Effective as at 12.00pm 20/09/2024
Last Updated as at 12.00pm 20/09/2024
1. Purpose
These Terms of Service (“TOS”) form a legal agreement between you, the individual or entity using our services (“you” or “your”), and One&OnlyHost (“we”, “us”, or “our”). By communicating with us, visiting our websites, or using any of our services, you agree to be bound by these TOS and all related policies, including but not limited to our Acceptable Use Policy, Support Policy, Refund & Billing Policy, Privacy Policy, Server Maintenance Policy, and DMCA Policy. Together, these documents are referred to as the “Policies.” We reserve the right to update or modify the Policies at any time, and by continuing to use our services, you agree to adhere to any such changes. You can always access the most current version of these TOS here.
2. Customers
Although we help facilitate your presence on the Internet, our role is that of an independent contractor. Our responsibility is limited to the products and services we provide directly. We are not accountable for the actions of you, your end users, third-party service providers, or anyone using the services you offer.
3. Services
One&OnlyHost provides various products and services, collectively referred to in these TOS as the “Services.” These Services include both paid and free offerings. Any service you opt for—whether as part of a package, standalone product, full-price, or discounted—is covered by these TOS and our Policies. Some of our services may be provided through third-party providers whose terms will also apply to you. We reserve the right to change the details or specifications of any service at our discretion. Additionally, the offerings of third parties that we collaborate with may change over time, even between the time of purchase and delivery of the Services. We will do our best to notify you of any significant changes.
For more details on the Services, please visit our Knowledgebase (URL to be inserted). Should there be any conflict between the Knowledgebase and these TOS, the TOS will prevail.
Domain Name Services
We resell domain names, and when you register a domain through us, your request is processed by eNom (www.eNom.com). By using our domain registration services, you agree to comply with eNom’s policies and procedures, which can be found at www.eNom.com/terms. We cannot guarantee that your domain will be successfully registered. It’s your responsibility to ensure your domain is renewed on time, and we aren’t responsible for any failure to do so or for the consequences of a lapsed domain. While we will make reasonable efforts to renew domains set to auto-renew, the ultimate responsibility lies with you.
It is also your responsibility to confirm that the domain name you register does not infringe on the intellectual property rights of others. We do not verify this for you, and it is recommended that you consult with legal counsel if you are uncertain.
One&OnlyHost will comply with any legal orders regarding the cancellation, modification, or transfer of domain names.
Hosting Services
Our hosting accounts come with bandwidth allocations based on your selected package. Bandwidth does not roll over to future billing periods. If you exceed the bandwidth you’ve purchased, your account may be suspended until the next billing cycle, or we may charge you for overages, offer an upgrade, or terminate your account in line with the purchased plan.
We include a certain number of primary IP addresses with each hosting package. Additional IP addresses can be provided for a fee. If we need to change one of your assigned IP addresses, we will notify you via email. The IP addresses provided must be used only in conjunction with the purchased services and cannot be transferred.
To prevent excessive strain on our systems, users are expected not to place disproportionate demands on our servers or support resources. Should your usage consistently hit resource limits, we may reduce your access to resources, throttle bandwidth, or take other actions at our sole discretion, including suspension or termination of your account.
Hosting Specific Services
For Unmanaged Hosting Services, you are fully responsible for setting up and maintaining firewalls, software, backups, and security. Managed or Unmanaged Hosting Services with Root Access place the onus on you to manage any changes you make. One&OnlyHost is not responsible for resolving issues or recovering data related to changes you’ve made using Root Access, although we will assist where possible.
Reseller Accounts
If you are a reseller or use Reseller Hosting Services, you must adhere to these TOS and our Policies. Resellers are subject to the same provisions regarding indemnification and account termination as any other customer. Any additional terms or guarantees made by third parties beyond those outlined in these TOS are not recognized by us and may lead to cancellation of your account.
Access
You will not have direct physical access to the servers where your data is hosted. These servers may be shared with other customers, and their use could influence your access and administration of your hosting services. You agree not to interfere with or alter the server functionality or its related equipment.
Control Panels
cPanel: We provide access to cPanel services through a third party. When you use cPanel, you agree to abide by cPanel’s End User License Agreement (EULA), which can be found at https://cpanel.com/legal-store.html. Please review this agreement before using cPanel.
Plesk: Plesk services are similarly provided by a third-party provider, and by using Plesk, you agree to be bound by its EULA, available at https://www.plesk.com/eula/. Be sure to review this agreement prior to using Plesk-related services.
4. Enrollment and Account Management
Enrollment: By signing up for any of our services, you represent that you are at least 18 years old and have the legal authority to enter into this agreement on behalf of yourself or your organization. We may perform credit checks or fraud screenings as part of the sign-up process, and it’s essential that you provide accurate information. You also confirm that you possess the technical skills and experience necessary to use the services effectively.
Account Information: It is your responsibility to ensure that your account information, including contact details, remains accurate throughout our relationship. We are not responsible for any service interruptions or missed communications caused by outdated or incorrect information.
Account Security: You are fully responsible for all actions taken under your account credentials, regardless of whether they were performed by you or others. Security, including password protection, is your responsibility. One&OnlyHost is not liable for damages resulting from unauthorized access to your account.
We may access your account for troubleshooting purposes or to confirm compliance with our Policies.
5. Term of Agreement; Billing & Payment
Term: We are not obligated to deliver any Services until we receive payment from you through our online checkout system (the “Effective Date”). Services will begin on the Effective Date and continue until the date specified in the service description on our website at my.oaohost.com (the “Initial Term”).
Automatic Renewal: The Initial Term will automatically renew for equal successive periods (each a “Renewal Term”) unless otherwise specified. For more information regarding automatic renewals, please refer to our Refund & Billing Policy. If you wish to stop the renewal of your Services, you must notify us before the start of the next Renewal Term by one of the following methods:
- Submit a cancellation request through our online form at least one (1) day prior to the start of the Renewal Term via my.oaohost.com.
- Send us an email at [email protected] or contact us through our customer portal at my.oaohost.com, at least fifteen (15) days before the start of the next Renewal Term.
Termination: Proof of account ownership and proper authorization is required to terminate your account, regardless of the method of cancellation.
Termination for Convenience: Either party can terminate the Services for convenience with fifteen (15) days’ prior written notice. Cancellation requests must be submitted through our online form at my.oaohost.com. If you cancel for convenience, you will still be liable for all charges for the remainder of the active Initial or Renewal Term. Details on refunds and our Money Back Guarantee can be found in our Refund & Billing Policy.
Before canceling, we encourage (but do not require) you to contact us for issue escalation, especially if your reason for canceling is related to service dissatisfaction. If your agreement is for a specific term, please contact us to determine any fees associated with early termination. All cancellation requests must be submitted through our online cancellation form at my.oaohost.com.
One&OnlyHost Termination: We reserve the right to suspend or terminate Services immediately without notice for reasons including, but not limited to, violations of these TOS, non-payment, prevention of network service disruptions, or security threats to our network. In such cases, your account will be closed, and any associated data will be deleted. You will still be liable for any unpaid fees. Upon account closure, we will not forward emails or maintain backups. We strongly recommend keeping the Service active during any transition period to avoid losing communications.
If termination results from your violation of our TOS or Policies, we will not issue any refund or credit.
Termination for Breach: You may terminate Services if One&OnlyHost commits a material breach of these TOS that is not corrected within thirty (30) days of receiving your written notice of the breach. A material breach does not include issues outlined in Section 19(b). Any notice of a breach must be detailed enough to allow us to identify and resolve the issue.
Post-Termination Access: If you require access to data after your account has been terminated, and we are able to recover it from backup, there will be a one-time charge of seventy-five dollars (NZD $75) or more. Once terminated, all account data will be removed from our servers and likely lost forever. Any domain registration services linked to the account will also be canceled.
Billing, Refund & Payment: For additional information regarding billing, payment, and refunds, please refer to our Refund & Billing Policy.
6. Money Back Guarantee
While we strive to maintain customer satisfaction, if you wish to cancel your service, you may be eligible for a full or partial refund under our Money Back Guarantee. Details of this policy can be found in our Refund & Billing Policy.
7. Use of Services
Your use of the Services is governed by these TOS and our associated Policies. One&OnlyHost makes no guarantees regarding the uninterrupted or continuous availability of the Services, nor do we guarantee the accuracy, security, or error-free transmission of data through our network.
8. Testimonials
If you provide a testimonial or endorsement regarding your experience with our Services (an “Endorsement”), it must be a genuine account of your first-hand experience. Once provided, the Endorsement becomes our property, and we may use it for promotional purposes across various media formats. We reserve the right to edit the content for clarity or length, while preserving the original sentiment. By providing an Endorsement, you also grant us permission to use your first name, last initial, home state, and likeness for promotional purposes. If you wish for us to cease using your Endorsement, contact us at the information provided in Section 18, and we will process your request promptly.
9. Data Backups
It is your sole responsibility to regularly back up your data. One&OnlyHost is not responsible for any data loss or corruption, regardless of the cause, including hardware failures, software issues, unauthorized actions, or account termination. We encourage all customers to maintain independent copies of their important data.
10. Intellectual Property, Licensing, and Data Ownership
All services provided by One&OnlyHost or its third-party partners remain the intellectual property of One&OnlyHost unless explicitly stated otherwise. You are granted a limited, non-transferable, non-exclusive, worldwide license to use our Services during the term of your agreement with us. This license terminates when the Services are terminated.
You agree not to reverse-engineer, alter, or otherwise infringe upon the technology or Services we provide. Additionally, you grant One&OnlyHost and any third parties involved in providing the Services a worldwide, royalty-free license to use, transmit, and store your content as necessary to deliver the Services.
For more details about how we handle your data and privacy, please see our Privacy Policy.
11. One&OnlyHost Warranty
One&OnlyHost guarantees that all Services will be performed in accordance with industry standards. If you believe we have breached this warranty, you must notify us in writing, clearly outlining the issue within thirty (30) days of the occurrence. Upon receipt, One&OnlyHost will, at our discretion, either (i) reperform the Services to meet the standard, or (ii) provide a pro-rated credit based on the time the Services were non-compliant.
Please note that any services provided by third-party vendors are explicitly excluded from this warranty.
12. Your Responsibilities and Warranties
You agree to cooperate with us to ensure smooth delivery and use of the Services. This includes providing accurate contact and billing information and ensuring that you or your team possess the technical knowledge required to use the Services effectively.
You are responsible for ensuring your ability to access the Services. You warrant that you or your organization has the necessary technical capability to utilize our Services.
You have reviewed and agree to abide by the terms set out in One&OnlyHost’s Support Policy.
Additionally, you warrant that you have full legal authority to enter into this agreement on behalf of any organization you represent.
You also affirm that neither you nor your company has been designated as a Specially Designated National or Blocked Person by any government authority.
13. Disclaimers
EXCEPT AS EXPRESSLY STATED IN SECTION 14, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No verbal or written communication from One&OnlyHost or its representatives will create any additional warranty beyond what is explicitly stated in these TOS.
One&OnlyHost is not liable for the content of any data transmitted, received, or stored through our Services, nor for any data loss, unauthorized access, or corruption of information. We are also not responsible for any breaches or security issues caused by your failure to maintain and update your web applications, such as plugins.
We specifically disclaim any warranties related to services provided by third-party vendors, even if those services are offered through us. No warranties provided by third parties extend to you through One&OnlyHost, nor can you claim third-party beneficiary rights to those warranties.
In jurisdictions where certain warranties cannot be excluded, any applicable warranty is limited to a period of 90 days from the Effective Date.
14. Limitation of Liability
It is your responsibility to verify the accuracy, security, and ownership of any data or content accessed or downloaded from the Internet. One&OnlyHost is not liable for any issues arising from content obtained through the Internet.
Under no circumstances will One&OnlyHost be liable for any of the following: (A) data loss, (B) direct, indirect, special, incidental, consequential, or punitive damages, even if we have been informed of the potential for such damages, or (C) lost revenue, profits, business opportunities, or interruption of business. This limitation of liability includes One&OnlyHost’s employees, agents, directors, officers, and affiliates.
Further, One&OnlyHost will not be responsible for any indirect or consequential losses, such as a drop in search engine ranking or missed business opportunities, caused by scheduled maintenance, service suspensions, or breaches of our TOS or Policies.
Our maximum liability to you, under any circumstances, will not exceed the total fees you paid to One&OnlyHost for the three months prior to the event giving rise to the claim.
We will not be liable for issues arising from force majeure events, scheduled maintenance, or service interruptions as outlined in our Server Maintenance Policy.
15. Indemnification
You agree to indemnify, defend, and hold harmless One&OnlyHost, its employees, subsidiaries, affiliates, and service providers, from any claims, damages, losses, or legal actions (including reasonable attorney’s fees) resulting from your use of our Services. This includes any breach of these TOS, violations of our Policies, or any actions taken by you or your customers that disrupt our network.
One&OnlyHost will indemnify you for any claims or legal actions resulting from a proven infringement of a patent, copyright, or trademark in connection with our Services. This indemnity only applies to Services fully owned by One&OnlyHost and does not extend to third-party services. We will either (i) secure your continued use of the Service, (ii) provide an equivalent non-infringing Service, or (iii) terminate the Service and refund the associated fees. This indemnification is contingent upon you notifying us promptly of any claims and cooperating fully in the defense or settlement of such claims.
16. Notices
We will send all notices to the email address listed in your account. It is your responsibility to keep your contact information up to date.
For general inquiries, support, or billing issues, please visit our website. For legal notices related to these TOS, you can reach us at:
One&OnlyHost
Suite 13063
PO Box 39018 Harewood
Christchurch 8545
New Zealand
17. Legal
Compliance with Laws:
It is your responsibility to ensure that your use of our Services complies with all applicable laws, including any international or local regulations. For instance, if applicable, you should be aware of New Zealand’s export laws. We encourage you to stay informed of such laws to ensure compliance when using our network and Services. In certain cases, we may be required to disclose information, even confidential details, to comply with legal requirements such as court orders, subpoenas, or government regulations. We are not obligated to notify you of such disclosures unless otherwise required. In some instances, we may also charge fees for handling legal requests, including requests from civil litigants.
Force Majeure:
Neither party will be held liable for delays or failure to fulfill obligations caused by events beyond reasonable control, such as service outages, hardware or software failures, DDoS attacks, natural disasters, labor strikes, or acts of war. Should such events occur, the affected party’s obligations will be extended by the duration of the disruption. The party experiencing the event must notify the other party within ten (10) days of its occurrence.
Choice of Law and Jurisdiction:
These TOS, including any of our Policies, are governed by the laws of New Zealand. Any legal disputes arising from these TOS or related policies shall be resolved under New Zealand law, with the appropriate jurisdiction being within New Zealand courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Filing of Claims:
All claims you file against us must follow the processes set out in our Policies. Claims that do not adhere to these guidelines will be considered invalid, and you will be responsible for any costs or attorney’s fees we incur as a result of improperly filed claims. This includes legal fees for any attorney representation we require.
No Waiver:
Failure by either party to enforce any right or provision under these TOS does not constitute a waiver of that right. Any waiver must be provided in writing and does not extend to future enforcement of the same right or provision.
Assignment:
One&OnlyHost reserves the right to transfer or assign these TOS or any of our rights or obligations to third parties. However, you are not permitted to assign these TOS or your rights to any other party without our prior written consent.
Severability:
If any part of these TOS is determined to be invalid or unenforceable by a court, the remaining provisions will continue in full force. The unenforceable part will be modified to reflect our original intent to the greatest extent allowed by law.
Survival:
The provisions in Sections 11 through 18, and any other relevant provisions, will continue to apply even after the termination or expiration of these TOS.
Construction:
Terms such as “including,” “includes,” or “include” will be understood to mean “including without limitation,” and any illustrative examples are meant to serve as examples, not as limitations.
Limitation on Claims:
You agree that any claim or legal proceeding against us must be initiated within one (1) year of the event giving rise to the claim. After this period, your right to pursue legal action will be waived. This clause expressly overrides any longer statute of limitations that may apply under the law.