New Zealand Spam Filtering Software, New Zealand Spam Filter.
Rocket Spam Terms and Conditions
Rocket Spam is operated by Avatar Ltd. At all times Rocket Spam will endeavour to operate in a fair and reasonable manner and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties. By using the services of Rocket Spam you are agreeing to the following Terms and Conditions.
Terminology
SPAM: Unsolicited email messages
Rocket Spam: Rocket Spam.co.nz
Rocket Spam services, liabilities limitations and warranties:
(1) Rocket Spam endeavours to supply a constantly available connection to the Internet but due to the nature of the medium we accept no responsibility for loss or damages of any sort due to the loss of connection or any other mishap related to our services.
(2) Rocket Spam anti-virus email filter is designed and maintained to catch known and detectable viruses carried within email attachments, Rocket Spam does not guarantee or otherwise represent that all email viruses will be detected and/or removed.
(3) A virus carried within email attachments may not be detected or removed for a variety of reasons including (without limit) new viruses for which the virus signature has not yet been made available to Rocket Spam; or the email message being in a compressed file or encoded/encrypted format not able to be detected or stopped by Rocket Spam anti-virus email filter system.
(4) Rocket Spam's anti-virus email filter only scans email attachments that pass through Rocket Spam's mail servers; therefore it only scans email attachments being sent to Rocket Spam customers mailboxes.
(5) Rocket Spam accepts no responsibility for any hardware or software incompatibilities the customer may experience with our network.
(6) Rocket Spam accepts no responsibility for any damaging or illegal data downloaded over the Internet.
(7) Rocket Spam makes no warranties of any kind, whether expressed or implied, for the service it is providing. Rocket Spam also disclaims any warranty of merchantability or fitness for a particular purpose. Rocket Spam will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via Rocket Spam is at the subscriber's own risk. Avatar specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Exclusion of Liability:
(8a) Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
(8b) Without limiting the other terms of this contract, the Subscriber's sole remedy against Rocket Spam shall be limited to breach of contract and Rocket Spam's sole and total liability for any such claim shall be limited to, at the option of Rocket Spam, either the re-supply of the services again or the amount of the current monthly Subscriber's Levies for the month during which the breach allegedly occurred.
(8c) Subject only to Rocket Spam's liability for breach of contract Rocket Spam will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or indirectly out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of Rocket Spam to comply with its obligations under this contract.
(8d) Notwithstanding anything herein contained or implied no employee, agent or director of Rocket Spam will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.
(8e) To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
(8f) Notwithstanding anything else herein contained or implied Rocket Spam is not attempting to exclude any of its legal liabilities under the Consumer Guarantees Act 1993.
(8g) This clause shall survive termination of this contract.
Relationship of the Parties:
The Subscriber warrants it has not relied on:
(9a) Any representation made by or on behalf of Avatar which has not been expressly stated in this contract; or upon any publicity material or brochures produced by or on behalf of Rocket Spam.
(9b) This contract constitutes the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior contracts, proposals, communications and representations made by either party (whether oral or written) and this contract may only be modified if such modification is in writing and signed by a duly authorised representative of each party. This contract shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in this contract, neither party has any other responsibility or obligation to the other.
(10) Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
Customer Obligation:
(11) The customer agrees not to use the services of Rocket Spam for any illegal activity of any sort including the sending of SPAM emails.
(12) The customer agrees not to attempt to access other accounts or in any other way compromise the security of the Rocket Spam servers or those of any other companies through our services.
(13) The customer will accept full responsibility for all use of the Internet services accessed through your account and accept responsibility for any charges incurred in accessing those services.
(14) The customer accepts that the right to use our services is not transferable.
(15) The customer agrees not to upload any illegal software or images to our network.
Payment Terms:
(16) All accounts are to be paid in advance. Failure to keep account paid and up to date may result in suspension of customers' access.
(17) If the account is not paid within 30 days after the due date, our debt collection agent may charge you a fee equal to 25% of the unpaid portion of the price, but not less than $25.00. Where the total debt collection agency costs, legal and other costs arising from the collection of any amount owing exceeds the debt collection fee charged our debt collection agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and enforceable by our debt collection agency under the Contracts (Privacy) Act 1982. Upon termination of account the customer is still liable for any and all outstanding debts to Rocket Spam. Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate the service relieves the subscriber of obligation to pay the monthly account charge.
Cancellation:
(18) The Customer agrees that they are entering into an ongoing contract with Rocket Spam and failure to respond to invoices will not automatically terminate their account. Cancellation of the account must be specifically requested by the customer and all outstanding amounts paid before cancellation.
(19) The service provided by Rocket Spam may be cancelled in writing at any time by either party without penalty provided one months notice is given in writing. Rocket Spam reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.
(20) Avatar shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 2 days, the subscriber may be notified as to the reason.
(21) No refunds will be given on credit balances on account cancellation but if the account is reopened within three months of cancellation that credit can be carried over.
Other Terms:
(22) Rocket Spam reserves the right to suspend or remove the customers account at any time without warning if in our opinion the customer has breached in any way any of the Terms and Conditions or has performed some other act which we (at our sole discretion) consider unacceptable.
(23) Should any provision of this contract be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this contract shall remain unaffected thereby unless otherwise stated.
(24) Use of Rocket Spam's Service constitutes acceptance of these Terms and Conditions.
(25) Terms and Conditions are subject to change without notice so it is advisable to periodically check this page. Any changes to prices will be sent to all customers by email.
(26) Rocket Spam exercises no control whatsoever over the content of the information passing through Rocket Spam.
(27) As a member of our network community, we encourage you to use your Internet access responsibly. Should you have any questions regarding this policy, feel free to contact us.
