STROBE Terms of Service

This STROBE Terms of Service (this “Agreement”) governs your purchase and use of all STROBE services (collectively, the “Services”), as described in the Order Form(s) submitted by you and accepted by STROBE (“Service Order”). You must accept the terms of this Agreement in order to use the Services.

By registering for and using any STROBE services, you acknowledge that you have read this agreement and agree to be bound by all terms and conditions of this agreement as well as all policies which are incorporated herein by reference.

STROBE may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the “STROBE web site (the “Site”). Your continued use of the services following STROBE posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify STROBE of your termination of this agreement in the manner described in the section below.

STROBE Policy & Service Guidelines

STROBE provides web hosting, domain name registration, SSL certificates and other services to many different kinds of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

1. Acceptable Use Policy (AUP)
   You agree not to misuse the STROBE services or help anyone else to do so. The following is a list of actions that will cause direct suspension/cancellation/termination of your service without the possibility of refund:
   • Hosting pornography and sex-related content of any kind is prohibited, publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
   • Send unsolicited communications, promotions or advertisements, or SPAM.
   • Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
   • DoS/DDoS attack others or being a target of any kind of DoS/DDoS attack(s).
   • Probe, scan, or test the vulnerability of any system or network.
   • Breach or otherwise circumvent any security or authentication measures.
   • Access, tamper with, or use non-public areas or parts of the services, or shared areas of the services you haven’t been invited to.
   • Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or mail-bombing any part of the Services.
   • Access, search, or create accounts for the services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk).
   • Promote or advertise products or services other than your own without appropriate authorisation.
   • The unauthorised sale or distribution of copyrighted media.
   • Hosting IRC or IRC bots or any IRC related chat program.
   • Hosting BitTorrent / P2P related program.
   • Hosting, distributing, or linking to crackz, hackz, KeyGenz, serialz, or pirated software.
   • Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
   • Violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or violate the privacy or infringe the rights of others.
2. Account Eligibility
   • By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorised and is a violation of this Agreement. If you use the services on behalf of another party you agree that you are authorised to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.
   • It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. STROBE is not responsible for any lapse in the services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the STROBE Billing and Support System. Providing false contact information of any kind may result in the termination of your account.
   • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
3. Utilisation
   • We do not permit sites and databases on shared servers with excessive compute resource utilisation that has a detrimental performance impact on other clients services utilising those shared servers.
   • If at any time a client’s service affects the performance of the other client sites or services on a shared server, we reserve the full right to offer clients the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the client’s site or services.
4. Refusal of Service
   • STROBE accepts orders from outside the New Zealand, but may limit accounts from certain countries or from certain known email domains that have or have previously had a high fraud rate.
   • To help protect STROBE and its clients from fraud, STROBE may ask you to provide a copy of a government issued identification that has a photo and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
   • If any manner of communication with STROBE’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
   • Any customer that violates our Terms of Services, your service where the violation has occurred will be immediately cancelled along with all services that you have with STROBE. Additionally, you will become ineligible for any other service(s) with STROBE.
   • We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
5. Backups
   • We backup all our shared hosting, reseller hosting and VPS servers regularly. This service will provide the peace of mind that if the server should fail for any reason we can quickly and completely restore your site or server.
   • We recommend that clients keep an up to date backup of their own sites or servers as this service is intended for disaster recovery to restore an entire server rather than an individual site or server. Individual site or server can ONLY be restored, in the event of clients accidentally deleting their data. The owner or reseller is ultimately responsible in the event the data cannot be copied as the last point as the original server. We will make all attempts to restore the data but it is not guaranteed.
6. IP Addresses
   • STROBE will maintain and control ownership of all Internet Protocol (“IP”) numbers and addresses that we may assign to you. STROBE may, in its sole discretion, change or remove any and all IP numbers and addresses.
   • Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of Asia Pacific Network Information Centre (APNIC). STROBE reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilisation.
7. Support Services & Boundaries
   • STROBE limit our technical support to our area of expertise. The following are our guidelines when providing support:
   • STROBE provides support related to your service. STROBE does not provide support for application specific issues, such as any programming, HTML, third party applications or any other such issue unless contracted to do so.
   • STROBE does not provide live chat support for any of our services.
   • STROBE does not provide technical support for YOUR clients.
8. Reseller Policy
   • Resellers are responsible for the conduct of their clients and by agreeing with this ToS and agree that their clients will adhere to the ToS. Resellers should make their prospective clients aware of the ToS and the consequences of violation.

Billing

Recurring Billing

• • Invoices are generated at the start of the month. Your invoice will be sent by email to the registered email address on your account. Payments are due on the 20^th of the same month
  • All credit cards are billed automatically monthly, semi-annually, annually or biennially. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction.
  • If you fail to make payment you will receive payment reminders and we may suspend or restrict the services on your account.

• Chargebacks, Reversals & Retrievals

• • If STROBE receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your services may be suspended without notice. A $40 chargeback fee (issued to recoup mandatory fees passed on to STROBE by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact STROBE to address any billing issues.
  • If you believe there is an error in our billing, you must contact STROBE about it, in writing, within thirty (30) days of the date you are billed or charged. STROBE’s obligation to consider your claim is contingent on your providing it with sufficient facts for STROBE to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify STROBE in writing or meet the deadline set out above. If STROBE finds that your claim is valid, STROBE agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

Account Suspension

• • If you fail to make payment you will receive payment reminders and we may suspend or restrict the services on your account.
  • STROBE will not activate new orders or activate new packages for clients who have an outstanding balance on their account.

Account Cancellation

• • You agree to provide at least 30 days notice of cancellation for any services we provide to you.
  • Cancellations can be emailed to admin@STROBE.net.nz
  • Prepaid hosting services will not be refunded.

Refunds

• • Refunds are only available in accordance with the 30-Day Money-Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
  • Anyone who violates our Terms of Services is ineligible for any refunds or credits.

Currency

• • All prices are in New Zealand Dollars and include GST
  • We are not responsible for any currency exchange fees of your credit card company or your bank.
    
    

Money-Back Guarantee

• • If you are not satisfied with our services for any reason during the first 30 days since your DBM billing account is registered, we will refund your web hosting fees. Unfortunately, we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The 30-day money-back guarantee only applies to shared, reseller hosting services and VPS servers. Dedicated servers, Microsoft licenses and software assurances, domain name registration(s) or SSL certificates or any other optional service(s) are not included under this guarantee.
  • Anyone who violates STROBE Terms of Service will automatically become ineligible for any money-back guarantee. Clients who have had prior service with STROBE is also ineligible for the 30-day money-back guarantee, as this is only applicable for new customers who have not had prior service with STROBE nor has pre-existing services.
    
    

Domain Name Renewals

• • It is the client’s responsibility to notify our sales team via email at admin@STROBE.net.nz after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and STROBE cannot be held responsible for failure to renew a domain or failure to notify a client about a domain’s renewal. Subsequently, domains renewals are billed and renewed on the domain’s renew date automatically. It is the client’s responsibility to notify our sales team via email at admin@STROBE.net.nz for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
    
    

Ownership Changes & Disputes

Access & Control Policy

When a new account or domain, as applicable, is registered with or transferred to STROBE, the process requires and results in the creation of the following within the records of “STROBE, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

• • If a person contacts STROBE and claims that he or she is entitled to access to an account, website, or domain registered with STROBE but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), STROBE will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, STROBE will not give access and control to a claimant unless STROBE is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring STROBE to give such access and control to said claimant or unless there is submitted to STROBE at admin@STROBE.net.nz a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be affected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of STROBE shall not be deemed effective to give notice to STROBE of any changes in said access or control.
  • Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against STROBE arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases STROBE from all liability and all claims for damages or any other liability whatsoever that may arise out of STROBE’s following said policy and procedure.

Transfer of Ownership

STROBE is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with STROBE. By accessing STROBE’s system, registering, or using any of the services provided by STROBE, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with STROBE are subject to the terms and conditions of this section of these Terms.

• • STROBE will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with STROBE only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( admin@STROBE.net.nz) a written statement (in a form acceptable to STROBE) containing the notarised signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) STROBE is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring STROBE to transfer such ownership to said claimant.
  • Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be affected regarding said transfer of ownership within STROBE; and, further, that any other changes made directly by Subscriber or by others within the online records of STROBE shall not be deemed effective to give notice to STROBE of any changes in said ownership.

Site or Account Ownership Disputes

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by STROBE or in an associated STROBE account. STROBE is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by STROBE or in an associated STROBE account, and, in STROBE’s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then STROBE will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves STROBE of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what STROBE, in its sole judgment, deems to be a reasonable time, then STROBE, at its option and without any obligation to do so, may, in accordance with and subject to New Zealand laws, file an interpleader action in a court of competent jurisdiction for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse STROBE for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to STROBE under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.

Notification of Transfer of Hosting Account Ownership

Limitation of Liability

• • STROBE shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from STROBE servers going off-line or being unavailable for any reason whatsoever.
  • Furthermore, STROBE shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of STROBE servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
  • You agree to indemnify, defend, and hold harmless STROBE from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, STROBE, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extend to all issues associated with your account, including but not limited to domain name selection and Web site content.
  • Violations of these Acceptable Use Policies should be referred to abuse@STROBE.net.nz
  • All complaints will be investigated promptly. Failure to follow any term or condition will be a reason for immediate account deactivation.

Disclaimer

• • STROBE cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning.
  • Moreover, STROBE holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as STROBE sees fit. We cannot be held liable for links to other sites placed on our systems by clients – the client/owner of a site is responsible for the content and activity of his/her site.