Cicada Terms and Conditions
By using Cicada services you are agreeing to the following terms and conditions.
(1) All services provided by Cicada may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The client agrees to indemnify and hold harmless Cicada Websites from any claims resulting from the use of the service which damages the client or any other parties.
NOTE: Pornography and sex-related merchandising are prohibited on any Cicada server. Cicada will be the sole arbiter as to what constitutes a violation of this provision.
NOTE: Spamming, or the sending of unsolicited email, from a Cicada server or using an email address that is maintained on an Cicada machine is STRICTLY prohibited. Cicada will be the sole arbiter as to what constitutes a violation of this provision.
(2) Payment is due upon receipt of invoice. All payments must be in NZ dollars and withdrawable at a NZ bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a client's cheque is returned by the bank as unredeemable, the client will be deemed to be in default, and will be liable for a "returned cheque" charge of $30.00.
(3) Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve the client from the obligation to pay the monthly charge. Only a written request to terminate the service relieves the client of obligation to pay the monthly account charge.
(4) Accounts in default are subject to a late payment charge of $30 and an interest charge of 2.5% per month on the outstanding balance. If the client defaults, the client agrees to pay Cicada its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
(5) All files, information and mail under the account will be preserved for 15 days from the date the payment is due. If the payment is not received after 15 days, all files, information and mail under the account will be deleted. If the client wishes to use the service again, the client must re-apply as a new client. For this, an activation fee will be required.
(6) The client agrees that Cicada has the right to delete all data, files or other information that is stored in the client's account if the client's account with Cicada is terminated, for any reason, by either Cicada or the client.
(7) The client agrees that Cicada has the right to modify Hosting Fees without notice if either a) agreed hosting quotas are exceeded (pages, disc space or users) or b) as part of any general Cicada hosting fee changes.
(8) Service provided by Cicada may be cancelled in writing at any time by either party without penalty provided one months notice is given in writing. Cicada reserves the right to change the rate by notifying the client 15 days in advance of the effective date of the change.
(9) The client must certify that he or she is at least 18 years of age.
(10) If the client requests that Cicada provide services not delineated herein any time during the 30-day period and thereafter, the client agrees to pay Cicada price for such services in effect at the time such service was rendered.
(11) Cicada exercises no control whatsoever over the content of the information passing through Cicada.
(12) 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.
(13) Should any provision of this contract be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this contract shall remain unaffected thereby unless otherwise stated.
(14) These Terms and Conditions may be subject to change without notice. Please refer to www.cicada.nz for the most recent version of these Terms and Conditions. Use of Cicada Service constitutes acceptance of these Terms and Conditions.