Disclaimer
In NO event will Total Website NZ Ltd (i.e. Total Website) be liable for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the use of customer web sites, customer products or external links and affiliate sites. Visitors, and third parties, agree to indemnify and hold harmless Total Website, it's owners, employees and it's agents, from any damages claimed as a result of information, resources, products or services, or third party links obtained from the Total Website site.
Our products and services are provided "as is" without warranty of any kind, either expressed or implied unless otherwise stated. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products and services.
All services provided by Total Website may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Total Website from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising and material is prohibited on all sites hosted or designed by Total Website. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we will be forced to remove your site (even if it does not have adult material on it) from our servers because we feel that it would be just a matter of time before you would either try to put that on our servers or place a link to it. Total Website will be the sole arbiter in determining violations of this provision.
If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given. NO links to any pornography or sex related sites are tolerated and your site will immediately be removed without refund.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Total Website servers or any other server on the internet. Links to such materials are also prohibited. No warez, illegal MP3 downloads or gaming sites.
Examples of unacceptable content or links:
Pirated software
Hacker / Cracker programs or archives
Warez sites
No warranties
This website is provided “as is” without any representations or warranties, express or implied. “Total Website” makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, “Total Website” does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
“Total Website” will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if “Total Website” has been expressly advised of the potential loss.
External Links
This website may provide links to a number of external websites and these are provided for your convenience. These websites are not owned by Total Website and we assume no responsibility or liability for any material contained within such websites.
Website Design
Total Website offers website hosting as a reseller of hosting services. Total Website creates websites but does not host websites locally. Total Website shall not be responsible for any issues relating to the hosting of a website which Total Website has created.
Search Engines
Total Website will submit websites designed by them to top search engines. Search engine submittance includes: Google, Yahoo, Bing, Aol Search, Netscape Search, Dmoz - open directory, Searchit, Go, AltaVista, Hotbot, and Lycos. We have no control over whether or not your site will be listed as we do not manage search engine content. The search engines decide whether or not you will be listed in their directory.
Website Content
Although we make every effort to ensure proper spelling and grammar, this alone is not sufficient. Just as with any other publishing business, the production of a professional website requires careful proofreading by the website owner. When you provide material to us for you website, it is your responsibility to ensure that all information is correct, free from copyright infringement, and relevant. The information contained within your website is your responsibility. All content is provided by the client of Total Website and Total Website will not be held liable for any issues that may arise due to incorrect information or any issues that relate to copyright infringement.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our staff’s liability in respect of any:
- death or personal injury caused by our staff’s negligence;
- fraud or fraudulent misrepresentation on the part of “Total Website”; or
- Matter which it would be illegal or unlawful for “Total Website” to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, “Total Website” has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our staff, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect “Total Website” officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as “Total Website”.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Total Website NZ Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Our company reserves the right to change or modify these terms with no prior notice.
If you have questions, please contact us.