Web Hosting Terms of Service

Arrow Technology Web Hosting Terms of Service

The use of services from Arrow Technology Limited [hereafter referred to as "Arrow Technology" or "ArrowTech"] constitutes agreement to these terms. You may view our Privacy Policy here.

1) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with Arrow Technology, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Arrow Technology is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email.

Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it may be necessary for you to provide government issued identification and possibly 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 be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorised owner of the account.

Transfers

Our transfers team will make every effort to help you move your site to us. Assistance with transfers may incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Dedicated IP Address Allocation

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 American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Note: We fully support SSL with SNI which means dedicated IP addresses are not required and most browsers are compatible with SNI, This may mean you do not require a dedicated IP address.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Arrow Technology is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2) Content

All services provided by Arrow Technology may only be used for lawful purposes. The laws of New Zealand apply.

The customer agrees to indemnify and hold harmless Arrow Technology from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

If you believe that your copyright or trademark is being infringed upon, please email abuse@arrowtechnology.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a subscription account as a backup/storage device is not permitted. Please do not take backups of your backups.

Examples of unacceptable material on all servers includes:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts

Arrow Technology services, including all related equipment, networks and network devices are provided only for authorised customer use. Arrow Technology systems may be monitored for all lawful purposes, including to ensure that use is authorised, for management of the system, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. Use of Arrow Technology system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Arrow Technology may, at its discretion, request and require documentation to prove access to a third party network or system is authorised.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a support ticket/email and will have a response within 48 hours.

Sites hosted on Arrow Technology's service(s) are regulated only by New Zealand law. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Arrow Technology is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a New Zealand Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The Arrow Technology service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Arrow Technology should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Arrow Technology's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@arrowtechnology.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

You should use unique passwords on each service; for example your email and control panel should use different passwords. For ease of provisioning you may initially be provided the same password for multiple services and you should then change those passwords.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please click here to read our Hosting Services Email Policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Arrow Technology reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Arrow Technology reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Arrow Technology.

4) Payment Information

You agree to supply appropriate payment for the services received from Arrow Technology, in advance of the time period during which such services are provided. You agree that until and unless you notify Arrow Technology of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing or via your billing control panel. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately on 09-473 3381. All cancellation requests will be verified by our team.

As a client of Arrow Technology, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Arrow Technology of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Arrow Technology. Arrow Technology reserves the right to bill your credit card or billing information on file with us. Arrow Technology provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Arrow Technology for services rendered. Access to the account will not be restored until payment has been received.

Domain renewal notices and invoices are provided as a courtesy reminder and Arrow Technology cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our team for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. Multiple payments using direct credit card or bank transfers can be credited, but only after sufficient time has passed to ensure your original payment has fully cleared. If you require assistance with this provisioning, please contact us on 09-473 3381 or using our online support form.

Arrow Technology reserves the right to change the monthly payment amount and any other charges at anytime.

5) Backups and Data Loss

Starter Web Hosting: Your use of this service is at your sole risk. Our backup service runs daily on a rolling 10 day basis, overwriting previous backups. This is a full backup including email and a separate copy of any databases, which is stored at the data centre on separate media. This service is provided to you as a courtesy. Arrow Technology is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Arrow Technology servers.

Professional & Premium Web Hosting: Guaranteed daily backups on a rolling 14 day basis, overwriting previous backups. These hosting plans can also have Enhanced Backups.

Enhanced Backup Add-on: Subscriptions with this add-on will get additional full backups (including email) performed 4 times daily (every 6 hours) and stored both at the data centre and off-site for a minimum of 7 days. These are snapshot based backups and do represent a specific point in time, therefore they may be transactionally complete, although that is not guaranteed. Additionally, web sites with Enhanced Backups get separate mirrors of files & database (not emails or any other data) which are performed daily and stored off-site for a minimum of 60 days. Files greater than 50MB and databases larger than 200MB are excluded from the mirrors, but are included in other full backups. Whilst mirrors are not transactionally synchronised (changes that are coordinated between files & data may not be matched), they do provide fully usable copies of web sites.

Our web services are targetted at Australasian customers (Australia / New zealand), therefore the mirrors run overnight NZ time at fixed times on each server. If you have nightly processing that you would like to perform for example before the mirror, please contact us so that we can provide recommendations. The full backups and off-site copies run at arbitrary times and any site changes can be expected to be backed up within 6 hours.

Arrow Technology will charge a fee for restoration of files and/or data, Restores can either be direct to your account site, supplied on media or made available for download. All restores require robust authentication; we will not provide data unless we are absolutely sure you are the subscription owner.

Customers are able to backup sites themselves using their control panel or within-site backup utilities. However, the storage of customer backups within sites is specifically disallowed; backups must be transferred off-site then deleted from the site, so we do not backup your backups. A backup stored within the site is not really a backup anyway.

6) Monitoring & SiteSentinel Web Application Firewall

Arrow Technology has a variety of active web server monitoring systems running 24/7 with alerting for unusual conditions.

All sites get protection from the Arrow Technology SiteSentinel web application firewall. This is a stateful rule based system which protects sites in many ways, including from attacks, bad web crawlers (good ones are allowed) and protecting site admin areas. SiteSentinel provides forensic level diagnostic information for assisting with investigating site issues and will even automatically alert us to various undesirable site conditions, such as site pages that take too long to process. If there is a succesful attack on a site, SiteSentinel can allow us to accurately identify the method that was used to gain access to the site and therefore additionally protect the site once it is fixed up.

It is possible that in some situations SiteSentinel may incorrectly block a legitimate request, particularly for a new site we have never hosted before where some rule adjustment may be required for that site. This is extremely unlikely to happen. All SiteSentinel blocks will show the visitor a clear message including contact details for Arrow Technology. We also regularly check the logs for anything of interest.

There are commercial services available that provide some similar features to SiteSentinel (eg CloudFlare, SiteLock and Sucuri) and some services also offer Content Data Network (CDN) services. You are welcome to use those services as well if you wish, they will work just fine together with SiteSentinel, but please let us know if you plan on using these services. Some third party systems have features we do not have, but we have a number of unique features which none of the commercial systems have, including some features that would be impossible to implement using an off-server web application firewall.

Note:

  • Within New Zealand, some CDN services do not actually provide a significant improvement in speed. If the CDN servers are located overseas, a CDN may well give a reduction in speed. However, using a CDN may still provide some useful benefits.
  • Beware of free services; we have seen them cause more problems than they fix, including making attacks worse. We suggest you only use paid-for services where all of the protection features become available.
  • Many web site framework (eg WordPress) security plugins are awful and give a false sense of security, plus when attacks occur those plugins can cause extreme site loading. Once a site is hacked, most security plugins can be totally bypassed. However, some plugins do offer additional useful features.
  • SiteSentinel will run before any of the content in your site is allowed to run, which means web site security plugins will not ever see many attacks that SiteSentinel has already blocked.
  • Due to the repetitive, heavy and inquiring nature of some external site monitoring & crawling services, they may be detected by SiteSentinel as being attacks, bad crawlers or otherwise undesirable. It is disappointing to note that some commercial services are actually quite bad at how they impact sites; commercial does not mean they are nice and many commercial services also crawl competitor sites (eg maybe your site). If you use such a service and it is getting blocked, please let us know so we can review and discuss.

No web application firewall can provide guaranteed 100% protection from all attacks. Sites must also utilise good coding practices, use reliable plugins (and even some of the best have had vulnerabilities) and update the framework and plugins regularly. SiteSentinel does actually provide very good protection from a lot of generic common vulnerabilities.

7) Restricted Web Server Access

For the most part, there are no restrictions on what visitors can access web sites, other than what our SiteSentinel web application firewall might impose restrictions which could vary from time to time. We do block various 'bad' crawlers and SiteSentinel is capable of automatically detecting & blocking bad crawlers.

Access to web server control panels and FTP file transfer is severely restricted. Most New Zealand 'well-known' internet service provider address ranges have access; overseas access is only enabled on an as-required basis. If you cannot access any of these services, please send us your public IP address and we will unblock. If you are overseas, you may be required to have a static IP address.

Access to SSH secure shell is only allowed on an as-required basis. By default all internet addresses are blocked from this services and will only be enabled as required. Direct access to MySQL over the internet is not allowed, except if tunneled via an SSH connection.

Email access is unrestricted, but Arrow Technology mail servers do have send-rate and login-attempt limiters. Attempting too many logins to a mailbox will cause the rate limiter to block further attempts for a while.

8) Cancellations and Refunds

Arrow Technology reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Cancelled accounts will normally be deleted extremely quickly but will be retained on backups for a minimum of 7 days after cancellation. Any restores must be completed within this time and will be charged at an hourly rate. Changes to accounts within a period of 24 hours prior to cancellation may not be captured by backups.

Suspended accounts will continue to receive normal backups.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds to your credit card are processed in New Zealand dollars, which will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Arrow Technology is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time by contacting us directly.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Transfers
  • Cheques
  • Money orders

There are no refunds on administrative fees, provisioning/support fees and install fees.

9a) Resource Usage

Customers may not:

  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy).
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on Arrow Technology servers.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  8. Run cron entries with intervals of less than 15 minutes (5 minutes for Premium Web Hosting Gold).
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  11. To help reduce usage, do not force html to handle server-side code (like php and shtml).
  12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
    Update: Times are changing; we now actively encourage SSL certificates and https :)

For accounts on Premium Web Hosting Gold plans, some leniency is given to processing that may be performed during the day or overnight. For example, a web store that performs syncronisations or a nightly re-index of a large number of products. For this reason, we recommend the Gold plan for busier/larger e-commerce sites.

9b) Total Files

Excessive files, particularly very small files, cause disk & directory file fragmentation and can significantly impact both system and file based backup performance.

Accounts found to be exceeding the 100,000 file limit may be removed from the mirror backup systems to avoid over-usage, however databases will still be backed up and the account will still get at least daily full backups. Every file (a webpage, image file, email, etc) on your account counts towards the file limit.

Sites that slightly exceed the file limits are unlikely to be suspended. Accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

9c) Backup Limit

Unlike some web hosting services, Arrow Technology sets clearly defined disk space limits on each account. As such, as long as you are within your disk space allocation then you will benefit from the backups that we provide and are associated with your account plan.

10) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Arrow Technology does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Arrow Technology will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

12) Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people.

13) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Arrow Technology services, and the right to increase the amount of resources or features given to plans at any time.

14a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Arrow Technology harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Arrow Technology, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Arrow Technology against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Arrow Technology; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Arrow Technology's server.

14b) Arbitration

By using any Arrow Technology services, you agree to submit to binding arbitration. If any disputes or claims arise against Arrow Technology or its subsidiaries, such disputes will be handled by an arbitrator of Arrow Technology's choice in Auckland, New Zealand. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

15) Disclaimer

Arrow Technology shall not be responsible for any damages your business may suffer. Arrow Technology makes no warranties of any kind, expressed or implied for services we provide. Arrow Technology disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Arrow Technology and its employees.

16) Disclosure to law enforcement

Arrow Technology may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17) Changes to the Terms Of Service

Arrow Technology reserves the right to revise its policies at any time without notice.

Was this answer helpful?

 Print this Article

Also Read

Privacy Policy

Arrow Technology Privacy Policy Effective January 15, 2012 Arrow Technology is committed to...

Hosting Services Email Policy

Limits There is a 500 outgoing email hourly limit per domain. This limit is also applied towards...

Security Vulnerability Scans

Please read this article thoroughly before performing any security vulnerability scans on your...