privacy policy

at bayofislands.net, we believe that the confidentiality and protection of our customers information is one of our fundamental responsibilities. this is why we want our customers to know that we will respect the information they have shared with us while we continue to offer them the best services.

bayofislands.net would like to assure you that we do not provide or sell the names and addresses of our customers [site users] to outside parties. bayofislands.net does its best to safeguard customers' information from unauthorized access. we have also designed our site so that if/when your email address is displayed it is not so easy to be automatically 'harvested' by harmful spam-email robots.

if you supply us with your postal or email address, you may receive periodic mailings from us with information on new services. don't worry though, we're not spammers, we treat your contact information with courtesy.

we monitor and record all messages sent through this website, including the ip address of the computer sending the message. this is solely for website quality control, as well as monitoring spam and abuse. any spam or abusive messages will be passed to the relevant people.

if at any time you do not wish us to contact you using the data we have retrieved or have questions concerning our privacy policy, please feel free to contact us.

by using this site, you signify your assent to the bayofislands.net privacy policy. if you do not agree to this policy, please do not use the site. we reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. please check this page periodically for changes.

if at any time you have questions about or believe that bayofislands.net has not adhered to this policy, please contact us. we will use all reasonable efforts to promptly determine and correct any problems.

we reserve the right to change this policy at any time by posting changes on-line. your continued use of the bayofislands.net resources/services after changes are posted constitutes your acceptance of this policy as modified by the posted changes.

tos - terms of service

unacceptable uses include, but are not limited to: bulk emailing, unsolicited emailing, forum or other spamming, illegal content, pornographic content, copyright infringement, trademark infringement, racial or personal attacks, and/or anything else determined by bayofislands.net to be unacceptable use of bayofislands.net services including abuse of website resources.

with regard to the advertisers content, all content must be legal in new zealand, australia, and the united states of america.

bayofislands.net provides a portal for the area. we always endeavour to provide a great service all of the time. however sometimes our service may lapse, we unfortunately cannot be held liable to any loss to you or your business as a result of said lapses.

this agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

either party may terminate this agreement without cause upon written notice to the other party. nothing in this paragraph however shall limit bayofislands.net right to terminate customer immediately and without prior notice for improper use and violations as set forth herein.

termination of any account will not be processed without the required procedure. any person wishing to terminate their account must login to the members area / client area and submit a cancel request for that account. this request must be submitted at least 7 days before the next billing is due, if anything is due. terminations will not be accepted without completing the termination step mentioned above. no exceptions will be made. the termination procedure is required for your protection as well as ours. the procedure provides evidence that the individual terminating the account is authorized to do so. once this request is received, and information verified, the user's data will be erased off the server and display of said data downgraded appropriately.

in the event that bayofislands.net elects to terminate customer as a result of its improper acts and breach of the terms and conditions contained herein, customer shall not be entitled to a refund of any funds that might have been paid. bayofislands.net reserves the right to terminate any customer without prior notice and without assigning any reason.

in the event customer elects to terminate this agreement, same shall be considered a breach and customer shall not be entitled to any refund, if anything has been paid.

customer agrees that bayofislands.net shall have no liability for the services, data or information provided to the public on the internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

customer further agrees that bayofislands.net shall not be liable for any damages or losses sustained by customer for business or other activities conducted on the internet including but not limited to consequential, indirect, special or incidental damages.

customer agrees that it shall not hold bayofislands.net liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

bayofislands.net is not liable for content backups. bayofislands.net has made every reasonable attempt to protect the security and integrity of customer's information but offers no warranty as to the ability to restore customer content in the event of a website failure.

in no event shall the bayofislands.net liability exceed the total paid to bayofislands.net by the customer. if nothing has been paid, then total liability will be zero.

bayofislands.net makes no representations and cannot guarantee that customer's information does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. customer shall not hold bayofislands.net liable for any damages, injuries or losses incurred by customer as a result of any action instituted by a third party.

bayofislands.net performs regular backups of client content. bayofislands.net makes every effort to insure that these backups are valid. bayofislands.net assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backups. bayofislands.net assumes no liability for any information published including all content, statistics, messages, etc.

access to client content is provided to all customers at any time. it is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials or information placed on bayofislands.net servers, or of any database maintained on any server operated by bayofislands.net in the event bayofislands.net is unable to restore customer content from tape backup. at no time shall bayofislands.net assume any liability for lost customer content.

messaging between visitors an businesses represented on bayofislands.net is a service which we try and keep running as well as possible. however, due to spam filters and technical reasons beyond our scope, such messages may not always get through.

statistics, such as visitor numbers, are intended as a guide only and should not be inferred as 100% accurate.

customer understands that the internet and other various networking communications are not secure.

customer will ensure that its use of the internet and any service provided by bayofislands.net to it complies with all applicable international, national, regional and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. in the event that customer violates this provision, bayofislands.net shall have the right to consider same a breach of this agreement by customer which shall entitle bayofislands.net to terminate customer immediately without prior notice. in the event of such acts, bayofislands.net reserves the right to pass customer information, including ip addresses and any information we hold about the said customer, to relevant the authorities.

it shall be within the sole discretion of bayofislands.net to deem material as inappropriate.

bayofislands.net reserves the right to refuse to make live and/or accept any account application or business listing, as well as remove any account or listing or parts therein, without assigning any reason.

customer is solely responsible for validating the integrity of the information and data it receives or transmits over the internet.

customer shall be solely responsible for protecting the security of its internet account and usage. customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. bayofislands.net shall not be liable for any breach of security caused by customer or third parties. in no event shall bayofislands.net liability exceed the total cost of this contract between bayofislands.net and customer.

bayofislands.net will use its best efforts to maintain the integrity and security of customer's password.

adult-oriented/pornography content is not allowed. this includes hate or incite-to-hate actions against any group. content of such nature will be removed immediately and and the customer account terminated without refund, as well as details passed to the authorities. this is also true for content that promotes any illegal activity or content that may be damaging to our servers or any other server on the internet, or provide links to such sites. we also log every visitors ip and will pass this to the appropriate authorities as we see fit.

the account holder, as registered with bayofislands.net is considered to be the account owner. bayofislands.net will not transfer ownership, content, or access to any other party without written consent of the registered account owner.

customer agrees to indemnify and hold bayofislands.net harmless in any legal action which arises as a result of customer's use of bayofislands.net services, without limitation or exception including, but not limited to any action brought against customer by a third party.

we reserve the right to change this policy at any time by posting changes on-line. your continued use of the bayofislands.net resources after changes are posted constitutes your acceptance of this policy as modified by the posted changes.

headings in this agreement are for convenience only and shall not be used to interpret or construe these provisions.

this agreement supersedes all agreements previously made between the parties pertaining to the subject matter of this agreement. there are no other understandings or agreements.

failure to properly notify bayofislands.net via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute customer's acceptance of same.

customer's failure to properly notify bayofislands.net of its objections to any of the terms and conditions set forth herein shall constitute customer's acceptance of same. this agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

in the event this agreement is automatically renewed, customer agrees to be bound by the terms and conditions currently in effect. bayofislands.net current terms and conditions may be viewed at http://www.bayofislands.net/tos/

bayofislands.net strictly prohibits the use of their website to send or relay mass e-mail or spam. if any customer of bayofislands.net participates in the sending of unsolicited mail, bulk mailings, unsolicited spot mailings or any other form of mailing commonly known as spam, the account will be cancelled immediately and all access to bayofislands.net services will be terminated. termination of the account on our website applies regardless of the source/server the mail is distributed from. bayofislands.net does not support the practice of spam and will terminate our association with any company or individual represented on our website if that company has been identified as the source of unsolicited e-mail/spam regardless of the originating server. all information stored on bayofislands.net websites will be removed immediately, and your isp's abuse desk and the relevant authorities will be contacted.