By using this web site, the user agrees to be bound by the following terms and conditions.
  1. The phrase "the company" refers to Minoru Moore, the owner of this website, Data Puddle. The phrase "the user" refers to the person or entity signatory to this contract.
  2. All services provided to the user by Data Puddle may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any New Zealand regulation or law is prohibited. This includes, but is not limited to material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. The user agrees to indemnify and hold harmless the company from any and all claims resulting from the user's use of the service which damages either the user or another party or parties, without limitation.
  3. The user is responsible for adherence to any rules and regulations pertaining to the communications means by which the user connects their terminal or computer(s) to Data Puddle any other service provided by the company Data Puddle.
  4. The company may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following the company's posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF THE USER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY THE COMPANY OF YOUR TERMINATION OF THIS AGREEMENT THROUGH USE OF THE CONTACT US PAGE.
  5. The user agrees that the company has the right to delete all data, files or other information that is stored in the user's account if the user's account with the company is terminated, for any reason, by either the company or the user. The company reserves the right to to notify any user that they are using a disproportionate share of disk space and that immediate deletion of files is necessary. Such notifications will be sent to the users mail account within the web site. The company reserves the right to delete files from any user's account if that user, once notified, has failed to clean their directory apon notification. The company reserves the right to remove any account which has not been used in 3 months. The user agrees not to post any spam mail to the web site.
  6. The user agrees to not post any advertising material on the website unless it is within the Advertising catalogue or unless they are uploading a legitimate advertisment to be served by the web site's ad serving engine.
  7. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting the company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

    Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

    The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

  8. The user is aware that the company's system contains information and that portions of the system may contain messages or images which they may find offensive. The user understands that nearly all of the information found on the website originates on systems other than those under the company's control.

  9. The user understands that in some cases, the data that they upload can be flagged so that only the user, or only the user's trusted contacts can view it. The user understands that this functionality has been tested, but the company accepts no liability if their information or images become publicly available.
  10. The user agrees by giving the command(s) to view or transfer any file or information to the web site, that the user consents to the display or transfer of the information presented and waives all rights and claims towards the website and its owners.
  11. System accounts cannot be transferred or used by anyone other than the user. No more than one login session can be used at any time by the user on any system account.
  12. The user certifies that he or she is at least 18 years of age. Be aware that access to computers worldwide brings with it access to material which may be considered inappropriate for some users. It is up to the user to determine what is appropriate.
  13. The user understands that only one registration is permitted per person and that if a user is found to have more than one registration the company can, at its discretion delete one, both, or all accounts held by the user.
  14. This site is owned and operated by the company and contains material which is derived in whole or in part from material supplied by the company and it's users. The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software unless you originally uploaded the content in question. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
  15. The user understands that if it is found by the company that the user is abusing the site for any reason the company can, at its discretion delete the user's account.
  16. The user understands that if they are found to have exploited any bug or loop hole in the site the company can, at its discretion delete the user's account.
  17. LIMITED WARRANTY. THE COMPANY WARRANTS THAT, IF A USER IS DISSATISFIED WITH THE SERVICE, THE COMPANY WILL, UPON WRITTEN NOTIFICATION FROM THE USER TO THE COMPANY, REFUND THE SERVICE FEES FOR ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE WEB SITE OR OTHER SERVICES PROVIDED BY THE COMPANY, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  18. LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE USER TO THE COMPANY FOR THE CURRENT MONTH. IF THE USER HAS PAID NO FEES THEN ANY LIABILITY OF THE COMPANY SHALL BE STRICTLY LIMITED TO NO MORE THAN AN APOLOGETIC EMAIL.
  19. These Terms and Conditions supersede all previous representations, agreements or understandings and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
  20. This agreement is effective until terminated by the company, at any time without notice.  In the event of termination the disclaimers and limitations of liabilities set forth in this agreement, shall survive. 
  21. Use of Data Puddle constitutes acceptance of these Terms and Conditions.
  22. This agreement shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  23. If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The company and the user agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.