Terms and Agreement of usage of this web site and company
Note: All your users and client accounts are bound by this terms of service.
Terms and Agreement
Data Net Hawaii. ("Data Net Hawaii") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Data Net Hawaii exercises no control whatsoever over the content of the information passing through Data Net Hawaii'S system. Use of any information obtained via Data Net Hawaii is at User's risk. Neither Data Net Hawaii nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Data Net Hawaii make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Data Net Hawaii, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Data Net Hawaii NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Data Net Hawaii, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Data Net Hawaii IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Data Net Hawaii'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Data Net Hawaii in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Data Net Hawaii, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Data Net Hawaii, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Data Net Hawaii in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Data Net Hawaii shall confer as to and agree on the legal counsel(s) to be selected in any such defense. Age Limit
User represents to Data Net Hawaii that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Data Net Hawaii has no control over and accepts no responsibility whatsoever for such materials. Prohibited Uses User may not:
restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; post on webspace provided any sexually explicit materials or materials that may be offensive. post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. Data Net Hawaii has no obligation to monitor the Service. However, User agrees that Data Net Hawaii has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Data Net Hawaii will not intentionally monitor or disclose any private E-mail message unless required by law. Data Net Hawaii reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Data Net Hawaii reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Data Net Hawaii following payment of a reconnection charge, to be determined by Data Net Hawaii in its sole and absolute discretion. Messaging
User agrees to limit their use of the Data Net Hawaii service, specifically regarding the use of Data Net Hawaii's electronic (email) services, to the following restrictions: Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Data Net Hawaii service. Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials. VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Data Net Hawaii RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Data Net Hawaii SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Data Net Hawaii SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Data Net Hawaii RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Data Net Hawaii SERVICES FOR VIOLATION OF ANY OF THESE TERMS. Limitation of Web Hosting Services
Although Data Net Hawaii advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unncessary use of Data Net Hawaii services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Data Net Hawaii. Restricted Content
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Bandwidth Restrictions (Also see sever bandwidth below)
Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system. Limitation of Dial-Up Services
Although Data Net Hawaii advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Data Net Hawaii services by any such User, which restricts overall Data Net Hawaii system availability for other such Users. These limitations apply only to Dial-Up access services offered by Data Net Hawaii. Idle Timeout
User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Data Net Hawaii service. Maximum Single Session
User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session. Minimum Re-Connect Limit
User understands they cannot log back onto the Data Net Hawaii system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination. Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased. Starnet Access Restrictions
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Data Net Hawaii. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection. UU.net Access Restrictions
User agrees that for all UU.net locations, that they will be limited to 150 hours of access per month. If a customer exceeds the 150 hour limit, there account will be temporarily disabled until the first of the next month. Terms of Payment
A credit card User agrees to allow "Data Net Hawaii" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Data Net Hawaii of any changes in credit card number or expiration date. If the card is not honored for any reason, Data Net Hawaii will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. Data Net Hawaii will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00. If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Data Net Hawaii in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added to charges for additional Service. Data Net Hawaii maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Data Net Hawaii utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Data Net Hawaii'S attorneys' fees and costs in the collection of these sums. Data Net Hawaii reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription. Right to Cancel
Data Net Hawaii reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Data Net Hawaii will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month. User must notify Data Net Hawaii via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by Data Net Hawaii are non-refundable. No Confidentiality
Information transmitted through Data Net Hawaii and through the Internet in general is not confidential. Data Net Hawaii can not and shall not guarantee privacy or protection of any User. Data Net Hawaii reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Data Net Hawaii. Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, "Your Company Name" may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies "Your Company Name" to the contrary as provided above, "Your Company Name" may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available. Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law. Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service. No System Backup
Data Net Hawaii does not and will not perform system backups on any User's E-mail account(s). Data Net Hawaii shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Data Net Hawaii will not provide historical data, to any party for any reason, regarding any system or Internet activity. Data Net Hawaii does not and will not perform system backups on any web sites. Data Net Hawaii shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Data Net Hawaii will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions
Data Net Hawaii may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Data Net Hawaii in its sole discretion believes violates any of the terms and conditions in this Agreement. If Data Net Hawaii denies User access to the Service because of such a violation, User shall not have the right (1) to access through Data Net Hawaii any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Data Net Hawaii, and Data Net Hawaii shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Miscellaneous
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Data Net Hawaii's system for periods exceeding (5) five hours, in any single continuous session. User authorizes Data Net Hawaii to enforce these restrictions by appropriate software and network measures, automated and manual. User agrees to notify Data Net Hawaii if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Data Net Hawaii. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Data Net Hawaii'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Data Net Hawaii may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Data Net Hawaii shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Data Net Hawaii. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Data Net Hawaii as the defendant, shall be proper only in a venue determined by Data Net Hawaii. In any action between Data Net Hawaii and User to enforce any of the terms of this Agreement, Data Net Hawaii shall be entitled to recover expenses, including reasonable attorney's fees. Posting Services
Data Net Hawaii will not be held responsible for anyone using any posting or messaing services on Data Net Hawaii.
You will be using all services at your own risk. Any problems that may occur such as fraudent, hacking,
threatening, etc. by others will be the users problem to resolve the matter. Data Net Hawaii will not disclose
any information of the wrongful party unless it is a major crime commited, and will be given to the proper authorities. Resellers and Dedicated Accounts
All reseller accounts will be bound by this contract. Resellers who violate TOS directly will have their account terminated. Resellers accounts terminated will loose all data and no second chances or time to back up. Account will be canceled and deleted. Resellers and their clients will be bound by this TOS an resellers are to display TOS on their site as well as all clients under them.
Reseller Refunds
There will absolutely be no refunds on payment already made for services, either it's monthly or yearly payment plan, no refunds. Cancellation of account must be done a month prior of up coming payment. Canceling any later, reseller will pay late cancellation charges. Background
From time to time datahi Managed Hosting may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.Data Net Hawaii/html/modules.php?name=Terms_Agree The AUPs are not exhaustive and datahi reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.Data Net Hawaii/html/modules.php?name=Terms_Agreel or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as datahi deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM datahi. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS datahi's POLICY TO TERMINATE REPEAT INFRINGERS. datahi RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $350 USD per hour. System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. datahi may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by datahi. Such labor is categorized as emergency security breach recovery and is currently charged at $350 USD per hour required. datahi is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, datahi urges its customers to assume that all of their online communications are insecure. datahi cannot take responsibility for the security of information transmitted over datahi's facilities. Password Protection
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use datahi's service to guess passwords or to access other systems or networks without authorization. datahi will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Copyright Infringement - Software Piracy Policy
The datahi network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: datahi, abuse@datahi.com datahi will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Network Responsibility
Customers have a responsibility to use the datahi network responsibly. This includes respecting the other customers of datahi. datahi reserves the right to suspend and or cancel service with any Customer who uses the datahi network in such a way that adversely affects other datahi customers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to datahi or its customers (i.e. computer hacking), and/or Participating in behavior which result in reprisals that adversely effect the datahi network or other customers' access to the datahi network.
datahi will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a datahi customer, whether or not the attacked account or computer belongs to datahi, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of datahi is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. datahi will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any datahi service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of datahi services or products is prohibited. Using the datahi network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. Servers hosted within datahi network are open to the public. You are solely responsible for your usage of the datahi network and servers and any statement you make on servers hosted within the datahi network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous. Child Pornography on the Internet
datahi will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the datahi network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)
Unsolicited commercial email (UCE) is defined by datahi as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication. Unsolicited bulk e-mail (UBE) is defined by datahi as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) to multiple recipients who have not agreed to receive such communication. Use of the datahi network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. datahi also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, datahi customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the datahi network or in one of our data centers. Violations of this type may result in the termination of the offending datahi account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a datahi customer shall be deemed a violation of the AUP by such datahi customer. Customers whose actions directly or indirectly result in datahi IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if datahi in its sole discretion determines that a customer is in violation of our AUP, datahi may, at its sole discretion, restrict, suspend or terminate a customer's account. datahi will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the datahi AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network. Customers that datahi determines in its sole discretion to be in violation of the datahi AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees. Server cleanup fee for spam starts at $250. Violation of datahi's UCE/UBE policy may be reported to abuse@datahi.com. Customers seeking to send any permission-based email marketing should read Guidelines for Permission-Based Email to see our guidelines for sending this type of communication.
Guidelines for Permission-Based Email
While datahi prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by datahi customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by datahi from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP: 1. All commercial or bulk email originating from a datahi customer on the datahi network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process. 2. All commercial or bulk email originating from a datahi customer on the datahi network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email. 3. All datahi customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address. 4. All datahi customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net. 5. All datahi customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign. 6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
"You opted-in to receive this email promotion from our web site or from one of our partner sites." 7. All datahi customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
"If you would like to learn more about how we received your email address, please contact us at abuse@datahi.com." Requests for "opt-in" information must be responded to within 72 hours. 8. All datahi customers sending commercial or bulk email must be able to track and identify SpamCop complainants. There are several software packages (such as RoboMail) that can help accomplish this. 9. If a datahi customer is using an affiliate program to send commercial or bulk email through the datahi network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation. 10. All customers of datahi are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the datahi network. Disclaimer
· datahi reserves the right to test portions of any customer's email list and request opt-in information from a random sample of that list at any time.
· datahi reserves the right to determine in its sole discretion the validity of any customer's email list. Any list datahi determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
· datahi reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at datahi.
· If datahi determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then datahi may immediately suspend or terminate the customer's service. IP Address Overlap
datahi administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by datahi staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. It is the clients responsibility to monitor CPU, Disk, and bandwidth usage. Any customer who goes over their alloted amount will be billed immediately for the amount of service used. Monthly billing occurs on the 1st and 15th of the month. Account additions and/or overage will be billed immediately. Suspension
If datahi in its sole discretion determines that a customer's server has become the source or target of any violation concerning the datahi Acceptable Use Policy (AUP), datahi reserves the right to suspend network access to that server. While datahi will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, datahi will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period. Cancellation
datahi reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the illegal activity. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Any cancellations due to a TOS contract violation will result in an immediate loss of any refund for services paid for. You may also be immediately billed for unauthorized bandwidth fees. Please see that section of this document for more information. Indemnification
datahi wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies datahi for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to datahi or the bringing of any claim against datahi by any third-party. This means that if datahi is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against datahi, plus costs and reasonable attorney's fees. Disclaimer of Responsibility
datahi is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. datahi disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of datahi must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU. Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. datahi shall be the sole arbiter of what is considered to be a high server usage level.
All shared web hosting accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of $9.95/month. In the case of reseller's, this 5,000 limit is per unique top level domain. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Background Running Programs and Cron Jobs
datahi may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact datahi at support@datahi.com so that we can arrange set-up. Software Distribution
datahi' shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact hosting@datahi.com to make special arrangements. Databases
Any MySQL database stored on datahi' servers shall be limited in size to 10MB. Any single larger database will be subject to extra fees. Any flat database files (i.e. text databases) will be limited to size in 1 MB. This is due to the amount of server resources that databases consume. Site Creation
At all times Data Net Hawaii will not be responsible for any errors or incompatibility of a web site creation. Once your site is created and Data Net Hawaii informs you that your site completed, any changes there after will be charged accordingly to Data Net Hawaii rates. If terminating your site with Data Net Hawaii, Your site will be non-transferable to any other web site(s) or hosting service, and to be removed from other hosting services. We at Data Net Hawaii will create Basic web pages (10 pages and under). Any graphical pages, you will have to go to a professional web service. Scripts will be added if it is not time consuming. We will try our best to service your needs. Sub Sites
All sub site(s) within Data Net Hawaii will be using this terms and agreement, unless stated on the sub sites page. Add on's or other terms and agreement may be posted on sub site(s) services/programs. So, in simple terms You will still be bound to this terms and agreement anywhere on Data Net Hawaii and sub site(s). Server Bandwidth
About the "Unlimited Data Transfer" feature We reserve the right to charge in addition to when a burstable rate and/or session limits on web sites with extreme usage, at our sole discretion. Extreme usage is defined as usage that incurs bandwidth usage costs over the course of a month greater than the monthly service fee charged to the customer for the service being rate limited or usage that overloads the server. For this reason, more expensive accounts receive higher priority if there is congestion on the network. In practice, less than 1% of web sites we host require a rate or session limit of any kind. Unauthorized Bandwidth
If any terms of service violation is found, bandwidth used while breaking the TOS agreement shall be billed at $20 per GB. 1 GB minimum. This includes but is not limited to illegal transfers of MP3's, illegal data, adult material without prior permission, and software that you may or may not have the rights to. This charge will be for ALL bandwidth the site incurred, not just the transfer of files. Unlimited Feature
Although we offer some of our packages with unlimited space , bandwidth, E-Mail accounts, Unlimited POP3
Mailboxes, Unlimited Autoresponders, Unlimited E-mail Forwarding, Unlimited FTP Access, etc. This means
you have no restriction unless you abuse the unlimited services. Email Usage
If you are using your email for spamming, your email account will be deleted. If you are also subscribing to a lot of email spamming/advertising/subscription services/opti's/groups/ etc. If this does get to excessive, you will be charged bandwidth usage per month. Cost may range from $10.00 and up. Warning: do not abuse your
account.
Site Down Time, At anytime if your web site(s) hosting service does go down, Data Net Hawaii will not be held responsible for any down time or data loss.
Web Designs, if purchasing web designing on Data Net Hawaii, we will own all graphics and design formats
and it will be the property of Data Net Hawaii. If later you wish to terminate your account with Data Net Hawaii, all web site contents are not be copied or transferred/used elsewhere without consent from Data Net Hawaii. Refunds, All sales are final and no refunds are given in any circumstances. Refund may be given if Data Net Hawaii staff wishes to give a refund. Overdue Accounts
Any account that is late on payment, will be billed no less than $10.00 per day until account is paid or an request for immediate closure of account. Overdue accounts are normally shutdown the day account becomes pass due. Overdue payments pertains to accounts that clients request it to be open and payment is being sent or a noticeable activity in account usage (account is currently being used) e-mail, www, ftp, etc. Support, Tech support will try to be given as best as possible. As in some cases, we will not be able to give tech support in some complicated, software, connection, etc. An agreement of limited tech support is given.
Illegality
In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Gambling, Sportsbook sites, Usenet, Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio, video and MPEG's are not tolerated.Any site caught on our servers that has such materials, will have thier account deleted immediately without warning. Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. Telnet/Shell Access
We do not in any way provide any type of shell access. All items that shell access is needed for can be handled by modern ftp software and the control panel. Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums are often found to use excessive system resources and are not allowed, to avoid problems please use a PHP/ASP message forum. Script Usage
We do not give support on any scripting programs and files. .CGI, .PL, .PHP, Data Bases, etc. Files are your
own problems to solve. No scripts are allowed that take up heavy resources (irc, chats, cgi message
boards) Affiliates/Resellers
Affiliates and their clients will be bound to this terms and agreement (TOS). Data Net Hawaii will not be held
responsible for any server or data loss. It will be the affiliates responsibility to handle any disputes with
their clients. Data Net Hawaii will have no involvement in affiliates clients. Affiliates are responsible to monitor their clients and to make sure they follow Data Net Hawaii's TOS.
All Conditions, At anytime, Data Net Hawaii will not be held responsible for any situation or problem that may happen and that you will take full responsibility. Data Net Hawaii may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit Data Net Hawaii to review the current Terms and Conditions to which you are bound. This Agreement constitutes the entire agreement between User and Data Net Hawaii with respect to the Service. If you do not Agree with any of the above, DO NOT SIGN UP! or use any services
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