Introduction
Please read the following User Agreement very carefully. Once you have completely
read the agreement 
to return to the Web Hosting Page. Submission of Payment to Hawaii Web is your
indication of complete agreement to the terms herein.
Terms and Conditions
THIS WEB SPACE RENTAL AGREEMENT (Agreement) is
hereby entered into between Hawaii Web and Customer on the following terms and
conditions: The
Hawaii Web Web Space Rental Agreement (the Service) consists of services provided
to allow the Customer to offer content on the Internet. These services include
space on Hawaii Web's Internet server to store HTML and related multimedia documents
and files, the ability to maintain these pages, account, and email accounts. The
terms and conditions of this agreement and any rules and prices published on Hawaii
Web's web hosting pages constitute the entire and only agreement (collectively,
the Service Agreement) between Hawaii Web and the Customer (hereby defined as
one who has an account with Hawaii Web for the Service, including Customer’s
designated users with respect to the Service) and supersede all other communications
and agreements with regard to the subject matter hereof. Hawaii
Web may modify this Service Agreement or prices, and may discontinue or revise
any or all aspects of the Service in its sole discretion without notice. Customer
agrees to indemnify Hawaii Web against any liability for any and all use of Customer’s
account. Furthermore, Customer agrees to indemnify and hold Hawaii Web harmless
from any claims and expenses, including reasonable attorney’s fees, related
to Customer’s violation of the Service Agreement or Customer’s direct
or indirect damage to another party. Customer
is responsible for and must provide all telephone and other equipment and services
necessary to maintain customer’s account remotely. CUSTOMER
EXPRESSLY AGREES THAT USE OF Hawaii Web's SERVICE IS AT CUSTOMER’S SOLE RISK.
NEITHER Hawaii Web NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES,
OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
Hawaii Web OR ANY OF IT'S INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE
SERVICE IS DISTRIBUTED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER Hawaii
Web NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT
OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION
OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT
AVAILABLE THROUGH THE SERVICE. This
Service Agreement is made in Hawaii, and shall be governed by and construed in
accordance with the laws of the United States of America and of the Hawaii. Any
cause of action of customer or its designated users with respect to the Service
Agreement must be instituted within one year after the claim or cause of action
has arisen or be barred. Copyrighted
material must not be placed on Customer’s account without the permission
of the owner(s) or person(s) they specifically authorize. Only the owner(s) or
such authorized person(s) may upload copyrighted material to the account. Customer
agrees not to publish on or over its account any information, software or other
content which violates or infringes upon the rights of any others or which knowingly
contravenes the laws of any jurisdiction in which such content is generally accessible. Use
of illegal or copyright material on any web page or other distribution mechanism
used in conjunction with the Customer’s account, will result in termination
of this Service Agreement. Illegal material is defined as any material not permitted
under United States local, state or federal laws. If illegal material was submitted
by a client of the Customer without Customer’s knowledge, this Service Agreement
will remain in effect if the Customer removes the illegal material. Any
use of Hawaii Web’s network and/or systems that disrupts the normal use of
the network and systems for other Hawaii Web customers is considered to be abuse
of Hawaii Web services and is grounds for termination of this Service Agreement.
Some examples of abuse include attempting to access other Customers’ account,
or conducting provocative activities such as mass emailings (Spam) which may result
in retaliatory actions against Hawaii Web. Depending
upon the nature and severity of any abuses, the Customer may receive an email
warning detailing the nature of the abuse. If the abuse of services is not terminated
within 2 days, a certified letter will be sent to the customer formally requesting
termination of the stated abuse. Customer then must terminate stated abuse within
2 days, otherwise the Service Agreement will be terminated. Any reconnection of
a terminated account will require a reconnection fee. If,
in Hawaii Web’s sole discretion, the nature and severity of any abuses is
severe enough, Hawaii Web may terminate the Service Agreement immediately without
written notification. Setup
for service begins after payment has been received. Customer shall provide payment,
and any charge for additional services under the terms of this Service Agreement,
within 10 days of initiation of service or 1 day prior to yearly continuation
of that service. Customer may not withhold or setoff any amounts due hereunder.
Hawaii Web retains the right to withhold service without prejudice until all amounts
determined delinquent are paid in full. Any late payment shall be subject to any
costs of collection (including but not limited to legal fees). New
accounts that are delinquent by 10 days will be suspended. Existing accounts that
are delinquent by 10 days will be suspended. When an account is suspended Customer
loses all access to the server, and the account is removed from the network, all
files are purged from all Hawaii Web servers, and Customer loses all rights to
their account. Although charges stop accruing on Customer account on the date
of suspension, Customer is still fully responsible for all charges owing. Any
Customer whose services are suspended will be required to pay a reconnection fee
of $50.00 to reinstate the account. There
will be a $25.00 service charge for each returned check. Legal
notices sent to either party shall be effective when delivered by mail, transmitted
by telecopier (fax) machine, 1 day after being sent by overnight mail or fax,
or 2 days after being sent by first class mail postage prepaid to the address
shown: Hawaii
Web
3057 Poipu Road #18
Koloa, HI
808-742-7893
Customer retains
the right to cancel use of Hawaii Web’s Service within 10 days before the
start of their next billing cycle. Hawaii Web does not provide any type of refunds
for unused time. Requests for cancellation must be received at Hawaii Web’s
main office via email, fax, or postal mail. All Hawaii Web accounts must be paid
in full before the cancellation transaction will be considered complete. Hawaii
Web acknowledges and agrees that in the course of dealings with Customer, it may
acquire information about Customer, its business activities and operations, its
technical information and trade secrets, of a highly confidential and proprietary
nature. Hawaii Web agrees that title to all such information and related materials
shall remain with the Customer. All applicable copyrights, trade secrets, patents
and other intellectual and property rights in such information and related material
are and remain in the property of the Customer. All other aspects of the information
and related material, including without limitation, technologies, procedures,
programs, methods of processing, all source code, conversions, enhancements, databases,
templates, specific design and structure of individual programs and their interaction
and unique programming techniques employed therein as well as screen formats shall
remain the sole and exclusive property of the Customer and shall not in any way
be sold, revealed, disclosed or otherwise communicated, directly of indirectly,
by Hawaii Web to any person, company or institution whatsoever other than for
the purposes set forth herein. It is expressly understood that no title to or
ownership of such information or any part hereof is hereby transferred to Hawaii
Web. Any customer
lists and/or other information concerning the Customer’s clients are the
sole and exclusive property of the Customer. Hawaii Web shall not for any reason
whatsoever, directly or indirectly, solicit the trade business of any of the clients
or prospective clients of the Customer with respect to any of the services, products,
trade secrets or other matters of the Customer. In addition to maintaining confidentiality
of all matters as imposed herein above, Hawaii Web agrees to keep in the strictest
of confidence any information acquired by Hawaii Web during the course of its
dealings with the Customer about any of the Customer’s clients, including
but not limited to contents of related databases, credit and credit card information. Nothing
contained herein shall be construed to place the parties (Customer and Hawaii
Web) in a relationship of partners, agents or joint ventures. Neither party shall
represent itself as the agent or legal representative of the other party for any
purpose whatsoever and shall have no power to obligate or bind the other party
in any manner whatsoever. If
any clause herein shall be found to contravene any law or ordinance in whole or
in part, it shall be severed from the Agreement. The balance of the Agreement
shall continue in full force and effect. Each
party (Customer and Hawaii Web) to this agreement represents that it has all necessary
rights and authority to enter into the terms of the Agreement and is in compliance
with all federal, state and local laws governing this transaction.
Hawaii Web Policy
Unacceptable Use/Abuse Any client who uses Hawaii Web's
web servers for development or debugging an application, or who knowingly runs
an application that crashes the server or engages in the use of Spam or is running
an x-rated adult web site is violating the Web Rental Agreement and risks
account termination. Spam is considered to be any unsolicited email or newsgroup
post advertising any site or material linked to or on a Hawaii Web Server. Spam
is not limited to email and or newsgroups, it is any type of media that is unsolicited
by the individual receiving it. We will not allow any services or programs that
in any way potentially affect the security, speed or stability of the servers.
This includes but is not limited to third party COM objects, CFX tags, CF tags
or DLLs that we feel present a risk; the use of ODBC RDS; anonymous FTP upload;
access attempts targeted at other customer directories or databases; the use of
CGI programs making remote calls via TCP/IP ports; and any other product or activity
which in any way, shape or form diminishes the functioning of Hawaii Web's servers.
If there is any doubt as to what is acceptable to run on the server, please contact
Support. Third-Party
Software
Hawaii Web reserves the right to inspect, approve and/or refuse the
use of third-party software on a shared server environment. Clients running dedicated
or co-located servers may run any third-party software. If you think that you
would like to add a program to your site please talk to Support first.
Domain Record Creation/Modifications/Transfers
Submission of domain name registrations,
modifications or transfers is the responsibility of Customer and their Webmaster.
Hawaii Web is not responsible for any problems that may occur during the registration
process. This includes, but is not limited to, misspelled domains or contact info
and inability to register a selected domain. Also, please note that modifications
may require the extra follow up of the customer involved. Because Hawaii Web does
not own the domain, the administrative and/or technical contacts may have to contact
the domain registrar directly to move or otherwise change the domain. Once
you have completely read the agreement
to return to the Web Hosting Page. Submission of Payment to Hawaii Web is your
indication of complete agreement to the terms herein. | 