| 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.
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
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.
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.
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
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
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
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
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
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.
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.
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
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.
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
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.
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
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.
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.
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.
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.
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
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
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.
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
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,
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.
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, email@example.com
datahi will cooperate fully with any civil and/or
criminal litigation arising from the violation of this policy.
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),
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
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.
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,
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
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,
) to multiple recipients who have not agreed to receive
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
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
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
3. All datahi customers sending commercial or bulk
email must have a working firstname.lastname@example.org 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@
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
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 email@example.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
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.
· 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.
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.
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.
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.
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.
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
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 firstname.lastname@example.org so that we can arrange set-up.
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 email@example.com to make special arrangements.
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
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.
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).
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.
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.
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.
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
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
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.
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.
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 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.
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.
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
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
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.
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
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.
At anytime, Data Net Hawaii will not be held responsible for any
situation or problem that may happen and that you will take full
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