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Hawk Host general policy is to
act as a neutral provider of access to the global
Internet. Hawk Host reserves the right to suspend
or cancel a customers access to any or all services
provided by Hawk Host when Hawk Host decides
that the account has been used inappropriately.
Hawk Host. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Service constitutes acceptance and agreement to
Hawk Host's AUP as well as
Hawk Host's TOS
(Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Hawk Host and AUP
(acceptable use policy). The AUP may be changed from
time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the
Company shall not be grounds for early contract
termination or non-payment.
1. Disclosure:
The AUP specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees
that the Company may disclose any and all subscriber
information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent
who makes a written request without further consent or
notification to the Subscriber. In addition shall have
the right to terminate all service set forth in this
Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and
charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its
cost of service goals including but not limited to rates
charged to company by its suppliers.
3. Payment:
Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month
for that month's service. Subscriber agrees that The
Company automatically charges subscriber`s credit card
every month. reserves the right to process client credit
cards from 1 to 5 days before the actual due date to
ensure that the funds are received by the due date.
4. Payments and Fees:
Service will be
interrupted on accounts that reach 7 days past due.
Accounts not paid by due date are subject to suspension
from Hawk Host's services. If you desire to cancel
your account, please follow the proper procedure to do
this as outlined in this TOS.
5. Refund and Disputes:
Payments to Hawk Host are non-refundable except for the first payment which
falls under our 30 day money back guarantee. The 30 day money back guarantee is not valid upon any terms of service or
acceptable use policy violations.
All overcharges or billing disputes
must be reported within 30 days of the time the dispute
occurred.
6. Failure to Pay:
The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay
charges when due.
7. Account Cancellation: All requests for canceling
accounts must be made via Hawk Host's billing
system.
8. Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for
many reasons. Therefore, subscriber agrees that the
company shall not be liable for any damages. In no event
shall the company be liable for any special or
consequential damages, loss or injury.
11. Support Boundaries: Hawk Host, provides support to our subscribers.
Hawk Host only ensures that
the service is online and is remotely accessible.. does
not offer tech support for application specific issues
such as cgi programming, html or any other such issue.
Does not provide technical support for YOUR customers.
We encourage you to use our Ticket System on our web
site.
12. SPAM and Unsolicited Commercial Email (UCE): takes a
zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers of may not use or
permit others to use our network to transact in UCE.
Customers of may not host, or permit hosting of, sites
or information that is advertised by UCE from other
networks. Violations of this policy carry severe
penalties, including termination of service.
a. Violation of 's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of
our SPAM policy, will initiate an immediate
investigation (within 48 hours of notification). During
the investigation, may restrict customer access to the
network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, may, at its
sole discretion, restrict, suspend or terminate
customer's account. Further, reserves the right to
pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. will
notify law enforcement officials if the violation is
believed to be a criminal offense.
c. As our Customers are ultimately responsible for the
actions of their clients over the network, it is
advisable that Customers develop a similar, or stricter,
policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that
support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have
their server immediately removed from our network. The
service will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to
allow us access to the account to confirm that all
material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the
server from our network without notice to the customer.
Any server guilty of a second violation WILL be
immediately and permanently removed from our network
without notice.
13. Network
a. IP Address Ownership: If Hawk Host assigns
Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address
shall belong only to Hawk Host, and Customer shall
have no right to use that Internet Protocol address
except as permitted by in its sole discretion in
connection with the Services, during the term of this
Agreement Hawk Host shall maintain and control
ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by , and reserves the
right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use
of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What
this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that
could be used with name-based hosting.
b. Bandwidth Usage. Hawk Host will monitor
Customer's bandwidth. Hawk Host shall have the
right to take corrective action if Customer's usage
negatively impacts other clients.
c. System and Network Security: Users are prohibited
from violating or attempting to violate the security of
the Network. Violations of system or network security
may result in civil or criminal liability. will
investigate occurrences, which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are
involved in such violations. These violations include,
without limitation:
i. Accessing data not intended for such User or logging
into a server or account, which such User is not
authorized to access.
ii. Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization.
iii. Attempting to interfere with service to any user,
host or network, including, without limitation, via
means of overloading, "flooding", "mail bombing" or
"crashing".
iv. Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to
which such User is not entitled.
14. Notification of Violation:
a. Hawk Host is under no duty to look at each
customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
b. First violation: Any User, which determines to have
violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation.
The service may be subject at Hawk Host's
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
c. Second Violation: Users that determines to have
committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further
notice.
d. We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it
is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or
if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
Hawk Host reserves the right to suspend network
access to any customer if in the judgment of the network
administrators the customer's server is the source or
target of the violation of any of the other terms of the
AUP or for any other reason which Hawk Host
chooses. 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 activity.
The customer will not be credited for the time the
customer's machines were suspended.
16. Hawk Host reserves the right to amend its
policies at any time. All Sub-Networks, resellers and
unmanaged servers of Hawk Host must adhere to the
above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be
held responsible for the actions of your clients in the
matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
17. Indemnification: Hawk Host wishes to emphasize
that in agreeing to the Hawk Host Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer
indemnifies Hawk Host for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to Hawk Host or the bringing
of any claim against Hawk Host by any third-party.
This means that if Hawk Host is sued because of a
customer's or a customer of a customer's activity, the
customer will pay any damages awarded against
Hawk Host, plus all costs and attorney's fees.
17. Customer acknowledges that the service provided is
of such a nature that service can be interrupted for
many different reasons and interruptions can be
prolonged due to external or internal events. Therefore,
subscriber agrees that the Hawk Host shall not be
liable for any damages arising from such loss of service
for any reason. In no event shall the company be liable
for any special or consequential damages, loss or
injury.
18. Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that
order of preference.
a. A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other
provision thereof.
b. Subscriber shall not transfer or assign this
Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at
anytime without further obligation.
c. Hawk Host takes no responsibility for any
material input by others and not posted to the
Hawk Host Network by Hawk
Host.
Hawk Host is not responsible for the content of
any other websites linked to the Hawk Host
Network; links are provided as Internet navigation tools
only. Hawk Host disclaims any responsibility for
any such inappropriate use and any liability to any
person or party for any other person or party's
violation of this policy.
d. Hawk Host is not responsible for any damages
your business may suffer. Hawk Host does not make
implied or written warranties for any of our services.
Hawk Host denies any warranty or merchantability
for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
Hawk Host.
19. Responsibility for Content: You, as
Hawk Host's customer, are solely responsible for
the content stored on and served by your Hawk Host
server.
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