Unnecessary Abuse Of Resources

Any attempt to undermine or cause harm to any server, network hardware, connection, or any other physical or virtual property, whether owned. leased or in care of Hawaiian-Internet or a customer of Hawaiian-Internet is strictly prohibited. This includes but is not limited to "hacking", fraudulent account activity and deceptive practices for obtaining otherwise personal and/or confidential information.

Hawaiian-Internet will pursue serious legal action for any kind of unauthorized use of accounts and/or information. Such attempts include: "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning. port scanning, DOS attacks, slamming, etc.

Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action as warranted by the fullest extent of the law where applicable, depending on the seriousness of the attack.

(NOTE: Crimes involving certain types of communication are a Federal Offense and will be treated as such)

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Unacceptable Content

Hosting accounts that include the following content, or which have links to the following content, may be subject to termination:

Warez And "Hacking"

Promoting or providing instructional information about illegal activities, including but not limited to hacking and warez related websites.

Acts of copyright infringement including offering pirated computer programs, or links to such programs. Information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

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Bodily Harm

Any promotion of physical harm or injury against any group or individual is considered a form of terrorism and will not be tolerated.

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Adult Content

Displaying any material deemed to be obscene or pornographic in nature is unacceptable for our hosting servers.
(NOTE: Child Pornography is Immoral and Illegal and will not be tolerated under any circumstances by Hawaiian-Internet, any accounts affiliated with Hawaiian-Internet, our customers, our networks or our services. Any customer found in violation will be terminated immediately as well as having their account being turned over to the proper authorities.)


IRC AND BOTS

We DO NOT allow Internet-Relay-Chat ("IRC") or IRC bots to be operated on our servers. It has been the experience of our company that these types of software utilize too many server resources and also present serious security risks to the entire network on which they are run. Therefore, Hawaiian-Internet, as well as most other hosting providers, will not allow the use of this software on any leg of our network.

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Unsolicited E-Mail (Spam)

Unsolicited commercial advertisements (spam) are not allowed on the Hawaiian-Internet Network under any circumstances. Spamming on the Hawaiian-Internet Network will result in immediate account suspension as well as other penalties. For complete definitions, details and guidelines, as well as penalties and procedures, please read our Anti-Spam Policy.

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Payment Terms

All accounts are billed and charged according to the agreement between Hawaiian-Internet and the Customer. Customers will be billed automatically on a pre-arranged cycle. The Customer has the right to cancel their account at any time and for any reason. The client is responsible for all monies owed on the account from the time it was established up to the time that the client sends a cancellation request. To cancel your account you can click HERE.

In situations where a Credit Card number on file is declined, Hawaiian-Internet will immediately suspend the customer from purchasing any other services online until the outstanding charge is processed successfully. In addition, Hawaiian-Internet reserves the right to suspend any other services until the outstanding debt is cleared.

If an account is suspended more than one time in any one calendar year, there will be a ($25.00) twenty five dollar Account Restoration Fee assessed, and the client will need to provide a different, valid credit card before any services will be restored.

Hawaiian-Internet will also charge a ($25.00) twenty five dollar Penalty Fee, over and above any and all bank related fees for any check submitted to us by a customer which is unable to be processed or otherwise returned for any reason, including but not limited to insufficient funds.

All clients will be invoiced via E-Mail approximately (1) one week before their invoice due date. All Customers will be able to access their billing information through our online accounting system.(Coming Soon!)

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Disk And Bandwidth Overages

All Virtual and Dedicated accounts come with specified disk space and bandwidth. Every account comes with the ability for the client to view all stats and monitor their account size and bandwidth in real time. If you see your going to need more than your allotted bandwidth, you can contact support and upgrade. For more information, contact our sales department. Any overages occurring without contacting our sales department to purchase additional Disk Space or Bandwidth, will result in an automatic charge to the Customer's account in the following amounts:

Extra Disk Space: $0.25 per MB (In 50 MB Blocks)
Extra Bandwidth: $3.95 per GB (In 5 GB Blocks)

In the event that the Customer's account utilizes these overages for any two consecutive months, the account will automatically be Upgraded to the next larger account size.

Should the Customer receive these charges and refuse to pay, or refuse to Upgrade to the next available plan (after the second occurrence), the Customer's account will automatically be frozen for the remainder of any billing cycle in which their account exceeds their allotted limits. At that time, the Customer may agree to Upgrade their account for a one-time charge of ($20.00) twenty dollars, or wait until the next billing cycle and Upgrade without the Penalty Fee.

(NOTE: You will receive substantial savings if you purchase additional bandwidth or Web Space in advance)

ADVANCE PURCHASE PRICING:

Extra Disk Space: $5.00 per 100 MB
Extra Bandwidth: $2.25 per 1 GB

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Intellectual Property Rights

Material accessible to you through Hawaiian-Internet services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Hawaiian-Internet or its servers, hardware, equipment and/or network in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material which you access or receive through the Hawaiian-Internet Network. If you use a domain name in connection with Hawaiian-Internet or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Should you be found at fault of any of the above mentioned actions, you agree to hold harmless and indemnify without merit, Hawaiian-Internet, any other child or parent companies of Hawaiian-Internet, Hawaiian-Internet partners, affiliates, suppliers, customers and the like (unless directly involved) from any lawsuit, civil suit, fines and/or penalties which such entities are not responsible for, nor have any control over.

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Network Security

Customers may not use the Hawaiian-Internet Network with any attempt to circumvent user authentication or security of any host, network, or other customer or visitor account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Hawaiian-Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability to the fullest extent allowed by law.

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Lawful Purpose

Customers may only use Hawaiian-Internet equipment, servers, services and network for lawful purpose. Transmission of any material in violation of any Federal, State or Local Law, ordinance or regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trademarks, trade secrets and the like. The designation of any materials as such described above is left entirely to the discretion of Hawaiian-Internet management.

Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Hawaii County, Hawaii, and any dispute will be litigated or arbitrated in Hawaii County, Hawaii. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held within the Hawaii County court system.

(NOTE: Hawaiian-Internet has the authority to discontinue or suspend your account whenever necessary according to its internal or external policies.)

© 2003 Hawaiian-Internet. All Rights Reserved.