1. DESCRIPTION OF SERVICES
ccHawaii.net currently provides users and customers of its users with webhosting, domain name registration, website design, colocation and programming Services (“Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Servicess, including the release of new ccHawaii.net properties, shall be subject to the Terms. You understand and agree that the Servicess are provided "as-is" and that ccHawaii.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. 

2. YOUR OBLIGATIONS 
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, ccHawaii.net has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You will receive a password and account designation upon completing the Services's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a)
immediately notify ccHawaii.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 
ccHawaii.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. As consideration for the Services provided by ccHawaii.net, you agree to pay ccHawaii`s current fees according to the ccHawaii.net fee schedule which is incorporated into this Agreement by reference. Payments must be made by credit card as specified on the ccHawaii.net application form. Your account will not be activated unless and until ccHawaii.net has received appropriate authorization from your credit card company. In case of a declined card or a chargeback, the account is subject to deletion without further notification. You will be notified when renewals are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your account will be cancelled. You agree that ccHawaii.net shall have no liability whatsoever with respect to any such cancellation. If at anytime taxes shall become due and payable to any third party related to a Service with ccHawaii.net on your behalf, fees payable by you to ccHawaii.net under this Agreement will increase by such amount.

3. USE POLICY
You acknowledge that ccHawaii.net may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on ccHawaii.net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that ccHawaii.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that ccHawaii.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ccHawaii.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 
You acknowledge that ccHawaii.net does not pre-screen Content, but that ccHawaii.net and its
designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, ccHawaii.net and its designees shall have the right to remove any Content that violates the Terms or is otherwise
objectionable. 
You acknowledge and agree that ccHawaii.net may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of ccHawaii.net, its users and the public. 
You understand that all information and data or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ccHawaii.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Under no circumstances will ccHawaii.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. 

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, 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 email or a newsgroup posting.

Misuse of System Resources
It is a violation for anyone who, including but not limited to, employs posts or programs which
consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Tortious Conduct
No one shall post defamatory, scandalous, or private information about a person without their
consent, or violating trademarks, copyrights, or other intellectual property rights. 

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and
informational announcements, is explicitly prohibited. A user shall not use another site's mail
server to relay mail without the express permission of the site.

It is contrary to ccHawaii.net’s USE POLICY for customers to use our servers to effect or
participate in any of the following activities: 
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list
articles which are off-topic according to the charter or other owner-published FAQ or description
of the group or list; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a ccHawaii.net provided server, or using a ccHawaii.net provided server as a maildrop for responses; 
To falsify user information provided to ccHawaii.net or to other users of the service in connection with use of a ccHawaii.net service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Consequences of Violation
When ccHawaii.net becomes aware of an alleged violation of its Use Policy, ccHawaii.net will
initiate an investigation. During the investigation ccHawaii.net may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, ccHawaii.net may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, ccHawaii.net will notify the appropriate law enforcement department of such violation.
ccHawaii.net does not issue service credits for any outages incurred through service disablement.

4. INDEMNITY 
You agree to indemnify and hold ccHawaii.net, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Services, your use of the Services, your connection
to the Services, your violation of the Terms, or your violation of any rights of another.

5. MODIFICATIONS 
ccHawaii.net reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) with or without notice. You agree
that ccHawaii.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

6. TERMINATION 
Either Party may terminate this Agreement at any time by giving  the other Party thirty (30) days notice of termination. 
You agree that ccHawaii.net, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, if ccHawaii.net believes that you have violated or acted inconsistently with these Terms. ccHawaii.net may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice, and acknowledge and agree that ccHawaii.net may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that ccHawaii.net shall not be liable to you or any third-party for any termination of your access to the Services. 

7. DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ccHawaii.net EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
b. ccHawaii.net MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. 

8. LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ccHawaii.net SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ccHawaii.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 

9. NOTICE 
Notices to you may be made via either email or regular mail.

10. GENERAL
The Terms constitute the entire agreement between you and ccHawaii.net and govern your use of the Services, superceding any prior agreements between you and ccHawaii.net. You also may be subject to additional terms and conditions that may apply when you use affiliate Servicess, third-party content or third-party software. The Terms and the relationship between you and ccHawaii.net shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You and ccHawaii.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maui, Hawaii. The failure of ccHawaii.net to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Hawaii, USA 2000
 

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