1. DESCRIPTION OF SERVICES 
ccHawaii.net and/or ccMail.net currently provides users and customers of its users with webhosting, domain name registration, website design, email accounts, co-location and programming Services (“Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms. You understand and agree that the Services are provided "as-is" and that ccHawaii.net and/or ccMail.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings.
We do not support Chat rooms!

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 and/or ccMail.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' 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 and/or ccMail.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. You also agree to backup your files on a local machine. ccHawaii.net and/or ccMail.net does not provide backup services on your behalf. ccHawaii.net and/or ccMail.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. 
Every client that uses the domain registration services of ccHawaii.net and/or ccMail.net additionally acknowledges to have read and agrees to the Registration Agreement, which is incorporated into these Terms by reference and can be found at http://www.ccHawaii.net /domainterms-cchawaii.html, as well as to the current ICANN domain name dispute policy (“Dispute Policy”) which is incorporated into these Terms by reference and can be found at http://www.icann.org/udrp/udrp.htm. As consideration for the Services provided by ccMail.net , you agree to pay ccHawaii`s current fees according to the ccHawaii.net and/or ccMail.net fee schedule which is incorporated into this Agreement by reference and can be found at http://www.ccHawaii.net /hosting.html. Payments must be made by credit card as specified on the ccHawaii.net and/or ccMail.net application form. Your account will not be activated unless and until ccHawaii.net and/or ccMail.net has received appropriate authorization from your credit card company. Payment is handled on a quarterly base on an automated base. All payments must be paid in advance. Fees are charged to the credit card that is listed for your account. The client is responsible to update account/credit card information. In case of a declined card or a chargeback, the account is subject to deletion without further notification. You agree that ccHawaii.net and/or ccMail.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 and/or ccMail.net on your behalf, fees payable by you to ccHawaii.net and/or ccMail.net under this agreement will increase by such amount. 

3. USE POLICY 
You acknowledge that ccHawaii.net and/or ccMail.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 ccMail.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 and/or ccMail.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 and/or ccMail.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ccHawaii.net and/or ccMail.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 and/or ccMail.net does not pre-screen Content, but that ccHawaii.net and/or ccMail.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/or ccMail.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 and/or ccMail.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 ccMail.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 ccMail.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 and/or ccMail.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. 
Pornography and sex-related merchandising are also prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Due to the resources certain web-sites carry, the following are limited to 4 gigabytes of free monthly traffic: Distribution sites. That includes, but is not limited to: shareware sites, mirror sites, etc. Multimedia archives, sound, video, mp3. Any site whose primary purpose is file distribution. Excessive traffic costs $0.05/ MB megabyte/month.

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. 
Any ATTEMPT to undermine or cause ANY harm to a server is strictly prohibited. We reserve the right to refuse or cancel service at our sole discretion. Any violation of these guidelines will result in immediate deactivation of services without refund. 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. 
Each domain has its own cgi-bin directory. You are free to install and use whatever scripts you wish, but we reserve the right to disable any CGI script that might effect the normal server operation.

You agree to NOT use the Service to:

a. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation including but not limited to unsolicited commercial and informational emails (NO-SPAM policy);

b. use another site's mail server to relay mail without the express permission of the site;
c. post or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, harmful to minors, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

d. falsify or misrepresent your identity, or affiliation with a person or service; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
f. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the US SEC Commission, regulations of any national or other securities exchange, including, without limitation, the NY Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

i. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or

j. to engage in any of the foregoing activities using the service of another provider, but channeling such activities through a ccHawaii.net and/or ccMail.net provided server, or using a ccHawaii.net and/or ccMail.net provided server as a mail-drop for responses.

 

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 

Violations of our Terms of Service including its NO-SPAM Policy may result in legal action against you and the termination, without notice, of your user account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. In addition, such violations may subject the sender and his or her agents to civil and criminal penalties. Nothing in these terms of Service is intended to grant any right to transmit email to or through ccMail.net 's computer systems. ccHawaii.net and/or ccMail.net does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

When ccHawaii.net and/or ccMail.net initiates an investigation due to alleged violation of its Use Policy, ccHawaii.net and/or ccMail.net may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, ccHawaii.net and/or ccMail.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 and/or ccMail.net will notify the appropriate law enforcement department of such violation. You acknowledge, consent and agree that ccHawaii.net and/or ccMail.net may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms herein; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ccMail.net , its users and the public. ccHawaii.net and/or ccMail.net does not issue service credits for any outages incurred through service disablement. 

4. INDEMNITY
You agree to indemnify and hold ccMail.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 and/or ccMail.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 and/or ccMail.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. 

6. TERMINATION 
To cancel your account(s), you may terminate this agreement by giving ccHawaii.net and/or ccMail.net thirty (30) days notice prior to the next billing date. Cancellation notices are only accepted in written form, by email, fax or postal mail.  Your account, then, would be cancelled and deleted on the next billing date. We don't refund paid charges for any web hosting accounts or InterNic fees. With free domains we bill a cancellation fee of minimum one year at $35 or the paid period. If we do not receive a cancellation in time we automatically renew the account.
You agree that ccMail.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 and/or ccMail.net believes that you have violated or acted inconsistently with these Terms. ccHawaii.net and/or ccMail.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 and/or ccMail.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 and/or ccMail.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 and/or ccMail.net EXPRESSLY DISCLAIMS ALL ARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR URPOSE AND NON-INFRINGEMENT. 
b. ccHawaii.net and/or ccMail.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 and/or ccMail.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 and/or ccMail.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/or ccMail.net and govern your use of the Services, superceding any prior agreements between you and ccMail.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 and/or ccMail.net shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You and ccHawaii.net and/or ccMail.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 and/or ccMail.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 2005