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TOS
Havok Hosting agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Havok Hosting Service constitutes acceptance and agreement to Havok Hosting AUP as well as Havok Hosting TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Havok Hosting 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.
Allowed and Not Allows
NOT ALLOWED
Spamming
Child Pornography
Rapidleech
Rs2Rs
Torrentflux
Proxies
File hosting
Image Hosting
High CPU Scripts
Mailbombers
PHP Mailers
IRC Servers
Port Scanners
PHP Shells
Virus Hosting
Telnet or SSH Access Scripts
ALLOWED
Nulled Scripts
Warez Linking
Hacking forums/blogs
Reseller Account
For Reseller users including ALPHA and MASTER. we are not liable for any of your customers file.Example losing File and accidental Fault By you. and we Reserve our rights to immediate termination Of Service if you fail to fallow our TOS
Giving Free Accounts
Free Hosting To all new and existing Havok Host customers. You are not allowed to give away free hosting if you buy any reseller package as it just wastes our space on our servers and we would like to keep our servers online to keep our customers happy. If fail to do so your reseller hosting account will be terminated and NO REFUND what so ever.
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.
Payments and Fees
All payments should be made by the due date shown on the invoice. Service will be suspended on accounts that reach 2 days overdue and the service terminated after 10 days overdue.
Refund Policies
All payments to Havok Hosting are REFUNDALBLE ONLY FOR 7DAYS.
Dispute Policies
Anyone opening dispute on payment without reason will be suspended and in order to unsuspend their account they need to pay $10 extra. So watch Out.
Domains
All domains purchased through Havok Hosting are owned by Havok Hosting. If you choose to transfer the domain to your personal / different account, you will need to be hosted for atleast 3 months with Havok Hosting. After 3 months, you may choose to move the domain to your personal / different account. Transfer Will be FREE
Account Cancellation
Requests for cancelling hosting accounts must be made at least 7 days prior to the next renewal date of the hosting account. Clients must log into the Client Lounge and open a new Client Care ticket requesting cancellation for each hosting account that they wish to cancel.
Unexpected Service Interruptions
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain, including any form of hardware or software failure. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Responsibility for Backing Up Customer Hosted Data
Havok Hosting strongly recommends that all data (including web sites, email and databases) hosted within the customer's account be regularly backed up by the customer to a separate physical location. Havok Hosting cannot be held responsible for backups of customer hosted data. In the event of an event such as a hardware or software failure resulting in the loss of any hosted data, Havok Hosting engineers will first attempt to restore data from Havok Hosting own backups, if any. This process can take anywhere from 12 business hours up to 7 business days, depending on the severity of the hardware/software failure as well as hardware/software availability. However, should it not be technically possible to perform such a restoration, Havok Hosting is not responsible for restoring any of the lost data, beyond the re-creation of the hosting accounts in a fresh empty shell state, in order to allow the customer to restore data from their own backups. Please note that the re-creation of such fresh hosting accounts can take up to 7 additional business days.
SPAM and Unsolicited Commercial Email (UCE)
Havok Hosting 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 Havok Hosting may not use or permit others to use our network to transact in UCE. Customers of Havok Hosting 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 Havok Hosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Havok Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, OffshoreHost.NL may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OffshoreHost.NL may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Havok Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Havok Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
B) First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Havok Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
Liability
Havok Hosting is not liable for what users put on their Havok Hosting accounts. Client is liable for any damage / cost created by their account. Users who violate systems or network security may incur criminal or civil liability. Havok Hosting 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. Havok Hosting reserves the right to suspend/close any accounts with/without any prior notice or at their discretion. Havok Hosting requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at Havok Hosting. If available, please provide the following information: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Abuse Toward Employees
In the event of using profanity or threats toward Havok Hosting employees and/or Havok Hosting, you may be suspended or terminated without notice. This includes online support, support tickets, sales tickets, abuse tickets, and/or website posts.
Responsibility for Content
You, as Havok Hosting customer, are solely responsible for the content stored on and served by your Havok Hosting account.
Infancy
You attest that you are of legal age to enter into this Terms of Service.
Disclaimer
Havok Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Havok Hosting are resold. Thus, certain equipment, routing, software, and programming used by Havok Hosting are not directly owned or written by Havok Hosting . Moreover, Havok Hosting holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Havok Hosting sees fit. FURTHERMORE, Havok Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Originally Posted by Xenon
