This Policy represents Aloha Presence and Web Design Services (Alohapr.net) Acceptable Use Policy ("Policy") applicable to the Customers of Alohapr and supersedes any other written or oral Policy. Upon notice published on-line via Alohapr's web page Alohapr may modify the Policy, amplify the Policy, as well as discontinue or change services offered.

Alohapr reserves the right to revise this Policy at any time. Customer may view the most up-to-date version of this policy at any time at http://www.Alohapr.net/policy.html

By using any of the services offered by Alohapr, Customer is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of the Customer account or such other action as Alohapr, in its sole discretion, may deem appropriate.

I. SYSTEM AND NETWORK SECURITY

1. Customer may not tamper with other accounts, or commit unauthorized intrusion into any part of Alohapr's system, or use any of Alohapr's machines, files, accounts, networks to intrude without authorization into any other system.

2. Customer may not use Alohapr services not included in Customeršs account, or devise ways to circumvent security in order to access services Customer is not paying for.

3. Customer may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Customer may not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host.

II. EMAIL

1. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.

2. Alohapr prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.

3. Customers may not forge header information.

4. Alohapr prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.

5. Alohapr prohibits the use of and reserves the right to cancel any customer account, which promotes its business by means of spamming, using either Alohapr's or other ISPs networks.

III. BILLING

All announced prices are in US Dollars.

IV. GENERAL

1. Web site forwarding and all other services provided to the Customer by Alohapr may only be used for lawful purposes. Customer will use the web forwarding services in a manner consistent with any and all applicable laws of the state of Hawaii, and the United States federal government.

2. Alohapr reserves the right, in its sole discretion, to deactivate the Customer's web forwarding account(s) upon an indication of credit problems including delinquent payments.

3. Alohapr's web service is provided on an "as is, as available" basis. Alohapr gives no warranty, expressed or implied, for the web forwarding services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Alohapr or its providers beyond the fees paid by Customer to Alohapr for services.

4. Alohapr is not responsible for any damages arising from Customer's use of Alohapr or by Customer's inability to use the web hosting services for any reason.

5. While Alohapr shall make every reasonable effort to protect and backup data for Customer on a regular basis, Alohapr is not responsible for Customer's files residing on Alohapr servers.

6. Customer hereby agrees that any material submitted for publication on Alohapr through Customer's account(s) will not contain anything leading to an abusive or unethical use of the web forwarding product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless Alohapr from any claim resulting from your publication of materials or your use of those materials. Alohapr may or may not give notice before deactivating the use of an account(s) which Alohapr decides is an abusive or unethical use of the web forwarding account(s) or host server(s).

7. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Alohapr is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Alohapr or its customers may utilize.

8. Alohapr maintains control and any ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses.

9. Use of any information obtained via Alohapr is at your own risk. Alohapr specifically denies any responsibility for the accuracy or quality of information obtained through its services.

10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

11. If Alohapr cancels Customer's account for any reason, Customer agrees not to reregister without Alohapr's written consent. In the event Customer reregisters without Alohapr's prior written consent, Alohapr will cancel Customer 's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears will be made due and payable immediately.

12. Alohapr requires that Customer is qualified to contract. Alohapr cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for Alohapr accurate and up to date. False data supplied for the contract between Alohapr and Customer will be grounds for account termination.

13. The Customer agrees to defend, hold harmless, and expeditiously indemnify Alohapr from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service.

14. Customer agrees to waive and hold Alohapr harmless from any claims relating to any action taken by Alohapr as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from Alohapr as a result of the decision to remove material from its server, or to suspend or terminate Customer 's account.

15. The web server is physically located in the province of Ontario, and the Customer may only access the server by means of the Internet, an interstate common carrier of information.

16. Alohapr reserves the right to kill off CPU intensive processes.

17. Alohapr has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on Alohapr's Hosting Services. Alohapr will only access and disclose information as necessary to comply with applicable laws and government requests, to provide Alohapr Services, to operate or maintain its systems or to protect itself or its customers.

V. POLICY ENFORCEMENT

1. When Alohapr becomes aware of an alleged violation of its Acceptable Use Policy, Alohapr will initiate an investigation. During the investigation Alohapr may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Alohapr 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, Alohapr will notify the appropriate law enforcement department of such violation.

VI. COPYRIGHT INFRINGEMENT

1. If Alohapr becomes aware of material that could be infringing on a third party's copyright, posted by Customer, it will initiate an investigation. If Alohapr receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer 's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, Alohapr, in its discretion, may, at any time, deny access to the challenged material of Customer.

2. Alohapr will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).

3. Alohapr shall have no liability, directly or indirectly, to Complainants or third parties for Customeršs infringing copyrighted materials. Customer shall reimburse Alohapr for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

VII. CONTENT

1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal Government, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are 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.

Examples of non-acceptable content or links:

Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3

We will be the sole arbiter as to what constitutes a violation of this provision.

VIII. REPORTING NETWORK ABUSE

1. Any party seeking to report any violations of Alohapr's policy may contact via e-mail: abuse@alohapr.net

 

 

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