High Speed Web INC(“HSW”) provides access to the internet and related products and/or services (“Products” and/or “Services”) to its subscribers and other internet users. By using HSW products and services, you agree to the following terms, conditions, limitations, and notices set forth in this policy (the “Terms of Service”). These Terms of Service may be updated or modified by HSW from time to time, in its sole discretion, with or without notice, at any time and in any manner and your continued use constitutes acceptance of such changes. You can view the most current version of these Terms of Service at http://www.highspeedweb.net/v2/termsofservice.html.
You agree to use HSW Products and Services only for lawful purposes. You agree not to transmit or store any information, data, or material in violation of US federal or state regulation or law, including, but not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
You agree that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license).
You agree that your account cannot be transferred or used by anyone other than yourself. Account sharing is strictly prohibited. You agree that you may not have more than one login session active at a time. You agree that accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate termination. You agree not to resell, relicense or redistribute HSW Products or Services to any individual, company or organization.
You understand that HSW is not responsible in any way for information that you may read, view, download or retrieve, intentionally or unintentionally, while using HSW Products or Services. HSW is not responsible for the content, accuracy, character, or attributes of any information, data, text or graphic files, programs or executable files.
Disclaimer of Warranties: You assume total responsibility for your use of the services and the internet and access them at your own risk. HSW exercises no control over and has no responsibility whatsoever for the content accessible or actions taken on the internet and expressly disclaims any responsibility for such content or actions.
Limitation of Liability: HSW shall not be liable to you for any direct, incidental, indirect, special or consequential damages of any kind, including but not limited to any loss of use, loss of business, loss of profit, loss of information or data, or interrupted communications, arising out of or related to your use of HSW Products or Services. Under no circumstances will HSW be liable to you or any other parties for an amount greater than the total amount of service fees paid by you for the three months immediately preceding any claim.
HSW Products and Services are provided on an 'as is' and 'as available' basis. HSW makes no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, warranty of non-infringement or warranty of fitness for a particular purpose. HSW does not warrant that the services will be uninterrupted, error-free or free of viruses or other harmful components.
Personal Data Transmissions Are Encrypted: HSW uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. HSW will not sell your personal information.
Minors: In accordance with South Carolina law, users may not post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor). You acknowledge that certain online sites may contain content that is unsuitable for minors. HSW is not responsible for any content accessed by minors while utilizing its Products or Services. You affirm that that you are at least 18 years old by registering for HSW Products or Services. Parents who obtain an account for HSW Products or Services for minors, hereby consent to such minor’s use of such Products or Services. Parents assume full responsibility and liability associated with a minor's use of any of the Services.
Subscribers, their affiliates, and customers are prohibited from the following activities:
Spamming: Spamming (unsolicited bulk email), whether or not it overloads the Services or disrupts service to HSW subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. HSW reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals.
All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
HSW reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
You must retain accurate contact information to avoid having your account terminated.
You agree that HSW may, under certain circumstances and without prior notice, immediately terminate your account and access to any HSW Products or Services.
If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, report it at email@example.com for investigation. We reserve the right to immediately terminate any account we feel has been in violation of any of these terms.
Violations of Intellectual Property Rights: Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. HSW is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Misrepresentation of Transmission Information: Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.
Viruses and Other Destructive Activities: Use of HSW Products or Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Products or Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
Hacking: "Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Anonymous Proxies: We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations: The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
Child Pornography: The use of the Products or Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. As required by law, HSW will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Products or Services.
Obscene, Defamatory, Abusive or Threatening Language: Use of the Products or Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Other Activities: The use of HSW Products or Services to engage in any activities that are determined by HSW in its sole and absolute discretion to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. HSW will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Products or Services. Engaging in any activity that, in HSW’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Products or Services, HSW business, operations, reputation, goodwill, customers and/or customer relations, or the ability of HSW customers to effectively use the Products or Services is prohibited. Such prohibited activities include, but are not limited to, making available any program, product or service that is designed to or could be used to violate these Terms of Service. In addition, the failure by a Subscriber to cooperate with HSW in correcting or preventing violations of these Terms of Service by, or that result from the activity of, a customer of the Subscriber is a violation of these Terms of Service.
In general HSW does not monitor its customers' websites or activities to determine whether they are in compliance with these Terms of Service. However, when HSW becomes aware of any violation of these Terms of Service or its User Agreement, HSW may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Products or Services or to the Internet, and/or removing information. In addition, HSW may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. HSW reserves the right to take any such action even though such action may affect other customers of the Subscriber.
HSW may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect HSW or others from harm, and/or to ensure the proper operation of the Products or Services. HSW has no obligation to notify any person, including the Subscriber about whom information is sought, that HSW has provided the information.
Copyright Notice Infringement Information: In accordance with the Digital Millennium Copyright Act, HSW has adopted a policy that provides for termination of websites hosted by HSW that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by HSW or its subsidiaries, and the copyright holder wants HSW to remove the website or disable the material in question, HSW will remove the website or disable the material if the copyright holder provides us with all of the following information:
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Payment Information: You agree to supply appropriate payment for the Products and Services received from HSW in advance of the time period during which such services are provided. You agree that until and unless you notify HSW of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations By You:
Cancellations must be done in writing or via the cancellation link provided in the HSW Client Area. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of HSW, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HSW provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 6 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact firstname.lastname@example.org
HSW reserves the right to change the monthly payment amount and any other charges at anytime.
Cancellations By Us:
HSW reserves the right to cancel the account at any time with or without notice for any reason and at its sole discretion.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation Link in the HSW Client Area. HSW gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Termination of services after 30 days will be refunded on a prorated basis of any unused time based on the our monthly fees not the prepaid yearly amount.
There is a 7 day refund provided to Virtual Private Servers (VPS).
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will constitute a waiver or any right to refund.
Money Back Guarantee: On dedicated servers and colocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of HSW managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. This policy only applies to monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Legal Disputes: This agreement will be governed by and construed in accordance with the laws of the state of South Carolina, excluding its conflict of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of this agreement shall be the state and federal courts located in York County, South Carolina, USA and you consent to such jurisdiction and waive all objections to such jurisdiction and venue. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this agreement shall remain in full force and effect.
These terms and conditions constitute the entire agreement between you and HSW with respect to your use of HSW Products or Services. HSW may assign this agreement and your rights and obligations under it, in whole or in part, at any time and without notice to you. You may not assign this agreement without HSW’s written consent.
HSW’s failure to enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or rights herein. If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions herein shall remain in full force and effect.