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Hani IT – Terms of Service

For the purposes of this agreement the words “Hani IT”, “We”, “Our” and “Us” refer to Hani IT, and “Site” to materials delivered on Copyright in the content and trademarks on this site are owned by Hani IT ABN 84 2386 763 89, unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Hani IT.

“Subscriber”, “User”, “Customer” and “Client” means the person or entity who placed the order for our services.

Hani IT general policy is to act as a neutral provider of access to the global Internet. Hani IT reserves the right to suspend or cancel a Subscribers access to any or all services provided by Hani IT when Hani IT decides that the account has been used inappropriately.

All provisions of this agreement are subject to the Terms of Service (TOS) and Acceptable Use Policy (AUP) of Hani IT. The TOS and/or AUP may be changed from time to time at the discretion of Hani IT, and such modifications shall be effective immediately upon posting the modified agreement on the Site.

Hani IT agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Submitting an order for Hani IT services constitutes acceptance and agreement to Hani IT TOS, as well as Hani IT AUP.

The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Hani IT may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.

The Subscriber acknowledges that the nature of the service delivered and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that Hani IT may prospectively change the specified rates and charges from time to time.

All promotional offers are contingent upon Hani IT achieving and maintaining its cost of service goals including, but not limited to, rates charged to Hani IT by its suppliers.

Establishment of this service is dependent upon receipt by Hani IT of payment of stated charges. Subsequent payments are due on the anniversary date of the Subscribers service.

The Subscriber agrees that Hani IT automatically charges the Subscriber’s credit card every month if it is the selected method of payment. Hani IT reserves the right to process client credit cards from 1 to 7 days before the actual due date to ensure that the funds are received by the due date.

Where the account holder has provided debit or credit card details and the debit is declined, Hani IT may immediately suspend the account until outstanding charges are processed successfully. In addition, Hani IT reserves the right to suspend any other services for that account until the outstanding charges are
paid. The Subscriber is responsible for all outstanding charges on the account.

All invoices will be sent directly to account holder via e-­‐mail and will be deemed to have been delivered if no bounce back is received.

Hani IT reserves the right to automatically settle the Subscribers due invoices using the Subscribers account credit where applicable.

A subscribers service will be suspended if payment reaches three (3) days past due.

All services which are three (3) days past the due date will automatically attract an overdue fee that is equal to 10% of the total cost of the Subscribers service, which will be payable on top of the invoice amount.

All services which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.

If you desire to cancel your service, please follow the proper procedure to do this as outlined in this TOS.

A full refund will be provided to the Subscriber, through the Subscribers original payment method, if the refund is requested within seven (7) days of the order being placed. Payments to Hani IT for Web Hosting plans, Reseller Hosting plans, Email Hosting plans and VPS Hosting Plans are eligible for a refund.

Payments for any type of licenses, SSL certificates, domain names and Virtual Server Management are non-­‐refundable in any circumstances.

All refunds are subject to Hani IT’ management approval.

Hani IT may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due.

All requests for canceling of accounts must be made through the Support Ticketing System.

Hani IT performs a backup of all Web Hosting, Email Hosting & Reseller Hosting accounts each night. The Subscriber acknowledges that Hani IT stores each backup for strictly seven (7) days only. After seven (7) days the backup is deleted from Hani IT’ servers. Backups are stored onto our offsite backup servers in Adelaide, Australia. A Subscriber can request a backup restore for their service by lodging a Ticket to the Support Department. A $29.95 flat rate applies for each service backup restore. Alternatively if you have a Website Maintenance plan, you are entitled to request your backups according to your plan.

It is the responsibility of the Subscriber to maintain a recent copy of all data stored on the Subscribers Hani IT service at all times. Hani IT shall not be liable for corrupt, incomplete or otherwise insufficient data recovered from our backups.

The Subscriber acknowledges that all domain name service(s) are non-­‐ refundable once the order for the domain name service(s) has been accepted and processed by Hani IT.

Hani IT does not guarantee that a domain name registration or domain name renewal will be approved, irrespective of whether the invoice for the domain name has been paid. The Subscriber will be notified via email by Hani IT that the domain name(s) has been successfully registered and is in the Subscribers name.

The Subscriber acknowledges that Hani IT is not obligated to renew a domain name if the Subscriber has not confirmed to Hani IT that the domain name is to be renewed, or the invoice for renewal has not been paid in full. Hani IT will not be held liable by the Subscriber for any loss or damages.

The subscriber agrees that Hani IT reserves the right to renew the Subscribers domain name(s) automatically unless the Subscriber has lodged a cancellation request for the domain name through the Ticketing System.

It is the Subscriber’s responsibility to ensure that the Admin, Technical and Billing contact information is kept up to date on every domain name. As per registry-­‐registrar policy and agreements, Hani IT will use this information to advise the Customer of any pending expiry, renewal or transfer requests.

Not all third party applications can be supported by Hani IT hardware. Hani IT does not guarantee support for any third party application installed on Hani IT hardware.

The Subscriber agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Hani IT to the email address registered to their account. The Subscriber can unsubscribe from marketing and promotional emails only, by clicking the “Unsubscribe” link in one of these emails.

If the Subscriber does not want to receive emails relating to the Service(s) provided, they are required to cancel all active Services and close their Account.

The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that Hani IT shall not be liable for any damages arising from such loss of service for any reason. In no event shall Hani IT be liable for any special or consequential damages, loss or injury.

Hani IT provides support to the Subscriber. Hani IT only ensures that the service is online and is remotely accessible. Hani IT does not offer technical support for application specific issues. Hani IT does not provide technical support for YOUR customers. If you need to contact the support team, we encourage you to use our Ticketing System.

Hani IT takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber 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.

Violation of Hani IT SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hani IT will initiate an immediate
investigation (within 48 hours of notification). During the investigation, Hani IT may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hani IT may, at its sole discretion, restrict, suspend or terminate the Subscriber’s account. Further, Hani IT reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hani IT will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately removed from our network.
The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon re-connection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IP Address Ownership: If Hani IT assigns the Subscriber an Internet Protocol address for the Subcriber’s use, the right to use that Internet Protocol address shall belong only to Hani IT, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services.

During the term of this Agreement, Hani IT shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber, and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Our allocation of IP addresses is limited by APNIC’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-­‐based hosting where possible.

We will periodically review IP address usage, and if we find that clients are using IP addresses where name-­‐based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-­‐based hosting.

Bandwidth Usage: Hani IT will monitor the Subscriber’s bandwidth. Hani IT shall have the right to take corrective action if the Subscriber’s usage negatively impacts other clients.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. Hani IT will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-­‐mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled. Hani IT is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-­‐related activities.

First violation: Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Hani IT’ discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation: Users that determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-­‐ of-­‐Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Hani IT reserves the right to suspend network access to any subscriber if in the judgement of the network administrators the Subscriber’s service is the source or target of the violation of any of the other terms of the AUP or for any other reason which Hani IT chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s service is suspended.

Hani IT reserves the right to immediately suspend the service of a Subscriber without notice if, in the judgment of the network administrators, the Subscribers service is using excessive resources. A service is deemed to be using excessive resources when the Subscribers service is causing a negative effect on other Subscribers services, or using more resources then what is deemed reasonable by Hani IT’ network administrators. The Subscriber will not be credited for the time the Subscribers service is suspended.

Hani IT wishes to emphasize that in agreeing to the Hani IT AUP and ToS, the subscriber indemnifies Hani IT for any violation of the AUP and ToS that results in loss to Hani IT or the bringing of any claim against Hani IT by any third-­‐party. This means that if Hani IT is sued because of a subscribers, or a customer of a subscribers activity, the subscriber will pay any damages awarded against Hani IT, plus all costs and attorney’s fees. You must provide us with, and keep current, good contact information for your E-­‐mail, fax, and telephone contacts. These contacts are used, in that order of preference, by Hani IT as a point of contact for the Subscriber.

A waiver by Hani IT of any breach, of any provision, of this agreement by the Subscriber shall not operate as, or be construed as, a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

The Subscriber shall not transfer or assign this agreement without the prior written consent of Hani IT. Hani IT may assign this agreement at anytime without consent from or notice to the Subscriber. Hani IT reserves right to cancel the Subscribers rights under this contract at anytime without further obligation.

Hani IT takes no responsibility for any material input by others and not posted to the Hani IT Network by Hani IT. Hani IT is not responsible for the content of any other websites linked to the Hani IT Network; links are provided as Internet navigation tools only. Hani IT disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or entity’s violation of this policy.

Hani IT is not responsible for any damages your business may suffer. Hani IT does not make implied or written warranties for any of our services. Hani IT denies any warranty or merchant-ability for a specific purpose. This includes loss of data resulting from delays, non-­‐deliveries, wrong delivery, and any and all service interruptions caused by Hani IT.

You, as the Subscriber, are solely responsible for the content stored on and served by your Hani IT account. We recommend that all Subscribers back up the data stored on their Hani IT account at regular intervals, regardless of whether the Subscriber has purchased a back up service from Hani IT or not.

The agreement between you and Hani IT shall be governed in all respects by the laws of South Australia. The parties to irrevocably submit to the non-­‐exclusive jurisdiction of the courts of South Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

If you have any questions or comments regarding our Terms of Service, then please contact our Sales Department.