Term of Service
These Terms of Service (the “Agreement”) are an agreement between HFTW Member Services (“HFTW” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HFTW and of the HFTW website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
HFTW’s services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. You specifically agree to indemnify and hold HFTW harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Examples of content that is not acceptable:
- Torrent Sites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Transmission or posting of unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or objectionable material.
- Transmission or posting of Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
- Any material containing a virus or other hostile computer program.
We allow legal adult sites on all our solutions. All models must be 18 years of age and older. We do not allow or tolerate child pornography, any site found in violation of this will be suspended and removed from our network.
SPAM and Unsolicited Commercial E-mail (UCE)
HFTW takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of HFTW may not use or permit others to use our network to transact in UCE. Customers of HFTW 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 HFTW SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HFTW will initiate an immediate investigation (within 48 hours of notification). During the investigation, HFTW may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HFTW may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, HFTW reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HFTW will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the HFTW Network. Violations of system or network security may result in civil or criminal liability. HFTW 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 authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
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 forum posting.
Taking any action in order to obtain services to which such User is not entitled.
HFTW no refunds will be made.
Payments & Fees
HFTW charge a fee of 5% of membership fees, all payments are made via PayPal.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
Termination of Service
HFTW reserves the right to suspend network access to any customer if in the judgment of the HFTW network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which HFTW chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
HFTW expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate HFTW policy. Finally, HFTW wishes to emphasize that in signing the service agreement, subscribers indemnify HFTW for any violation of the service agreement, law, or HFTW policy, that results in loss to HFTW or the bringing of any claim against HFTW by any third-party. This means that if HFTW is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against HFTW, plus costs and reasonable attorneys’ fees.
Please behave in a reasonable manner towards HFTW employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards HFTW employees or legal threats against the company are viewed as extremely serious. HFTW reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question. HFTW reserves the right to refuse service to any customer at any time within reasonable means/requests.
Limitation Of Liability
IN NO EVENT WILL HFTW ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HFTW IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HFTW’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HFTW FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
HFTW shall not be responsible for any damages your business may suffer. HFTW makes no warranties of any kind, expressed or implied for the Services. HFTW disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HFTW or our employees.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources including but not limited to employing applications which consume excessive CPU time are not allowed on our network under any circumstances.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes Terms of Service. We may amend these terms of service with or without notice. You are responsible for any domains that are placed onto our servers. We do reserve the right to edit the terms of service at any time with or without notice.
If you have any questions please e-mail us at email@example.com
Personally Identifiable Information
Privacy concerns center on information that can be associated with a particular individual or entity. This information is often referred to as “personally identifiable information” and includes, for example, such things as a customer’s name, address, telephone number, or e-mail address.
HFTW will not disclose to outside parties any personally identifiable information obtained from the registration for or use of HFTW’s services without the consent of the customer (except as required by subpoena or other legal process, cases where HFTW suspects fraud, or in the case of imminent physical harm to customers or others). When HFTW uses agents, contractors or other companies to perform services on its behalf, HFTW will require that they protect your personally identifiable information consistent with this Policy.
Collection and Use of Personally Identifiable Information
HFTW collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products, services or special offers that better meet your needs. HFTW will not sell or disclose any of your personally identifiable information to other companies or organizations without your consent, unless compelled by a court order or subpoena. We reserve the right, however, to convey any information we collect from or about you to a successor-in-interest or business partner.
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), HFTW will never knowingly request personally identifiable information from anyone under the age of 13 without first requesting verifiable parental consent.
Collection of Internet Usage Data
HFTW’s network gathers information about Internet usage such as IP address information of users connecting to your site, IP address information of FTP transfers, number of e-mails sent, and data transfer usage.
HFTW will not read your outgoing or incoming e-mail except in cases where HFTW suspects a user is violating Terms of Service and Terms of Service Policies. HFTW or its agents may store e-mail messages for a brief period of time and could be compelled to disclose the messages in order to comply with a court order or subpoena, if it is necessary to disclose this information to protect HFTW’s network or an individual’s safety or security.
HFTW has in place security measures and policy guidelines to protect your customer identifiable information from unauthorized access.
HFTW may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the Terms of Service and Terms of Service Policies.
HFTW may at any time, without notice to you and in its sole discretion, amend this statement from time to time. Please review this statement periodically. Your continued use of HFTW services after any such amendments signifies your acceptance thereof.