By using the HAW Company services, you acknowledge that you have read our set of legal documents and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies incorporated by reference.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), For the sake of brevity, HAW Company will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
As a Customer of our Services, you need to be aware that, when signing up for an account with us, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is beyond our power to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.
These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You - the Customer, and Us, the Service Provider. Service Provider shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You - the Customer, and Service Provider. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.
In the event that a court of competent jurisdiction declares any of the Agreement's provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer's side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.
This agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
As used in this Agreement, "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The ways in which HAW Company collects and processes your Personal Data are described in the Privacy Policy.
For Clients who sign up for the Services through your online store, HAW Company will act only as the Data Processor, whereas you (the Reseller) will assume the role of the Data Controller. The Data Processing Agreement (Appendix A of this document) will govern the processing of Personal Data.
If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by HAW Company (including, when necessary, entering into contractual clauses with HAW Company) to ensure that the transfer of the Personal Data meets the Data Protection Laws' respective requirements.
We do not allow background-running programs. These include any IRC-related software such as bouncers and bots. We provide a hosting service, not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts you wish provided they do not affect the servers' normal operation and are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, HAW.Company reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
These services include but are not limited to: Softaculous package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. HAW COMPANY ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. HAW COMPANY REJECTS ANY IMPLIED WARRANTIES. ANY OF HAW COMPANY EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY HAW COMPANY , INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
HAW Company guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where HAW Company has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that HAW Company cannot directly influence. HAW Company may temporarily deny or terminate service upon clients failure to pay their charges when due.
HAW Company will guarantee 99.9% HAW Company network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
Network Outages or Unscheduled Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
Unscheduled Downtime Compensation - HAW Company will compensate the owner of an account that has experienced downtime for more than 8 hours during the entire calendar year. The compensation will be one month of hosting services for free.
Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.
a: A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. HAW Company offers only web hosting services, not data storage services. The backups offered by HAW Company will be executed on a weekly basis and will overwrite all previous ones. The backups are provided as a courtesy service and may be discontinued at any given time. Shared accounts using more than 20 GB of disk space will be entitled solely to an internal backup service, which is used only in disaster recovery cases and is aimed at preventing our storage servers from being overloaded. This is a manual service and will cost $30 USD per recovery.
b: Server content MUST comply with the parameters stated in this agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a HAW Company Service representative regarding any inquiries over the matter.
c: If any of HAW Company Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
d: Unauthorized Access. HAW Company expressly bans the use of any HAW Company hardware or software hosted on a HAW Company server for trying to illegally access another hosted machine or network.
e: Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. HAW Company reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. HAW Company offers a cloud hosting service in which environment customers may share resources with other customers, therefore it is imperative that HAW Company control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.
A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 2 GB Memory and/or 20 concurrent connections also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account, which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused.
Excessive Disk Space & Traffic Usage - HAW Company offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
HAW Company will make every reasonable effort to notify customer prior to suspension, however, HAW Company may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package. HAW Company will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their Control Panel.
Cancellation And Refund Policy - HAW Company accounts are set up on a prepay basis. HAW Company customers may decide to cancel their account at any time and get a full refund if the cancellation request is made within 30 days of the official sign-up date according to our Money Back Guarantee Policy. To cancel an account, the customer must send an e-mail or a support ticket to the Sales Department and provide any authentication credentials requested by HAW Company Any other form of cancellation request will not be accepted. Any incentives offered to customers upon sign-up will also be cancelled. However, domain name registrations/transfers and upgrades are treated as non-refundable services and cannot be cancelled or refunded after being activated per customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Late cancellations as well as accounts cancelled by HAW Company due to TOS violations, in which the customer decides not to fix the violation, do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with the PayPal's terms of service.
Money Back Guarantee Policy - HAW Company offers a 30-day money back guarantee. In case you are not satisfied with our reseller hosting services, you can submit a refund request via a trouble ticket from your WHMCS billing account, and receive a full refund for your hosting plan within 30 days of the account purchase, in order to receive full refund. Any charges paid for the WHMCS license prior to a cancellation request being submitted are NON-refundable.
SSL certificates, as a third party service, are not covered by the 30-day money back guarantee, which HAW Company provides for its reseller hosting service. An SSL certificate can be refunded within 7 days of the purchase date.
Non-refundable services: all single-year or multi-year domain registration or transfer services and upgrades. All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer.
The amount that will be credited back to you in accordance with our 30-day money back guarantee will not include the cost of all non-refundable services that have been purchased upon sign-up (i.e. you will be issued a partial refund on the original transaction if you have purchased non-refundable services for your web hosting account).
Customers should abide by our Order Verification Policy
a: HAW Company contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with HAW Company, customers agree to AUP (Acceptable Usage Policy - this document) and the specified Terms & Conditions in this document. Thus, HAW Company will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order. If, however, the customer presents a valid motive for the refund required, having observed the afore-specified requirements, then HAW Company will commence the money-back procedures without hesitation. Any refund actions will immediately lead to an account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.
b: HAW Company will charge customers with fees based on the fee structure at the time of the sign-up process. HAW Company reserves the right to introduce changes to the packages with regard to price and set of features when needed. This means that the current price list at http://www.haw.company/hosting/ may differ from the pricing and features of the customer's account.
c: Upon signing up for an account with HAW Company, the customer agrees to pay on a recurring basis for the period selected by him/her in the Order Wizard. The periods have the following duration: 1 Month, 3 Months, 6 Months and 12 Months. The next payment must be made towards your account on its assigned date due, which means that HAW Company will attempt to automatically re-bill your chosen payment method (Bank Transfer, Easypaisa/Jazzcash, PasFast, WorldPay and PayPal) in the beginning of each following period. When the payment is declined from your chosen payment method we will send out an email notice and retry to claim the payment on the following day, which will generally occur 3 times over a 3-5 day period. After this period if we have not received the payment due or had notification from you that the payment due is in hand, your account may be suspended or terminated at HAW Company sole discretion. Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at HAW Company will be subject to collections and legal action. He/she will be charged $30.00, because when signing up with HAW Company, customers accept these terms and conditions, thus agreeing to observe them strictly.
A bonus collection, which consists of software, website templates and an Free domain, comes with cPanel plan. All bonuses are given out upon customer request via the ticketing system.
HAW Company provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with HAW Company confronts with service interruption issues.
As a condition for your and your clients' use of the HAW Company Services, neither you nor your clients might use the HAW Company Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any HAW Company Services, other accounts, computer systems or networks connected to any HAW Company Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the HAW Company Services.
HAW Company reserves the right at all times to disclose any information as HAW Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at HAW Company sole discretion.
HAW Company is within the capacity to refuse service to unlawful parties. HAW Company servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, HAW Company expressly forbids any breach of Federal, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
HAW Company management will thoroughly scrutinize any of the received orders and decide at their own discretion which of them does not comply with the officially stated requirements for use of the company's servers. HAW Company servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, blasphemy, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included within the HAW Company Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. HAW Company shall not be responsible or liable for any part of any such dealings or promotions.
You agree that HAW Company, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms. All accounts, which remain unpaid for 60 days after their expiration date will be automatically terminated.
HAW Company reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to HAW Company and liable for reasonable interest and collection fees
You are solely responsible for the content of your messages. Using the HAW Company Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
HAW Company provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world. The services for newly signed up clients are activated immediately after our Sales Department gets in touch with the payer over the phone to verify the payment details (this is demanded because of the high fraud activity, spreading online). The payment verification procedure is compulsory and if we fail to approve the transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled. The services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the corresponding payment.
cPanel Accounts Timescale. The newly-created cPanel accounts with HAW Company are valid for 1 month. They can be renewed for another month that will be added to the official expiration date of the account.
Domain Name Registration Timescale. HAW Company offers registration of the following TLDs (Top Level Domains), purchased together with a cPanel account or ordered separately as an upgrade from the Web Hosting Manager. The table below displays the minimum and maximum registration periods, as well as the regular annual prices.
The hosting service is active for one month (30 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the monthly subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permanently deleted. Even though HAW Company will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
a: After a domain name's expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
b: After the 30-day renewal period has passed, some domain names (as per TLD Registry Policies) enter a so-called Redemption Grace Period. A domain name which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain's renewal price. You can find the official information regarding the Redemption Grace Period on ICANN's page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm. If a Redemption Grace Period is applicable for a specific domain name, it will last between 30 and 42 days. After the Redemption Grace Period (or the renewal period - if RGP is not applicable) has passed, domain name(s) can be: provided to third parties; HAW Company may choose to auction the domain name(s); HAW Company may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.
a: Upon buying an allocated space on HAW Company servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including: (i) the accuracy and relevance of Customer Content and the content and material showcased on its store or products (ii) certainty that the Customer Content and the content and materials appearing on its store or products do not violate or infringe upon the rights of any person (iii) certainty that the Customer Content and the content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
b: The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
c: Each Customer guarantees to HAW Company that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not: (i) infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party (ii) break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers HAW Company to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. HAW Company is granted the right to assess the extent to which these operations need to be done.
If the customers fails to rectify an already reported violation of our Terms of Service, HAW Company reserves the right to delete the contents of his /public_html/ folder. Customers who have a /public_html/ folder smaller or equal to 100MB will receive a .zip file with the content of their website. Larger websites will be deleted.
Any case of indecent treatment towards a HAW Company employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with HAW Company employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards HAW Company employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing HAW Company or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. HAW Company keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
HAW Company is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below.
In order to file a complaint, please send an email to services@haw.company , specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.
Here are the steps for addressing every single complaint:
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.
To get in touch with our Customer Service - please use any of the options listed below: