This document contains the terms and conditions for the use of services provided by HawkinsTechHosting. HawkinsTechHosting provides web hosting packages (otherwise referred to as ‘web hosting accounts’ or just ‘accounts’) on a paid basis to individual or corporate customers with a designated point of contact who are at least 18 years of age.
By completing the account sign up process, you are stating that you are eligible for an account under the terms stipulated above, and you agree to be bound by the terms and conditions listed in this document. Failure to comply with these terms and conditions may result in account suspension or termination, the determination made on a case-by-case basis at the sole discretion of HawkinsTechHosting.

1 Billing and Accounts Receivable
All prices mentioned on the HawkinsTechHosting site are in US dollars, except where otherwise noted. Prices are subject to change, but are guaranteed to remain unaltered through your paid billing period.
All billing and account related enquiries are to be submitted via the customer contact form or emailed to admin@HawkinsTechHosting.com.

1.1 Paying for Your Account
HawkinsTechHosting uses Paypal for payment processing.  A Paypal account is not necessary for payment.  Our Paypal payment gateway accepts Visa, Mastercard, Amex, Discover, Bank transfer, and Paypal funds.

All accounts are paid in 6 month increments. Invoice will be sent by email when payment is due.  Payment is due upon receipt.  If payment is not received within 15 days, HawkinsTechHosting will attempt to contact customer via the provided customer contact info.  If contact is unsuccessful and payment not received, your website may be disabled until payment is made.

1.2 Account Cancellation and Refunds
To cancel an account, it is compulsory for the account-holder to notify HawkinsTechHosting via web contact form or email at admin@HawkinsTechHosting.com.
Accounts cancelled within 30 days will have their hosting fees and setup fee (if applicable) refunded. Accounts cancelled after 30 days will receive a prorated refund based on remaining time in billing period, less any domain registration fees.  Any extra charges such as domain registration and SSL cannot and will not be refunded. In order to avoid fraud, all refunds will be issued within 30 days of the refund being approved.

1.3 Disputing A Billed Transaction
In case of a billing error, clients must contact HawkinsTechHosting via the contact form or email to admin@HawkinsTechHosting.com. If an error is found to be the fault of HawkinsTechHosting, a refund or account credit will be issued.
If a bank chargeback is initiated by the customer, your account, including any web sites and email accounts may be suspended without notice and all services will remain suspended until the dispute is resolved. Each chargeback initiated may incur an administration fee.

2 Account Services
HawkinsTechHosting provides web hosting services within the various limits specified by each web hosting plan. In order to offer these services, we must at times take action to prevent some customers from interrupting or restricting services to other users.

2.1 Backups
HawkinsTechHosting backs up all server configurations on a regular basis, however, this does not extend to backups of account web data, databases or email. We encourage all customers to back up their web sites and databases on a regular basis, and can assist in setting up regular backup plans.
HawkinsTechHosting, will provide help and assistance, where it can, to recover any lost data, but accepts no responsibility or liability for any permanent or temporary data loss.
It is strongly advised that each customer retain a copy of each and every file before uploading it to any HawkinsTechHosting server, and to keep a safe, up to date backup at all times on their own machines.

2.2 Log Files And Other Volatile Data
To maintain server performance, HawkinsTechHosting may, from time to time, delete any log files or temporary data from its servers. There is no set time period in which this process will take place.
Customers are advised to make copies of any log or temporary files they wish to retain.
HawkinsTechHosting accepts no responsibility or liability for loss of log or temporary files.

2.3 Site Statistics
HawkinsTechHosting provides access to a real-time graphical statistics application for each domain hosted. Due to the involvement of third-party components and the complexity of the links between domains, accounts and the statistics server, statistics may be unavailable from time to time.
As with any other account data, HawkinsTechHosting accepts no responsibility or liability for loss of historical statistical data.

2.4 Bandwidth Usage
As the need arises, HawkinsTechHosting will upgrade the overall bandwidth available to accommodate the growing needs of our users. However, if any site or account produces abnormal (as decided by HawkinsTechHosting) amounts of web site, email or any other traffic, HawkinsTechHosting will take action to throttle or disable access.
If an account is found to be using excessive bandwidth, the account holder will be contacted, and required to (at the discretion of HawkinsTechHosting) either upgrade their account or pay a bandwidth usage charge as per the pricing scheme on the HawkinsTechHosting web site. HawkinsTechHosting reserves the right to cancel or suspend any account for which bandwidth usage cannot be negotiated in a reasonable (as defined by HawkinsTechHosting) period of time.

2.5 Web Space Usage
HawkinsTechHosting provides limited web space to store files and other data. This limit is set by your account size.
If an account is found to be using more than their allocated web space, the account holder will be contacted and required to, at their option, reduce their used space or upgrade their account. HawkinsTechHosting reserves the right to cancel or suspend any account for which web space usage cannot be negotiated in a reasonable (as defined by HawkinsTechHosting) period of time.
Please note that log files, email and database size(s) are included in your overall allowed web space, if any of these are the cause of the overage, HawkinsTechHosting will be happy to assist in deleting or otherwise reducing the overall usage of your account.

3 Customer Support
It has been the goal of HawkinsTechHosting since its founding to provide top-quality customer support and satisfaction. This section clarifies our role in providing a web hosting service.
There are various features such as ASP, ODBCs, PHP, etc. that we provide to our users. Due to the complex nature of supporting such services, we are unable to support users in learning how to take advantage of them. Our support team will ensure that the settings are correct on our servers, but we may be unable to assist users in setting up their own files and applications.
At the discretion of HawkinsTechHosting, we are able to provide some advanced support services. Depending on the scale and complexity of the work, a support fee may apply, with details provided on application.

4 Acceptable Use

4.1 Web Usage
HawkinsTechHosting endeavours to provide a safe Internet environment for our users, and members of the public. As an extension of this policy, HawkinsTechHosting strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:
• Commercial software, made available without the consent of the copyright holder.
• Music (such as MP3s, etc.) made available without the consent of the copyright holder.
• Other material that would be illegal to distribute.
• Documentation on hacking, software piracy, counterfeiting, bomb making, etc. posted with the intent of fostering criminal activity.
• Sites promoting hate crime toward any group.
As well as any other material that would be illegal in the jurisdiction in which the web server is located, and any other material deemed unsuitable by HawkinsTechHosting.
Any site hosted by HawkinsTechHosting which breaches these terms will be stopped in expectation of a site cleanup. An administrative fee may be charged in order to reactivate the site, once this cleanup has taken place.

4.2 Email Usage
No email address provided by HawkinsTechHosting shall be used to send ‘spam’ or unsolicited mass email messages (of a personal or commercial nature). Any account found in violation of this will be suspended and all web sites and email services stopped.

5.   Acceptable usage and content policy

All customers of HawkinsTechHosting web hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.

HawkinsTechHosting strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:

·         Offensive adult oriented material, such as pornography, and/or other offensive material as deemed by HawkinsTechHosting.

·         Any material that is not suitable for minors.

·         Material that is considered illegal by any governing body.

·         Warez (commercial software made available for free over the internet).

·         Illegal mp3 files.

·         Other illegally obtained or distributed software and/or files.

·         Documentation on hacking, software piracy, counterfeiting, bomb making, etc., posted with the intent of fostering criminal activity.

·         Any other questionable material, as determined by HawkinsTechHosting.

·         Any material, which is meant to harm, bash, offend, or pull down another group, be it political, religious, racial, sexual, or otherwise.

·         Sites promoting or fostering hate crimes toward any other group.

Any site hosted by HawkinsTechHosting which provides offensive adult services, as deemed by HawkinsTechHosting, will be stopped in expectation of a site clean up, there shall be a minimum service charge of $75 to reactivate the site and work done on confirmation of acceptance, of site content, and further charges at the rate of $60.00 per hour after the first hour. There will also be a charge of $0.50 per MB of data transfer if the site accumulates data during that period. HawkinsTechHosting will not tolerate offensive adult web sites.

No email address provided by HawkinsTechHosting shall be used to send 'Spam,' or un-solicited mass email messages. Any account found in violation of this will be cancelled immediately.

Any activity that overloads our servers and/or hides access to sites hosted by HawkinsTechHosting will not be permitted nor tolerated. This includes, but is not limited to:

·         Providing email service to large numbers of people not affiliated with you or your company (i.e., running a service similar to iname or netaddress)

·         Any other usage of provided system resources, which would constitute abuse in any form

·         Any such activity can and will result in the immediate termination of your account.

If you are unsure of anything that you would like to place on your web site, please contact us regarding this matter before you sign up. This will relieve stress and time on both sides.

We reserve the right to cancel any account at any time for any reason deemed necessary by the management of HawkinsTechHosting.

We reserve the right to change the terms of this acceptable usage and content policy at any time for any reason deemed necessary.

If you know of any account that is abusing these practices, please email admin@hawkinstechhosting.com and describe the abuse, and provide us with the url or email address of the party you are reporting, if at all possible.

6. Policy on Spam and UCE

All customers of HawkinsTechHosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.

Any HawkinsTechHosting customer who abuses the resources of the internet in any of the following ways will permanently lose their access to the HawkinsTechHosting network. These include:

·         Excessive posting of email to Internet users who previously have not indicated a desire to receive such email

·         Posting messages to multiple Internet newsgroups, which are not immediately relevant to the topics of the newsgroups

·         Posting advertisements on groups that don't specifically permit advertising. (How do you know? watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Don't advertise unless you are sure.)

·         Using the HawkinsTechHosting network for any illegal purpose.

There are literally thousands of advertising and marketing resources that are effective and either low, or no cost. These include classifieds on every one of the thousands of malls on the internet, your HawkinsTechHosting web space, registering with search engines, appropriate usenet postings, and many other completely legitimate methods of appropriate advertising. We are not saying you can't advertise on the Internet. What we are saying is that we will cancel the account of any subscriber who uses HawkinsTechHosting services to advertise inappropriately; primarily meaning, using unsolicited mass mailings, and spamming the usenet.

We’re aware of the many ways that someone can hide their identity on the Internet, and rest assured that a person's access would not be terminated until we are sure that they indeed are responsible for the abuse that appears to be coming from them. Hopefully this document should answer all of the questions of existing subscribers.

Any subscriber that violates the Spam policies of HawkinsTechHosting will be charged $150.00 per hour for the time it takes us to 'clean-up' your Spam. This shall include but not be limited to the time required to answer mail from angry recipients of your Spam and/or repair of a damaged server due to the 'mail bombing' or other actions of the angry recipients in retaliation to the Spam. Please note also that it is now considered a crime in many parts of the world, to send UCE (unsolicited commercial email) as it falls into the category of 'junk faxes.' HawkinsTechHosting will turn over names and personal information of any person who violates this law to the appropriate state / federal officials for further legal action.

If you have any further questions regarding our policy on Spam/UCE, please email us at admin@hawkinstechhosting.com 

7.   Disclaimers and limitation of liability

The information and services included in or available through the HawkinsTechHosting web site or sites or products related to the HawkinsTechHosting service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The HawkinsTechHosting management may make improvements and/or changes to its service at any time.

HawkinsTechHosting does not claim in any way that the web hosting services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. HawkinsTechHosting does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable.

By completing the account sign up form and clicking the submit button you specifically agree that HawkinsTechHosting shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that HawkinsTechHosting is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that HawkinsTechHosting is not responsible for any content sent using and/or included in the services provided by them, by any third party.

HawkinsTechHosting AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HawkinsTechHosting AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL HawkinsTechHosting AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HawkinsTechHosting OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

8.   Indemnification

You agree to indemnify and hold HawkinsTechHosting, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them.