The use of services from Tradehawaii Group [hereafter referred to as "Tradehawaii Group"] constitutes agreement to these terms.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers

Our transfer team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content

All services provided by Tradehawaii Group may only be used for lawful purposes. The laws of the United States of America apply.

The customer agrees to indemnify and hold harmless Tradehawaii Group from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@Tradehawaii.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@Tradehawaii.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found hosting child pornography or linking to child pornography will be terminated immediately without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. 

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read mail policy for our generalized mail policy.

servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Tradehawaii Group reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Tradehawaii Group reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Tradehawaii Group.

4.) Payment Information

You agree to supply appropriate payment for the services received from Tradehawaii Group, in advance of the time period during which such services are provided. You agree that until and unless you notify Tradehawaii Group of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. 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 Tradehawaii Group, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Tradehawaii Group provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $35 late fee and/or an account suspension until account balance has been paid in full. At the discretion of Tradehawaii Group an account restore fee of $50.00 may be required.

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 sales@Tradehawaii.com

Tradehawaii Group reserves the right to change the monthly payment amount and any other charges at anytime. And will provide client notification before the new rate take effect.

5.) Backups and Data Loss

Your use of the service is at your sole risk. Tradehawaii Group is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Tradehawaii Group servers.

6.) Cancellations and Refunds

Tradehawaii Group reserves the right to cancel the account at any time with or without notice.

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 form. Tradehawaii Group gives you an unconditional 30 day money back guarantee on all services provided. There are no refunds on administrative fees, install fees for custom software, setup fees or domain name purchases. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

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 waive the refund policy.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be

carried over to the next month.

8.) Money back Guarantee

Tradehawaii Group gives you an unconditional 30 day money back guarantee on all services provided. We also reserve the right to refund a prorated amount or no refund at all.

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. Remember, this is only for monthly hosting fee, there are no refunds on administrative fees, install fees for custom software, setup fees or domain name purchases.

9.) Uptime Guarantee

If your shared has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Tradehawaii Group dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@Tradehawaii.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions.

10.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Tradehawaii.com, and the right to increase the amount of resources given to plans at any time.

14a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Tradehawaii Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tradehawaii Group, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tradehawaii Group against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tradehawaii Group; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Tradehawaii Group's server.

14b.) Arbitration

By using any Tradehawaii Group services, you agree to binding arbitration. If any disputes or claims arise against Tradehawaii Group or its subsidiaries, such disputes will be handled by an arbitrator of Tradehawaii Group's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer

Tradehawaii Group shall not be responsible for any damages your business may suffer. Tradehawaii Group makes no warranties of any kind, expressed or implied for services we provide. Tradehawaii Group disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Tradehawaii Group and its employees.

Tradehawaii Group may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

17.) Changes to the TOS

Tradehawaii Group reserves the right to revise its policies at any time without notice.