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Terms of Service

The following terms and conditions govern all use of the services and products available at or through the website, including, but not limited to, the CronImp plugin, Secure Hosting Hawaii (taken together, the Website). The Website is owned and operated by Secure Hosting Hawaii, Inc. (“Secure Hosting Hawaii”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Secure Hosting Hawaii’s Privacy Policy) and procedures that may be published from time to time on this Site by Secure Hosting Hawaii (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Secure Hosting Hawaii, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Secure Hosting Hawaii.net Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Secure Hosting Hawaii may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Secure Hosting Hawaii liability. You must immediately notify Secure Hosting Hawaii of any unauthorized uses of your blog, your account or any other breaches of security. Secure Hosting Hawaii will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  • Fees and Payment. Optional premium paid services such as extra storage, domain purchases or  hosting are available on the Website. By selecting a premium service you agree to pay Secure Hosting Hawaii the monthly or annual subscription fees indicated for that service (the payment terms for  hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Hosting Services.

    • Fees; Payment. By signing up for a hosting account you agree to pay Secure Hosting Hawaii the setup fees and monthly hosting fees indicated at http://securehostinghawaii.com in exchange for the services listed at http://securehostinghawaii.com. Applicable fees will be invoiced starting from the day your Hosting Services are established and in advance of using such services. Secure Hosting Hawaii reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Secure Hosting Hawaii.
    • Support. Premium Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Secure Hosting Hawaii to respond within one business day) concerning the use of the Premium Services. “Priority” means that support for Premium Services customers takes priority over support for users of the standard, free WordPress.com blogging services. All Premium Services support will be provided in accordance with Secure Hosting Hawaii standard Premium Services practices, procedures and policies.
  • Responsibility of Website Visitors. Secure Hosting Hawaii has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Secure Hosting Hawaii does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Secure Hosting Hawaii disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  • Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. Secure Hosting Hawaii does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Secure Hosting Hawaii does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Secure Hosting Hawaii disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
  • Copyright Infringement and DMCA Policy. As Secure Hosting Hawaii asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Secure Hosting Hawaii in accordance withSecure Hosting Hawaii’s Digital Millennium Copyright Act (“DMCA”) Policy. Secure Hosting Hawaii will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Secure Hosting Hawaii or others, Secure Hosting Hawaii may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Secure Hosting Hawaii will have no obligation to provide a refund of any amounts previously paid to Secure Hosting Hawaii.
  • Intellectual Property. This Agreement does not transfer from Secure Hosting Hawaii to you any Secure Hosting Hawaii or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Secure Hosting Hawaii. Secure Hosting Hawaii, SecureHostingHawaii, SecureHostingHawaii.com, the Secure Hosting Hawaii.com logo, and all other trademarks, service marks, graphics and logos used in connection with SecureHostingHawaii.com, or the Secure Hosting Hawaii are trademarks or registered trademarks of Secure Hosting Hawaii or Secure Hosting Hawaii’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Secure Hosting Hawaii or third-party trademarks.
  • Changes. Secure Hosting Hawaii reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Secure Hosting Hawaii may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Termination. Secure Hosting Hawaii may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Secure Hosting Hawaii if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Secure Hosting Hawaii’s notice to you thereof; provided that, Secure Hosting Hawaii can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • Disclaimer of Warranties. The Website is provided “as is”. Secure Hosting Hawaii and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Secure Hosting Hawaii nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  • Limitation of Liability. In no event will Secure Hosting Hawaii, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Secure Hosting Hawaii under this agreement during the twelve (12) month period prior to the cause of action. Secure Hosting Hawaii shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  • General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Secure Hosting Hawaii Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  • Indemnification. You agree to indemnify and hold harmless Secure Hosting Hawaii, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  • Miscellaneous. This Agreement constitutes the entire agreement between Secure Hosting Hawaii and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Secure Hosting Hawaii, or by the posting by Secure Hosting Hawaii of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Secure Hosting Hawaii may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

2 Comments

  1. Comments  M.Andruss   |  Saturday, 07 May 2011 at 2:58 pm

    This is excellent. I come here all the time and it’s post like this that are the reason. 🙂 Keep up the great writing.

  2. Comments  John   |  Friday, 05 February 2016 at 11:19 am

    Hi,

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    Note: We have list of Magento 2 software users.

    Look forward for your response.

    Regards,
    John Adams
    Marketing Manager
    Acute Marketing Solutions Inc.

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