1. Billing / Terms / Termination:
Hele.net will bill members monthly for service or on the coming to an
end. There will be a grace period of seven days after the payment
due
date. After 45 days of nonpayment, the account will be permanently
deleted. Hele.net reserves the right to terminate any account at any
time for any reason with or without cause, with a prorated refund given
to the customer for the unused remainder of the term.
Hele.net may change these terms and conditions and or change the
prices charged for these services and or discontinue the service
offered. Members use of Hele.net services constitutes members
acceptance of these terms and conditions.
The terms of this agreement shall be from month to month. This
contract may be terminated by member at any time within seven days of
the contract commencement date for any reason with or without cause.
The process to terminate service is explained in detail in the next paragraph.
Should the member terminate this contract within the seven day period,
the member shall receive a full refund except for the setup fee, which
is
non-refundable.
Termination of service by the customer must be done
via email to
sales@hele.net. Please submit your full name, username and the ID
validation number that was assigned when you opened the account.
Customers calling in to request termination will be advised to send the
request
via email before processing can occur.
This agreement shall remain in effect until the member or Hele.net
terminates the account.
Hele.net may occasionally require new registration and account
information to continue service. Hele.net reserves the right to change
the terms and conditions of this agreement by notifying members via
email at least 30 days in advance of the effective date of the change.
Members use of Hele.net after the effective date of the agreement
constitutes acceptance of the terms and conditions herein. If the
member does not agree to the terms and conditions, members may
cancel this agreement at any time by giving Hele.net proper written
notice.
2. Members Responsibilities:
All accounts are for single individual use only. Members agree not to
share the password or use of the account with others. No concurrent
multiple logins will be allowed or tolerated. Abuse of this term will
possibly result in immediate termination and will be issued a $20.00
service fee for each incident. All members will be responsible for all
backups of personal data left on the Hele.net server including web
pages and email left on server.
3. Quotas:
Each account has a quota of five megabytes of storage on our network.
Additional storage may be acquired at a rate of $1.00 per month per
megabyte. Hele.net will not be responsible for any refusal of data
storage after this quota is exceeded which includes but is not limited
to
loss of incoming email, loss of data, etc.
4. Limitation of Liability:
Hele.net makes no warranties of any kind, whether expressed or
implied for its services. In no case shall Hele.net or its officers be
responsible for any consequential or subsequent damages or loss
resulting either directly or indirectly from any activity on our network.
Hele.net is to be known as a "common carrier" and as such, Hele.net
is not responsible for the content, lack of content, accuracy or
inaccuracy of any information gathered from your use on our network.
All information is provided as-is without regard to fitness-of-purpose.
5. Access to Other Networks:
Members are expected to comply with all acceptable use policies of
any network you access through Hele.net. It is the member's
responsibility to find out about and comply with such policies.
6. Network Outages:
Due to the inherent instability of the Internet, Hele.net will not be
responsible for any consequential or subsequent direct or indirect
damages or loss resulting from any direct or indirect network outages.
The only relief a member may apply for is a prorated refund of the term
if there is a total downtime of the entire Internet feed and if such outage
extends beyond on 24-hour period. In this case, proration will be done
on an accrued whole day (24 hour) period only. Such refund will
automatically be applied as a credit extension of the existing term unless
otherwise arranged.
7. Serveability:
If any provision of this agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this
agreement shall remain in full force and effect.
8. Jurisdiction:
The validity, construction and performance of this agreement shall be
governed by the laws of the State of Hawaii.
9. Entire Agreement:
This agreement represents the complete agreement and understanding
of the parties with respect to the subject matter herein, and supersedes
any other agreement of understanding written or oral.
This agreement shall become effective immediately when member's
access to Hele.net is enabled.