Terms of Service
Terms of Service
This agreement documents the Terms of Service for web accounts provided by Hurricane Electric to the account holder.
1. The account holder is responsible for the actions of account users.
2. Any use which interferes with the server's ability to function in its primary purpose of publishing web documents is prohibited.
3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at Hurricane Electric or sent via Hurricane Electric, is prohibited.
4. Use of Hurricane Electric's facilities to provide software or lists for mass mailing unsolicited email is prohibited.
5. Use of Hurricane Electric's facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.
6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
7. Should the account holder become the target of a network attack, Hurricane Electric reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return server or network operation to normal.
8. Hurricane Electric will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.
9. Use of Hurricane Electric services, including the storage of information, is at the account holder's sole risk. Hurricane Electric does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Hurricane Electric's services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither Hurricane Electric nor anyone else involved in creating, producing, or delivering Hurricane Electric services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Hurricane Electric, the inability to use Hurricane Electric, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.
10. The account holder will indemnify and hold harmless Hurricane Electric against any loss, damage, cost and expense which Hurricane Electric may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Hurricane Electric's failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
11. If Hurricane Electric is informed of an alleged copyright or trademark infringement involving an account, Hurricane Electric will attempt to notify the account holder of those allegations and secure a response. Hurricane Electric may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Hurricane Electric believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Hurricane Electric for any such removal or termination. To inform Hurricane Electric of a possible infringement please send an email to copyright @ he.net
12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at Hurricane Electric's discretion. Hurricane Electric reserves the right to issue special invoices when the balance due will be more than $200 over the base monthly service fee.
13. Hurricane Electric may terminate service to the subscriber at any time, without notice, for violation of this agreement. Hurricane Electric will not be liable for any damages or harm to the account holder resulting from such termination.
14. The account holder may terminate their account at any time. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to billing@he.net, by postal mail or by fax.
15. Use of a Hurricane Electric account indicates acceptance of the terms of this agreement by the account holder.
16. This agreement shall be governed by and construed in accordance with the law of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.
