Hosting Terms and Conditions
Updated June 30, 2008

Herinafter, AlohaServe shall be construed to mean AlohaServe.net and its owner or owners. Client, customer or subscriber shall be construed to mean hosting subscriber,  hosting client or a customer purchasing products and/or services from AlohaServe.

AlohaServe agrees to provide the client web hosting for a monthly, quarterly, semi-annual or annual fee. AlohaServe will never require clients to advertise for AlohaServe on their website in any way shape or form unless agreed upon such as for a non-profit organization receiving complimentary hosting. Clients are allowed to use the hosting service for business/commercial or personal websites or content. AlohaServe reserves the right to change this agreement at any time without notice.

Content
All services provided by AlohaServe may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statute. The subscriber agrees to indemnify and hold harmless AlohaServe from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Content or Links

Pornography or other adult related content
Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software
VIP Poster
HYIP scripts
Proxys (including proxy link websites)

Violation of indecency and obscenity laws can result in criminal penalties.

Background Running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above or below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, AlohaServe reserves the right to disable the account pending client cooperation and resolution.

Intellectual Property Rights
Material accessible to you through AlohaServe's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the AlohaServe Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the AlohaServe Network. If you use a domain name in connection with the AlohaServe Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
AlohaServe reserves the right at its sole discretion to refuse or cancel service. Violation of any of AlohaServe's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of their hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail
You must not use the AlohaServe Network, AlohaServe equipment or any AlohaServe email service in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain or server IP address may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the AlohaServe Network, AlohaServe equipment or any AlohaServe email service. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have committed spamming, AlohaServe reserves the right to disable your domain without warning. In addition, AlohaServe may impose a $50 penalty for each spam policy violation. AlohaServe solely reserves the right to refuse or cancel service to known spammers. Lastly, AlohaServe reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to an AlohaServe server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold AlohaServe (and its employees/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against AlohaServe, 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 also agrees to defend, indemnify and hold harmless AlohaServe against liabilities arising out of: (1) any injury to person or property caused by any product sold or otherwise distributed in connection with AlohaServe hosting services, products or other service; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of AlohaServe to the amount paid for service or product.

Free Domain Offers
When this offer is being run and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosted with us for a minimum of 3 months. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 3 months you will be required to pay the full price of the domain name before your account can be cancelled.

Refund and Cancellation Policy
For payment, AlohaServe accepts Visa, MasterCard, Discover or American Express via PayPal. AlohaServe sends out invoices exclusively via e-mail. AlohaServe does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-defined packages by AlohaServe that is listed on our site. You may cancel for any reason.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to AlohaServe.

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

No refunds on SSL certificate installations, dedicated IP addresses or domain registrations.

Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.

You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it to arrange payment.

Cancellation
You must use only one of following methods to deliver a official written notice of cancellation:
Please fill out the entire Cancellation Form. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer
AlohaServe will not be responsible for any damages your business may suffer. AlohaServe makes no warranties of any kind, expressed or implied for services we provide. AlohaServe disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by AlohaServe and its employees. AlohaServe makes a 99.9% Uptime guarantee.

AlohaServe keeps daily backups of their servers. AlohaServe can accept no responsibility for any loss of data or consequences arising from this. AlohaServe always advises clients to back up their site data regularly for its own protection.

AlohaServe furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of AlohaServe. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with AlohaServe then AlohaServe will not be responsible for maintaining hosting for the resellers customers.

Finally, AlohaServe wishes to emphasize that in accepting services, customers indemnify AlohaServe for the violation of any law or AlohaServe policy, that results in loss to AlohaServe or the bringing of any claim against AlohaServe. This means that if AlohaServe is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against AlohaServe, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

AlohaServe reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

IP limits
Due to a worldwide shortage of IP addresses each dedicated IP must be requested via the dedicated IP request form and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $10 for each order.

Server Limits
25% CPU and or RAM for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
PHP upload limit of 15 MB.
Max PHP session time of 300 seconds or less.
Limits are subject to change at anytime.