The relaying or posting of offensive, harassing, hostile, or abusive language through Hawke Internet's networks is prohibited.

Paedophilic and pornographic material is not permitted on our servers.  Adult content may be permitted at our sole discretion. Customers are required to check with ourselves before publishing such material.

Background programs including but not limited to IRC bots, eggdrops, BitchX, Xircon, and others which interfere with server operations are prohibited.

Although Hawke Internet permits the use of CGI and PHP on all virtual accounts, we must control CPU usage on individual accounts on a shared server. Since our servers are shared by many of our clients' accounts we cannot allow a few customers to utilize all of the resources on that server - which leads to others suffering from lack of resources. When CPU usage is excessive by a few customers this leads to slowdowns of FTP, site actions and much more - all of which may result in errors and failure in accessing the sites on that server. Accounts found in violation of this term will be warned once. The email warning will notify you that too much CGI and/or PHP is running and invite you to reduce the usage or to upgrade the account. Your CGI/PHP Script will be DISABLED if the usage is not reduced within 24 hours of the email warning being sent. Excessive usage is any amount that leads to extensive and considerable degradation and deprivation of server performance. Hawke Internet is the sole determinant of what constitutes degraded server performance.

All scripts (e.g. UBB, YABB) that make heavy use of flat files are prohibited.

The customer agrees NOT to disperse, transmit, or exhibit any material of the following nature through any Hawke Internet server whether themselves or through a third party.

Exporting encryption software on the internet to destinations outside the U.S. is prohibited.

Accessing another party's computers or networks without authorization to do so is prohibited. Any activity intended to facilitate system invasion - such as port scan, stealth scan or any other info gathering action - is prohibited. Any access to any part of our servers, files, content or similar is prohibited and if this should happen, immediate cancellation of the offender's account will occur without any refund of any payment made to Hawke Internet regarding any of our hosting or other services.

Hawke Internet is required to eliminate or block access to a customer's site upon receiving proper notification of copyright violations. The following activities are prohibited under this law: violating property rights of others including but not limited to copyrights, patents (held by individuals, corporations or others), service marks, software piracy, trademarks, trade secrets; violation of privacy and personal rights.

A customer may only use software from a third party that is properly licensed and is associated with the customer's use of service. Customers are not permitted to use, store or distribute any illegal software, music or movies on or from any Hawke Internet server.

Hawke Internet's own software (HawkeLister, HawkeEditor etc) is supplied on licence. The end-user buys a licence to use the software and is not granted any rights of ownership of the said software. The licence fee includes all future upgrades and is a 'lifetime' licence as long as the user remains a customer of Hawke Internet and the relevant website remains live and is hosted on Hawke Internet servers.   A 'lifetime' licence automatically terminates upon non-renewal of the linked website's hosting account on Hawke Internet servers or non-renewal of registration of the linked domain name or when the user ceases to be Hawke's hosting client. Hawke Internet does not allow its software to be installed on non-Hawke Internet servers.

Hawke Internet does not accept liability for any special, accidental, indirect or consequential damages resulting from the utilization of, or inability to utilise its software products. The author/programmer/owner of such software is not liable for any harm in business, loss of revenue or data caused using such programs. Because of the human error factor, threat of wrong maintenance, viruses etc., the author/programmer will not be liable under any circumstances for any harm to any business that used such programs, howsoever caused.

Hawke Internet enforces a strict "No SSH" policy. We will also instantly suspend any account that uses a script which can be used to elevate privileges or enable SSH services. In the event that this occurs, no refund will be payable to the account holder or payee.

We do not allow  mass email marketing sites on our servers - even if they should be 'opt-in' email marketing systems or run as 'safe lists' or 'free email' systems. All spamming is prohibited. We reserve the right to terminate any site, that we consider harmful to the server's performance or in breach of the above. In such event there will be no refund of any fees already paid.

We do not allow any reseller clients to sell unlimited disk space or unlimited data transfer to any of their customers. All accounts created must state an amount of space and bandwidth allocated. Hawke Internet reserves the right to refuse service, or discontinue any service to those customers who use their account to promote any type of unlimited disk space and/or unlimited data transfer hosting accounts. Breach of this condition will result in their account being discontinued.

Hawke Internet allows its customers to oversell their resources within their WHM accounts. However we expect our customers to be realistic and responsible when overselling. It is your responsibility to ensure that your WHM has enough space for growth. Upgrades are available, but due to server restrictions may not always be possible. If we feel that the overselling within one of our customer WHM accounts is too great, then we retain the right to limit further growth on that account while we consult with the client about an upgrade of their service. This policy is designed to protect all customers and it also prevents the abuse of resources through the use of overselling which may cause harm to others on the same server. Hawke Internet also reserves the right to decide what amount of "overselling" is permissible on any one account.

Due to increased instances of hacking, spamming and abuse, we no longer provide, or allow our customers to provide "free trial accounts" or "demo accounts" . Any customer found to be offering a free trial account or demo account will have their account suspended until the matter is resolved to our satisfaction.

We will not tolerate spamming of any kind. Hawke Internet reserves the right to terminate without notice or warning any account that violates this rule. In such event, no pre-paid fees etc will be refunded. Use of Hawke Internet's services signifies acceptance and comprehension of this and every other Term of Service. Hawke Internet at its option may charge a non-refundable NZ$100.00 per spam complaint that it receives. Hawke Internet reserves the right to determine what is considered spam and to conclude from the evidence presented if the e-mail recipients were from an "opt-in" e-mail list.  Inter-alia, the following forms of spamming are prohibited:

Please refer to "Basic Mailing List Management - Principles for Preventing Abuse" (below) for acceptable ways of using mailing lists.

Hawke Internet may be able to restore files which are archived routinely by Hawke Internet. However, we do not guarantee in any way the existence, accuracy or regularity of this service. The customer is responsible for maintaining all necessary back-up files on a regular basis.  When we may restore files at the client's request, a charge of not less than NZ$100 will be levied as a contribution towards staff time and other expenses.

The customer will inhabit only the amount of disk space on Hawke Internet servers and use only the bandwidth allowed by Hawke Internet according to the account chosen. Exceeding the disk space and/or bandwidth allowance will result in additional fees and charges. Bandwidth is made available on an 'as needed' basis, up to the maximum allowed in the hosting package purchased by the client.

Mailing lists are an excellent means of dispersing information, provided that they are used correctly. The following points are intended as a guide to the correct use of mailing lists. (Please ensure that you read the spamming terms above). If you have any questions or wish to check the legitimacy of your mailing list, please contact us.

Proposed changes to the Terms of Service by a customer will NOT be binding unless agreed in writing and counter-executed by both parties. Variation in prices is to be confirmed in writing (either by mail or email) by both parties. Hawke Internet reserves the right to make additions and modifications to the Terms of Service without prior notice at which time there will be a post at http://www.hawkeinternet.com or clients will receive direct notification by email. The customer's continued use of Hawke Internet services signifies the customer's agreement to the updated Terms of Service.

Hawke Internet shall not be liable to any third party, in any manner or degree, for any breach or alleged breach of any term or condition by the customer. The customer agrees to professionally defend, and indemnify Hawke Internet for all damages, expenses, liabilities, losses or claims of any third party resulting from the customer's breach or alleged breach of any kind.

Payments for domain registration or renewal and payments for web hosting are due on or before the day that services are contracted or provided and/or renewals thereof are due. All hosting plans are provided once the account holder has paid for their plan or package and their payment has cleared to Hawke Internet's account.

Hawke Internet does not offer credit facilities and all overdue accounts may be subject to an administration fee of NZ$ 50 per month or part thereof plus interest charges at the rate of 3% (three percent) per month or part thereof, effective from the date that the payment became due, or to suspension or termination at Hawke Internet's sole discretion. Termination of an account means that all files, folders and other information will be deleted from our servers. The customer will additionally be responsible for any penalties applied by any domain name registrar or registration controlling body.

Stage payments may be required for all web development work and ownership of websites developed for clients and/or domain names registered for clients shall remain vested wholly in Hawke Internet until the final payment for the entire project has been received and cleared to Hawke's account. Only then will ownership transfer to the client.
 
Hawke Internet prefers secure credit/debit card payments via PayPal or other intermediary, but will also accept direct bank transfers, bank drafts etc. If you have other billing/payment needs please contact us. Hawke Internet reserves the right to suspend or terminate any account without notice if the customer fails to make payments in a timely manner. The customer is and shall be held responsible for all outstanding amounts due to Hawke Internet and Hawke Internet shall have the right of ownership of any and all websites developed and any and all domain names registered for a client, and any other of the client's assets in its care until payment of all outstanding amounts due has been cleared to Hawke Internet's account.
 
Hawke Internet will make all reasonable attempts to notify the account holder via email prior to the suspension or termination of their account, but it is the account holder's responsibility to ensure that their account payments and their contact details are maintained up-to-date at all times.

Hawke Internet at its sole discretion reserves the right to terminate its supply of services to any customer if they are in violation of these Terms of Service. Hawke Internet reserves the further right to refuse services to anyone, at its own discretion and without explanation.

No refunds will be made in the event of any cancellation of an account by the customer. If a customer should wish to reinstate a cancelled account they may do so at Hawke's sole discretion within five days of cancellation and at current rates. The customer will be billed a NZ$75 administration and reinstatement fee prior to the reinstatement of their account. Once cleared funds have been received, the customer's account will normally be reactivated within 24 hours.

We reserve the right to suspend an account at any time. Reasons for suspension include, but are not limited to: breach of our Terms of Service, our inability to contact our client, lack of client details being maintained and updated, non payment of monies due, overdue payment, excessive CPU usage.

We wish you to be satisfied with the service that you receive. If for any reason within the first seven days you are not satisfied and wish to terminate your account, you may do so and we will provide you with a full refund (excluding setup costs and fees for any additional features). Please remember to retrieve any data that you may need prior to cancelling, as your account will be terminated immediately.

All payments to Hawke Internet that have been serviced are non-refundable. We offer no refunds other than our money back guarantee, regardless of the reason for any cancellation, deactivation etc. Overcharges and disputes of billings MUST be reported within seven days of the date of the charge or billing. Refunds will be granted at the sole discretion of Hawke Internet.

It is the customer's responsibility to ensure that they are up to date with the latest developments in the industry. Customers also are responsible for ensuring that their personal details such as their address, telephone number and email address(es) as provided to Hawke Internet are kept up-to-date. These details should be current at all times so that they may be used to contact the customer. Hawke Internet makes every effort to contact clients when necessary, but in the event that there should be a loss of service, interruption of service or similar, Hawke Internet will not be held responsible if the customer cannot be contacted because their personal details have not been kept up-to-date.

Hawke Internet offers a service to register and administer domain names on behalf of its customers. When a customer/registrant accepts our offer, it is agreed that we shall not be held responsible for any infringement of registered trademarks etc. and the customer/registrant of any such domain name infringement will indemnify Hawke Internet against any responsibility for such infringements of trademark etc. When a customer/registrant chooses to register a domain name using our service, the customer/registrant agrees with all of our terms and conditions as stated within our Terms of Service. The customer/registrant also agrees to be bound by the terms and conditions of the registering company. In no circumstances whatsoever are domain name registration fees refundable. Once we have processed a domain name, it is irreversible. In the event of any query, please contact us.

The customer is responsible for paying all applicable taxes and the customer indemnifies Hawke Internet in respect of any and all taxes relating to the customer's use of our services (including collections and withholding taxes).

In the event of a customer initiating or requesting a charge-back we reserve the right to terminate the account(s) or reseller plan and all its accounts immediately. No back up of sites will be provided unless the customer pays a fee of NZ$100 (additional to the charged back amount) for each account or reseller plan affected by each individual charge-back. This fee is required to cover (inter-alia) administration costs and the bank fees and handling payable by Hawke Internet in the event of a customer making a charge-back.

We reserve the right to refuse service to anyone who has previously requested a charge-back from us and also to remove any other accounts held by them on our servers.

Hawke Internet provides 24 hour email support. Telephone support is available in emergencies only.