This site (“Haphost”) is operated by Digital Energy Technologies Ltd. The term "you" or "your" includes any of your subsidiaries, affiliates, employees, agents, customers, contractors or entities you represent (“End Users”).
You agree to comply with this Agreement, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Agreement", “Terms of Service”, “TOS”, or “Customer Agreement”). This Agreement takes effect when you order a Product or Service provided by us through this Site (“Haphost”) or click any “I Accept”, "Accept", "I Agree", "Agree" button or check box or when you use any of our Haphost Services.
1. We may change or modify the Terms of this Agreement from time to time without notice other than by notifying you by email or on your invoice. The amended terms will become effective on the date stated in the email or invoice message. Your continued use of the Haphost Services after the effective date of any changes to the Terms of this Agreement shall constitute your consent to the changes and your agreement to be bound by the modified terms. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Haphost Services, the Terms, or the Site. We last modified this Agreement on the date listed at the end of this Agreement.
1. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
2. Setting Up Your Account. To access the Services, you must create an account associated with a valid e-mail address and place an order for a Service Offering. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or if your account information is lost or stolen. As you place your order for Haphost Services and set up your account, the following requirements apply:
2.1. You may only create one account per customer name and/or company name (if applicable) and all your provided information including but not limited to your name, address, company name (if applicable), IP address, email address and up to date contact information must be real.
2.2. Providing false information may result in immediate termination of all your accounts without refund.
2.3. Opening multiple accounts will result in termination without refund.
3. The support we generally provide to you and other users of the Services without charge is as follows:
3.1. TICKET SYSTEM SUPPORT ONLY. This insures that communication can be tracked and documented. Support through our ticket system is generally available 24/7/365 on a first come, first serve delayed basis.
3.2. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services without refund or notice.
3.3. Swearing, threats, and other abusive language is not acceptable and may result in account termination without refund.
4. Third Party Content. Your use of any Third Party Content or software applications is at your sole risk.
1. Haphost Services. We may change or discontinue any of the Haphost Services or change or remove features of the Haphost Services at any time without notice prior to the change.
2. Service Level Agreement. Our current Service Level Agreement (SA) is as follows:
2.1. UNMANAGED SERVICES ONLY. Our 24 hour on site staff will respond to tickets regarding server hardware and service disruption issues only on a first come, first served basis. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install.
2.2. We strive to and anticipate that our Service will be available to you most of the time.
2.3. A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in our networking or power infrastructure.
2.4. Disruptions caused by the hardware or software of the server itself are not covered by this SA.
2.5. Disruptions caused by planned or unplanned maintenance are not covered by this SA.
2.6. Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SA.
3. Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
1. You are solely responsible for the development, maintenance, use and backup of Your Content. You must confirm and monitor compliance of your content with the Acceptable Use Policy, the law, and any claims that your content infringes on any person’s rights.
2. Backup and Security. You are solely responsible for configuring and using the Haphost Services. You are solely responsible for taking any and all steps to maintain security, protection and backup of your content. We recommend that you routinely archive your content and data on a daily basis in order to protect it in case of equipment failure or accidental loss caused by equipment, network, human error, or power outage. Your failure to maintain a routine backup schedule to a remote backup location could result in a total loss of your data.
3. Any action that you knowingly or unknowingly permit any person or entity to take related to this Agreement or your content or use of the Service shall be deemed an act by you.
4. Acceptable Use Policy. You may not use, or encourage, promote, facilitate or instruct others to use, the Haphost Services or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. We do not voluntarily participate in any government mass collection of data and we do not ever plan to. Prohibited activities or content include:
4.1. Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating or promoting child pornography, are prohibited. You may not use Haphost Services in the commission of any crime that violates the laws of any local, state, and federal government of the country the Services are located. Violations of this provision may result in us making your information and information about your service and your use of our Haphost Services available to law enforcement with or without your consent or knowledge.
4.2. Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices.
4.3. Infringing Content. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
4.4. Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, expresses bigotry or hatred, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group. Content including nude art, pornography, sex-related merchandising and links to such sites elsewhere that are permitted by the laws in the country the Services are located and comply with acceptable use.
4.5. Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software and texts or communications that educate or encourage this activity and/or use are also prohibited.
4.6. Security Violations. You may not use Haphost Services to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a “System”).
4.7. Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
4.7.1 Monitoring or crawling of a System;
4.7.2. Denial of Service (DoS) - inundating a target with communication requests;
4.7.3 Interfering with the proper functioning of any System, including mail bombing or flooding techniques;
4.7.4 Operating network services like open proxies, open mail relays, or open recursive domain name servers;
4.7.5 Using manual or electronic means to avoid any use limitations;
4.7.6 Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue;
4.7.7 You may not upload ROMs and Emulators;
4.8. E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail (UCE) or other messages, promotions, advertising, or solicitations (like “spam”). You will not alter or obscure mail headers or assume a sender’s identity. You will not collect replies to messages sent from another internet service provider. You will not reference Us in any unsolicited email that you send.
4.8.1. Monitoring and Enforcement. We reserve the right, but do not assume the obligation, to investigate any violation of the Acceptable Use Policy. We may:
126.96.36.199 Investigate violations or misuse of the Haphost Services or Site; or terminate Service without warning, notice or refund; or remove, disable access to, or modify any content or resource; or restrict any account to Credit Card only payments; or examine the contents of any account at any time that violates the Acceptable Use Policy or this Agreement.
188.8.131.52. Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies to help with the investigation and prosecution of illegal conduct.
4.8.2. Reporting of Violations of the Acceptable Use Policy. If you become aware of any violation of the Acceptable Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use our Abuse system.
1. Service Fees. All Services are prepaid at the time of order. We will bill you monthly thereafter if not selected differently while ordering Services. We may invoice you more frequently if we believe that your account may be fraudulent or at risk of non-payment. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding. Fees for any new Service will be effective when we post updated fees on the Site unless we stated otherwise in a notice. We may increase fees for any existing Haphost Services at any time by providing you notice to your last known email address. We may charge you a late fee on all late payments and a reconnect fee on all terminated accounts.
2. All fees and charges payable by you are inclusive of applicable taxes and duties, including VAT and applicable sales tax. As such, you pay no tax.
3. Set Up Fees. There are no set up fees related to our standard Haphost Services unless told otherwise in a notice or via email sent to your last known email address.
4. The order process for Haphost Services is as follows:
4.1. All orders must include your real information including but not limited to your name, address, company name (if applicable), IP address, email address and up to date contact information. Providing false information may result in immediate termination of all your accounts without refund. Clients are limited to one account (if applicable). Opening multiple accounts without reasonable need and/or explanation will result in termination without refund.
4.2. Orders are deployed in the order in which they are received.
4.3. Payment is required at the time the order is placed. Failure to complete payment will result in the order being discarded by our system.
4.4. After your initial order and your service is active (“Service Activation Date”), your monthly invoice date is every 29 to 31 days thereafter. Your monthly invoice renewal date is automatically adjusted to the approximate day of the month that your server is put online. It is your responsibility to check the monthly renewal date on your invoice to confirm when it is due.
4.5. We deploy CUSTOM BUILT SERVERS during business days only (Monday through Friday) except holidays. CUSTOM BUILT SERVERS are not deployed on Saturday or Sunday.
5. The billing process related to your Service is as follows:
5.1. Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refund after 14 day period since service and/or product purchase.
5.2. Invoices are generated 14 days before the date they are due. At our sole discretion, email reminders may be sent at 7 days, 4 days and 1 day before the due date to your last known email address. If your Account is set up on auto billing, your payment method will be charged on the Due Date of your Service(-s).
5.3. All invoices are emailed and are available in your Client Portal. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues.
5.4. If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be disconnected/suspended once 72 hours have passed from Due Date and the payment was not received.
5.5. A billing dispute of any kind does not exempt you from paying current and future bills.
5.6. If any charge-backs occur on your credit card or PayPal account we reserve the right to terminate all Services without notice.
5.7. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
1. We will suspend your right to access or use any portion or all of your Service and disconnect your server immediately if we determine:
1.1. Your use of the Haphost Services poses a security risk, or may adversely impact the Haphost Services or our systems or Content, or may subject us to liability, or may be fraudulent or you are in breach of this Agreement (including if you are delinquent on your payment obligations). If your payment is declined or you fail to submit payment on or before the invoice Due Date, your Service(-s) will be suspended/disconnected once 72 hours have passed from Due Date.
1.2. You have ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or become the subject of any bankruptcy, reorganization, liquidation, or dissolution.
2. Suspension Impact. If we suspend your right to access or use any portion or all of the Haphost Services:
2.1. You remain responsible for all fees incurred through the date of suspension;
2.2. You remain responsible for any applicable fees for any Haphost Services you continue to have access to, and for fees related to in-process tasks;
2.3. Our right to suspend your access or use of the Haphost Services is in addition to our right to terminate this Agreement.
1. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us.
2. You may terminate this Agreement for any reason by logging into your web portal and cancelling any or all of your Haphost Services. We may terminate this Agreement at any time for any reason.
2.1. For Cause Termination. Either party may terminate this Agreement for cause if there is a breach of this Agreement by the other party. We may terminate this Agreement immediately if any act or omission by you results in a suspension. Your failure to make payment within 7 days of the time we disconnect/suspend your Service will result in your Service being terminated. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE. We may also terminate if our relationship with a provider of software or technology we use to provide the Haphost Services expires or changes; or if we believe providing the Services could create a financial or technical burden or a security risk for us; or in order to comply with the law or requests of governmental entities; or if we determine any Service Offering has become impractical for any reason.
3. Termination Impact.
3.1. Upon termination of this Agreement all your rights immediately terminate and you remain responsible for all fees incurred through the date of termination, including fees for in-process tasks and SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
3.2. Post-Termination Assistance. Any post-termination assistance from us is in our sole discretion and subject to our agreement in writing from a manager. Communications from our customer service representatives through the ticketing system do not constitute our agreement to any post termination assistance. Termination erases all of Your Content and, as such, we are unable to assist in retrieving any lost data; and you will be unable to retrieve Your Content from the Services.
1. Adequate Rights. You represent and warrant to us that you have all rights necessary to enter into this Agreement; and none of Your Content or use of it or our Services will violate the Acceptable Use Policy.
2. Haphost Services License. As between you and us, we own and reserve all right, title, and interest in and to the Haphost Services. We grant you a limited, revocable, non-exclusive, non-transferrable license to do the following during the Term:
2.1. Access and use the Services solely in accordance with this Agreement.
3. License Restrictions. You may not use Haphost Services for any purpose other than as permitted by this Agreement. All licenses immediately terminate if you do not comply with this Agreement.
While visiting any Haphost websites (collectively, the “Site”), we may ask you to register and/or provide information that personally identifies you (“Personal Information”) for purposes of interacting with the Site. Such Personal Information may include, but is not limited to, your name, phone number, street address, e-mail address and IP address. On any page that collects Personal Information, we will specifically describe what information is required in order to provide you with the product or service, enter you in the promotion you have requested, or respond to your inquiry or comment.
Cookies are text files containing small amounts of information which are downloaded to your computer or device when you visit a website. They improve and personalize your visits to websites by personalizing your visit, for example by letting you navigate between pages easily, storing preferences, and making your navigation through the website faster and easier.
We use the following types of cookies on our Site: Performance cookies – These cookies collect information about your use of the site, for instance which pages you go to most often, and if you get an error message from our site. These cookies do not collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous. These cookies are only used to improve how the site works.
Functionality cookies – These cookies allow the site to remember choices you make (such as your email address, language or the region you are in) and provide enhanced, more personal features. They allow us to recognize repeat visitors and remember information that you have previously submitted to us, such as your company or business industry. They may also be used to provide services. Information these cookies collect is anonymized and they cannot track your browsing activity on other websites.
You may disable cookies by changing the settings on your browser.
Haphost logs IP addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes and to determine site usage. Your IP address does not contain personal information about you.
We use Personal Information about you to improve our advertising and marketing efforts, to statistically analyze Site usage, to improve our content and product offerings and to personalize the Site’s content, layout, and services.
We may also use your Personal Information, such as your e-mail address, to contact you regarding products and/or services that may be of interest to you, to respond to an inquiry from you regarding the information that we have collected, or respond to your comments and suggestions.
Haphost may match specific and/or aggregated Personal Information with third party data to provide you with product and content offerings that interest you and improve our advertising and marketing efforts. Haphost also may disclose aggregated user statistics in order to describe our services to potential advertisers, partners, other third parties, our affiliate companies, and for other lawful purposes.
As part of your experience on our Site, you may receive communications from us related to products and services that might interest you. While we believe these services will enhance your experience at our Site, you will at all times be able to opt out from receiving these communications.
We have today, and will in the future have, arrangements with third party service providers including but not limited to credit card processors, third party fulfillment services. When you sign up for a service we offer on the Site, we may be required to share Personal Information with that service provider in order to provide the service. These third party providers are required to comply with this policy and protect your information in the same way we do. They are not permitted to retain or use Personal Information for any purpose unrelated to providing the service.
We reserve the right to disclose Personal Information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, or in connection with the sale of part or all of Haphost’s or its affiliate’s stock or assets.
Third party sites linked to and from the Site are not necessarily under the control of Haphost. Haphost shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Haphost does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
Haphost maintains above industry standard safeguards to ensure the security, integrity, and privacy of the Personal Information that you provide to Haphost.