I. INTRODUCTION. HiWAAY Information Services, Inc. (dba HiWAAY Internet Services) (the "HiWAAY") will provide to you, (a "Subscriber"), Web Hosting Services for your web site to reside on our web servers as described below (the "Service"). By purchasing and continuing use of the Service, you agree to be bound by and to use the Service in compliance with this Agreement and the Terms and Conditions, as each are amended from time to time. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Service. If you are a current subscriber and do not agree with these conditions, you must terminate your use of the Service as provided under HiWAAY's Terms and Conditions and this Service Agreement.
II. SUBSCRIBER REQUIREMENTS. The Service does not include Internet access. You are solely responsible for the design, development, publishing and maintenance for your web site and for obtaining access to the Internet, whether through HiWAAY or another provider. Current prices for HiWAAY's Services are posted on HiWAAY's Web site at http://www.hiwaay.net (the "Web site") or may be obtained by calling your HiWAAY Corporate Sales Representative at (888) 244-9229 or (256) 650-4900 ("Sales").
III. HiWAAY'S OBLIGATIONS. A. HiWAAY will provide you with: (a) web-hosting and (b) email services on a HiWAAY server. The service type you have purchased determines disk quotas and other limits and available options. B. HiWAAY does not provide PCI compliant hosting on shared web hosting servers nor does HiWAAY provide PCI compliance scans or certifications. C. HiWAAY respects its subscribers' privacy and does not randomly filter, monitor or disclose the contents of private email or other private communications. However, HiWAAY will, under appropriate circumstances, disclose the identity of a subscriber to third parties in response to a valid legal subpoena and will otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
IV. CUSTOMER RESPONSIBILITIES. A. You understand and agree that violation of the Terms and Conditions may result in your account and web site being blocked by HiWAAY without prior notice or warning. B. You are solely responsible for the registration of your domain name and for any registration fees charged by the registrar of your domain name. C. All sites hosted through HiWAAY's servers must comply with Copyright laws as well as the stipulations specified in the Terms and Conditions and the DMCA. D. Making your site compatible with our servers is your responsibility. Certain programming languages or operating systems may not be used or supported on HiWAAY's web servers. It is your responsibility to edit your web site to fit the Service you purchase. E. Uploading your site to the web servers is your responsibility. HiWAAY accepts no responsibility for moving your web site files to or from another Service Provider or to or from another computer or server. You may contract for these services under separate arrangements. Contact Sales regarding the types of consulting services available
V. TERMINATION OF AGREEMENT. Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and to terminate your account based on the guidelines referenced in the Terms and Conditions.
VI. MISCELLANEOUS. This Agreement, the Terms and Conditions and HiWAAY's other user policies posted on its web site constitute the entire agreement between you and HiWAAY with respect to your use of the Services. HiWAAY may revise, amend, or modify this Agreement, the Terms and Conditions, and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be handled as referenced in the Terms and Conditions.