1. ACCOUNT REGISTRATION
A. Account Creation. In order to access certain features of the Site or the Services provided, you must register to create an account (“Account”). You must complete the registration process by providing Us with current, complete and accurate information. You will also choose a password and an email address. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify Hawkkit immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting Our written permission. Upon completion of registration, users are known as “Registered Users.”
B. Hawkkit Is A Hosting & Technology Company Only. Hawkkit is not an exchange. Hawkkit provides software and a web-based platform for the monitoring of full virtual currency nodes. Hawkkit is not a direct, private seller of virtual currency. As such, we do not buy, sell, transmit, take custody of, or hold any currency, virtual or otherwise. Hawkkit solely and exclusively provides the technology, software, and platform for you to monitor and manage virtual currency nodes. The virtual currency required to run a full node does and shall remain in your sole and exclusive possession.
C. No Financial Advice Provided; No Fiduciary Duty. You agree that you are solely responsible for all purchases, orders, actions (or the lack thereof), and decisions as related to the Services and your use of the Site. Although the Site may provide data, information or content provided by other parties relating to virtual currencies, you should not construe any such information or content as tax, legal, financial, or investment advice. You hereby warrant and acknowledge that your use of the Site and / or the Services is solely your responsibility. Hawkkit has no special relationship with or fiduciary duty to you. You agree and acknowledge that you are solely responsible for conducting a full and diligent review of any and all legal, accounting, regulatory or tax related implications that may result from your use of the Services. We recommend that you consult with a licensed legal or financial professional prior to accessing the Site or utilizing the Services.
2. SITE USE TERMS, COLLECTION OF INFORMATION.
A. User Representation of Information Accuracy. You represent and warrant that all information that you provide to Hawkkit or through the Site is accurate, complete and truthful. You acknowledge and agree that Hawkkit and its agents are entitled to rely upon the information you provide as true, accurate and complete without verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
B. Non-Exclusive, Non-Transferable License to Use the Site. We grant you a limited, revocable, non-exclusive, non-transferable license to view, copy and print content on the Site for personal, non-commercial purposes. We grant the operators of public search engines a limited, non-exclusive, non-transferable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in Our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner.
F. Disclaimer of Liability. Hawkkit has no special relationship with or fiduciary duty to you or any other third party. Your use of the Site is at your own risk. You release Hawkkit from all liability for you having acquired or not acquired content through the Site. Hawkkit makes no representations concerning any content contained in or accessed through the Site, and Hawkkit will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. Hawkkit neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Site. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE PROVIDED, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SERVICES. NEITHER Hawkkit NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
G. Third Party Data. Hawkkit makes no representation or warranty, express or implied, with respect to any third party data provided to Hawkkit or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Hawkkit will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Hawkkit or “force majeure” or any other cause beyond the control of Hawkkit.
H. No Representations or Warranties. While Hawkkit seeks to provide various resources and information regarding a variety of items related to cryptocurrency, Hawkkit cannot, and does not make any representation as to the completeness or accuracy of the information provided on the Site. Hawkkit will always endeavor to provide accurate information and not to intentionally post or furnish inaccurate information or faulty resources; nevertheless, Hawkkit does not represent or warrant the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be held liable for any damages arising from or connected with inaccurate resources or information. Hawkkit shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. Hawkkit is entitled to rely upon the information provided by its users. Hawkkit cannot guarantee that Issuer’s will use the proceeds of their investment in accordance with the stated purpose. You acknowledge and agree that Hawkkit does not provide any representation, warranty or assurance that your use of the Services is in compliance and accordance with any and all laws, regulations, rules, or the like, as applicable in your jurisdiction.
I. To the extent provided by law, Hawkkit assumes no liability or responsibility for any errors or omissions in the content of the Site. Hawkkit has not reviewed all of the links provided on the Site and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.
J. Up-Time Assurance. Hawkkit takes pride in, and places a high value on, ensuring that customer’s s function properly and maintain a connection to the world-wide network. Hawkkit guarantees uptime on s with an uninterrupted status of ‘ENABLED’ for a time period of least 24 hours. Should a drop offline after being ‘ENABLED’, Hawkkit will extend the renewal date for an additional month of service. Notwithstanding the foregoing, Hawkkit is unable to guarantee uptime in certain circumstances; such exceptions include, without limitation: follows: (1) The customer’s failure to tender payments due for the services provided by Hawkkit; (2) The customer moves the original collateral or otherwise alters the requirements attendant to running a ; (3) Network enforcement is off or has only been enabled for thirty (30) or fewer days; (4) Hawkkit’s hosting provider experiences down-time that affects network communication; (5) a cryptocurrency network experiences an attack; (6) the core software is updated, or; (7) network instability (e.g. unexpected fork or spork).
3. INTELLECTUAL PROPERTY
A. Digital Millennium Copyright Notice. We respect the intellectual property of others, and We ask you to do the same. If you or any user of Our Site believes its copyright rights have been infringed on Our Site, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include: A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; Identification of the copyrights(s) claimed to have been infringed; Information reasonably sufficient to permit Us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit Us to locate such materials; A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
B. Designated Agent for Claimed Infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), Hawkkit’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below:
C. Claims for copyright infringement. You acknowledge, accept and agree that if We receive a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Hawkkit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to [email protected] Hawkkit may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
E. Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either copyrighted by Hawkkit, or are the proprietary property of Hawkkit’s affiliates or licensors. Hawkkit reserves any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Hawkkit’s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Hawkkit, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our Designated Agent (§ IV(B), above) for more information.
F. Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Hawkkit or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hawkkit. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Hawkkit or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hawkkit. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
H. Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Hawkkit. Hawkkit retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
I. Electronic Communication Privacy Act Notice (18 U.S.C. §§ 2701-2711): Though Hawkkit takes security, privacy and appropriate confidentiality very seriously, and while we take all reasonable efforts to secure data and maintain the confidentiality of the same, Hawkkit makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Hawkkit will never share personal information unless required by law or court order; furthermore, Hawkkit will never sell, rent or otherwise provide access to customer data to any third-party. Nevertheless, Hawkkit shall not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other Content stored on Hawkkit’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Hawkkit assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined in Rule 501 of Regulation D promulgated under the Securities Act of 1933, as amended), or that any content or information provided on this Site is true, correct, complete or viable. Although Hawkkit may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, Hawkkit is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within such locations on the Site. Hawkkit reserves the right to remove any content from the Site or to restrict access to the Site for any reason without notice.
A. Compliance Disclaimer. We make no representation that this Site is operated in accordance with the laws, rules, or regulations of, or governed by, any country or nation. Thus, you are solely and exclusively responsible for your use of the Services. You, not Us, are responsible for compliance with any applicable local and national laws.
This policy discloses the privacy practices for Hawkkit and the ways we collect, store, use, and protect your personal and non-personal information and how you can correct or change it. It does not apply to the practices of third parties that we do not own or control, or to individuals that we do not employ or manage.
It is our intention to give you as much control over your personal data as possible to preserve your privacy, while still allowing us to utilize that information in the course of our business to provide you a valuable service.
For questions or feedback on this policy or our privacy practices, please email us at [email protected]
What information do we collect?
You will be asked to furnish some of your personal information at the time you register for an account with Hawkkit.
If you contact us by telephone, email, or letter to provide feedback, comments, or inputs, or for any reason, we may keep a record of that correspondence and collect your personal information to process your enquiries, respond to your requests, and improve our services.
How do I access and update my information?
You may correct any information we have about you through your profile page.
What information do we share?
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us. Otherwise, we do not disclose your information to nonaffiliated third parties except as required by law.
We restrict access to electronic versions of the information to authorized persons only.
Data Privacy Rights for Individuals in the European Union and/or the European Economic Area
be informed of our intent to transfer your personal information to another country or international organization, the recipients of that information, and where information regarding the applicable privacy safeguards may be obtained ;
request access to your personal information;
request correction of your personal information if it is incorrect ;
request that we delete or stop processing your personal information under certain circumstances ;
object to our processing of your personal information under certain circumstances;
request that we restrict our processing of your personal information, and where our processing is based on your consent, withdraw that consent (which may be done by emailing: [email protected]) without affecting the lawfulness of processing based on consent before its withdrawal;
request that we transmit your personal information either to you or another service provider under certain circumstances (costs may apply);
be informed of your right to complain to a supervisory authority if you feel that we have not complied with applicable laws regulating your personal information (contact information for supervisory authorities may be found at: http://ec.europa.eu/justice/article-29/structure/data-protectionauthorities/index_en.htm)
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. For more information, or to make a request, please email: [email protected] with your name, email address, request, and basis for your request. Hawkkit will reply with steps to verify your identity.