Terms of Service

Here are our terms of service. If you have any questions, please don't hesitate to ask. We're here to help you, and to host your professional website.

The short version

If you're hosting one or more standard websites, most of this won't apply to you. We just don't want any activity that will affect the other professional websites on our server. So please, no pornography, no torrent trackers or other non-web public services, and no content deemed illegal in the United States of America. Also, no websites about hacking or cracking. Please, no activity that adversely affects the server's functionality. We reserve the right to refuse service to any client, and to remove your website to ensure the stability of the server, or for any other reason we deem appropriate. We will make every attempt to contact you using the information we have prior to taking any action.

You can use your initial alloted space and bandwidth for whatever you'd like, including backups. This is how our service differs from others. However, if you request a free space and bandwidth upgrade, we ask that you use your account for websites only, and we may ask you to restrict any popular files you may be offering.

We do not allow repositories to be setup on our server.

We offer an anytime remaining refund, except in the cases where we have to terminate an account due to abuse, or in rare cases, where we deem it necessary to retain the remainder of your payment. Some examples of this may include excessive support tickets or resource usage, or misuse of our services. We reserve the right to determine if a refund is due, but in the vast majority of cases, we will cheerfully do so.

Do not spam. We require any emails to be sent only to those expecting and welcoming them. This means your recipients have had to opt in, and there should be a nearly effortless way to opt out, with instructions on opting out included in every email. Use the BCC field to send email to multiple recipients. You must save the recipients opt in confirmation!

Our price lock guarantee is contingent on the support your account requires, your space and bandwidth usage, and in extreme cases, the popularity of your website. We will notify you far in advance if we need to increase your hosting fee. Even at our normal rates, these are far below what you may be charged elsewhere!

Except in extreme cases, we will contact you prior to taking any action on your account including suspension and termination.

This could change at any time and, while we do our best to let our customers know what is happening, we can't guarantee you'll be notified.

The long version

Value Web Development Terms of Service
09/13/2010

For the remainder of this document, your the client will be referred to as "The Client" and Value Web Development LLC will be known as "The Company."

The Company's terms of service applies to all content, domains and The Clients with in the The Company network.

These policies are designed to protect the best interests of our customers as a whole. The Company's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.

All shared hosting services are intended for the end user only and may not be subleased, sold or given to third parties. The intended function of the shared hosting accounts provided by The Company are for serving web pages created using HTML or PHP, or streaming video or flash, as long as that activity does not adversely affect the experience of other clients. The accounts are also intended to provide email services, including POP, SMTP, and web mail services. The Company also allows initial space provided to include backups of personal, non-copyrighted, legal electronic files, as long as said backup activity does not affect the functionality of the server or the experience of other clients.

Any products and services to be provided to The Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, The Company does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

The Clients are responsible for frequently backing up their files on our system. The Company cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

Free space and bandwidth upgrades are contingent upon the use of the account. If the account is being used to backup files, to store and serve large, popular files, or for any purpose other than serving static or dynamic websites and emails, the Company reserves the rights to refuse free space and bandwidth upgrades.

Authorization of Charges

The Company will bill for services rendered which are due with in seven (7) days. The Company may discontinue service for failure to make payment for initial fees or for any re-occuring fees thereafter. The Company reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.

Content Restrictions

All services provided by The Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any The Company servers.

Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives.

IRC servers are strictly prohibited.

The Company reserves the right to remove any material from The Client's web space that is reasonably deemed unacceptable by us.

The Company reserves the right to terminate The Client's account without refund at our discretion if said material is discovered.

The Company is the sole arbiter as to what constitutes a violation of the above provisions.

3.b
3.b is only applicable to virtual hosting and reseller accounts. No site may use more than 15% of the total server output at any given time.

Adult Sites (pornographic) are prohibited on shared/virtual hosting and shared/reseller accounts.

Mailing Lists with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.

Web Based forums with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.

The Company reserves the right to suspend any The Client which violates section 3 of our Terms Of Service, or for any other reason we deem necessary. The Company will be the sole authority on refund of remaining pre-paid balance.

CGI / PHP Application Restrictions

This section is only applicable to virtual hosting and reseller accounts. The The Client is allowed to freely install CGI/PHP applications; however, The Company reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.

Spam Policy

The Company servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. The Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

The Company considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The Company requires any emails to be sent only to those expecting and welcoming them. This means your recipients have had to opt in, and there should be a nearly effortless way to opt out.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. The Company is the sole arbiter as to what constitutes a violation of the above provisions.

Server Abuse

Any attempt to undermine or cause harm to a The Company server or another The Company The Client is strictly prohibited.

Any attempt to undermine any The Company web site or a web site of another The Company The Client is strictly prohibited and may result in immediate termination of services rendered by The Company without refund. The Company is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be charged for intentional server abuse.

Indemnification

The Client agrees that it will defend, indemnify, and hold harmless The Company from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against The Company, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by The Client, its employees, officers, agents, and directors.

The The Client agrees that it will defend, indemnify, and hold harmless The Company against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with The Company's servers; (2) any material supplied by the The Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the The Client's customer from The Company's servers.

The Company assumes no liability of the The Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the The Client, sub-contractor or an agent of The Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the The Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Disclaimer

The Company wll not be held responsible for any damages you or your business may suffer. The Company makes no warranties of any kind, expressed or implied, for services rendered. The Company disclaims any warranty or merchantability or fitness for a particular purpose. The Company assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. The Company will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will The Client be entitled to recover damages from The Company.

Term

The term of this Agreement will continue until a notice of cancellation by The Company or The Client is given, or until terminated under other provisions of this Agreement. The Company reserves the right to terminate this Agreement with cause upon notification to the The Client. The Company may further terminate this Agreement immediately without notice at any time the The Client breaches any part of this Agreement, or if any program or facility used by The Company to implement this Agreement is disrupted or terminated for any reason.

These policies may be modified or changed by The Company. The Company will attempt to inform The Client of changes, but makes no guarantees.

Presumption of Agreement

By signing up with The Company, be it using The Company's online sign up form or contacting in any way an employee, officer, agent, and director with request for The Company to provide The Client services, The Client (1) authorizes The Company to take the actions necessary in order to setup The Client's account, including charging credit card, if applicable, supplied by The Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

Default

In the event The Client defaults in any provision or fails to perform pursuant to this Agreement, The Company will be entitled to damages, costs, and attorney's fees from the The Client.

Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.

Domain Agreement

The Company may provide new top level domain name for new The Clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the The Client while The Client remains hosted at The Company. The The Client is responsible for renewing domain name by contacting the sales department. Should The Client decide to switch hosting providers, The Client agrees to pay yearly fee listed on the The Company website for domain name registrations.

Email / Mailing List Policy

Server's which are for mailing only are disallowed on The Company's network. A mailing only server is defined as a dedicated/colocated server who's primary purpose is sending email over SMTP. The Company's network is monitored through multiple feedback loops and may terminate, with out prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt in, opt out only, or any other non double opt in mailing list will result in server termination.

1) Mailing lists must be double opt in lists.
2) Messages must have clear removal instructions and valid headers.
3) Removal requests must be completed with in 24 hours.
4) Messages must include details on how the user subscribed. These details must be provided to The Company on our request.
5) Excessive complaints may result in account termination.
6) The Company reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to The Company policies.
7) Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.

Abuse Complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. The Company reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.

Copyright © 2009 Value Web Development LLC All rights reserved