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SherwoodHosting
strives to offer the highest quality services and price value. We need
your cooperation to help us achieve smooth and efficient operation of our servers
by following a few logical and reasonable rules. We offer our clients
the means to store and disseminate a plethora of public, private, commercial,
and non-commercial information. We also want you to be fully informed
of your rights and obligations — and those of SherwoodHosting — in connection
with the use of the Internet. This Network Access Policy, which supplements
and explains certain terms of each customer's respective services agreement
(the "Services Agreement"), is intended as a plain-English guide
to those rights and obligations.
The fundamental
fact about the Internet is that no one owns or controls it. This fact
accounts for much of the Internet's openness and value, but it also places
a high premium on the judgment and responsibility of those who use the
Internet, both in the information they acquire and in the information
they disseminate to others. When you obtain information through the Internet,
they must keep in mind that SherwoodHosting cannot monitor, verify, warrant
or vouch for the accuracy and quality of the information that clients
may acquire. For this reason, you must exercise your best judgment in
relying on information obtained from the Internet, and also should be
aware that some material posted to the Internet is sexually explicit or
otherwise offensive. Because SherwoodHosting cannot monitor or censor
the Internet, and will not attempt to do so, we cannot accept any responsibility
for injury to you or your customers that results from inaccurate, unsuitable,
or offensive Internet communications.
When you
disseminate information through the Internet, you also must keep in mind
that SherwoodHosting does not review, edit, censor or take responsibility
for any information its clients may create. This places on you what will
be, for most, an unfamiliar responsibility. When users place information
on the Internet, they have the same liability as other authors for copyright
infringement, defamation and other harmful speech. Also, because the information
they create is carried over SherwoodHosting facilities and may reach
a large number of people, including both clients and nonclients
of SherwoodHosting, your usage of and information uploaded to the Internet
may affect other clients and may harm SherwoodHosting's goodwill, business
reputation and operations. For these reasons, clients engaging in the
following activities violate SherwoodHosting policy and the Services Agreement
Adult Content, Cron Jobs,
CGI Scripts, Chat Rooms, Copyright
Violation, Defamation, Distribution
of Obscene Materials, Distribution of Viruses,
Export Control, | IRC, Security,
Server Abuse, Server Resources,
Spamming, Other Activities
Adult
Content
Adult content is strictly prohibited from servers. No adult
content may be stored on, or served from our servers. Further, no
files on our servers may contain links to adult content. This includes
but is not limited to sites that are associated with bestiality,
child pornography, other material that might generally be deemed
adult in nature. SherwoodHosting will be the sole discretionary in
such matters.
Background
Running Programs and Cron Jobs
SherwoodHosting will not allow programs to run in the background.
CGI
Scripts
CGI script sharing with domains not hosted by SherwoodHosting is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice.
Chat
Rooms
SherwoodHosting does not allow customers to install their own chat rooms not
supplied as part of the package they lease from SherwoodHosting Some Chat rooms
tend to require significant system resources and therefore cannot be permitted
as an account option. Some packages come with a chat room which customers may
use.
Copyright
Violation - Illegal Use
Violation of copyrights held by individuals and corporations
or other entities can result in civil and criminal liability for
the offending parties, and can involve the ISP in litigation and
possible loss of reputation. This includes, but is not limited
to: copyrighted material; trademarks; trade secrets or other intellectual
property rights used without proper authorization; material that
is obscene, defamatory, constitutes an illegal threat, or violates
export control laws. Examples of unacceptable content or links
include: pirated software, hacker programs or archives, Warez sites,
MP3, and IRC bots.
Defamation
Defamatory speech distributed over the Internet can
result in civil liability for the defamer and litigation against
the ISP whose facilities were used to distribute the defamatory
material.
Distribution
and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in
criminal penalties.
Distribution
of Internet Viruses, Worms, Trojan Horses and Other Destructive
Activities
Distribution of Internet viruses, worms, Trojan horses
and other destructive activities, such as hacking, can result in
serious civil and or criminal liability under federal and state
law.
Export
Control Violations
The law limits the ability of persons to export encryption
software, over the Internet or otherwise, to points outside the
United States.
IRC
SherwoodHosting does not allow IRC or IRC bots to be operated on our servers.
Other
Activities
Whether lawful or unlawful, that SherwoodHosting determines
to be harmful to its clients, operations or reputation, including
any activities that restrict or inhibit any other user from using
and enjoying the service or the Internet.
Security
- Illegal/Unauthorized Access to Other Computers or Networks
The illegal or unauthorized accessing (often known as "hacking" or "cracking")
of computers or networks carries potential civil and criminal penalties
under both federal laws and the laws of most states. Violations
of system or network security are prohibited and may result in
criminal and civil liability. Examples include but are not limited
to the following: unauthorized access, use, probing, or scanning
of systems security or authentication measures, data, or traffic;
interference with service to any user, host, or network including,
without limitation, mail bombing, flooding, deliberate attempts
to overload a system, broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an email
or a newsgroup posting.
Server
Abuse
Any attempts to undermine or cause harm to a SherwoodHosting server or customer
are strictly prohibited.
Server
Resources
Any web site that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources over their allotted
limits) will be given the option to either pay additional fees (which will
depend on the resources required), reduce the resources used to an acceptable
level, or upgrade its service to a Dedicated Server plan.
Spamming (generating
nuisance email)
Unsolicited, commercial mass e-mailing (known as "spamming")
is a strongly disfavored practice among Internet users and service
providers. It is particularly harmful not only because of its negative
impact on consumer attitudes toward SherwoodHosting, but also because
it can overload SherwoodHosting's equipment and disrupt service to
SherwoodHosting clients. Spamming, the sending of unsolicited mass
e-mail from or through a SherwoodHosting server or using an e-mail
address that is maintained on a SherwoodHosting computer is STRICTLY
prohibited. SherwoodHosting will be the sole arbiter as to what constitutes
a violation of this provision. Customers are also in violation of
this provision if they engage in spamming using the service of another
ISP or IPP, but reference in the spam a web site hosted on a SherwoodHosting
server.
Violators will be assessed a minimum fine of $500.00 and
will face immediate suspension.
The following is considered spamming:
- Unwelcome email;
- Newsgroup cross-postings;
- Windows that spawn new windows;
- Windows which resist closure.
REPEAT SUPPORT REQUESTS
As a part of your yearly subscription fee, we are happy to provide support to keep server-related account running properly. We can also make additional account set-up changes for you. However, repeated requests within a given time period would be charged a fee as follows:
- Repeat Quota changes for/within an account within a three month period incur a $25 support fee.
- cPanel settings (email, account settings) are easily accessible by you the client. We can make one change per month for you. Additional changes per month are $25 each.
- We can make one change per 30-day period for Hosting account advanced settings (such as those related to domain names, MX records, and DNS zone/nameserver records). Additional changes are $25 per change.
- For email and other connectivity issues not related to our servers (but related to your ISP, your on-site network, and/or computer), we charge a consulting fee of $25 per (any part of) 15 minutes. If an issue turns out to be related to our servers, there would be no charge. We cannot provide free GeekSquad-like services for your computer or installed software.
NON-PAYMENT / OVERDUE ACCOUNTS
Payment for hosting services are due on the first day of the beginning month of the subscription period and are renewed yearly (invoices are emailed approximately mid-month of the last month of the subscription period). Invoices are presented to clients via an email notification (please make sure your email filters and spam blockers accept email from sherwoodhosting.com). Please notify sherwoodhosting.com if your email address changes. 1.5%/month Interest is charged on unpaid balances for labor and hosting invoices. Hosting account suspension or termination may occur without further notice after one month of any amount being overdue for any service provided by Sherwood Hosting LLC. We want to keep your business, so we will attempt to remind you several times for a timely payment. Returned checks incur a $30 bank processing fee (from our bank).
Hosting account termination must be requested by written notice (fax, email, U.S. mail). No prorated/partial year refund is offered. Locked accounts and domain names are not released until overdue payment is received.
Abandoned/terminated domain name registrations become the property of Sherwood Hosting LLC for disposal however we desire, including but not limited to re selling on auction, or re using for our purposes.
After suspension, a hosting account reinstatement fee of $25 will be charged. We are not responsible for loss of business, loss of emails, or loss of data collection during account suspension periods.
Should you choose to change hosting providers, we will allow you access to your files if your account is fully paid. We are not responsible for transferred files nor account/email set-up on other companies' servers. Please check with your web designer to make sure the transfer will run smoothly.
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As we have
pointed out, the responsibility for avoiding the harmful activities described
above rests with the client. SherwoodHosting will not,
as an ordinary practice, monitor the communications of its clients
to ensure that they comply with SherwoodHosting policy or applicable
law. When SherwoodHosting becomes aware of harmful communications, however,
it may take any of a variety of actions. SherwoodHosting may remove
information that violates its policies, implement screening software designed
to block offending transmissions, or take any other action it deems appropriate,
including termination of a client's contract with SherwoodHosting.
SherwoodHosting
also is aware that many of its clients are, themselves, providers
of various Internet services, and that information reaching SherwoodHosting's
facilities from those clients may have been originated by customers
of those clients or other third parties. SherwoodHosting does not
require its clients who offer Internet services to monitor or censor
transmissions created by customers of its clients. At the same time,
clients who knowingly transmit materials that violate law or SherwoodHosting policy are, themselves, in violation of SherwoodHosting policy.
Similarly, SherwoodHosting anticipates that clients who offer Internet
services will cooperate with SherwoodHosting in any corrective action
that SherwoodHosting deems necessary, in order to correct and prevent
the transmission of material that is harmful to SherwoodHosting or its
clients. Failure to cooperate with such corrective and preventive
measures is a violation of SherwoodHosting policy.
SherwoodHosting
also is concerned with the privacy of online communications. In general,
the Internet is neither more nor less secure than other common communications
media, including mail, facsimile and voice telephone service, all of which
can be intercepted and otherwise compromised. As a matter of prudence,
however, SherwoodHosting urges its clients to assume that all of
their online communications are insecure.
SherwoodHosting
cannot take any responsibility for the security of communications
transmitted
over or through SherwoodHosting's facilities. SherwoodHosting will comply
fully, however, with all applicable laws concerning the privacy of
its clients'
online communications. In particular, SherwoodHosting will not intentionally
monitor or disclose any private electronic mail messages sent or received
by its clients unless required to do so by law. SherwoodHosting
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, SherwoodHosting may
be
required to disclose information transmitted through its facilities in
order to comply with court orders, statutes, regulations or governmental
requests. Finally, SherwoodHosting may disclose information transmitted
over its facilities where necessary to protect SherwoodHosting and
its
clients from harm, or where such disclosure is necessary to the proper
operation of the system.
SherwoodHosting
expects that its clients who provide Internet services to others will
comply fully with all applicable laws concerning the privacy of online
communications. A client's failure to comply with those laws will
violate SherwoodHosting policy. Finally, SherwoodHosting wishes to
emphasize that in using our services, clients indemnify
SherwoodHosting for any violation of the client of the Services
Agreement, or of law or SherwoodHosting policy, that results in loss
to SherwoodHosting or the bringing of any claim against SherwoodHosting.
This means that if SherwoodHosting is sued because of activities of
the client that violate any law, the Services Agreement or this policy
(which is part of the Services Agreement), the client will pay any
damages awarded against SherwoodHosting, plus costs and reasonable attorneys'
fees.
You
agree that SherwoodHosting has the right to monitor the service electronically
from time to time and to
disclose any information
as necessary to satisfy the law, or to protect itself or its subscribers.
SherwoodHosting reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement. We
also reserve the right to refuse refunds in cases where we
believe abuse has taken place. We reserve the right
to monitor any and all communications through or with our facilities.
You agree that SherwoodHosting is not considered a "secure communications
medium" for the purposes of the ECPA, and that no expectation of
privacy is afforded.
Backups
are the sole responsibility of the user, and we cannot be held responsible
in any way for loss of data or consequences resulting thereof. We have
good-faith nightly backups in the
case of catastrophic server failure, but we cannot restore your files
if you accidentally delete your data.
You
represent and warrant that you are the person legally responsible for
all use of this account, and are at least 18 years of
age. You agree to provide SherwoodHosting LLC with your full legal name,
postal address and telephone number for our records, and you have a
continued
obligation
to keep this information
current. You also agree that you are an authorized user of any credit
card that you supply to us, and you understand and agree that we have
an obligation to fully investigate any possible fraudulent credit card
use.
If
SherwoodHosting registers domain names for clients and
that account
is closed or business relationship terminated, it is not the
responsibility of SherwoodHosting to renew or alert the owner when
the domain registration expires. Read about
the consequences of expired domain names. (This is the reason we have
automatic renewal. Always.) One month's
notice must be given for termination of a domain name so that we stop
it from being
renewed automatically.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
SherwoodHosting
IS NOT RESPONSIBLE FOR TYPOS, ERRORS, LOSS OF BUSINESS, DAMAGES, OUTAGES
RESULTING FROM OUR SERVICES OR INFORMATION.
SERVICES PROVIDED IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SherwoodHosting
LLC EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SherwoodHosting
LLC SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SherwoodHosting LLC, ITS
EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU
RELY ON ANY SUCH
INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SherwoodHosting LLC.,
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE THE SherwoodHosting LLC. SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE
ON ANY INFORMATION OBTAINED ON THE SherwoodHosting LLC. SERVICE; OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED
TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO SherwoodHosting LLC. RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE
THAT THIS PROVISION WILL APPLY WHETHER OR NOT SherwoodHosting LLC. IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL SERVICES AVAILABLE FROM SherwoodHosting LLC. AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES
INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH
OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT
FOR WHATEVER REASON.
We hope this
Policy Statement is helpful in clarifying the obligations of Internet
users, including SherwoodHosting and its clients, as responsible
members of the Internet.
We may amend
these Policies at any time in our sole discretion. Because these policies
are available for public viewing at all times, it is your responsibility
to regularly view these policies for changes or updates.
Privacy
Policy
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