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  Terms of Service

We need you to review this important information. These are the terms you agree to upon ordering/continuing your account and/or services, and you will be held to them.

NOT READING
this page is not an excuse for disregarding them. If you have any questions, please contact us for clarification.

There's no fine print or tricks — we just want everything to be well communicated.

The headlines are:

    • Behave yourself! - No Adult content - No spamming
    • Termination of service:
      • no refunds for partial years
      • domain name registrations are renewed automatically one month prior to registry expiration unless we are notified in writing 32 days prior to the registry expiration/renewal date. You are responsible for the renewal fee if you do not cancel.
    • Late/Non-Payments:
      • Late or non-payments for any service rendered by Sherwood Hosting LLC are subject to interest and risk hosting account suspension or termination (with a reinstatement setup fee of $25). A reminder of Suspension/Termination is noted at the bottom of all invoices.
        Overdue amount collection fees are charged.
      • Abandoned/terminated/unpaid domain names become the property of Sherwood Hosting LLC.
      • For Overdue Accounts (hosting or labor invoices):
        • Domain Names are not transferrable
        • Hosting accounts (Cpanel, FTP, email login/access) are locked
        • A message is posted on your web site indicating your account is overdue.
    • We are not liable for any information content on your web site
    • Design services, SEO, etc. are not included in the hosting package fees - these are separate services
    • Invoice notifications are by email and displayed via a private web page just showing your invoice.
      Failure to notify us of an email change is no excuse for not paying.
    • These Terms of Service apply to direct clients of Sherwood Hosting as well as all resellers' clients, including but not limited to North Forty Road Web Design LLC.
    • We charge for repeat support requests.
    • We have to charge (our standard hourly rate of $100/hr) for labor to repair any account or website for technical or legal problems such as scripts that threaten the server's operation, account misuse, legal/trademark infringement, etc.

Average reading time is less than 5 minutes.

 

For domain name registrations: (if you choose to have our free service "private registration" (hidden WHOIS information to avoid spam), we will respond favorably to any verification requests and forward to you any legitimate non-spam emails that are directed to you, thus taking care of these requirements; we handle auto-renewal payments and your yearly invoice from us reflects this domain registration fee passed on to you)

http://www.icann.org/en/resources/registrars/registrant-rights/educational

Domain Name Registrants' Responsibilities 1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN. 2. You must review your Registrar's current Registration Agreement, along with any updates. 3. You will assume sole responsibility for the registration and use of your domain name. 4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes. 5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.


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) and you must have an acknowledgement from us to confirm we received your request. No prorated/partial year refund is offered. Locked accounts and domain names are not released until overdue payment (and any late fees or legal/collection fees) are 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.

Legal Fees: For any legal matters regarding payment collection, disputes, or other legal matters for any services (labor or subscription, etc.), we pass on all collection and legal fees.

 


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, spam being sent from your account, harmful scripts, or legal issues such as copyright, patent, or trademark infringement, however, we 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. We charge hourly labor for any time spent to repair/remedy a problem situation.

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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