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)
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.
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
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
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.