Terms of Service for Hudson Valley Host

1. Disclaimer

All services provided by Hudson Valley Host ("Hudson Valley Host") 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hudson Valley Host from any claims resulting from the use of service which damages the subscriber or any other party.

Hudson Valley Host will not be responsible for any damages your business may suffer. Hudson Valley Host makes no warranties of any kind, expressed or implied for service we provide. Hudson Valley Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by Hudson Valley Host and its employees. Hudson Valley Host reserves the right to change its policies at any time without prior notification.

Hudson Valley Host is part of the VSNX family of companies.

Our Mailing Address:

Hudson Valley Host
325 Delaware Avenue, Suite 300
Buffalo, NY 14202

2. Uptime

Hudson Valley Host endeavors to have network uptime 99.9% of the time. In the event that your website is not up 99.9% of the times, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge.

3. Payment Policy

Your account will not be activated until we receive your first months payment. Users, will receive invoices that are sent via email approximately one week before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being terminated. If you then wish to re-register for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. We reserve the right to deny any order.

Credit Card Payment Policy
Additional verification may be required for credit card orders. Verification may include voice verification, a copy of your photo ID and credit card. We reserve the right to deny any order if we are unable to verify the account. All credit card payments are automatically billed every month. Invoices paid via credit card are subject to a 4% convenience fee. Hudson Valley Host is part of the VSNX family of companies. Your credit card statement may say "ColoCrossing" for the credit card charge.

Dedicated Server Account Payment Policy
Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date Hudson Valley Host will terminate the customer's service. Once the customer's service is cancelled any data on the server will not be recoverable. Hudson Valley Host is not liable for any lost data due to non-payment.

VPS Payment Policy
Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be terminated. Hudson Valley Host will terminate the customers service if the invoice is 3 days overdue. If the server is suspended, payments are subject to a $15.00 reconnection fee.

Reseller Payment Policy
The resellers invoice is due every month on the date of registration. They are considered late after 1 day. If the account is not paid within 24 hours the account may be suspended. This includes the end-user's accounts. If the payment is not received within 3 days of due date the resellers account and end-user's accounts will be terminated. If after 48 hours of suspension there is no communication from the reseller, and the end-user wishes to continue service, the end-user's account will be turned over to the end-user and billing will be between Hudson Valley Host and the end-user.

Late Fee
Payments are due every month on the date of registration. They are considered late after 1 day following the due date. If the account is not paid 2 days following the due date a late fee of 15% will be added to the invoice. This fee must be paid prior to activation of the late account.

4. Abuse

Prohibited are sites that promote any illegal activity or present content that may be damaging to Hudson Valley Host' servers, or any other server on the Internet. Links to such materials are also prohibited.

Any attempt to undermine or cause harm to a server or customer of Hudson Valley Host is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Server abuse includes but is not limited to the following:

A. CPU/Resource intensive Programs

B. Denial of Service Attacks

C. Hacking/cracking of any kind (This includes exploits)

D. Account trading

E. Spamming

G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.

H: We do allow IRC on our VPS accounts and dedicated servers. We do not allow IRC on our shared web hosting servers.

I: Warez, image/file dump, mirror, or ad services.

J: Sale of controlled substance or online pharmacies.

K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.

L: Brute force programs, IP scanners, mail bombers, and spam scripts.

M: Personal Proxies are allowed.

Hudson Valley Host will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.

5. Early Termination/Cancellation

Hudson Valley Host reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. Hudson Valley Host does not offer refunds on any services under any circumstances.

If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this required time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. Accounts with 50 servers or more require a sixty (60) day cancellation notice. Upon requesting cancellation a final bill, covering the 60 day service period, will be issued and is due upon receipt. The final invoice must be paid in order for the cancellation request to become effective. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Hudson Valley Host staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Hudson Valley Host does not offer any refunds on web hosting including shared and reseller accounts, dedicated servers, VPS, web design, and domain registration. You may cancel your dedicated server at any time however no refunds will be issued. Licenses and add-ons are non-refundable.

6. Privacy Policy

Hudson Valley Host has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC

7. Adult Content

Adult-oriented sites, pornography and sex related content are allowed only on our web hosting and reseller accounts. Child pornography is strictly prohibited.

8. Content

Hudson Valley Host agrees with freedom of speech. However Hudson Valley Host does not allow websites with the following content: Racism of any kind including but not limited to color, religion, creed, or any other beliefs. Other content that is prohibited are threats, hate websites, terrorist websites, violent websites, and malicious content.

Shared and Reseller accounts may not be used as a backup/storage device.

9. Domain Registration/Renewal

If a domain is registered through Hudson Valley Host the client is responsible for renewing the domain. Domain prices are subject to change.

In order for Hudson Valley Host to host your domain you must change your domain name servers (DNS) to our DNS. This must be done at your domain registrar. This is not considered a renewal or transfer of your domain. In order for this process to be performed you must contact your domain registrar.

10. Server Backups

Hudson Valley Host makes a best effort to backup customer files and data. However under no circumstance are we liable for the preservation or backup of your files or data. For liability reason we cannot guarantee that your material will be backed up. Customers should always maintain a copy of their data. Shared cPanel accounts over 5GB are not backed-up automatically.

11. Mail/Spam Policy

Hudson Valley Host has a zero tolerance spam policy. We do not allow unsolicited e-mail, bulk emailing, and spam. Any user found doing such activity will have their account terminated. Websites that are advertised via spam may not be hosted on our servers.

The number of messages allowed to be sent per hour per domain is 350 messages.

Subscribing email addresses to any mailing list without express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in).

User may be charged a fee for blacklist removal of $250.00 or more.

We offer MailChannels addon to our managed services for a premium. We do not allow email marketing on these plans. We do reserve the right to limit or suspend SMTP relay service for any reason. Accounts found spamming will be subject to our spam fee outlined in our terms of service.

12. Server Resource

Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. Hudson Valley Host shall be the sole arbiter of what is considered to be high server usage.

Any dedicated server or VPS account that exceeds their monthly bandwidth allotment will be subject to a bandwidth overage charge of $0.0075/GB. This charge is due within 7 days of the date the overage is invoiced.

13. ClientExec Billing Software

We offer ClientExec billing software at a discounted rate or free to our customer. This offer is only valid while the customer's account is active and valid. If the customers account is canceled, suspended, or terminated their ClientExec Billing Software license will be revoked.

14. IP Policy

Hudson Valley Host offers additional IPv4 addresses at a nominal cost to our clients. Due to the rapid exhaustion and shortage of IP addresses, VPS accounts are limited to a total of (5) IP addresses. If you require more IPs with proper ARIN justification, we can upgrade you to a dedicated server or you may purchase an additional VPS. All IP address usage must be in compliance with ARIN justification rules.

15. Support Policy

Hudson Valley Host offers managed and unmanaged services. For managed services we will provide at our best effort to accommodate your request within reason. All managed services require cPanel/WHM to be installed on the server as well as a valid cPanel/WHM License.

For our unmanaged clients our support is limited to hardware and network issues. Any support that is not related to a network or hardware issue will be subject to a fee of $125.00/hour billed in 15 minute increments.

16. Migration Policy

Hudson Valley Host offers migration assistance for our shared clients, resellers and managed clients. In order for us to migrate your websites over you must be coming from a cPanal and your new server must have cPanel as well. For 1-10 domains the migration is free. For 10-15 domains the price is $4.95 to migrate, 15-25 domains the price is $9.95. Above 25 domains please contact sales for a quote.

17. Affiliate Program Policy

Hudson Valley Host offers an affiliate program which our customers can refer other people to our services. Our affiliate payout if via account credit at Hudson Valley Host. We do not offer any payments outside of account credits. The affiliate earning percentage is 5%. The minimum payout via account credit is $20.00. There is a 30 day hold on all affiliate payouts.

18. Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Hudson Valley Host must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

19. Legal

Hudson Valley Host expects that its customers will abide by all of our rules and all applicable laws. A subscriber's failure to comply with those laws will violate Hudson Valley Host policy. Finally, Hudson Valley Host wishes to emphasize that in signing the service agreement, subscribers indemnify Hudson Valley Host for any violation of the service agreement, law, or Hudson Valley Host policy, that results in loss to Hudson Valley Host or the bringing of any claim against Hudson Valley Host by any third-party. This means that if Hudson Valley Host is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Hudson Valley Host, plus costs and reasonable attorneys' fees.

20. Services Changes

Hudson Valley Host reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.