Herley Web Hosting - Terms of Service

Herley Web Design agrees to provide the client web hosting for a monthly/semi-annual/annual fee. Herley Web Design will never require clients to advertise for Herley Web Design on their website in any way shape or form unless agreed upon.  Clients are allowed to use the service for business/commercial or personal websites or content.

Contents
All services provided by Herley Web Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Herley Web Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software
Vip Poster
Proxys

Background Running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Herley Web Design reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through Herley Web Design's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Herley Web Design Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Herley Web Design Network. If you use a domain name in connection with the Herley Web Design Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Herley Web Design reserves the right at its sole discretion to refuse or cancel service. Violation of any of Herley Web Design's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail
You must not use the Herley Web Design Network, Herley Web Design equipment or any Herley Web Design email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Herley Web Design Network, Herley Web Design equipment or any Herley Web Design email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Herley Web Design reserves the right to disable your domain without warning. In addition, Herley Web Design may impose a $50 penalty for each spam policy violation. Herley Web Design solely reserves the right to refuse or cancel service to known spammers. Lastly, Herley Web Design reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a Herley Web Design server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Herley Web Design (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Herley Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Herley Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Herley Web Design server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Herley Web Design to the amount paid for service.

Refund and Cancellation Policy
For payment, Herley Web Design accepts Visa, MasterCard, and Discover thru PayPal. Herley Web Design invoices exclusively via e-mail. Herley Web Design does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our forty five (45) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Herley Web Design that is listed on our site. You may cancel for any reason.

If after forty five (45) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Herley Web Design.

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.

You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please go to our contact page and select "Billing issues" as the subject of your reply to arrange payment.

Cancellation
You must use only one of the following methods to deliver an official written notice of cancellation:
Please please go to our contact page and select "Billing issues" as the subject of your reply.  On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer
Herley Web Design will not be responsible for any damages your business may suffer. Herley Web Design makes no warranties of any kind, expressed or implied for services we provide. Herley Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Herley Web Design and its employees. Herley Web Design makes a 99.99% Uptime guarantee.

Herley Web Design keeps daily backups of their servers. Herley Web Design can accept no responsibility for any loss of data or consequences arising from this. Herley Web Design always advises clients to back up their site data regularly for its own protection.

Finally, Herley Web Design wishes to emphasize that in accepting services, customers indemnify Herley Web Design for the violation of any law or Herley Web Design policy, that results in loss to Herley Web Design or the bringing of any claim against Herley Web Design. This means that if Herley Web Design is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Herley Web Design, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Herley Web Design reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.