Terms Of Service

1. Disclaimer

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.

2. Uptime

Hudson Valley Host will make access available to you on a best-effort basis. Service outages can occur over which we have no control. In the event that an outage lasts more than 24 hours, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge. Although our average system uptime is outstanding, we cannot and will not make any guarantee of any kind regarding the stability or uptime of this service.

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-signup 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 order: If your order is processed you may be asked to send us a copy of your credit card from security reasons before your account is activated. All orders are subject to being denied. All credit card payments are automaticly billed every month.

4. Abuse

Server abuse will not be tolerated. 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 distrubution 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: No IRC, IRC bots, gameservers, or IRC shells allowed..

I: Proxy scripts, anonymizers, warez, image/filedump, miriror, 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.

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 only offers refunds on web hosting. Our refund policy is 14 days. If you are unhappy for any reason with Hudson Valley Host you may cancel your account within 14 days. It only applys to accounts that cancelled by customer not by Hudson Valley Host.

6. Privacy Policy

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.

7. Username/Domain Changes

The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. If you would like to change domain names, a $5.00 setup fee applies to any and all domain name changes.

8. 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.

9. 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. However one cPanel backup of the same account is permitted.

10. 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.

11. Server Backups

Most of our servers are have backup equipment. For liability reason we cannot guarantee that your material will be backedup. Therefor please backup your accounts off of our servers. We are not responsible for lost material. If you require your accounts to be backedup we can do so.

12. 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 fees for sending spam.

13. 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.

14. 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 Hostpolicy. Finally, Hudson Valley Hostwishes to emphasize that in signing the service agreement, subscribers indemnify Hudson Valley Hostfor 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.

15. 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.