Valley Hosting, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided by Valley Hosting, Inc. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Valley Hosting, Inc., from any claims resulting from the subscriber's use of Valley Hosting, Inc's services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Valley Hosting, Inc. server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Valley Hosting, Inc servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking programs or archives
- Warez Sites
- Cracks
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Valley Hosting, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Valley Hosting, Inc server or email address that is maintained on a Valley Hosting, Inc machine is STRICTLY prohibited. Valley Hosting, Inc will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Valley Hosting, Inc.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a Valley Hosting, Inc server or subscriber of Valley Hosting, Inc is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Valley Hosting, Inc. and all dedicated servers must adhere to the above policies.
Scheduled Maintenance and Downtime
Valley Hosting, Inc will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Valley Hosting, Inc's control or which are not reasonably foreseeable by Valley Hosting, Inc, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Valley Hosting, Inc will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Valley Hosting, Inc has no responsibility for downtime resulting from a user's actions.
Refunds
Refunds will be posted
for FULL months only, with the exception of plans including
a 30 day money back guarantee (shared hosting only.) Notice
of cancellation must be given before the month in question
begins.
Any violation of Valley Hosting, Inc.'s Terms of Service Agreement shall result in no refund.
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. Valley Hosting, Inc maintains the right to cancel accounts at its discretion.
Account Setup and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Valley Hosting, Inc.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 15 days of the invoice date.
Termination of accounts due to overdue payment: If the account is not paid within 45 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Parked Domain Names: There is no fee
for parking additional domain names.
Domain Name Transfers: Valley Hosting, Inc shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Valley Hosting, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Valley Hosting, Inc. programming staff. (Cpanel is not associated with Valley Hosting, Inc.)
Limitation of Damages
Recovery of damages from Valley Hosting, Inc may not exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Valley Hosting, Inc.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Valley Hosting, Inc. administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account.
Valley Hosting, Inc. maintains the right to terminate accounts without prior
notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute Resolution
Any dispute between Valley Hosting, Inc and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Nevada law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Clark County, Nevada, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
