Terms and Conditions - ShenValleyOnline.net

ShenValleyOnline.net reserves the right to change these Terms and Conditions at any time. Notification of changes will be sent via e-mail to all clients at least 30 days in advance of the effective date of the changes. Notification of changes will also be posted on our web site at least 30 days in advance of the effective date of the changes. ShenValleyOnline.net is not responsible for any failure that prevents a client from receiving any e-mail notification.

ShenValleyOnline.net strives to provide the best possible service to all our clients, and we have a responsibility to protect each client. We will not tolerate any unlawful activity or abuse on or to our servers. We respect freedom of speech and expression unless it is harmful to others. The following guidelines have been designed to ensure these obligations are met.

Legal Capacity of the Client:

If the client is an individual, the client represents that he/she is eighteen (18) years of age or older. Accounts may be formed in the name of a person who is less than eighteen (18) years of age by a parent or guardian and, in such case, the parent or guardian is fully responsible for all usage of the services and for performing and observing all of these Terms and Conditions.

Payment Policies, Fees, Account Termination, and Refunds:

You must provide ShenValleyOnline.net with accurate and complete billing information, including your legal name, address, telephone number, e-mail address, and applicable payment data and to update this information immediately if any change occurs.

ShenValleyOnline.net reserves the right to change prices at any time. Notification of changes will be sent via e-mail to all clients at least 30 days in advance of the effective date of the changes. Notification of changes will also be posted on our web site.

All monetary transactions are in US dollars ($). Full payment is required before any hosting service is rendered, including renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, or one year) following the date the account was established. Billing will continue until you cancel your hosting account. ShenValleyOnline.net charges a $30 fee for returned checks and charge backs.

Any account whose payment is thirty (30) days past due is subject to suspension for nonpayment. Past due accounts are subject to a 1.5% per month service charge (18% per year) on the past due amount. Past due accounts are subject to termination after forty-five (45) days in the past due state. There is a $30 fee for restoration of terminated accounts. Terminated accounts will not be restored until the past due amount and all service charges and the restoration fee are paid in full.

Additional features can be added at any time. Monthly prices for these optional features are not prorated.

You may cancel your hosting account at anytime and there are no cancellation fees. If cancellation is made within the first 30 days of service all hosting fees will be refunded (this does not include set-up fees or fees for domain registration). If you cancel your service after the initial 30-day period, you will receive a refund for prepaid, unused months (you will not receive a refund for the balance of the current month). If you have prepaid and received a multi-month discount and/or free domain registration, upon cancellation we will subtract the discount back to the start date of the prepaid period and refund the balance. Prepaid domain registration will be treated as a $25 per year discount. This will result in paying the full, undiscounted price for the months used. If ShenValleyOnline.net cancels the account due to violation of these Terms and Conditions, there will be no refund. Domain registration fees are not refundable.

Account Cancellation:

You may cancel your hosting account at anytime. To cancel your account, please follow these instructions:

• Send a written cancellation request by e-mail or postal mail. Phone requests will not constitute acceptance of any cancellation.
• Notification of cancellation must be received at least five business days prior to your billing cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges for the next month.
• It is the client's responsibility to secure e-mail confirmation from ShenValleyOnline.net that the account has been canceled. If the client has not yet received e-mail confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
• If client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve client of any outstanding financial obligations.
• Transferring your domain to another provider or nonuse of your hosting account does not constitute cancellation of your account. You must formally notify ShenValleyOnline.net to cancel your account and avoid further charges.

Limited Warranty:

YOU ACKNOWLEDGE THAT SERVICES ARE PROVIDED "AS IS." NEITHER ShenValleyOnline.net, NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ShenValleyOnline.net IS NOT RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF INFORMATION AVAILABLE ON ITS SERVERS OR RESIDING ON OR PASSING THROUGH ITS INTERCONNECTING NETWORKS. USE OF INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR RISK.

Limitation of Liability:

IN NO EVENT SHALL ShenValleyOnline.net BE LIABLE FOR ANY LOSS, OR LOSS OF DATA, OR OTHER COMMERCIAL DAMAGE, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO LOSS, CORRUPTION, OR DELETION OF DATA OR WEB SITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ShenValleyOnline.net's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ShenValleyOnline.net's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ShenValleyOnline.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ShenValleyOnline.net's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ShenValleyOnline.net FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ShenValleyOnline.net's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification:

Client agrees that it shall defend, indemnify, save and hold ShenValleyOnline.net harmless from any and all demands, liabilities, losses, damages, costs, or claims, including reasonable attorney's fees asserted against ShenValleyOnline.net, its agents, its clients, directors, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ShenValleyOnline.net against liabilities arising from the following: (a) with respect to your business, (i) any infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein; (b) any damage or destruction to ShenValleyOnline.net's equipment or to any other client, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by ShenValleyOnline.net's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

SPAM:

ShenValleyOnline.net is committed to a no spam policy. Under this policy, we prohibit spam, the sending of any unsolicited commercial e-mail, cross-posting messages to a large number of Usenet groups, or posting obscene or threatening messages from a ShenValleyOnline.net server. Sending or posting such e-mail or message that advertises, mentions, or links to a site hosted on ShenValleyOnline.net servers, or using an e-mail address or domain that is maintained on a ShenValleyOnline.net server as reference is STRICTLY prohibited. The use of ShenValleyOnline.net servers as a mail drop for responses to activities described above is also prohibited.

We react quickly and seriously to violations, and we further reserve the right to terminate immediately the hosting account of any client disregarding this policy, without prior notice.

If you have any complaints or comments regarding spam on our network, please direct them via e-mail to abuse@shenvalleyonline.net.

ShenValleyOnline.net will be the sole arbiter as to what constitutes a violation of this provision.

Content:

All services provided by ShenValleyOnline.net 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, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material; intellectual property; material protected by trade secret or other statute; material we judge to be threatening or obscene; and material that advocates or calls for the commission of crimes or civil harm to any person, group of people, corporation, country, or other entity, or invasion of privacy.

All pornographic content and sex-related merchandising is prohibited on all sites hosted by ShenValleyOnline.net. This includes sites that may infer sexual content or links to adult content elsewhere.

The use of any ShenValleyOnline.net service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.

Also prohibited are intellectual property violations including anything that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity, sites that promote any illegal activity or present content that may be damaging to ShenValleyOnline.net servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Bots
• IRC servers
• Web proxy scripts
• CGI or php shell scripts
• Greymatter web log software
• Matt Wright’s form mail script

Any site violating this policy will be deactivated and all files deleted without warning.

ShenValleyOnline.net will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising E-mail:

The sending of unsolicited email (spamming) from the server or referencing a domain hosted by ShenValleyOnline.net in any spam, whether originating from the server or not, is forbidden. Complaints regarding spamming are investigated thoroughly by ShenValleyOnline.net. Should abuses be found, we reserve the right to immediately and without notice terminate the offending account. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on the server. Unsecured form-to-mail scripts such as Matt Wright's formmail script, are also prohibited, as are any naming variant of generic form-to-mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form-to-mail scripts found in any client account may be deleted or renamed at the discretion of ShenValleyOnline.net.

Misuse of System Resources:

Any attempt to undermine or cause harm to a server or client of ShenValleyOnline.net is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the client's own account; use of server for backup of files unrelated to the web site of the account; resale or remote access to CGI scripts installed on our server; use of server to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

No IRC (Internet Relay Chat) related software is permitted on our server, including servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

CGI Scripts:

Each account comes with its own cgi-bin. Except as noted below, you are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation or service to other web sites on the server, network, or the Internet.

The following scripts are prohibited:

• CGI or php-based shell scripts including any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.
• Web proxy scripts including any script, such as nph-proxy, that allows anyone to browse to a third party web site from the server or that otherwise masks the true origination point of browsing activities by use of network information associated with the server. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.
• The weblog software Greymatter is not permitted on the server. Filtering is performed to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Such software will be deleted when found. Repeated violations will result in account suspension or termination.
• Unsecured form to mail scripts, such as Matt Wright's formmail script

Chat:

ShenValleyOnline.net does not allow chat rooms to be operated from its server. You can, however, include links from your site to a chat provider.

Subhosting:

Subhosting (hosting more than one web site with a single ShenValleyOnline.net user account) is not allowed on ShenValleyOnline.net server. We do, however, allow subdomain accounts. For more information, please refer to our Hosting Plan Comparison page.

Refusal of Service:

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

Backups:

Full backups are made daily and rotating weekly and monthly backups are also kept. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any related information.

Suspension:

Activity that results in a suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints received regarding abuses of an account will be grounds for suspension.

Governing Law and Venue:

You agree that the contractual relationship between You and ShenValleyOnline.net and your use of its services are governed by Virginia law, excluding its conflict of law provisions. Venue for any claim or cause of action arising from your relationship with ShenValleyOnline.net or your use of its services shall be proper only in the Circuit Court of Rockingham County, Virginia or the Federal District Court for the Western District of Virginia, Harrisonburg Division.

Failure to follow these Terms and Conditions will be grounds for immediate account deactivation.

Revised: 16 April 2021