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
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.
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.
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.
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.
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.
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.
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.
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.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC
Adult-oriented sites, pornography and sex related content are allowed only on our web hosting and reseller accounts. Child pornography is strictly prohibited.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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8185 Sheridan Drive |
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(800) 518-9716 |
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(716) 335-9628 |
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This Agreement (which includes and incorporates by reference Sales Orders attached and any Service Agreement Addendums) sets forth the terms under which the parties agree that Hudson Valley Host shall provide certain services to Customer according to the following specifications:
GENERAL TERMS AND CONDITIONS-All SERVICES
4.1 Customer shall pay Hudson Valley Host the One-Time Install Fees and Recurring Monthly Fees specified in the Service Table of the sales order contract, as well as any charges for Other Services and the cost (on an estimated or actual basis) of supplying electrical power to the Customer Space in excess of 5.0 amps for octals, 10 amps for quarter cabinets, or 20 amps for half, full or custom cages (the “Additional Power”). Upon 30 days or greater written notice prior to the end of the Term, Hudson Valley Host may change any fees payable under this Agreement. Customer shall pay all taxes levied against or upon the services stipulated in the Service Table of the sales order contract (as amended by the parties from time to time) or otherwise provided by Hudson Valley Host under this Agreement (not including taxes based on Hudson Valley Host’s income).
4.2 All One-Time Install Fees shall be payable in advance. All Recurring Monthly Fees shall be payable monthly in advance. Monthly Fees for Internet Traffic and charges for Other Services, which are not billed as Recurring Monthly Fees, shall be payable monthly in arrears.
4.3 Except for the First Payment shown in the Service Table of the sales order contract, which must be paid by Customer to Hudson Valley Host before commencement of the Term, all amounts shall be payable on the 15th of the month in which an invoice is received, which invoices shall be issued on the first day of each month. Customer shall pay by pre-authorized payment to a Customer credit card, paypal, wire transfer or by check drawn on immediately available funds and remitted to Hudson Valley Host at the address set forth above. A 3.5% service charge shall be imposed and added to the customer monthly recurring charge for all invoices paid via credit card or paypal.
4.4 Any payment not made when due shall be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).
4.5 If Customer’s traffic usage fails to meet or exceed the amount specified as the Minimum Commitment in the Bandwidth Pricing section of the Service Table of the sales order contract, Customer shall be billed for the amount of the Minimum Commitment.
4.6 Hudson Valley Host reserves the right at any time to require a security deposit, the amount of which is based upon one (1) month’s estimated or current usage.
11.1 Notices. Every notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing to the party at the address first set forth above for such party and shall be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered personally; (ii) one business day after deposit with a commercial overnight carrier, with written verification of receipt, if sent by courier; (iii) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission; and (iv) if sent by email.
11.2 Compliance With Laws. Customer shall comply with all applicable laws, regulations, and ordinances.
11.3 Assignment. Customer may not assign this Agreement or any of its rights or obligations or the license hereunder, without the prior written consent of Hudson Valley Host. 11.4 Survival. The provisions set forth in Sections 4, 6, 8, 9, 10 (indemnity obligations only), 11, 22, 23 and 26 (indemnity obligations only) of this Agreement shall survive termination or expiration of this Agreement.
11.4 Reservation of Rights. Hudson Valley Host reserves all rights not specifically granted herein.
11.5 Entire Agreement. This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement, and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.
11.6 Warranty. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, HUDSON VALLEY HOST MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
11.7 Modifications. This Agreement may not be altered, amended or modified, except in writing and signed by both parties.
11.8 No Waiver. No failure or delay in enforcing any right or exercising any remedy shall be deemed a waiver of any right or remedy.
11.9 Severability and Reformation. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
11.10 Remedies not Exclusive. The remedies available to the parties under this Agreement are cumulative and not exclusive to each other, and any such remedy shall not be deemed or construed to affect any right which either of the parties is entitled to seek at law, in equity or by statute.
11.11 Relationship. The relationship of Hudson Valley Host to Customer shall be that of an independent contractor, and neither Hudson Valley Host nor any employee of Hudson Valley Host shall be deemed to be an agent or employee of Customer.
11.12 Choice of Law and Attornment. This Agreement shall be governed and interpreted by the laws of the State of New York, without regard to its conflicts of law provisions.
11.13 Further Assurances. Each of the parties shall promptly execute and deliver to the other at the cost of the other such further documents and assurances and take such further actions as the other may from time to time request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights, interests and remedies intended to be created in favor of the other.
11.14 Liens and Encumbrances. Customer (and its clients) shall not have the power, authority or right to create and shall not permit any lien or encumbrance, including without limitation, tax liens, mechanics’ liens, builders liens or other license or encumbrances with respect to work performed, in connection with the Equipment or use of the Customer Space.
11.15 Disputes. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, then the dispute shall be referred to arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
11.16 Order of Precedence. In the event of a conflict between the sales order contract and these terms and conditions, the sales order contract shall take precedence.
11.17 Indemnification: Customer shall indemnify, defend and hold Hudson Valley Host its affiliates, officers, directors, licensees, licensers, and vendors harmless from any and all claims, losses, damages and expenses, including, without limitation, reasonable attorney’s fees and court costs, or liabilities arising from or related to (i) Service Misuse or a violation of any other provision of this Agreement; (ii) any claim of infringement of any intellectual property or other proprietary interest based on the possession or use of any Service(s), software or equipment furnished to Customer or Customer’s end-user(s) and/or customer(s); (iii) any claim that Content, or the manner in which Customer or Customer’s customer(s) and/or end user(s) make use of the Service(s), constitutes an infringement of any patent, copyright, trademark, trade secret, or other right of any third party; (iv) any acts or omissions of Customer, its employees, agents, contractors, invitees, licensees, visitors, and/or customer/end-users; and/or (v) any injury or damage to the person, property, or business of Hudson Valley Host its employees, agents, contractors, invitees, licensees, visitors, and/or customer(s)/end-user(s).
11.18 Confidentiality: Each Party agrees that the terms of this agreement and all information furnished to it by the other Party, including maps, pricing, financial terms, network routes, design information, methodologies, specifications, locations or other information to which it has access under this Agreement, are deemed the confidential and proprietary infoirmati0on or trade secrets(collectively referred to as “Proprietary Information”) of the Disclosing Party and will remain the sole and exclusive property of the Disclosing Party (the Party furnishing the Proprietary Information referred to as the “Disclosing Party” and the other Party receiving the Proprietary Information referred to as the “Receiving Party”). Each Party shall treat the Proprietary Information that the Receiving Party either knows or reasonably should know to be confidential to the Disclosing Party and the contents of this Agreement in a confidential manner and, except to the extent necessary in connection with the performance of its obligations under this Agreement, neither Party may directly or indirectly disclose the same to anyone other than its employees identified within an Order hereunder on a need to know basis and who agree to be bound by this term and condition, without the written consent of the Disclosing Party. Information will not be deemed Proprietary Information if it (i) becomes publicly available other than through the actions of the Receiving Party; or (ii) is independently developed by the Receiving Party; or (iii) becomes available to the Receiving Party without restriction from a third party. If the Receiving Party is required by a governmental or judicial law, order, rule, regulation or permit to disclose Proprietary Information, it must give prompt notice to the Disclosing Party to minimize such disclosure and disclosure after such notice shall not be a breach thereof.
11.19 Privacy Policy: Please refer to Hudson Valley Host’s Privacy Policy located on our website for further terms and conditions.
CO-LOCATION TERMS AND CONDITIONS
20.1 All Customer employees, agents, contractors or invitees (“Customer Persons”) having access to the Premises must be approved in advance by Hudson Valley Host. Approval by Hudson Valley Host does not release Customer from its responsibilities pursuant to this Agreement, nor by approving such Customer Persons does Hudson Valley Host waive its right to be indemnified by Customer.
20.2 Customer must provide Hudson Valley Host with particulars, including a current photograph of each Customer Person, before that Customer Person is given access to the Premises
20.3 No more than three Customer Persons shall be authorized to have access to the Premises at any time.
BANDWIDTH TERMS AND CONDITIONS
28.1 For purposes of billing, traffic is measured as of the last day of each month.
28.2 Traffic is measured using MRTG.
28.3 Real-time access to MRTG data is available via a Web interface.
28.4 Traffic data is captured on the Hudson Valley Host switch associated with the customer connection. 28.5 All BGP customers shall be charged based on the 95th percentile method.
