Policies, Guidelines, & Disclaimer
Includes Terms & Billing Policies

MHVWeb Hosting provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on MHVWeb Hosting servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

DEFINITIONS:
Client = Any account residing on MHVWeb Hosting servers whether paying or free.

MHVWeb Hosting. = any placement of: we, us, our(s)


CONTENT AND USE THAT IS NOT PERMITTED ON
MHVWeb Hosting SERVERS:
ALL SERVICES PROVIDED BY MHVWeb Hosting 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, CITY, COUNTY, OR LOCAL ORDINANCE, 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 MHVWeb Hosting AND/OR ITS EMPLOYEES AND/OR ITS AGENTS FROM ANY CLAIMS RESULTING FROM THE USE OF THE SERVICE WHICH DAMAGES THE SUBSCRIBER OR ANY OTHER PARTY.

PORNOGRAPHY and SEX-RELATED merchandising is PROHIBITED on all MHVWeb Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. You hereby agree that by purchasing MHVWeb Hosting services, MHVWeb Hosting will be the sole arbiter in determining violations of this provision.

ADDITIONALLY PROHIBITED are sites that promote any illegal activity or present content that may be damaging to MHVWeb Hosting servers, its subscribers, the public, national security, personal privacy, and the general health, safety, welfare of our country or any other server on the internet. Links to such materials are also PROHIBITED.

THE FOLLOWING LINKS, CONTENT, AND/OR ACTIVITY IS ALSO PROHIBITED ON
MHVWeb Hosting SERVERS:
- Pirated software
- Hacker programs or archives
- Warez sites
- MP3 server software
- Commercial Advertising - SPAM Email:

SPAMMING, OR THE SENDING OF UNSOLICITED EMAIL from MHVWeb Hosting servers or using an email address or domain that is maintained on a MHVWeb Hosting server as a reference is STRICTLY PROHIBITED. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT PRIOR NOTICE.

Background Running Programs:
We MAY allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. All users must contact MHVWeb Hosting prior to the installation of such programs and MAY be required to sign an additional agreement.

The bottom line. 
Our Servers Are Fast and we want to keep them Fast!

- IRC:
We do not allow IRC or IRC bots to be operated on our servers.

YOU HEREBY AGREE that by purchasing MHVWeb Hosting services that MHVWeb Hosting will be the SOLE ARBITER as to what constitutes a violation of the above provisions.

Site traffic.
Our plans offer some of the largest amounts of Bandwidth you can get on the net at any price! 99.5% of our customers do not even come close to going over their limit. 

If you go over the limit we will let you know so you can see what you are running that is eating bandwidth. Most of the time you are not charged unless it is a large overage. We just give you a warning and help you track down the cause of the problem.  

Excess Bandwidth Charges will be $10 per gig.

NOTE:
In the last year only one site has gone over their plan's limit.

YOU HEREBY AGREE that by purchasing MHVWeb Hosting services that MHVWeb Hosting will be the SOLE ARBITER as to what constitutes a violation of the above provisions.

**The thing to remember here is if your site is consuming 20% or more of the resources then that is when you will be charged extra. This does not often happen unless you have a Yahoo on your hands.

TECHNICAL SUPPORT:

All support issues should be logged on our help desk at http://helpdeskfactor.com.  When you create a account and log a problem on the help desk it saves your service request to the data based on the web page and then pages the technician pager that is on call. It also emails the support tech.

This is far better then EMAIL SUPPORT!  The Tech can logon to the web page for any where and work your call. You will be able to log back on the system and see when a tech picked up your call and see any notes they make about your call. 

When the call is closed the system will email you with the problem resolution.  

 Our network operations center is staffed 24 hours 7 days a week. Many times our NOC techs fix problems before they get to be problems. 

Our response time is 2 to 8 hours. Many times it is less than a hour. We support server side problems only. MHVNet does not provide technical support for non-server issues.

 
If we know the answer we will give it to you but we can not support all of our customer scripts and programs and keep our prices LOW! This includes but is not limited to; all 3rd party software, Java, CGI, scripts, Real Audio  Real Video, applications utilized in developing your web site, including but not limited to, HTML, MySQL, Telnet, FTP, Email Clients.

ALL TECHNICAL SUPPORT REQUESTS MUST BE SUBMITTED USING OUR ONLINE TECHNICAL SUPPORT HELP DESK PROGRAM. Clients submitting technical support via email or requests that are not related to server issues WILL NOT receive a response.

SYSTEM BACKUPS:
Backups are intended for disaster recovery purposes only. In other words, we will backup your server for the event of a complete hard drive failure. 

Incremental backups are performed on a daily basis to our servers. Everyday, they are moved off onto our backup servers. Once every three days, a full backup is done. These backups are not stored by days, but rather by server. 

Even with this backup system, you should keep a local copy of your sites. No backup system is perfect, and when you are backing up the numbers of websites we do, there is certainly room for error. 

SERVER ABUSE:
ANY ATTEMPT to UNDERMINE or CAUSE HARM to any server or customer of MHVWeb Hosting is STRICTLY PROHIBITED and violators will be deleted without prior notice.

BILLING:
The billing period for all accounts is 30 days. All account fees are due on the first day of each billing period. ANY ACCOUNT unpaid five (5) days past its due date will be deactivated without notice.

Any account that is terminated before its due date will be charged at the month to month rate plus the cost of the free domain.

Recurring Billing:
We will no longer send out invoices. All credit cards are billed automatically on the anniversary of their original activation date. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 5 days. If we do not receive a response within 5 days the account will be deactivated AS WELL AS any accounts under that account plan.

ACCOUNT DEACTIVATIONS:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.


CANCELLATION REFUNDS:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only full monthly fees existing on account will be refunded.

This means that if you have paid for 6 months of services and you cancel your account within any 30 day period, you WILL NOT be refunded any partial fees remaining on the month in which your are canceling or prior months. ONLY full paid 30 day periods will be refunded.

COPYRIGHT AND TRADEMARK DISCLAIMER:
All accounts whether paid or otherwise will receive all necessary permissions and authorities to use any Copyrighted and/or Trademarked, including but not limited to, ad copy, graphics, logos, and names, and shall produce within reasonable time, such written permissions and authorities if demanded by MHVWeb Hosting IN WRITING BY U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED.

Placement of domain and responding pages shall be regarded as a guarantee by the domain owner (client) to MHVWeb Hosting that all such permissions and authorities have been obtained.

No responsibility will be accepted by MHVWeb Hosting for damages to or losses incurred by the client from the use of any content for which the required permission or authority has not been properly obtained.

REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service on ANY DOMAIN residing on MHVWeb Hosting servers at our sole discretion.

LIMITATION OF LIABILITY:
MHVWeb Hosting shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from MHVWeb Hosting servers going off-line or becoming unavailable for any reason whatsoever. Furthermore, MHVWeb Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of MHVWeb Hosting servers. All damages shall be limited to the immediate termination of service.

Violations of these Policies and Guidelines should be referred to abuse@MHVNet.com

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:
MHVWeb Hosting shall not be held liable for system downtime, crashes, or data loss, or that which results in ANY ACCOUNT becoming unavailable for an indefinite amount of time. We shall not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by MHVWeb Hosting are resold. Thus, notice is hereby given that certain equipment, routing, software, and programming used by MHVWeb Hosting are not directly owned or written by MHVWeb Hosting.  MOREOVER, MHVWeb Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated.  We reserve the right to remove any account without advanced notice for any reason without refund and/or restitution of damages as MHVWeb Hosting sees fit.

ACCOUNT ACTIVATION:
BY ACTIVATING YOUR ACCOUNT(S) WITH MHVWeb Hosting, YOU HEREBY AGREE THAT YOU HAVE READ THESE PROVISIONS IN FULL AND AGREE TO ADHERE TO THE ABOVE POLICIES, GUIDELINES AND DISCLAIMERS. YOU UNDERSTAND THAT FAILURE TO ABIDE BY MHVWeb Hosting POLICIES, GUIDELINES AND DISCLAIMERS IS GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION WITHOUT NOTICE, REFUND AND/OR RESTITUTION OF DAMAGES.

FURTHERMORE, MHVWeb Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without DIRECT NOTIFICATION TO CLIENT(S) BUT BY POSTING AT THIS PLACE WITHIN OUR SITE AND IT IS THE RESPONSIBILITY OF ALL MHVWeb Hosting CLIENTS TO REVIEW THESE POLICIES, GUIDELINES, AND DISCLAIMERS EVERY 15 DAYS FOR REVISIONS.

MHVWeb Hosting also retain the right to increase any pricing, and make changes to our account plans without direct notification to clients, but by posting such changes and increases on pages corresponding to our domain hosting account plans.

Governing Law/Venue:
If you accept service from us then this agreement shall be governed only by the laws of the State of New York. Venue for any action hereunder shall be in Dutchess County, in the State of New York

Mid-Hudson Valley Web Hosting
P.O. Box 369
Pleasant Valley, NY 12569

Phone - 914-453-8124 
Fax - 845-635-2602
Info. Email - Info@MHVWeb.com 
Billing Email - Billing@MHVWeb.com
 Technical Support Email - Tech@MHVWeb.com
Online Manual http://TheHelpFactor.com