Web Hosting: Terms of Service

Mchenry Web Design, provides web hosting to many clients, and it has a responsibility to protect each client to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content:

All services provided by Mchenry Web Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any or United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to: copy righted 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 Mchenry Web Design from any claims resulting from the use of the service which damages the subscriber or any other party. 

I l l e g a l   p o r n o g r a p h y  is prohibited on all our servers. This includes equally sites that link to such content.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

Mchenry Web Design will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Mchenry Web Design servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• i l l e g a l  p o r n o g r a p h i c  sites (such as  c h i l d  p o r n)
• Violations of Copyrights
• Hacker programs or archives
• Warez sites
• Hate propaganda

Spam is a direct violation and will get the site deleted without notice or refund. Selling of software and or bulk email addresses is not acceptable on our servers.

MP3 and other types of sites designed for downloading of material by a mass user group. This includes but is not limited to, Music, video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively high bandwidth site with the sole purpose to distribute freely products for download.

Mchenry Web Design will be the sole arbiter as to what constitutes a violation of  this provision.

All accounts

We have found most our customers to stay within "reasonable limits."  However, to maintain the integrity of our service, we must state the following restrictions:

To all our accounts applies the following restrictions:

• Multiple hosts resolving at an IP or domain name that we provide. 
• Sites with cgi's running from their domain used on other domains. 
• Sites using more than 20% of system resources.
• Mchenry Web Design will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Mchenry Web Design account or using an email address or domain that is maintained as a Mchenry Web Design account as reference is STRICTLY prohibited. As deligated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be closed.

Mchenry Web Design will be the sole arbiter as to what constitutes a violation of this provision. 

Spamming WILL get your account terminated.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

30 Day Money Back Guarantee/Refunds

Should you become unsatisfied with our services within the first 30 days of your account activation, Mchenry Web Design will refund your hosting fee. Domain registration and/or transfer fees are non-refundable.

We DO NOT refund partial monthly fees to accounts cancelling after their 30 day initial account activation period. If you cancel an account after the 30 day guarantee period, but before the end of a month, your account will still be accessible for the balance of that month.

Background Running Programs

CRON JOBs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis, however, and an extra charge may be incurred based on system resources used and operational maintenance needed. 

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

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer of McHenry Web Design. is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service:

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

Limitation of liability:

Your use of Mchenry Web Design services are at your sole risk.  All Mchenry Web Design services are provided on an "AS IS" basis WITHOUT  WARRANTIES OF ANY  KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,  NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. 

Mchenry Web Design makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the McHenry Web Design service. 

IN NO EVENT WILL Mchenry Web Design  BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR 
INABILITY  TO USEMchenry Web Design's SERVICES OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT 
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; 
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; 
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM 
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS 
TO,  ALTERATION OF, OR USE OF ANY RECORD.

Mchenry Web Design reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to the MchenryWebDesign.com site you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order!

All complaints will be investigated promptly.

Pick up the phone and call 815-337-4140. Or, send us an Email, with your name and phone number, and we'll call you back on our quarter. If you'd like to provide more detalied information on your needs, use our main Contact Us Page.