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This Terms of Service Agreement (hereafter 'Agreement' or 'TOS') is entered into by and between HarryAdney Internet Services, (hereafter 'We' or 'Us or 'Our') and you (hereafter the 'Client') and is made effective as of the date of your use of Our website or the date of electronic acceptance.
The current version of the TOS can be found on the website https://harryadney.com/terms.php.
HarryAdney Internet Services and the Client shall be collectively referred to as the Parties. The parties agree as follows:
Under this Agreement, We will provide Web Hosting, Monitoring, Automatic Failover Service, URL redirection and related services (hereafter 'Services') to Client. By accepting this Agreement and using Our Services, Client agrees to be bound by all the terms and conditions of this Agreement.
We agree to provide Client with Services. We reserve the right to change or modify the features of Client's service plan from time to time on 15 days written or e-mailed notice to Client. Client's continued use of Our services after receipt of such a notice of modification shall constitute Client's acceptance of and agreement to be bound by Our modification of the terms and conditions of this Agreement.
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the 'Initial Term'). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
Client agrees to abide by the terms of this Agreement and by Our general use policies as set forth in this Agreement, as those policies may exist from time to time. We may change the use policies on 15 day written notice to the Client by e-mail message. Any violation by Client of the terms of this Agreement or of Our general use policies shall be grounds for immediate termination of Client's account for cause. If We terminate the Client's account for a violation of this Agreement, We shall not be required to refund any amounts billed for the billing period in which We terminates Client's services.
We shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Our server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by Us.
Any material and data Client provides to Us in connection with Services shall be in a form requiring no additional manipulation on Our part. We will make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. We, at our sole discretion, may reject material or data that Client has placed on Our servers or that Client has requested that We put on Our servers. We agree to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Our requirements. Client's failure to amend or modify the data or material as directed by Us within a reasonable time shall be a breach of this Agreement.
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages ('junk mail' or 'spam'). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to 'mail bombing' (flooding a user or site with very large or numerous pieces of e-mail) and 'trolling' (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person's permission is prohibited. Our accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to £99.
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client's agreement. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client's account for cause.
Client is responsible for and must provide all phones, ISP services, computers, software, hardware, and other services necessary to access Our servers. We makes no representations, warranties, or assurances that Client's equipment will be compatible with HarryAdney Internet Services.
Client expressly represents and warrants that Client and any person to whom Client grants access to Client's account with Us are at least 18 years of age.
Client agrees to defend, indemnify, and hold Us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Us, its agents, servants, 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, Client's agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless HarryAdney Internet Services against liabilities arising out of:
Client agrees that the liability limit of HarryAdney Internet Services shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Client agrees to keep Us informed of all current contact information for Client's account. Changes in Client's account information may be reported to Our website located at https://harryadney.com/contact.php. Failure to maintain or keep current all contact information shall be a ground for Us to terminate Client's account for cause.
This Agreement has been entered into in the State of Delaware (USA), and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Us of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
This Agreement shall constitute the entire agreement between Client and HarryAdney Internet Services, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
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