Hemingway Publications 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 - these Policies, Guidelines, and Disclaimer are intended for all domains residing on Hemingway Publications servers.
DEFINITIONS:
Client = Any account residing on Hemingway Publications servers.
Hemingway Publications = any placement of: we, us, our(s)
Content & use that is not permitted on Hemingway Publications servers:
All services provided by Hemingway Publications 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 Hemingway Publications 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 Hemingway Publications servers. This includes sites that may infer sexual content, or links to adult content elsewhere. You hereby agree that by purchasing Hemingway Publications services, Hemingway Publications 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 Hemingway Publications, 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 Hemingway Publications SERVERS:
- Pirated software
- Hacker programs or archives
- Warez sites
- MP3 server software - this does not mean you can not host or have an MP3 on your site - This means that you can not operate a site that sells and distributes pirated MP's.
- SPAM Email - SPAMMING, OR THE SENDING OF UNSOLICITED EMAIL from Hemingway Publications servers or using an email address or domain that is maintained on a Hemingway Publications server as a reference is STRICTLY PROHIBITED. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT PRIOR NOTICE. No credit for time left will be given.
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 Hemingway Publications prior to the installation of such programs and MAY be required to sign an additional agreement.
IRC: (internet relay chat operations) This does not mean that you can not use a chat program on your own PC - That service is provided by other entities and not subject to these terms. It does mean that you can not be operating one of these chat services while on our server.
Attacks to your site:
'Cyber Attacks' - Should your site be the brunt of a cyber attack in which cpu usage is maxed out on our server or to a point where it will hinder or slow the operation of other sites You will be notified and warned the first time. Should it become an ongoing problem we will ask that you move the site by end of the next business day. While this is an unfortunate occurrence it is usually the result of a nefarious activity from your site.
Hemingway Publications will be the SOLE ARBITER as to what constitutes a violation of the above provisions.
Site traffic:
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.
NOTE: In the last year no site has went over their plan's limit.
SYSTEM BACKUPS:
Backups are intended for disaster recovery purposes only. In other words, we backup our servers each night for the event of a complete hard drive failure.
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 Hemingway Publications is STRICTLY PROHIBITED and violators will be deleted without prior notice.
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 Hemingway Publications
Placement of domain and responding pages shall be regarded as a guarantee by the domain owner (client) to Hemingway Publications that all such permissions and authorities have been obtained.
No responsibility will be accepted by Hemingway Publications 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 Hemingway Publications servers at our sole discretion.
LIMITATION OF LIABILITY:
Hemingway Publications shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from Hemingway Publications servers going off-line or becoming unavailable for any reason whatsoever. Furthermore, Hemingway Publications 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 Hemingway Publications servers.
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
DISCLAIMER:
Hemingway Publications 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 Hemingway Publications are resold. Thus, notice is hereby given that certain equipment, routing, software, and programming used by Hemingway Publications may not be directly owned or written by Hemingway Publications - MOREOVER, Hemingway Publications 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.
ACCOUNT ACTIVATION:
By activating your account(s) with Hemingway Publications, 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 Hemingway Publications policies, guidelines and disclaimers is grounds for immediate account deactivation without notice, refund and/or restitution of damages.
Furthermore, Hemingway Publications retains the right to change any or all of the above Policies, Guidelines, and Disclaimers with or without direct notification to client(s) & by posting at this place within our site. it is the responsibility of all Hemingway Publications clients to review these policies, guidelines, for revisions.
Governing Law/Venue:
If you accept service from us then this agreement shall be governed only by the laws of the State of Illinois. Venue for any action hereunder shall be in Winnebago County, of the State of Illinois