By purchasing any of Hertz Web Solutions services you agree to the Terms of Service, Privacy Policy & Acceptable Usage Policy:

Terms of Services
Revision date: 25th February 2009

All services provided by HWSHosting // Richard Myers T/A Hertz Web Solutions ("HWSHosting") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom law, or International law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene, or material protected by law. The subscriber agrees to indemnify and hold harmless HWSHosting from any claims resulting from the use of service which damages the subscriber or any other party.

HWSHosting prohibits sites that promote any illegal activity or present content that may be damaging to HWSHosting' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links, but not limited to:
Pirated software, Nulled Software/Scripts
Hacking related programs or archives
Warez sites (linking or hosting)
Mass Email Software/Scripts/Sites
Proxy Sites & Software (Excluding VPS)
IRC Related Software/Sites/Scripts (Unless Permission is Given)
Torrent Related Scripts/Software/Sites
Any Material Reported To Us Via Our Server Provider

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY PENDING INVESTIGATION, TERMINATION OF THE ACCOUNT MAY TAKE PLACE WITHOUT PRIOR NOTICE. ADDITIONALLY, HWSHosting WILL NOTIFY THE RELEVANT AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance.
We monitor all accounts and automatically suspend any account exceeding their allowance.
Traffic upgrades can be purchased via the Sales Department.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of HWSHosting 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.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of HWSHosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, HWSHosting shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver 7 days prior to your due date, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to HWSHosting by no later than the specified payment due date. HWSHosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by HWSHosting to client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to HWSHosting and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We offer a 7 day 'No Questions' Money back guarantee, this does not include Promotional Packages or Offers & excludes License fees.

Refunds:  If client has retained the services for one year and has pre-paid HWSHosting for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Chargebacks will not be tolerated, all services provided are non-refundable. By ordering through HWS Hosting and agreeing to our ToS you agree not to issue a chargeback through any provider (Paypal, GoogleCheckout or your Credit/Debit/Bank). Chargebacks will be subject to a £75 fee.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of £5.00 prior to reactivation, at the sole discretion of HWS Hosting.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require notification of intended cancellation 7 days before your next due date.

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

Limitation of Liability
HWSHosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HWSHosting ' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, HWSHosting 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 HWSHosting's servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to admin@hwshosting.net.
All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
HWSHosting cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by HWSHosting are resold. Thus, certain equipment, routing, software and programming used by HWSHosting are not directly owned or written by HWSHosting. Moreover, HWSHosting holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HWSHosting sees fit.

Account Activation
By placing an order for any service/account provided by HWSHosting, you agree to the above policies and disclaimer.

Server Uptime Guarantee
Although HWSHosting has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. At this time we have a 99.95% Uptime Record dating back to 30th November 2007.

HWSHosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 12th November 2008
HWSHosting 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.

Information Automatically Logged
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.

Order Forms
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.

Security
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.

Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: admin@hwshosting.net

 

Acceptable Use Policy
Revision date: 12th November 2008

As a provider of web site hosting and other Internet-related services,
HWSHosting offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. HWSHosting
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, HWSHosting reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
HWSHosting has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using HWSHosting' services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use it, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that HWSHosting cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because HWSHosting cannot
monitor or censor the Internet, and will not attempt to do so, HWSHosting
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must
keep in mind that HWSHosting does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over HWSHosting'
network and may reach a large number of people, including both subscribers
and non-subscribers of HWSHosting, subscribers' postings to the Internet
may affect other subscribers and may affect HWSHosting' goodwill,
business, reputation or operations. For these reasons, subscribers violate
HWSHosting policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward HWSHosting, but also because it can overload HWSHosting'
network and disrupt service to HWSHosting' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
HWSHosting will investigate and shutdown the account that is
SPAMing. A £25.00 charge for violating this policy may be charged to the
person initiating the SPAM. Furthermore HWSHosting reserves
the right to prosecute for this violation. A £1.00 charge will be assessed
PER EMAIL sent should HWSHosting choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, HWSHosting
does not allow any streaming of audio or video content. Offending accounts
will be suspended without notice or terminated.

Adult-Oriented Content:
HWSHosting does not allow adult content and will suspend/terminate
any offending account.

Large File Policy:
HWSHosting is not for file hosting and distribution - as such,
customers may not host any files larger than 100MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail admin@hwshosting.net.

Obscene Speech or Materials:
Using HWSHosting' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. HWSHosting is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.

Defamatory or Abusive Language:
Using HWSHosting' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities
:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.

Facilitation of a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encrypted software over the Internet or otherwise, to points
outside the United Kingdom.

Usenet Groups:
HWSHosting reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that HWSHosting
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. HWSHosting will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with HWSHosting' policy or applicable law.
However, when HWSHosting becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by HWSHosting.

HWSHosting is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching HWSHosting'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. HWSHosting does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. HWSHosting
reserves the right to directly take action against a customer of its subscribers.
Also, HWSHosting may take action against the HWSHosting' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, HWSHosting
anticipates that subscribers who offer Internet services will cooperate
with HWSHosting in any corrective or preventive action that HWSHosting
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of HWSHosting policy.

HWSHosting will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. HWSHosting
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, HWSHosting may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. HWSHosting assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.
Finally, HWSHosting may disclose subscriber information or information
transmitted over its network where necessary to protect HWSHosting
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, HWSHosting will never sell information
to other services or outside companies.

HWSHosting expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those
laws will violate HWSHosting policy. Finally, HWSHosting wishes
to emphasize that, in placing an order, thus agreeing to the Service Agreement, subscribers indemnify
HWSHosting for any violation of the Service Agreement, law or HWSHosting
policy resulting in loss to HWSHosting or the bringing of any claim
against HWSHosting by any third party. This means that, if HWSHosting
is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against HWSHosting, plus costs and reasonable legal fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including HWSHosting and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to admin@hwshosting.net.