REFUSAL OF SERVICE
The Valley List reserves the right to refuse service to anyone for any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.
THIRD-PARTY SERVICES
The Valley List is a reseller or licensor of certain third-party products and services (collectively, “Third Party Services”) including without limitation as sold through The Valley List. Your purchase and use of Third-Party Services are generally subject to the applicable third party’s terms and conditions. The Valley List is not responsible for any changes in the Services that cause any Third-Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third-Party Services. Any malfunction or manufacturer’s defects of Third-Party Services either sold, licensed, or provided by The Valley List to you or purchased directly by you and used in connection with the Services will not be deemed a breach of The Valley List’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Third-Party Services are limited to those rights extended to you by the manufacturer of such Third-Party Services. You are entitled to use Third Party Services supplied by The Valley List only in connection with your permitted use of the Services unless otherwise expressly provided.
PLAN LIMITS
The Valley List may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, The Valley List may automatically upgrade your account to a higher-tier plan at an additional fee if you exceed your current plan’s limit(s). You can read about our Acceptable Use Policy here.
EXCESSIVE SERVER RESOURCES
Use of The Valley List resources must be consistent with a web hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. If the Subscriber exceeds these amounts, The Valley List may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. The Valley List reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
THE VALLEY LIST CLOUD HOSTING SERVICE AVAILABILITY
The Valley List Cloud Hosting Services network, server, and OS will be available 100% (“Service Availability”) of the time in a given month. If we fail to maintain this Service Availability for thirty (30) consecutive minutes at any given time in a particular month, you may contact us within thirty (30) days following the end of the downtime and request a credit of 5% of your monthly The Valley List Cloud Hosting fee for that month. Once we confirm such downtime (as solely determined by us), the credit will be applied to your account. The Service Availability does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding, or the installation of third-party themes or plugins; (3) outages that are caused by conflicts as a result of changes to the website made by you; (4) your breach of the Agreement; (5) causes beyond our control or that are not reasonably foreseeable; and (6) outages related to the reliability of certain programming environments. The Service Availability credit is your sole and exclusive remedy for The Valley List Cloud Hosting Services’ unavailability.
INDEMNITY
You agree to protect, defend, indemnify, and hold harmless The Valley List and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by The Valley List directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
DISCONTINUED SERVICES; END OF LIFE POLICY
The Valley List reserves the right to cease offering or providing any Services at any time, for any or no reason, and without prior notice. Although The Valley List makes excellent efforts to maximize the lifespan of all its services, there are times when a service we offer will be discontinued or reach its end-of-life (“EOL”). If that is the case, that product or service will no longer be supported by The Valley List in any way, effective on the EOL date.
Notice and Migration. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days before the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on it before the EOL date. In either case, The Valley List will offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit or a prorated refund, to be determined by The Valley List in its sole and absolute discretion. The Valley List may, with or without notice, migrate you to the most up-to-date Service version if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. The Valley List will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services we may offer or facilitate access to.
FEES AND PAYMENTS
- Payment terms for Labor are net 30 unless otherwise specified on invoices.
- Payment terms for Website Hosting, Domain Hosting, or Email Hosting are due upon placing the order.
- Initial deposits on projects, if any, shall be due before any services are provided.
- Renewal prices are subject to change.
- If, after repeated attempts to begin, continue, or finalize the website design or Website Services, you fail to participate or become otherwise unresponsive to the Company’s requests for one (1) month or longer, the project may be considered abandoned, and no refunds of any kind will be provided.
- You must maintain your payment method connected to the hosting account(s) for your Website and keep it in good standing. If your hosting account becomes past-due, The Valley List may suspend or terminate the Services until your account is in good standing. Repeated failures to pay for hosting services may also result in cancellation of the Services without a refund.
- By purchasing Recurring Hosting Services, you agree to allow The Valley List to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select in your initial purchase. The Fees will automatically be re-billed up to fourteen (14) days before the payment date for each Renewal Term unless you cancel. You may cancel the Services you purchased at any time during the Term by giving The Valley List written notice 30 days prior to your renewal.
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
By purchasing our Services, you agree to provide correct and full payment-related information. Any claims or refund requests will be handled only if they are provided not later than within 14 days of the date of purchase unless applicable laws provide otherwise.
If you use automatic payments, you must keep an updated payment method attached to your billing account. If your payment method does not work, our billing system will automatically notify you that your payment failed. If your payment method is not updated within 30 days, our staff will contact you for payment arrangements to ensure your Services keep running. After 45 days, late fees are added to your invoice, and another attempt to contact you occurs. After services have not been paid for 60 days, your services will automatically be suspended and may be terminated at the discretion of The Valley List. The Valley List retains the right to suspend and/or terminate services until all delinquent invoices are paid in full. Re-activation fees may apply.
You agree to pay any and all prices and fees due for Services purchased or obtained from The Valley List when you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. The Valley List expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal, as further described below. If, for any reason, The Valley List is unable to charge your Payment Method for the full amount owed for the Services provided, or if The Valley List receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that The Valley List may pursue all available lawful remedies to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. The Valley List also reserves the right to charge you reasonable “administrative fees” or “processing fees” for recouping any and all costs and fees, including the cost of Services, incurred by The Valley List as the result of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative or processing fees will be billed using the payment method you have on file with The Valley List.
Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (14) days of purchase (“Refund Period”).
You will not be eligible for more than one refund of the same product.
COMPLIANCE WITH LOCAL LAWS
The Valley List makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
CONTACT INFORMATION
If you have any questions about this Agreement, please get in touch with us by email or regular mail at the following address:
Attention to: The Valley List LLC
11 Watertown Rd, Waterford, Ohio, 45786
