Terms and Conditions

Last Updated: 08-24-2009

Before using Humphrey Technology, please read. Signing up for any service indicates you have read and agree to these terms.

 You must follow these conditions to continue hosting.

Humphrey Technology (Humphreytech.com) Terms and Conditions.

Humphrey Technology (humphreytech.com) reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Humphrey Technology (humphreytech.com) strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Humphrey Technology (humphreytech.com) customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement -

Full payment is required before any hosting service is rendered, which includes plan renewals. Prepayment is due each 30 days following the date the account was established, unless otherwise specified on the invoice date. After 30 days any non paid webhosting account is considered in bad standing and requires a $50 activation fee. If customer was on month to month billing, they can be moved to a yearly billing cycle at our discretion. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. If an account is not paid by the due day, either your credit card is declined or your check or payment does not reach us, your website is automatically suspended. You will not be able to view your website and\or check your hosted email. When payment is received, your account will be credited and your hosting will be turned back on. Humphrey Technology (humphreytech.com) will not be held liable for accounts that have been shut off due to non
-payment. It is the customers responsibility to pay their bill or contact Humphrey Technology to inquire about their account.  All past balances must be paid prior to reconnection. All returned checks are subject to a $50 fee in addition to any charges your bank may have. 

This only applies to cancellation by the client. If cancellation is done by Humphrey Technology (humphreytech.com) due to a breach of this agreement , there will be no refund.  All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Humphrey Technology (humphreytech.com) reserves the right to change prices at any time. If purchasing yearly plan(s), your monthly fee will not increase if we raise prices. When your plan expires, your account will be subject to our current rates.

Credit Cards and Electronic Payment

Customer must use our secure (SSL) online customer portal system to submit payment (https://humphreytech.net/whmcs). The customer shall not send a copy of their credit card information over unsecure methods such as email. It is the customers responsibility to make sure their credit card or other form of payment is up to date. Humphrey Technology does not store credit card information. Humphrey Technology offers a 30 day money back period on shared hosting plans. If you contact us within 30 days, Humphrey Technology will issue your card a credit. If a billing error should be found by either Humphrey Technology or customer, an option will be given to the customer to receive a credit on their account or with Humphrey Technology. Humphrey Technology records the ip address of any computer using our billing system. Any fraudulent activities will be reported.



Account Cancellation -

You may cancel at anytime. To cancel your account, please login to the customer billing portal at https://humphreytech.net/whmcs and submit a Please include the domain(s) name(s) you need disconnected.    

Cancellation Fees

There are no cancellation fee's to cancel monthly hosting. Once you cancel your account, your hosting will continue to run until your plan expires unless you specifically contact us with a date to shut your site down. There is no credits for partial months. It is up to the customer to create a backup copy of their website prior to canceling service. The customer or their web designer must have or obtain a copy of the site prior to disconnection. If after disconnection (website is no longer active with Humphrey Technology) than the customer may request a backup copy of the website(s) within 30 days of the cancellation. A $100 fee will be assessed to complete the backup and to transfer to a cd which is mailed to the customer.

Dedicated Server Plans

Dedicated servers may be canceled at any time. However, if the server is under contract  than the penalty fee is the remainder of the contract.  Dedicated servers, unlike shared hosting plans, require substantial investment on Humphrey Technology's part. Because of this we are unable to provide refunds for dedicated servers under contract.  It is in the customers best interest to work with Humphrey Technology to resolve any issues before cancelation.

 



Indemnification Policy -

You agree to use all Humphrey Technology (humphreytech.com) services and facilities at your own risk. Humphrey Technology (humphreytech.com) specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Humphrey Technology (humphreytech.com) be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Humphrey Technology (humphreytech.com) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Humphrey Technology (humphreytech.com), its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Humphrey Technology (humphreytech.com) against liabilities arising out of:

- Any injury to person or property caused by any products sold or otherwise distributed in connection with Humphrey Technology (humphreytech.com);
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Humphrey Technology (humphreytech.com) Original manufacturer of hard goods shall be responsible for defective products.

Humphrey Technology will work with those who feel our customer has violated their copyright. We will first contact our customer to remove said violations, if unsuccessful we will suspend the account until the material can be removed. If customer violates copyright or intellectual  property of a third party by having such material on their website, Humphrey Technology not be held reliable and all costs associated with the dispute will be placed on the customer who violated the infringement.

Humphrey Technology (humphreytech.com) shall be the sole judge of what violates this Policy.

Server abuse policy -

If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance. If you must run these types of activities, you will need to sign up for a dedicated server plan.

SPAM Policy -

Humphrey Technology (humphreytech.com) is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Humphrey Technology (humphreytech.com) network, by customers or any other users of the Humphrey Technology (humphreytech.com) network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Humphrey Technology (humphreytech.com) server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Humphrey Technology (humphreytech.com) email address or web site URL is prohibited. The use of Humphrey Technology (humphreytech.com) servers as a mail drop for responses to activities described above is also prohibited. The above spam policy also applies to customers on a dedicated server.


Content Policy -

All services provided by Humphrey Technology (humphreytech.com) 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 or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Humphrey Technology (humphreytech.com) from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Humphrey Technology (humphreytech.com) servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Humphrey Technology (humphreytech.com) 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 Humphrey Technology (humphreytech.com) servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links -

- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.



Humphrey Technology (humphreytech.com) does not host sites of its competitors or web pages promoting sites of its competitors.

Any website which violates the law(s) of the State of Nebraska, County of Lancaster, or City of Lincoln shall be shutdown.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Humphrey Technology (humphreytech.com) will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy -

Humphrey Technology (humphreytech.com) enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy -

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that affects normal server operation or service to other Humphrey Technology (humphreytech.com) customers. You will be notified in 24 hours about offending cgi script.

Humphrey Technology (humphreytech.com) is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Humphrey Technology (humphreytech.com) provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Humphrey Technology (humphreytech.com), however you may ask for assistance from support@humphreytech.com. If we are aware of the script we will provide assistance under “as is” technical support.

Traffic Policy -

Humphrey Technology (humphreytech.com) allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Humphrey Technology (humphreytech.com) customers are discouraged from storing any files that cause excessive traffic on Humphrey Technology (humphreytech.com) servers. Please contact Humphrey Technology (humphreytech.com) Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. If your site has high traffic, you will need to contact our sales team for an account upgrade. Please check your initial account material to see what your monthly bandwidth provides. You can check you bandwidth usages by logging into your Cpanel account. http://www.yourdomain.com/cpanel

If your account exceeds its bandwidth, Humphrey Technology has a right to charge our current bandwidth prices for the amount your account goes over. It is the customers responsibility to make sure their website and\or dedicated server their allocated bandwidth. Additional bandwidth may be added to any plan or server plan.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Humphrey Technology (humphreytech.com) or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups -

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Humphrey Technology (humphreytech.com), we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Humphrey Technology (humphreytech.com) will attempt to recover the data from the most recent archive for a $100.00 fee.

Support Policy -

It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Humphrey Technology (humphreytech.com) support staff to teach you how to use aspects of the tools at your disposal. While we will give our best efforts to help you understand how to use our services, it is up to the customer to educate themselves on any technical aspect they need to know for proper operation of their services.
 
Humphrey Technology will support all issues related to troubleshooting problems related solely to the operation of our services. Humphrey Technology assumes that the customer, when ordering or configuring IT related services (provided by Humphrey Technology, has the appropriate staff to properly configure our hosting services. It is the customers responsibility to become familiar with all aspects of those services. Humphrey Technology will not act in place of customers IT department if customer does not have a real IT department. Humphrey Technology assumes customer has an IT department or appropriate staff to relay technical details about services which are used by customer. If customer is lacking appropriate staff, Humphrey Technology reserves the right to bill customer a consulting rate for any technical support in which Humphrey Technology must go beyond regular customer service and support for hosting products. Humphrey Technology also reserves the right to terminate any customer who abuses customer support.


Humphrey Technology (humphreytech.com) reserves the right to amend our Terms and Conditions at any time and without notice. Customers will receive, in electronic form a notification on our website at http://www.humphreytech.com. The date of the current terms of service will be displayed at the top of this page. These terms are always posted on humphreytech.com/terms.htm. It is a good idea to check back every few weeks to see any changes and additions

Resellers-

A customer may wish to resell Humphrey Technology's product. The customer must obtain an agreement with Humphrey Technology prior to reselling services. The customer will act as a reseller and shall not represent them self as Humphrey Technology in any way. It is the customer's responsibility to support their own customers and Humphrey Technology will not directly support them. Humphrey Technology will support our customer\reseller only. Humphrey Technology (humphreytech.com) shall not be held liable for any action of the customer\reseller for any reason. Reseller is responsible for enforcing a Terms of Service to insure the reseller\customer do to violate our terms of service. A customer\reseller is responsible for any violation to these terms of services. A reseller shall not directly compete with our customers.