Who we are

We are YellowHammer IT LLC, a professional IT Managed Service Provider.

What personal data we collect and why we collect it

Contact forms: We will collect and securely store your contact information for the purposes of ongoing communication between YellowHammer IT LLC and our clients.  It is important to note the following:

• We do not store any credit card information on this website.
• We do not share contact information with anyone apart from YellowHammer IT LLC staff without express written approval from our clients.

Cookies

If you fill out a form on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you fill out forms on this site. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

Terms of Service

1. I. Overview
   At YellowHammer IT LLC we will work hard to provide you with the best access and management of your technology needs. To sum up the legal policies of YellowHammer IT and our Datacenter you can narrow it down to four specific items.
   1) Do not break the Law.
   2) Do not promote the potential for others to break the Law.
   3) Do not intentionally cause harm to anyone located in your shared environment or the Internet as a whole.
   4) Act responsibly.
   Now for the Legal terminology
2. II. Client Consent To Rules 
   Before signing up with YellowHammer IT LLC, or continuing to use our service, please read these rules. By using YellowHammer IT LLC services, you agree to comply with these Acceptable Use rules. YellowHammer IT may terminate your account if you fail to comply with these rules. Herein “Client” will be used to refer to an individual or individuals that purchase any or all of YellowHammer IT’s services.

1. Use of services
2. The Client agrees to use YellowHammer IT LLC’s services for lawful purposes, in compliance with all applicable laws.
   2. YellowHammer IT LLC hosted accounts must be managed exclusively by Yellowhammer IT and are provided for use in conformance with these rules and Terms and Conditions. Yellowhammer IT reserves the right to investigate suspected violations of the rules. When Yellowhammer IT becomes aware of possible violations, Yellowhammer IT may initiate an investigation, which may include gathering information from the Client or others involved and the complaining party, if any, and examination of material on Yellowhammer IT’s servers. All data hosted on Yellowhammer IT’s servers must be exclusively managed by Yellowhammer IT.
   3. During an investigation, YellowHammer IT LLC may suspend the account or accounts involved and/or remove the material involved from its servers, and Yellowhammer IT is not responsible in any way for any damages resulting there from. If Yellowhammer IT believes a violation of these rules has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from Yellowhammer IT’s servers, warnings to the Client Clients responsible, and the suspension or termination of the account or accounts responsible. Yellowhammer IT, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these rules could also subject the Client to criminal or civil liability.
3. Use of materials 
4. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using YellowHammer IT LLCs services. Clients may also re-distribute materials in the public domain. The Client assumes all risks regarding the determination of whether material is in the public domain.
   2. The Client is prohibited from storing, distributing or transmitting any unlawful material through any YellowHammer IT LLC services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Client may not post, upload or otherwise distribute copyrighted material on YellowHammer IT’s LLC servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Client to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above.
   3. The Client may not store or distribute certain other types of material on YellowHammer IT LLC ‘s servers or equipment. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites or servers.
5. Passwords 
6. YellowHammer IT LLC accounts are for individual use only. You may share your access with others only at your own risk. YellowHammer IT LLC assumes no responsibility for any unauthorized access.
   2. In the event that the security of a Client is compromised, YellowHammer IT LLC may require the Client to use a new password.
   3. YellowHammer IT LLC staff may check the security of a Client’s passwords at any time. A Client with an insecure password may be asked to change the password to one that complies with the above rules. Clients who repeatedly choose insecure passwords may be assigned a password by YellowHammer IT LLC; continued failure to maintain password security may be grounds for account termination.
7. System security 
8. The Client is prohibited from utilizing YellowHammer IT LLC services to compromise the security of, or tamper with, YellowHammer IT LLC’s system resources or accounts on any of Yellowhammer IT’s computers, routers, terminal servers, modems, or any other equipment, or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Any attempt to access any of Yellowhammer IT’s corporate assets is strictly prohibited.
   2.YellowHammer IT LLC reserves the right to release the user names of Clients involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. Yellowhammer IT will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
9. System resources 

1.YellowHammer IT LLC will allocate system resources to provide all Clients with the best service possible. As part of resource allocation, YellowHammer IT LLC may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.
2. Additionally, YellowHammer IT LLC may institute services and fees for Clients who are interested in accessing system resources above and beyond acceptable usage. See below, Section III.
3. YellowHammer IT LLC may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above.
4.System abuse is defined as any use of YellowHammer IT LLC resources that disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of memory, disk space, or bandwidth, or otherwise affecting the performance of Yellowhammer IT’s servers or networks.
5. Clients may not run programs that provide network services from their accounts. Example of prohibited programs include, but are not limited to, mail, http, and irc servers.
6.Clients may only make use of YellowHammer IT LLC system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives.

III. Acceptable Usage 

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Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including, but not limited to, usage of YellowHammer IT LLC’s systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include file storage on Yellowhammer IT’s servers for the Client’s own personal web page, file access area (FTP), and possibly Unix utilities used in a shell account. Shell users are not permitted to use their own software on Yellowhammer IT’s servers.
This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.

1. I Required Software and Update cycles

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YellowHammer IT LLC requires specific plugins to be installed on all websites and remain updated. These may not be disabled or removed;

• Wordfence
• YellowHammer IT LLC Support
• Akismet

Additionally all Software hosted on YellowHammer IT LLC servers must remain updated on a minimum 30 day cycle. Any software or plugins that have not been updated 30 days after an update has been released will be updated by YellowHammer IT and the time will be billed to the client at $125.00 for the first hour. Repeated violations of this policy will result in account termination in accordance with our Billing Policies

1. Prohibited Activities 

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Activities specifically prohibited by YellowHammer IT LLC administration include but are not limited to the following:
1) Background and/or server-type applications
Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the user that continues execution on the system upon user logout.
2) Flooding or abuse of other users
Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at YellowHammer IT LLC. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.
3) Attempts to compromise system and/or network security
Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user’s account are prohibited. This also includes attempts to hack into non-YellowHammer IT LLC systems.
4) Sharing of accounts
Sharing of a user’s account with another party for purposes of avoiding payment for a second account is strictly prohibited.
5) Attempts to bypass resource usage limitations
In order to provide fair service to all YellowHammer IT LLC users, YellowHammer IT LLC has implemented certain resource limitations, the most common being disk quotas on the servers. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges.
6) No client installation of any software or services is permitted on any YellowHammer IT LLC servers without prior authorization.

The following software is prohibited from being installed on YellowHammer IT LLC servers;
1)File Sharing Software, file or account back up plugins or software,
2) P2P Software
3) Vulnerable Software deemed to no longer be supported by its creator
This list is not complete or comprehensive, additional software may be added without prior notice. In most cases when an instance of software on this list is found a notice will be sent to the account owner. In some cases issues arising from this scripts may not allow for a timely notification to be sent out. Abuses can result in account suspension.
5) Excessive use of system resources
For system purposes, this can be defined as the continued use of programs or commands which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system.
6) E-mail Abuse
E-mail abuse typically comes in one of three forms, the transfer of an unsolicited message to individuals (spamming), the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.
7) Usenet order News Abuse
Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
8) Pyramid/Money-Making schemes (MMF, or Make Money Fast Scams)
Such activities as the transfer of information or solicitation of persons via the Internet in attempt to extort money or other valuables or the use of pyramid/chain letters are all illegal, and all prohibited.
9) Pirated Software
Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on YellowHammer IT LLC. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
10) High-Traffic Web sites
Individual accounts onYellowHammer IT LLC machines are intended to provide access to individuals only. As most individual pages are fairly low-traffic for the most part, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrade performance for other users’ pages. Due to this, Yellowhammer IT has had to implement certain limitations on the amount of traffic an individual user’s site can receive. Sites generating an excessive amount of traffic or consuming an excessive amount of resources may be asked to be relocated to a dedicated machine which is better suited to handle such excessive usage.

1. Penalties for Abuse

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1. Penalties for account abuse include termination of a user’s account and any applicable legal penalties. The penalties imposed on a user for abuse will vary based on the level of the offense. YellowHammer IT LLC will usually give a warning on the first offense, but will terminate the account immediately and without warning if the offense is severe enough. Accounts closed due to Client abuse will not be reopened, nor will a pro-rated refund be given.
It is vital for YellowHammer IT LLC to provide a quality service for all OUR Clients, and Yellowhammer IT will not tolerate those who through their actions hinder us in that endeavor. It is also important for Yellowhammer IT to have a non-intrusive presence to the rest of the net, and thus prohibited activities that adversely affect users on other service providers and their associated networks. To this end, Yellowhammer IT reserves the right to modify and/or disable user service at any such time abuse occurs.
2. YellowHammer IT LLC will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
3. AllYellowHammer IT LLC Clients agree to indemnify and hold YellowHammer IT LLC, its officers, directors, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the Client’s violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the Client’s dependents, or the infringement of any intellectual property or privacy right of any person or entity.

VII. Internet and Cable Services

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Monthly Costs and Services Included:

No Direct Individual Costs: There will be no additional direct costs to individual unit owners on a monthly basis beyond what is currently being paid for internet, cable, and equipment rentals. The HOA will select and cover the base package for cable services and the provision of 1 GB internet speed. Owners opting for premium channels, package upgrades or additional equipment will incur extra charges.
Equipment Fees: The one-time fee for an additional Gemini box is $75, with no recurring charges.

2. Internet Speed:
   Standard Speed: Every building will receive internet with a standard speed of 1 GB. However, the capability of individual devices to utilize this speed depends on their network card capabilities (e.g., tablets with a 500 MB card).
3. Wireless Services:
   WiFi Coverage: WiFi will be provided to all units at no extra cost. Each owner will receive one private login and one public login, allowing for guest or tenant access while maintaining personal privacy.
4. Ownership of Infrastructure:
   Ownership During Contract: During the term of the contract, all network components, including fiber infrastructure, are owned by YellowHammer IT LLC. Owners will own the DirecTV boxes from the outset.
   Post-Contract Ownership: All network lines and equipment are depreciated over 10 years. If Client does not renew with YellowHammer IT LLC, Client would need to buy out the remaining value of the infrastructure.
5. End of Contract and Provider Switching:
   Contract Termination: Upon contract expiration, if Client does not renew, they must buy out the remaining value of the infrastructure for the last three years of depreciation.
   Switching Providers: Switching providers during the 7-year term will incur penalties equivalent to the total investment in equipment, labor, DirecTV, and fiber circuit contracts.
   Fiber Management: If the contract is not renewed, YellowHammer IT LLC will work with Client to transition the management of the underground fiber to a new provider after the buyout.
6. Maintenance and Repairs:
   Maintenance Responsibility: During the contract term,YellowHammer IT LLC is responsible for all maintenance, repairs, and replacement of network equipment at no cost to Client. This includes replacing defective remotes or Gemini boxes once due to accidental damage by owners.
7. Budget Considerations:
   No Additional Budget Item: Client does not need to allocate funds for maintenance or repairs of the fiber network during the contract term. However, planning for potential buyout costs or transition fees should be considered if contemplating a change in service providers at the end of the term.

By agreeing to these terms, Client and its residents acknowledge the conditions of service provision, ownership, maintenance, and potential future costs associated with the infrastructure and services provided by YellowHammer IT LLC.

VIII. Limitation of Liability 

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YellowHammer IT LLC’s liability under any circumstances is limited to the current month’s service charge.

1. Warranties 

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YellowHammer IT’s LLC service is provided on an as is, as available basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to YellowHammer IT LLC’s service or any information or software therein. Under no circumstances, including negligence, shall YellowHammer IT LLC be liable for any incidental, special, or consequential damages that result from the use of or inability to use YellowHammer IT LLC’s service. Nor shall YellowHammer IT LLC be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond YellowHammer IT LLC’s reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to YellowHammer IT LLC records, programs, or services. In no event shall YellowHammer IT LLC’s total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.

1. Billing policies 

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1. Client acknowledges, agrees and assumes full responsibility for making timely payments for each Yellowhammer IT LLC account. (Most accounts are billed monthly; other accounts may have different billing periods as arranged with YellowHammer IT LLC.) Timely payment includes keeping account and billing information current for all of Client’s accounts. Clients who pay via credit card must provide YellowHammer IT LLC with their full name, billing address, credit card number and expiration date. It is the Client’s responsibilities to timely notify YellowHammer IT LLC of any changes in the Client’s credit card account. In addition YellowHammer IT LLC may at any time require additional proof of identification in order to enhance and protect the privacy of our Clients.

2. YellowHammer IT LLC reserves the right to cancel any Client account without notice due to non-payment. In the event that Client fails to timely make full payment of each invoice, YellowHammer IT LLC reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Client’s account.
3. In the event of cancellation by the Client, Client must contact YellowHammer IT LLC  in one of the following manners: 1) via mail with proof of receipt properly addressed to: YellowHammer IT 1104 Longleaf Street Foley Alabama 36535) via support ticket at our help desk located at https://yellowhammerit.com/clients/ with the subject ‘Account Cancellation’; or 3) via telephone to a YellowHammer IT LLC representative at (251) 200-5020, followed by written confirmation by the Client with proof of receipt, properly addressed to and received by YellowHammer IT LLC within ten (10) days from the date of telephone cancellation. Notification of cancellation MUST be accompanied by the Client’s account username.

4.!!NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE!!. Clients are responsible for full payment on all accounts whether or not the account is ever utilized.

5. Any billing discrepancies shall be presented to YellowHammer IT LLC in reasonable detail, in writing, within ten (10) days of the date of the charge. Such notification shall not relieve the Client of the obligation to make all payments including the amounts disputed by the due date. Yellowhammer IT shall not be obligated to consider any Client notice of billing discrepancies that are received by Yellowhammer IT more than ten (10) days following the date of the invoice in question. If a Client fails to dispute any charge after ten (10) days from the date of the charge, Client waives its rights to thereafter make any such dispute and all such charges will be deemed valid.
6. In the event that a Client pre-pays for their account, any discounts given by YellowHammer IT LLC for such payment plans are calculated that the Client is paying for the regular months of service and getting additional months at the END of the service term at a discount. In the event that a Client cancels their service within a year, such Clients are no longer entitled to any discounts.
7. YellowHammer IT LLC makes no Warranties as to the availability or right to use of any Login name, E-mail Address, or Web Page Address. Login names, E-mail Addresses, and Web Page Addresses are NOT confirmed at the time of sign-up of any Client. YellowHammer IT LLC will not refund any charges for reprinting of stationary or any other losses incurred.
8. YellowHammer IT LLC makes no warranties express or implied as to the accuracy of billing, or the quality of services provided or to the warranty of merchantability or to fitness for a particular purpose.
9. Client agrees that at the end of the term of the account initially agreed to by Client or any term thereafter, YellowHammer IT LLC may, at its sole discretion, automatically renew such account for an additional term. Client further agrees that upon renewal of such account, YellowHammer IT LLC may continue to charge Client’s credit card or seek other form of payment from Client, for which Client shall be responsible. In the event that Client does not wish YellowHammer IT LLC to automatically renew such account, it is the Client’s sole responsibility to notify YellowHammer IT LLC following the account termination procedures outlined in Section IX Billing Policies.
10. In the event the Client has an invoice older than 15 days, the account is subject to suspension. Full payment of all outstanding invoices and applicable restoration fees are required to reinstate the account. After suspension, YellowHammer IT LLC must receive a written or verbal response or payment in full within

15 days or the account will be terminated and placed into collections.

12. In the event that an account was placed into collections, the entire balance plus reinstatement fees and an administrative fee not to exceed $250.00 must be paid prior to account re-activation.
13. All returned checks are subject to a $50 fee.
14. Out of office visits, remote access sessions and scheduled requests for networking and other hardware and software related repairs, installations, updates, upgrades and modifications unrelated to YellowHammer IT LLC servers can be provided for $125.00 per hour for the first hour with additional time being billed in 15 minute increments. Travel distance is limited to 90 minutes one way of the YellowHammer IT LLC office in Foley Alabama. Travel time is billed at $45.00 per hour.
15. Clients are not required to have hosted sites with YellowHammer IT LLC in order to schedule in-house visits from a qualified YellowHammer IT LLC Technician.
16. All policies stated herein are subject to change at Yellowhammer IT’s sole discretion. Client shall be responsible for adhering to any new policies implemented by YellowHammer IT LLC.
17. Signed contracts may not be terminated prior to the end of their term without substantial penalties including all out standing contractual obligations YellowHammer IT LLC makes on behalf of the client, Attorney’s fees and any costs involved with equipment recovery.
18. Any contractual obligations YellowHammer IT LLC may enter on behalf of the client is an obligation the client is responsible for. Cancellation of YellowHammer IT LLC services does not absolve the client to fulfill these external contractual obligations such as DirecTV and Uniti Fiber contracts.

XII. Privacy

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1) YellowHammer IT LLC respects your privacy and we do not sell or provide any client information for any commercial or private interests.

XIII. Guarantee

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1) YellowHammer IT LLC provides an unconditional four hour response time for service requests