Terms of Service

Who we are:

We are Yellowhammer IT, a professional IT Support and Management company.

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 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 staff without express written approval from our clients.

Cookies:

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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. Overview
    At YellowHammer IT 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, or continuing to use our service, please read these rules. By using YellowHammer IT 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.

A. Use of services

1. The Client agrees to use Yellowhammer IT's services for lawful purposes, in compliance with all applicable laws.
2. Yellowhammer IT hosted accounts 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.
3. During an investigation, Yellowhammer IT 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.

B. Use of materials 

1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using Yellowhammer IT's 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 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 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's servers. 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.

C. Passwords 

1. Yellowhammer IT accounts are for individual use only. You may share your access with others only at your own risk. Yellowhammer IT assumes no responsibility for any unauthorized access.
2. In the event that the security of a Client is compromised, Yellowhammer IT may require the Client to use a new password.
3. Yellowhammer IT 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; continued failure to maintain password security may be grounds for account termination.

D. System security 

1. The Client is prohibited from utilizing Yellowhammer IT services to compromise the security of, or tamper with, Yellowhammer IT'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 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.

E. System resources 

1. Yellowhammer IT will allocate system resources to provide all Clients with the best service possible. As part of resource allocation, Yellowhammer IT 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 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 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 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 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'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 may be permitted to use their own software on Yellowhammer IT's servers, subject to Yellowhammer IT's examination and approval, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document.
This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.

IV. Prohibited Activities 

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Activities specifically prohibited by Yellowhammer IT 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. 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 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 users, Yellowhammer IT 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) Prohibited Software
The following software is prohibited from being installed on Yellowhammer IT servers;
1)File Sharing 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.
7) 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.
8) 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.
9) 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.
10) 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.
11) 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. 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.
12) High-Traffic Web sites
Individual accounts on Yellowhammer IT 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.

V. 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 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 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 will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.
3. All Yellowhammer IT Clients agree to indemnify and hold Yellowhammer IT, 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.

VI. Additional Policies 

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A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, Yellowhammer IT reserves the right to add and enforce new policies as well as modify existing ones without advanced notice.
B. Yellowhammer IT will not be responsible for lost data in the event that an account was suspended/terminated due to an outstanding balance.

VII. Limitation of Liability 

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Yellowhammer IT's liability under any circumstances is limited to the current month's service charge.

VIII. Warranties 

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Yellowhammer IT's 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's service or any information or software therein. Under no circumstances, including negligence, shall Yellowhammer IT be liable for any incidental, special, or consequential damages that result from the use of or inability to use Yellowhammer IT's service. Nor shall Yellowhammer IT 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's reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to Yellowhammer IT records, programs, or services. In no event shall Yellowhammer IT's total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.

IX. Billing policies 

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1. Client acknowledges, agrees and assumes full responsibility for making timely payments for each Yellowhammer IT account. (Most accounts are billed monthly; other accounts may have different billing periods as arranged with Yellowhammer IT.) 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 with their full name, billing address, credit card number and expiration date. It is the Client's responsibilities to timely notify Yellowhammer IT of any changes in the Client's credit card account. In addition Yellowhammer IT may at any time require additional proof of identification in order to enhance and protect the privacy of our Clients.
2. Yellowhammer IT 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 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 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 representative at (251) 979-1480, followed by written confirmation by the Client with proof of receipt, properly addressed to and received by Yellowhammer IT 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 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 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 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 will not refund any charges for reprinting of stationary or any other losses incurred.
8. Yellowhammer IT 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 may, at its sole discretion, automatically renew such account for an additional term. Client further agrees that upon renewal of such account, Yellowhammer IT 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 to automatically renew such account, it is the Client's sole responsibility to notify Yellowhammer IT 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 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 and scheduled requests for networking and other computer related repairs, installations and alterations unrelated to Yellowhammer IT servers may be provided for $125.00 per hour. Travel distance is limited to 90 minutes one way of the Yellowhammer IT home office. Travel time is billed at $45.00 per hour.
15. Clients are not required to have hosted sites with Yellowhammer IT in order to schedule in-house visits from a qualified Yellowhammer IT 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.

X. Reseller Accounts

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A Reseller in this section refers to any individual, company or entity that resells or provides for free any and/or all Yellowhammer IT hosting services to any other individual, company or entity. This section does not absolve Yellowhammer IT Resellers of any of the provisions set forth previously in Section IX Billing Policies.

In order to protect and safeguard the contents of any client accounts of Yellowhammer IT Resellers, the following guidelines will apply. Every reasonable effort will be made to contact any Yellowhammer IT Reseller that defaults on their payments. In the event any Reseller of Yellowhammer IT hosting becomes unresponsive to payment requests, the following procedures will be executed.

1) After 30 days late the clients of the Reseller will be contacted in an effort to obtain any new or additional contact information for the Reseller.The domain of the Reseller will be suspended at this time.

2) After 15 additional days (total of 45 days delinquent) all clients of the Reseller will be contacted and informed that there has been no contact with the Reseller for 45 days and the Reseller account they are currently using will be terminated. The clients of the Reseller will be given the following options.

A) Remain on the Yellowhammer IT hosting servers at the rate specified by the Reseller for a total of 3 months. (inclusive of total number of days of payment delinquency)

B) At the end of the 3 month period, Clients will be switched to the standard Yellowhammer IT billing and payment methods.

C) Clients may choose to locate a new hosting provider.

3) In the event that there is a verifiable emergency causing the Reseller's absence and full payment including arrears and any penalties have been received, the Reseller's account will be reinstated and every effort will be made to return any remaining clients to that account.

XI. Privacy

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

XII. Guarantee

 

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1) Yellowhammer IT provides an unconditional 15-day money back guarantee. If for any reason you are not satisfied with our services, your initial payment will be refunded as per the policies outlined in Section IX. Billing policies