Internet Service Agreement
The Short Version:
 No
Unsolicited Commercial Bulk Email to promote your site
No Storage of Emails
on the Server
No use of
autoresponders for other bulk email
promotions
No use of
Formmail.pl whatsoever.
No illegal
activities that violate state or federal laws
No game company
or Software distibution Sites
No Chat Sites ,
IRC service , gameservers
No Adult video
and/or movie files (*.wmv files)
Now the Long
Version:
This Agreement, is made and entered by VirtualHostingServices.Net
("Provider"), and you, ("User"). ntending to be bound in
accordance with the terms hereof, the parties agrees as follows:
Content
All services provided by Provider 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, material we judge to be threatening or obscene, or
material protected by trade secrets and other statute.
The subscriber agrees to indemnify and hold harmless Provider from any
claims resulting from the use of the service which damages the subscriber or any other
party.
Adult Content Sites that contain LEGAL material are allowed. .It
is your responsibility that the content is kept legal. If someone complains to us or
our upstream provider, your site might be suspended and/or shutdown depending on the
circumstance and how quickly the material is removed.
We do not allow Adult (Porn) sites
Examples of unacceptable content or links:
Provider will be the sole arbiter as to what
constitutes a violation of this provision.
Disk
Space/Bandwidth . Web Hosting and WordPress Hosting plans
are designed to host most personal, small business and organization websites, and thus we
offer Unmetered bandwidth and Limited disk
space. This means that we do not set a limit on the amount of bandwidth you may use
in the operation of your website, provided it complies with this Agreement. However In the
event the bandwidth or disk space usage of your website presents a risk to the stability,
performance or uptime of our servers, data storage, networking or other infrastructure,
you may be required to upgrade to a VPS or Dedicated Server, or we may take action to
restrict the resources your website is utilizing..
Email Disk Space:
Storage of Emails on the server is not allowed as part of your Allotted
Disk Space
You need to set your Mail Client to delete your email from the server when
you collect it
If you are using Web Mail Please "Purge" your Trash folder
If you are forwarding your email do not set up a Mail Box unless you intend to download
your email from your Mail Box on a regular basis
Misuse
of System Resources:
You are allowed to freely install cgi applications, we reserve the right
to disable any program or script that may effect normal server operations. Any site that
uses large amounts of these resources may be asked to decrease activity or upgrade to an
alternative hosting package.
WebAdverts banner rotations are banned from the system for numerous
problems caused. Please be sure to select another author.
CGI Hit Counters are not allowed - All sites come with Web Site
Statistics
Any cgi scripts that consume large amounts of CPU usage or memory are
also not allowed. The user will be asked to remove any script
that abuses system resources.
FORMMAIL.PL IS NOT ALLOWED UNDER ANY
CIRCUMSTANCES
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to
be large system hogs and we cannot allow it as a account option.
Background Running Programs and Daemons
We NOT allow programs to run continually in the background.
IRC:
No
IRC related software is permitted on our servers. This includes servers, bots, bouncers,
or any other software that is used for the purpose of creating, maintaining, or providing
access to IRC servers or channels. Accounts that are found to have such software uploaded
to their web space are subject to immediate suspension and/or termination without notice.
Commercial Advertising - SPAM Email:
VirtualHostingServices.Net
servers may not be the source, intermediary, or destination address involved in the
transmission of spam, flames, or mail bombs. Your domain may not be referenced as
originator, intermediary, or reply-to address in any of the above. The use of spam to
advertise sites on other servers which in turn contain links to a domain on our servers is
prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and
Email. If you are found to have spammed, then we will immediately, without warning,
disable your domain. We reserve the right to refuse or cancel service to known spammers.
Lastly, we reserve the right to determine what violates this policy.
Spamming (the sending of unsolicited email) is STRICTLY prohibited. None
of the following will be tolerated.
You may not send any unsolicited email mentioning an email address for
any domain hosted by us
You may not send any unsolicited email mentioning a domain hosted by us
You may not send any unsolicited email mentioning an IP address hosted
by us
You may not post a commercial message in a non-commercial newsgroup
You may not post references to adult sites to non-adult newsgroups
You may not post advertisements on IRC chat that result in complaints
Provider will be the sole arbiter as to what constitutes a violation of
this provision.
3. If you install formmail.pl for the
purposes of spamming your account will be instantly terminated. You
will be fined $500 which will be charged to your credit card. We may also pursue
additional legal avenues to obtain larger compensation if warranted.
Sever
Abuses:
Any attempt to undermine or cause harm to
a server, or customer, of VirtualHostingServices.Net is strictly prohibited. This includes, but is not limited
to: using programs that consume excessive CPU time; allowing the use of mail services,
mail forwarding capabilities, or autoresponders other than for the customer's own account;
resale of disk space without an appropriate reseller agreement; use of servers for backup
of files unrelated to the web site of the account; or resale or remote access to CGI
scripts installed on our servers. No IRC related software is permitted on our servers.
This includes servers, bots, bouncers, or any other software that is used for the purpose
of creating, maintaining, or providing access to IRC servers or channels. Accounts that
are found to have such software uploaded to their web space are subject to immediate
suspension and/or termination without notice.
Payment for Service
Service provided by VirtualHostingServices.Net
Service will commence once payment has been made and approved by Credit Card, Check
or PayPal.
For New Accounts ONLY Service may be canceled at any time with no
penalty within the first 30 days.
The Subscriber understands that services are paid for on a 6, 12 ,
24 months period and are subject to severe penalties for early cancellation.
(see below)
The subscriber must certify that he or she is at least 18 years of age.
Term and Termination
This agreement shall have an initial terms of 6, 12 , 24 months
from the date of execution hereof, as specified by the sign up request. The User can cancel any time during the first 30 days for full refund in
the case of NEW ACCOUNTS ONLY. Cancellation after the first 30days
of signing up or renewal of service the subscriber will be refunded their payment less the
pro-rata monthy hosting rate fee for the time of service provided less the cost of domain
name registration (if applicable) less a $25.00 handling fee. For Credit card or PayPal
payments a period of 6 months must elapse from the time of payment untill a domain name
can be released to another Registrar
Provider reserves the right to terminate this agreement, and to delete
the website from its hardware, immediately upon the occurrence of any of the following
events:
Non payment of any charges due from User.
Breach of any term or condition of this agreement by User.
Commencement of any lawsuit or proceeding against User arising from or
relating to its use of the website, whether or not such suit names Provider as a party or
seeks and recovery from Provider.
Indemnification of Provider
User agrees to indemnify and hold Provider harmless from any lawsuit,
claim, charge, or expense, including reasonable attorney fees and costs of defense, for
any matter arising from or relating to User's website provided hereunder.
Nothing contained herein shall be deemed to create a relationship
between the Provider and User in the nature of a partnership, joint venture,
editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no
interaction with the data or substance of User's website, except as necessary to maintain
the website.
The Provider will not be responsible for any loss of sales revenue due
to a site being unavailable for any reason.
Backup and Storage policy
VirtualHostingServices.Net backs
up all server configurations on a regular basis, which helps in restoring the existing
configurations in case of hardware failure.
Normally we can resore any particular web site at various restore
dates
Storage and Security.
You shall be solely responsible for undertaking measures to: (1) prevent any loss
or damage to your website or server content; (2) maintain independent archival and backup
copies of your website or server content; and (3) ensure the security, confidentiality and
integrity of all your website or server content transmitted through or stored on our
servers.
Our servers are not an archive and we shall have no liability to you or
any other person for loss, damage or destruction of any of your content. The Services are
not intended to provide a PCI (Payment Card Industry) compliant environment and therefore
should not be considered as one. You shall not use the Service in any way, in our sole
discretion, that shall impair the functioning or operation of our services or equipment.
Specifically by way of example and not as a limitation, you shall not use the Services as:
(1) a repository or instrument for placing or storing archived files; and/or (2) placing
or storing material that can be downloaded through other websites. You acknowledge and
agree that we have the right to carry out a forensic examination in the event of a
compromise to your server or account.
Website/Server Content.
You shall be solely responsible for providing, updating, uploading and maintaining
your website or server and any and all files, pages, data, works, information and/or
materials on, within, displayed, linked or transmitted to, from or through your website or
server including, but not limited to, trade or service marks, images, photographs,
illustrations, graphics, audio clips, video clips, email or other messages, meta tags,
domain names, software and text. You acknowledge and agree that in the course of
providing you with technical assistance, it may be necessary for our support staff to
modify, alter or remove the content of your hosted product. Your website or server
content shall also include any registered domain names provided by you or registered on
behalf of you in connection with the Services.
Governing Law, Arbitration, and
Venue
- This Agreement will be governed by and construed in accordance with the laws of the
State of Hawaii. Any disputes arising under this agreement will be resolved by
binding arbitration, to take place in Honolulu, Hawaii
These Terms and Conditions supersede all previous representations,
understandings or agreements
and shall prevail notwithstanding any variance with terms and conditions of any order
submitted.
Use of VirtualHostingServices.Net Service
constitutes acceptance of these Terms and Conditions.
Violation of any terms or conditions are
grounds for immediate account deactivation, with no refunds given.
We reserve the right to refuse or cancel service at our sole
discretion.
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