By and
between VIRGINIA HOSTING
the Web Hosting customer, who will be referred to in this document as
"Customer". The parties agree to the following, which shall apply during the
term of this agreement:
1. DEFINITIONS:
A. "Plans" means proposals for offering various services to be provided
by VIRGINIA HOSTING, as listed online at:
http://host.virginiahost.com/pricing.htm
B. "Customer" means an end user who is utilizing Web
Hosting services provided by
VIRGINIA HOSTING.
2. PRICES
All prices for Plans provided by
VIRGINIA HOSTING
to Customer are US dollars. Customer may pay
VIRGINIA HOSTING
for its services in US, Euro, or Canadian
dollars.
3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by VIRGINIA HOSTING. An order will be deemed accepted
by
VIRGINIA HOSTING
when written (e-mail) confirmation of the order is sent to Customer.
VIRGINIA HOSTING
may refuse to accept or delay acceptance of any order for any reason.
B. Payment and Terms: Payment shall be made in US, Canadian,
or Euro dollars to VIRGINIA HOSTING. Payments are due upon account activation and future renewal. If
due to bank charges, transfer fees, or the like,
VIRGINIA HOSTING
should receive less than its
invoice amount,
VIRGINIA HOSTING
will re-invoice Customer for the shortfall. Should payment in
full of any invoice (aside from such shortfalls) not be received by
VIRGINIA HOSTING
within
thirty (30) days after activation or renewal,
VIRGINIA HOSTING
may discontinue, withhold, or
suspend services to Customer.
C.
All plans are automatically renewed at the end of
the expiration period for the same duration of the previous
subscribed period. Cancellations must be sent to
billing@virginiahost.com prior to a renewal date to cancel any
future charges. Any cancellation request received after
the renewal date has past will be at the discretion of
virginiahost.com to reimburse a partial refund. Cancellation
fees, late fees, reseller and yearly discounts will be
applied/removed before determining refund amounts. A copy
of the email requesting cancellation may be required in order to
determine the official cancellation date and will be reflected
accordingly. Cancellation fees may be as high as $150 and
are at the discretion of VIRGINIA HOSTING.
4. DUTIES OF
VIRGINIA HOSTING
VIRGINIA HOSTING
will acquire an Internet Domain Name (from any valid Domain
Registration Company) on behalf of the
Customer, as specified. Any costs of VIRGINIA HOSTING
in obtaining or maintaining a domain name
for Customer shall be immediately reimbursed to
VIRGINIA HOSTING
upon invoice from
VIRGINIA HOSTING
to Customer. virginiahost.com does not warranty
that it's registration services are successful, whether a
domain is actually acquired
or reserved on behalf of Customer. Under no
circumstances will virginiahost.com HOSTING be held reliable for
losses or damages suffered by Customer resulting from delays
in the registration process or failure to acquire
such said intellectual property.
5. LIMITATION OF VIRGINIA HOSTING's OBLIGATIONS AND LIABILITY
A.
VIRGINIA HOSTING
will utilize its best efforts to maintain acceptable performance
of services contracted for, but
VIRGINIA HOSTING
makes absolutely no warranties whatsoever,
express or implied, including warranty of merchantability or fitness for a particular
purpose.
VIRGINIA HOSTING
cannot guarantee continuous service, service at any particular time,
or integrity of data stored or transmitted via its system or via the Internet.
VIRGINIA HOSTING
will not be liable for the inadvertent disclosure of, or corruption or erasure of, data
transmitted or received or stored on its system.
VIRGINIA HOSTING
shall not be liable to
Customer for any claims or damages which may be suffered by Customer, including, but not
limited to, losses or damages of any and every nature, resulting from the loss of data,
inability to access Internet, or inability to transmit or receive information, caused by,
or resulting from, delays, non-deliveries, or service interruptions whether or not caused
by the fault or negligence of
VIRGINIA HOSTING.
B.
VIRGINIA HOSTING
may discontinue servicing any Plan, or may require
fulfillment of conditions
VIRGINIA HOSTING
may choose to impose as a prerequisite for
continuing to service any Plan.
VIRGINIA HOSTING
agrees to provide Customer with reasonable
notice via e-mail or fax of any such intent to discontinue or impose conditions unless it
is determined that such notice would cause harm to
VIRGINIA HOSTING. The following activities
are specifically not allowed by
VIRGINIA HOSTING
and will result in IMMEDIATE account
termination: Running ADULT web sites, Running HATE web sites, participation in undirected
bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not,
GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities.
C.
VIRGINIA HOSTING's liability to Customer, and any end user of any
Plan or other
VIRGINIA HOSTING
services is limited to the amount paid to and received by
VIRGINIA HOSTING
for services not accepted. In no event shall
VIRGINIA HOSTING
be liable to
Customer, or any end user or any other entity for any special, consequential, or other
damages, however caused, whether for breach of contract, negligence or otherwise, even if
VIRGINIA HOSTING
has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude
VIRGINIA HOSTING
from being made a party to any lawsuit or claim regarding VIRGINIA HOSTING
services
provided to any Customer or end user. Customer hereby agrees to indemnify and hold
harmless VIRGINIA HOSTING
from any and all claims of whatever nature brought by any of
Customer's customers against VIRGINIA HOSTING
in excess of the remedy set forth in paragraph
5(C) .
6. PROPERTY RIGHTS
VIRGINIA HOSTING
owns all rights, titles and interests in VIRGINIA HOSTING's trade names, service
marks, inventions, copyrights, trade secrets, patents, and know-how relating to the
design, function, or operation of Plans and of the hardware and software systems and
resources necessary to provide the individual service elements of which they consist. This
agreement does not constitute a license to Customer to use VIRGINIA HOSTING's trade names or
service marks. The use by Customer of the other property rights mentioned here is
authorized only for the purposes of marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with VIRGINIA HOSTING
hereunder, it
may have access to certain information and materials relating to
VIRGINIA HOSTING's business,
plans, customers, software, and marketing strategies that is confidential and of
substantial value to VIRGINIA HOSTING, which value would be impaired if such information were
disclosed to third parties. Customer agrees that it will not use in any way for its own
account nor for the account of any third party, nor disclose to any third party, any such
information revealed to it by VIRGINIA HOSTING. Customer further agrees that it will take every
reasonable precaution to protect the confidentiality of such information. In the event of
termination of this agreement, there shall be no use or disclosure by the Customer of any
such confidential information in its possession, and all confidential materials shall be
returned to VIRGINIA HOSTING
or destroyed. The provisions of this section shall survive the
termination of the agreement for any reason. Upon any breach or threatened breach of this
section, VIRGINIA HOSTING
shall be entitled to injunctive relief, which relief shall not be
contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between VIRGINIA HOSTING
and Customer is that of vendor and vendee. They shall
not be construed as being joint ventures, franchiser/franchisee, or employer/employee.
This agreement is a commercial agreement between businesses, not a consumer agreement.
Customer has no authority, apparent or otherwise, to contract for or on behalf of
VIRGINIA HOSTING, or in any other way legally bind
VIRGINIA HOSTING
in any fashion, nor shall
Customer be authorized to make any representations about VIRGINIA HOSTING
or its services other
than to set forth VIRGINIA HOSTING's responsibilities as outlined in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by VIRGINIA HOSTING
in Virginia. It is to be governed
by and construed under the laws of the State of Virginia and the United States of America.
The federal and state courts of the State of Virginia shall have exclusive jurisdiction to
adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby
expressly consents to (1) the jurisdiction of the courts of Virginia and (2) service of
process being effective upon it by registered mail sent to the address set forth at the
beginning of this document, as may be changed from time to time by written notice actually
received by VIRGINIA HOSTING. To the extent permissible by the law of Customer's jurisdiction,
Customer waives any requirement that service of process or of any documents be made upon
it pursuant to the provisions of the Hague Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and
merges all prior discussion between them. VIRGINIA HOSTING
may make changes to this agreement
upon thirty (30) days' written notice to Customer, advising of the change and the
effective date thereof. Utilization of VIRGINIA HOSTING
services by Customer and/or its
Customers following the effective date of such change shall constitute acceptance by
Customer of such change(s). Otherwise, this agreement may not be modified except by the of
written consent of both parties. |
To this end the parties agree as follows:
Principles Governing
Acceptable use of the Internet by the Customer
Responsibility and Respect
- The Internet is a network intended for use by mature, adult
users. The Customer recognizes this principle and undertakes
at all times to act with respect, courtesy and responsibility,
giving due regard to the interests and rights of other
Internet users. This general guideline carries with it the
following specific responsibilities:
a) Knowledge of the
Internet - The Customer agrees to obtain a basic
knowledge of the Internet and it’s operating principles
and procedures.
b) Improper Uses -
The Customer will avoid violation of certain generally
accepted guidelines on Internet usage such as restrictions
on mass mailings and mass advertisements, pirating or
copying of software, mail bombing or other methods of
attempting to deny service or access to other users, and
attempts to violate security.
c) Unsolicited
Commercial Email - We strictly prohibits Unsolicited
Commercial Email, also known as "spam". This
includes using our network to distribute unsolicited bulk
email from your site on our servers or using any outside
network to send bulk email advertising your site on the
Vendor servers. the Vendor reserves the right to immediately
terminate any customer account associated with unsolicited
email and no refund will be issued for any unused service
fees.
d) Compliance with Laws
- The Customer will ensure that their use of the Internet
complies with all applicable federal, state and local law
and regulation, including but not limited to those
principles of law which protect against compromise of
copyrights, trade secrets, proprietary information and other
intellectual property rights, libel or defamation of
character, invasion of privacy, tortuous interference, and
export of technical or military data to prohibited
countries.
e) Validation of
Information - The Customer is responsible for validating
the integrity of the information and data it receives or
transmits over the Internet.
f) Security - The
Customer is required to protect the security of its Internet
account and usage. The Customer(s) password will be treated
as private and confidential and not disclosed to or shared
with any third parties.
g) Discretion and Judgment
- The Customer is expected to use discretion in the
treatment and handling of Internet information and data and
to take particular care to insure that adult information is
not transmitted to juvenile users of the Internet.
h) Pornography - Due
to legal and social issues, we will not accept any customers
who publish, store or otherwise process pornographic
material. If an existing customer violates this principle,
the Vendor reserves the right to immediately terminate the
Customer's account and no refund will be issued for any
unused service fees. Material deemed to be pornographic is
the sole discretion of the Vendor, with due regard to the
laws of Virginia, USA.
i) Excessive Service
Usage - Customers are restricted from using excessive
amounts of CPU processing, network bandwidth or other shared
resources provided by the Vendor. Judgments of excessive
usage are determined solely by the Vendor and will be
considered in comparison to other the Vendor customers using
similar services. the Vendor will contact customers with
resource intensive requirements and attempt to accommodate
such needs. In the case that an agreement cannot be made to
the satisfaction of both the Vendor and the customer, and
that the customer continues to use excessive resources, the
Vendor reserves the right to immediately terminate any
customer account associated with excessive resource usage.
|
