Terms Of Service

Agreement Activation: This agreement is active as soon as a customer has submitted the information on the Virtualbinge Hosting ordering forms and has been approved by Virtualbinge Hosting. Duration depends on the length of plan chosen for the customer. Plan lengths are subject to change at any time. All accounts are prepaid.

Verification of Agreement & Ratification: By activating your account you understand that by placing files on Virtualbinge Hosting's dedicated servers you are openly offering your files to the public and that Virtualbinge Hosting has no way of limiting access and do not warrant the protection of your files. It is your sole responsibility to upload your files to your allocated space with discretion. It is recommended that you do not upload any personal files or information that you would not want the public to see. Completing the online ordering form will constitute an electronic signature of this agreement, and is agreed upon by Virtualbinge Hosting.

1. Disk Space and Client Content: Disk Space is restricted by content and usage. The following content types are not allowed on our shared web hosting or reseller hosting packages including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension of the account to prevent any issues for our other valued customers. Customer is solely responsible for development, operation, maintenance of its website, online store and/or e-commerce activities. Including but without limitation, products and services offered online including the accuracy, appropriateness of the content making sure that it does not violate or infringe upon the rights of any person, is not defamatory or otherwise illegal. Customer shall be solely responsible for accepting processing and filling customer orders and inquiries or complaints and is responsible for the payment of all taxes associated with its website or online store. In addition Customer will be responsible for security and confidentiality of customer information (including credit card details) that they may receive as a result of their website or online store. Customer confirms to Virtualbinge Hosting that it owns or has the right to use the customer content and material contained and that this content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other property right of a third party, or violate any criminal law or result in unfair competition, defamation, constitute false advertising, invasion of privacy, violate a right of publicity or any other law or regulation.

2. Bandwidth Usage Policy: Because of the potential for abuse, Virtualbinge Hosting has put into place the following policy which governs the use of the bandwidth. Bandwidth is restricted by hosting package. The following usage types are not allowed on our shared website hosting or cpanel reseller hosting packages including but not limited to audio, video, and software downloading files; audio or video streaming files. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.

3. Excessive CPU/Memory Resource Policy: Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a premium hosting or dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly Virtualbinge reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. Virtualbinge will remain the sole arbiter as to what constitutes a violation of this policy.

4. Premium Hosting Content and Usage: Our exclusive Premium Hosting packages are restricted by their content and usage. The following content types are not allowed within the Premium Hosting servers including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.

5. Resellers Overselling Policy: Overselling is expressly prohibited for all web hosting reseller accounts at Virtualbinge Hosting. Virtualbinge Hosting reserves the right to terminate without a refund any reseller caught overselling our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of services for all customers.

6. Spam and Chat Room Policy: “Spamming” or sending a message to many different off topic newsgroups is unethical and will be treated as a breach of this ethical policy and will not be tolerated. Sending unwanted messages known as Spam to more than 20 people, is considered Spamming by Virtualbinge unless the individuals have specifically requested to be added to the mailing list. Proof must be supplied that recipient has requested to receive this option should a complaint be made. Virtualbinge reserves the right to suspend or terminate an account upon any indication that such activity has taken place without notice and without a refund for breaching our TOS. Should a customers account be suspended a clean up fee of $50 will be added to the account. Chat rooms excluding IRC, are allowed at Virtualbinge, on condition that they do not result in any over usage of resources and abide by our CPU usage conditions.

7. False Information: Virtualbinge customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should Virtualbinge be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then Virtualbinge Hosting reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating Virtualbinge’s TOS.

8. Non Legal Activity: Virtualbinge Hosting hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at Virtualbinge Hosting that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at Virtualbinge Hosting and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material Virtualbinge Hosting finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Any accounts terminated for violating Virtualbinge Hosting TOS will not be eligible for any refund.

9. Backup Files: Virtualbinge Hosting goes out of its way to protect and backup data both daily and weekly. This backup of data is a value added service for our customers; Virtualbinge Hosting does not guarantee this feature and therefore recommends that customers also back up their data daily. Requests for our administrators to retrieve individual customer’s back-up files can be made, but will be subject to our one time admin fee of $50.00.

10. Domain Registration: All domains are registered with Directi. Please note that the majority of domain names registered with Virtualbinge Hosting are set up to auto renew, however in certain cases this auto-renew feature may be disabled (if outstanding invoices are due, we may disable this feature to avoid you being charged for a service you may no longer want). If the domain name expires due to auto-renew being disabled, please notify us immediately and we will try our best to renew the domain name for you. However should it come to the time when the domain has already been pushed into the redemption period then you will be responsible for the one time payment of $150 redemption fee to renew your domain (this is the amount charged by our registrar, Aplus.net). Alternatively you can register a different domain at no cost (if your account has a free domain capability) or $15/year. Virtualbinge Hosting will utilize the registration systems provided by third party ENOM.COM. Your domain name usage will be governed by the terms and conditions set forth by these third party.

11. Additional Service Installation: Virtualbinge Hosting offers its customers many scripts for free by offering its customers Fantastico and cPanel. Should a customers request to have any additional scripts or software installed onto Virtualbinge Hosting servers that are not included already in the control panel or Fantastico, there will be a technical administrative charge of $25 for this service.

12. Free Name Promotion: To qualify customers choose “New Domain” during the ordering stage. The free domain is available on every web hosting plan except "configure". We can register the following .net .org .com .biz .info .us. Customer will own the domain not Virtualbinge Hosting, should the client choose to cancel their account before the end of the contract then the prorated refund will be minus the normal cost of domain registration and the customer can transfer the domain.

13. Background Operations: Virtualbinge Hosting may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved.

14. Account Termination: Virtualbinge Hosting reserves the right to cancel an account at will at its sole discretion. A customer can terminate its account given that the following provisions are met: Account: is in good standing, does not host content not allowed by Virtualbinge Hosting, has no pending warnings or complaints and that holder submit a ticket via Help Desk or sending an e-mail to support@virtualbinge.net Hosting requesting to cancel the contract seven days prior to the next billing cycle.