| |
 |
Customer Use of Services
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 Aplus.net. 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. 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.
|
|
|
|
|
|
|
Home
Home
