TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
Thank you for choosing VirtuaWeb as your Web Service Provider. When using VirtuaWeb's service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure that you and all other VirtuaWeb customers have a high quality service that is being used appropriately by all customers. By establishing and using your VirtuaWeb hosting account, you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies. VirtuaWeb is a private company providing a commercial gateway to the Internet. VirtuaWeb's equipment and facilities may be used to host web pages, send electronic mail, and all other web host related activities subject to these Terms and Policies (referred to in this document as "the Service.")
This service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
VirtuaWeb grants you a non-exclusive right to use the Service to host any material that is considered property of you or your organization. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of VirtuaWeb.
2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
3. Prices and Charges. VirtuaWeb charges are outlined in our pricing guide located at http://www.virtuaweb.net. Additional charges may be included to cover damages resulted from improper use of Services.
Unsolicited Bulk E-mail ("spam") cleanup:
$100 per hour spent by VirtuaWeb personnel
Charges are due within 15 days of the date on VirtuaWeb's invoice. Payments received after that date will incur a late payment charge of 5% of the total amount past due.
Any checks returned by the issuing institution will be charged a processing fee of $25.
If you fail to pay for your account for 15 days after the date of the invoice, VirtuaWeb may without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that VirtuaWeb terminates your account. If VirtuaWeb incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount you owe.
4. Term. The Service is provided to you on a month-to-month basis. VirtuaWeb must receive written notice of termination (which may be by first-class mail or by e mail) from you at least 15 days prior to end of a month, or the Service will be provided and charged to you for the following month.
5. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Virtuaweb to suspend or terminate your account. You agree that VirtuaWeb has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); the suspension or termination which will result from spamming is entirely separate from and in addition to the fees which will be placed on your acc ount due to such activity;c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient;d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;e. Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, download traffic of fifty (50) megabytes or more per day for the Subscriber's web page or site, sending e mail traffic in excess of fifty (50) megabytes per day, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a disruption or shutdown of Service;f. Using the Service to promote or solicit competing Internet services;g. Using the Service for unauthorized relays through any third party systems;h. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;i. Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;j. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s) or the ir connectivity, including but not limited to syn flood attacks and smurfing,k. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);m. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;n. Engaging in harassment, whether through language, frequency, or size of messages;q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify VirtuaWeb as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property. VirtuaWeb does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If VirtuaWeb is informed of an alleged copyright or trademark infringement on the Service, VirtuaWeb will attempt to notify the affected person(s) of those allegations and secure a response. VirtuaWeb may, at its sole discretion, remove on a temporary or permanent basis materials which VirtuaWeb believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against VirtuaWeb for any such removal.
8. Liability. You agree that use of the Service is at your own risk. Neither VirtuaWeb nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. VirtuaWeb neither endorses nor is responsible for the accuracy of such material, and you agree that VirtuaWeb is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any service provided by VirtuaWeb. You agree to indemnify and hold harmless VirtuaWeb and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service which results in damages to VirtuaWeb as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that VirtuaWeb may pursue any such claims against you in District Court in Ottawa County, Ohio.
9. Warranty. VIRTUAWEB MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY VirtuaWeb OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY VIRTUAWEB ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; VIRTUAWEB DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. VIRTUAWEB DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
10. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Virtuaweb has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material persons may find objectionable.
12. Privacy. VirtuaWeb commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. VirtuaWeb will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. VirtuaWeb may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. VirtuaWeb may provide aggregate data on Subscribers to third parties.
13. Disputes. You agree that any dispute between you and VirtuaWeb arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and VirtuaWeb will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association's offices. The arbitration must be held in Ottawa County, Ohio, and the arbitrator must be a person with experience in online services operation or law.
14. Changes. These terms of service and acceptable use policies may be changed at any time and for any reason by VirtuaWeb. Revised terms and policies will be posted at http://support.virtuaweb.net. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform Matt Whitted (email@example.com) at once, and your account will be closed, with a refund of any unpaid amounts as of the date of account closure.