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 (admin@virtuaweb.net) at once, and your
account will be closed, with a refund of any unpaid amounts as of the date
of account closure.