We have a responsibility
to protect each customer and to provide the best service available. The
following guidelines were designed to ensure all customers receive quality
Law and Jurisdiction
is hereby defined as any person or entity utilizing any service
use of VirtuaWeb services constitutes Customer's acceptance
of all Terms and conditions. Customer
also agrees to be bound by any change in these terms which may
be published via VirtuaWeb services while you are a customer
of VirtuaWeb services. If you do not want to be bound by the
terms of this Agreement or by any subsequent changes to these
terms, please contact VirtuaWeb immediately so that we may
close your account. VirtuaWeb reserves the right to change the Terms of Service without
prior notice or warning.
reserves the right to refuse, cancel, or suspend service at our
shall be the sole arbiter of what is and is not a violation of
these acceptable use policies.
has the right to delete all content and files upon termination.
VirtuaWeb reserves the right to withhold any prepaid funds for
any site removed for violations of these policies.
- All orders
are subject to acceptance by VirtuaWeb.
- The customer
must be 18 years of age to obtain our service.
- Failure to
follow any term or condition will be grounds for immediate account
Failure by either you or VirtuaWeb to insist upon compliance
by the other party with the terms and conditions of this Agreement
shall not constitute a waiver of any rights under this Agreement.
any part, term, or provision of this Agreement is determined to
be invalid or unenforceable by a court, board, or tribunal of
competent jurisdiction, such term or provision shall be construed
in all respects as if such provision were written in a manner
acceptable to said court, board, or tribunal, or, if such provision
is found to be totally unacceptable to such court, board, or tribunal
in any form, then as if such invalid provision were omitted altogether.
It is expressly understood that there are no oral agreements or
understandings between you and VirtuaWeb which will be deemed
to extend, restrict, or otherwise supersede the exact terms of
this agreement. If any provision of this Agreement fails to comply
with applicable law, then this Agreement shall, without prior
notice, be automatically modified to conform with the minimum
requirements of any law or governmental regulation having application
to or jurisdiction over the subject matter or the parties hereto.
Otherwise, this Agreement, the Application Form, and any later
written changes published via VirtuaWeb service, constitutes
the entire agreement
VirtuaWeb may cancel specials at any time. Prices are subject
to change at any time, and prices are only guaranteed for the
initial period of prepayment.
- For customers
who have purchased a quarterly or yearly plan or paid in advance
and wish to cancel before the end of the plan, we will refund
the balance, however you will be charged the full monthly rate
for services provided.
currently accepts credit cards (Visa, MasterCard, American Express,
Discover). VirtuaWeb also accepts personal/business checks, money
orders, or International money orders in US currency, drawn from
a US Bank.
- All fees
are payable in advance for the upcoming month (unless prepaid)
on a anniversary date billing cycle. Although you may cancel your
service at any time, you remain responsible for any outstanding
moneys due and payable at the time of cancellation. You are responsible
for notifying us when you wish to cancel your service. You may
email email@example.com or send notification to 724 N. Fifth
St. Fremont, OH 43420.
- Credit cards
are charged automatically 3 days prior to the anniversary date of the payment
period, unless we receive instructions indicating otherwise. You
will only be refunded for unused services if you have prepaid
for more than 1 month.
- All prices
are US dollars.
- Sales and
use taxes and all other applicable taxes which are applicable
to the provision of services shall be incurred by Customer regardless
of whom the taxes are or were imposed upon.
- It is the
sole responsibility of the customer to insure their payment information
is maintained current and available for payment of incurred fees. If
you default, you agree to pay VirtuaWeb its reasonable expenses,
including attorney and collection-agency fees, incurred in enforcing
its rights under these Terms and Conditions.
offers a 30 day money back guarantee on new web hosting accounts.
This does not apply to resold accounts. If not satisfied with
our web hosting within the first 30 days of your account setup,
you will be given a full refund of the services amount (excluding
setup fees) You must notify us within the first 30 days following
activation. No refund is available after the 30th day. Email
or send a notice to 724 N. Fifth St. Fremont, OH 43420
- Refunds will
be issued in the same manner that payment was made. If you paid
by check, we reserve the right to wait 30 days (for your check
to clear) before issuing a refund check. This guarantee does not
apply to additional services such as chat rooms, Email accounts
- Accounts that are past due in payment of balances due will be
given 7 days notice (via email to the address we have on file
- it is CUSTOMERS RESPONSIBILITY TO UPDATE THEIR EMAIL ADDRESSES
IN THE CONTROL PANEL). If no response is received in that period,
the account may be temporarily deactivated, and a $10 reactivation
fee will apply to have the account reactivated. If after 14 days
of suspension and payment is still not received, the account may be
deleted, including all stored email. Late payments may be subject
to a $10 late fee.
any account where we have paid your domain registration fee, if
you should cancel your account before you have paid us a total
of $17.50, we reserve the right to charge you the difference between
$17.50 and the total you paid us. For example, if you cancel your
account with us in the second month, and have paid us $14.95 total,
you would owe us an additional $2.55 upon cancellation. Any setup
fees paid DO count toward the total you have paid to us.
- Credits and
free month(s) of hosting do not have a cash value, and as such,
are not refundable.
- Setup fees
- If your check
is returned to VirtuaWeb unpaid, you agree to pay a returned
check charge of $25.00.
- Credit cards declined for any
reason will incur a $2.00 fee.
- If we must
deal with a credit card chargeback on your account, you will be
charged a $50 administrative fee for our time in dealing with
this. Should your account be turned over to a collection agency,
you are responsible for collection and legal fees.
- If you default,
you agree to pay VirtuaWeb reasonable collection expenses, including
attorney and collection agency fees.
- The customer
is responsible for all money owed on the account from the time
it was established to the time that the customer notifies
in writing for a request for cancellation of services.
reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be prorated and paid by
if VirtuaWeb institutes it's right of cancellation. Any violation
of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
- Phone requests
will not constitute acceptance of any cancellation.
- Written notification
of cancellation must be received at least five days prior to your
cycle date, with the cycle date being the first of the month, in order to avoid charges in full for the next cycle.
- All services
provided by VirtuaWeb may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material
in violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted
material, trademark, intellectual property, material we judge
to be threatening or obscene, or material protected by trade secret
and other statute without proper authorization.
agree that VirtuaWeb may remove objectionable materials residing
on the VirtuaWeb server. Such removal shall be at VirtuaWeb's
sole discretion and VirtuaWeb shall be the sole judge of what
constitutes objectionable material.
- Abuse of the law. VirtuaWebs services may be used for lawful purposes
only. Illegality includes but is not limited to: drug dealing;
attempting without authorization to access a computer system;
pirating (distributing copyrighted material in violation of copyright
law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling;
schemes to defraud; trafficking in obscene material; sending a
message or having content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups;
violating US export restrictions; stalking; or violating other
state or federal law such as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic Espionage
Act. Linking to illegal material is also prohibited. VirtuaWeb
reserves the right to check system files, email, and other data
on our servers for illegal content and materials, or for any other
reasons deemed necessary.
accounts may not host or handle material that contain
the following content or links to content elsewhere. VirtuaWeb
will be the sole arbiter in determining violations of this provision:
- Hackers programs
- Warez Sites,
material which promotes the illegal distribution of software
- IRC Bots
- nudity, pornography,
adult material and sex-related merchandising. This includes sites
that may infer sexual content, or links to adult content elsewhere.
- any material
that results in reasonable complaints from other customers or
- sites that
promote any illegal activity or present content that may be damaging
to VirtuaWeb servers or any other server on the Internet
- In addition
any site selling or promoting Bulk email services or software
is not allowed
mailing list services are provided for use as discussion forums
only, and may not be used to distribute unsolicited email. All
users on a list must have personally subscribed to that list.
- Any customer
repeatedly "mail bombed" or that attracts such behaviour will be
asked to leave.
- Our servers
may not be the source, intermediary, or destination address involved
in the transmission of spam, flames, or mail bombs. Your domain
may not be referenced as originator, intermediary, or reply-to
address in any of the above. If you are found to have spammed,
then we will immediately, without warning, disable your domain.
As such, Violation will result in immediate termination of
all services without refund. Fines and legal action may be imposed.
VirtuaWeb will be the sole arbiter as to what constitutes a violation
of this provision. A user shall not use another site's mail server
to relay mail without the express permission of the site.
- We consider
spam, without limitation, to be any of the following:
- any mass
unsolicited message in the mediums of Newsgroups and Email. (sending
unsolicited advertising to those with which the customer has no
existing business relationship
off-topic advertising in newsgroups
- Posting the
same or similar message to one or more news groups (excessive
cross-posting or multiple-posting)
- passive spamming
(promoting a web site hosted by VirtuaWeb by spamming from some
(posting controversial messages in newsgroups to generate responses)
- A message
is considered unsolicited if it is posted in violation of a newsgroup
charter or sent to a recipient who has not requested the message.
Making an email address available to the public does not constitute
a request to receive messages.
of mass emailing programs is also prohibited.
- SPAM originators
will be prosecuted to the fullest extent of the law.
The customer is responsible for
all activity originating from the account unless proven to be a victim
of outside hacking or address forgery. The customer is responsible for
securing their username/password. The customer assumes responsibility
for all material on their site that may be put on by a third party (such
as the usage of Free For All links pages). Use of VirtuaWeb's service requires a certain level
of knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use
and desired content of the web space by the customer. The following
examples are offered: Web Publishing: requires knowledge of HTML,
properly locating and linking documents, FTPing Web contents, Graphics,
text, sound, image mapping, etc. FrontPage web publishing: knowledge
of the FrontPage tools as well as Telnet and FTP understanding and
capability. CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail:
a use of mail customers to receive and send mail, etc. The customer
agrees that he or she has the necessary knowledge to create and
maintain their web space. customer agrees that it is not the responsibility
of VirtuaWeb to provide this knowledge or support outside matter
specific to VirtuaWeb's servers.
are made weekly, and backups of new/changed data made nightly. No
guarantees are made of any kind, either expressed or implied, as
to the integrity of these backups. Backups are made for server restoration
purposes only. It is the customers responsibility to maintain
local copies of their web content and any information. If loss of
data occurs due to an error of VirtuaWeb, VirtuaWeb will attempt
to recover the data for no charge to the customer. If data loss
occurs due to negligence of customer in securing their account or
by an action of the customer, VirtuaWeb will attempt to recover
the data from the most recent archive for a $100.00 fee.
VirtuaWeb maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to the customer and reserves
in its sole discretion the right to change or remove any and all
IP numbers and addresses.
ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. VirtuaWeb makes
absolutely no warranties whatsoever, express or implied, INCLUDING
BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION
OR SOFTWARE PROVIDED THEREBY.
VirtuaWeb shall not be responsible
for any claimed damages, including incidental and consequential
damages, including lost profits which may arise from VirtuaWebs servers going off-line or being unavailable
for any reason whatsoever. Further, VirtuaWeb shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion of
any web site from one of VirtuaWebs servers. IN THE EVENT
VirtuaWeb IS FOUND LIABLE
FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL
VirtuaWeb BE LIABLE FOR AN AMOUNT IN EXCESS OF ONE MONTH OF PAID
HOSTING SERVICES FOR THAT PARTICULAR ACCOUNT.
rights and obligations under this agreement may not be transferred
or assigned directly or indirectly without the prior written consent
of VirtuaWeb which consent shall not be unreasonably refused.
take all necessary measures to preclude VirtuaWeb from being made
a party to any lawsuit or claim regarding VirtuaWeb services provided
to any customer or end user. Customer hereby agrees to indemnify
and hold harmless VirtuaWeb from any and all claims of whatever
nature, expenses, demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against VirtuaWeb,
its agents, its customers, officers and employees, that may arise
or result from any service provided or performed or agreed to be
performed or any product sold by customer, it's agents, employees
GOVERNING LAW & JURISDICTION
that you, your web site or your server may reside outside the State
of Ohio, including outside of the United States of America,
you agree that this Agreement shall be governed by the laws of the
State of Ohio.
You and VirtuaWeb agree that the law of the State of Ohio,
USA will apply to all matters relating to this Agreement and to
VirtuaWeb services. In addition, you and VirtuaWeb agree and consent
that the courts of Sandusky County, Ohio, USA, will have exclusive
jurisdiction and be the exclusive venue for any legal actions relating
to this Agreement or to the services provided hereunder.
required or permitted hereunder shall be given to the appropriate
party at the address specified below or at such other address as
the party shall specify in writing. Such notice shall be deemed
given: upon personal delivery; if sent by telephone facsimile, upon
confirmation of receipt; or if sent by certified or registered mail,
postage prepaid, 5 days after the date of mailing.
will not be responsible for any damages your business may suffer.
VirtuaWeb makes no warranties of any kind, expressed or implied
for services we provide. VirtuaWeb disclaims any warranty or
merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by VirtuaWeb and
its employees. VirtuaWeb reserves the right to revise its policies
at any time.