By Participating
in this program owned by vNetServer.Net
You agree to all terms of service outlined below:
SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in any way
related to unsolicited email, ICQ or IRC spams, or newsgroup postings.
Opt-in email newsletters require pre-approval. If we receive spam complaints,
your link will be disabled, your account will be immediately terminated,
and we will take LEGAL ACTION against you. Please be aware, MRG lists
is not acceptable, as well as, any other program that hides the sender
email address. We terminate sites without notification when any of these
types of programs are discovered.
ZERO TOLERANCE POLICY
Any website or website content that implies or attempts to defraud a user
in anyway will be terminated upon first sight. There will be no warnings
and there will be no emails sent to the abuser or those attempting
to defraud. If you are looking to host your site at vNetServer.Net for
the sole purpose of defrauding people of their personal information, credit
card information or any other personal information that can be used for
gain of any type, your site will be copied, terminated and your files
will be sent to those from whom will take further measures along with
your information collected at signup.
BULK E-MAIL
We also monitor "Bulk E-mail". While cpanel has a mailing list program
installed, any mailing over 2500 messages must be pre-approved. In addition,
any site sending over 5000 messages per month will be considered "Bulk".
Bulk e-mail ties up the mail que and delays messages for other users.
Therefore, we must limit the amount of use on any shared server. There
are some arrangements that can be made to accomodate a user with a large
list which includes extra fees and special mail scheduling software. Please
be aware that posting to Free for All web pages could generate "bulk email"
from autoresponders of the FFA list users you have posted to. We may need
to take action if these autoresponders are spamming the server and causing
the mail que too many delays.
ALLOWED SITES
Your site must be legal in representation and abide by all laws within
the United States of America.
Although we do not monitor the content of all sites all
of the time, we will not host websites that have pornographic material,
illegal products, software cracks, warez, extremely offensive, or illegal
content, or link to websites that have illegal content.
The website cannot attempt to download any virus or malicious
or annoying files when opened. IRC bots, programs, or networks of anykind
are not allowed. If an IRC program is discovered, immediate termination
will result without warning. The following processes are illegal on our
servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices,
ircd, psyBNC, ptlink, services.
Websites with processes that consume or take the server load to an unmanageable
level will have that process terminated immediately - this includes the
use of VI Edit or VIM. If these processes continue to operate or cannot
be found after termination of process will result in the website(s) being
disabled and/or terminated from the server. Please use PICO for file edits.
Accounts granted SSH access that are found to have processes running in
this same manner will have SSH access deactivated for a minimum of 6 months.
THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages and servers
logs if neccessary. If illegal content is discovered, upon request, we
will turn over all site related documents, files and logs to the proper
authorities. We reserve the right to terminate webmasters without payment
who make derogitory comments about the program or employees of vNetServer.Net;
We reserve the right to suspend or terminate at will for non-payment.
Sites suspended for non-payment wishing to become unsuspended, may be
required to pay for an entire year in advance to leave suspended status
and must pay a $10.00 re-activation fee, per incident. In addition, all
back monies due, must be collected before activation. We reserve the right
to terminate sites without notification when any of these types of programs
or issues are discovered.
ANNUAL HOSTING PACKAGES
Annual Hosting- vNetServer.Net hosting plans are set to give our users
the most useful tools available to manage the accounts. Standard set up
is for monthly pay plans.
Hosting plans that are paid annually are heavily discounted. The discounts
warrant vNetServer.Net to require a 12 month term agreement to cover the
discounted annually hosting fees. When a discounted annual hosting plan
is ordered, the user agrees to a term of 12 months of hosting with the
vNetServer.Net Web Hosting Network.
NETWORK FAILURES AND ACTS OF GOD
The program shall not be responsible for any delay or failure to perform
due to internet and equipment failures and/or other acts outside of our
reasonable control.
NETWORK AND HARDWARD UPDATES
Within time, we reserve the right to upgrade our network and hardware
when industry standards require. These upgrades will be announce no later
than 12 hours before any expected system outages. These outages are not
covered in our SLA for 99.9% uptime due to the outage being the affect
of preventive maintenance or the improvement of services provided. As
a standard, we will schedule these upgrades to happen over a weekend starting
on a Friday afternoon and not extending past midnight, Sunday.
TERMINATION
We take these terms very seriously. An account is found to be violating
one or more of the above terms will be terminated without payment or notification.
INDEMNIFICATION:
You shall indemnify, defend and hold vNetServer.Net and its affiliates
harmless from and against any damage, loss, expense (including reasonable
attorney's fees and costs related to litigation) or penalty or any claim
or action therefore, by or on behalf of any person, arising out of: (a)
any material on the your Web Site as linked through vNetServer.Net, including
without limitation, those arising from claims or suits for defamation,
copyright or trademark infringement, misappropriation, violation of the
Lanham Act or rights of privacy or publicity or from any and all similar
claims now known or hereafter devised; (b) a breach by you of a warranty
under this Agreement; (c) any negligence or willful misconduct by you.
NO WARRANTIES.
vNetServer.Net PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS
"AS IS." vNetServer.Net MAKES NO OTHER WARRANTIES AND vNetServer.Net DISCLAIMS
ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. vNetServer.Net DOES
NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR
FREE, NOR DOES vNetServer.Net MAKE ANY WARRANTY AS TO THE PERFORMANCE OR
ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP
PAGE. In addition, there are no guarantee's made on actual profit that
can be made through our reseller plans. Any profit calculations are only
examples and are not guaranteed. All resellers are Independent Contractors.
LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY,
EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. vNetServer.Net's MAXIMUM
LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL
DAMAGES UP TO THE TOTAL AMOUNT OF $500. IN ADDITION, vNetServer.Net SHALL
NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. vNetServer.Net MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU
FROM DISSEMINATING vNetServer.Net's CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED
USE OF vNetServer.Net's TRADE NAME OR TRADEMARKS.
GENERAL TERMS AND CONDITIONS.
14.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement.
Any notice which either Party may desire to give the other Party must
be in writing and delivered, by mail or facsimile to the relevant Party
at the address of such Party as set forth in this Agreement or such other
address as the Parties may hereinafter designate. This Agreement shall
be construed and enforced in accordance with the laws of the State of
Washington, except that body of law concerning conflicts of law. vNetServer.Net
shall not be liable to you for any delay or failure to perform which results
from causes outside its reasonable control. A judicial determination that
any provision of this Agreement is invalid in whole or in part shall not
affect the enforceability of those provisions found to be valid. If vNetServer.Net
fails to require performance of any duty hereunder by you, such failure
shall not affect its right to require performance of that or any other
duty thereafter. The waiver by vNetServer.Net of a breach of any provision
of this Agreement shall not be a waiver of the provision itself or a waiver
of any breach thereafter, or a waiver of any other provision herein. This
Agreement, including any supplements, modifications or amendments hereto,
and the E-Mail, including any supplements, modifications or amendments
thereto, shall constitute the entire agreement between the Parties regarding
its subject matter. This Agreement supersedes any and all previous proposals,
representations or statements, oral or written. Except as otherwise stated
in this Agreement, any modifications to this Agreement must be in writing
and signed by authorized representatives of both Parties.
14.2. Assignment. This Agreement shall be binding upon
and shall inure to the benefit of the Parties hereto, and their respective
representatives, successors and permitted assigns. This Agreement shall
not be assignable by you, without the express written consent of vNetServer.Net,
including to an entity in which it has merged or which has otherwise succeeded
to all or substantially all of your business and assets to which this
Agreement pertains and which has assumed in writing or by operation of
law its obligations under this Agreement. Any attempted assignment in
violation of this provision will be void.
14.3. Attorneys Fees. In the event there is any dispute
concerning the terms of this Agreement or the performance of any Party
hereto pursuant to the terms of this Agreement, and any Party hereto retains
counsel for the purpose of enforcing any of the provisions of this Agreement
or asserting the terms of this Agreement in defense of any suit filed
against said Party, the successful or prevailing Party or parties shall
be entitled to recover reasonable attorneys' fees and other costs incurred
in that action or proceeding from the other parties, in addition to any
other relief to which it may be entitled.
14.4. Counterparts. This Agreement may be sent via facsimile
and executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same
instrument.
Termination
vNetServer.Net may terminate the Program at any time with notice sent to
the email address designated in your account information. You will have
thirty (30) days from the date this notice is sent to redeem the commissions
in your account. vNetServer.Net will not be responsible for notice failures
caused by an error in your email program, an inaccurate email address
provided by you, your failure to check your email, or your failure to
inform vNetServer.Net of a change in your email address.
vNetServer.Net may modify this Agreement from time to time,
with or without notice, and your continued participation in the Program
after such modification shall be deemed to be your acceptance of any such
modification. It is your responsibility to check this Terms and Conditions
page regularly to determine whether this Agreement has been modified.
If you do not agree to any modification of this Agreement, you must immediately
cease participation in the Program.
You understand and agree that vNetServer.Net shall be the
sole determiner in cases of suspected abuse, fraud, or violation of its
rules and any decision it makes relating to termination of membership
(including cancellation of commissions) shall be final and binding.
We want to Thank You for taking the time to read our Terms of Service!
vNetServer.Net