Virtcom Hosting provides web page hosting and domain registration/renewal services. Virtcom Hosting has certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in these services.
Virtcom Hosting agrees to deliver the agreed upon services to customer at the time of purchase, subject to the following User Agreement. In addition, the use of Virtcom Hosting's services by customer constitutes an unconditional acceptance of, and agreement to, Virtcom Hosting's User Agreement.
Virtcom Hosting reserves the the right to modify this User Agreement at any time without notice. Continued use of services indicates customer's agreement with the terms; therefore, it is customer's responsibility to regularly review the User Agreement.
- Acceptance and Assignment. Customer shall indicate acceptance of this Agreement during the course of submitting an order. Customer may not assign rights or delegate duties assumed by the acceptance of this Agreement without the prior written consent of Virtcom Hosting. Any attempt of assignment or delegation without such consent is void.
- 10 Day Money-Back Guarantee. Virtcom Hosting offers its customers a 10 day money-back guarantee. This guarantee allows a customer to purchase Virtcom Hosting's services with full confidence and zero risk. As a consequence, customer may request a full refund of all fees paid to date, including setup fees, less any additional over usage and domain registration costs, within 10 days of initial signup. Accounts terminated due to violations of any of our published policies are not eligible for this guarantee.
If the customer is not satisfied with Virtcom Hosting's services, the guarantee can be requested at any time within the first 10 days of commencement of service. If service has exceeded 10 days, the customer is not eligible for the guarantee.
- 99% Uptime Guarantee. Virtcom Hosting guarantees that customer's website will be up and running at least 99% of the time during any 12 month period. This guarantee includes network uptime, server uptime, webserver uptime, and service uptime. The guarantee does not cover any areas in which Virtcom Hosting does not have direct influence, including, but not limited to, backbone provider problems, fiber cuts, DNS or Registrar failures, routing issues between customer location and Virtcom Hosting datacenter. This uptime guarantee is not applicable if the interruption is caused by external events such as acts of God, war, or any other natural or unnatural event that Virtcom Hosting can not directly influence.
- Acceptable Use. Virtcom Hosting strictly enforces compliance with its acceptable use policy. The terms of the Acceptable Use Policy are incorporated into this Agreement as though they were fully set forth at length herein. Customer agrees to maintain their website in full compliance with the terms of the acceptable use policy. Failure to comply is cause for immediate suspension or termination of customer's account under Section XIV of this agreement.
- Domain Registration. Upon customer's request Virtcom Hosting will attempt to register a domain name or renew the registration of an existing domain name, on behalf of the customer with the domain name registrar that Virtcom Hosting, in its sole discretion, elects to employ for such registration or renewal. Virtcom Hosting reserves the right to refuse any request for the registration or renewal of a domain name.
- Payment of Services. Establishment of selected service is dependent upon receipt of payment of stated charges by Virtcom Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or the selected billing cycle. Virtcom Hosting's preferred method of payment is Debit Order. By purchasing services from Virtcom Hosting, customer agrees to be placed on a recurring payment plan. Customer's account will be automatically billed according to the terms of the selected plan. Customer grants Virtcom Hosting permission to charge customer's through debit order for any and all services customer requests including, but not limited to, hosting and/or domain name renewals.
- Failure to Pay. Virtcom Hosting may suspend or terminate service upon the failure of customer to pay charges due. Such termination does not relieve customer of the responsibility for the payment of accrued charges and any collection fees. If an account is suspended for non-payment, the account will only be reactivated after payment of all overdue fees. If customer disputes debit order charges from Virtcom Hosting which result in a refund being applied to customer's bank account, customer's account will be suspended. The suspended account will only be reactivated once all disputed/refunded fees have been satisfactorily resolved and any and all additional administrative fees incurred by Virtcom Hosting as a result of the dispute or charge back request have been paid.
It is a violation of this Agreement for customer to misuse or fraudently use credit cards. A determination of such misuse or fraud shall be at the sole discretion of Virtcom Hosting. Virtcom Hosting may report all such misuses and fraudulent uses to appropriate government and law enforcement agencies, credit reporting services, financial institutions, and credit card companies. In this event, customer waives any and all rights to privacy.
- Account Cancellation. Customer may cancel account at any time by notifying Virtcom Hosting, in writing, of cancellation. Valid proof of account ownership is required to terminate account. This includes, but is not limited to, billing information in the form of a partial credit card number or the billing password. Non-secure information, such as the contact email address or the account billing address, is not sufficient as a security verification. Cancellation is effective immediately, unless otherwise indicated by customer. When an account is cancelled, all copies of the website and emails are permanently and irretrievably removed from the server. Virtcom Hosting reserves the right to cancel service at any time.
- Refunds. In the event of account cancellation at customer's request, monthly service charges are not pro-rated at the time of cancellation. Full month's fees paid in advance are refundable, partial month's fees are not. Any violation of any of Virtcom Hosting's policies will result in forfeiture of any refund.
- Resource Assignment. Customer acknowledges that resource allotments are optimized toward serving web documents and that Virtcom Hosting provides services of a shared-server nature, where other customers are sharing the provided space. Customer agrees that Virtcom Hosting reserves the right to modify resource assignments to preserve the effectiveness of the service for all users.
- Courtesy Services. All services, such as backups and the control panel, are provided as a courtesy to Customer. It is the sole responsibility of the customer to maintain customer's own independent, offsite backup of any data. Virtcom Hosting is not responsible for the loss of data or for the loss of data due to third party software not maintained by Virtcom Hosting.
Virtcom Hosting makes regular internal backups of configurations and databases. Although these backups may contain customer information and sites for disaster recovery purposes, they should not be relied on by customer. Virtcom Hosting makes no guarantee to possess the latest, most current copy of a customer's website in its own backups.
- Scheduled Maintenance and Downtime. Customer acknowledges that from time to time, services may be unavailable or inaccessible for periodic maintenance procedures or upgrades. Virtcom Hosting will provide at least 24 hours advance notice to the customer for scheduled downtimes as a result of upgrades. The 99% uptime guarantee does not apply to this provision.
- Support Boundaries. Virtcom Hosting provides customers with various types of support, including email and phone support. Virtcom Hosting limits technical support to its areas of expertise. Virtcom Hosting provides support for the physical functions of the server related to customer's selected service plan. The customer is responsible for the programming and uploading of the website to Virtcom Hosting's servers. Development, consulting, programming, customization, and debugging are beyond the limits of the free support provided. Customer agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of Virtcom Hosting to provide this knowledge or service. Virtcom Hosting does not provide support for customer's customers.
- Termination. At the sole option of Virtcom Hosting, for any reason set forth herein or in the event that customer breaches any term of this agreement or any term of the Acceptable Use Policy, Virtcom Hosting may suspend customer's account. At the option of Virtcom Hosting, customer may be given the opportunity to correct such breach or violation. Upon notification of such breach or violation, if such breach or violation is not corrected, Virtcom Hosting reserves the right to terminate customer's account. Termination shall include the removal of any and all customer data from the Virtcom Hosting servers. Such information may or may not be made available to customer before or after termination. In the event of termination due to violation or breach of the User Agreement or Acceptable Use Policy, customer is not eligible for refund. In addition, Virtcom Hosting may charge customer an additional termination fee. The assessment of such fee does not affect the rights of Virtcom Hosting to recover from customer any losses, damages, indemnity, defense costs, expert costs, collection costs, and/or attorney's fees or other costs of any kind as may be applicable under Indiana law.
- Miscellaneous Provisions. Virtcom Hosting makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Virtcom web site, please understand that it is independent from Virtcom Hosting and that Virtcom Hosting has no control over the content on that web site. In addition, a link to a non-Virtcom web site does not mean that Virtcom Hosting endorses or accepts any responsibility for the content, or the use, of such web site. It is up to the customer to take precautions to ensure that whatever customer selects for their use is free of items such as viruses, worms, trojans, and other items of a destructive nature.
- Lawful Purpose. Virtcom Hosting reserves the right to refuse service to anyone for any reason at any time. Customers may only use Virtcom Hosting ervices for lawful purpose. Transmission of any material in violation of any federal, state, or local regulation is strictly prohibited. The includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as described above is left entirely to the discretion of Virtcom Hosting management. Regardless of the place of establishment of this agreement, the customer agrees that for purposes of venue, this agreement was entered into in South Africa, and any dispute will be litigated or arbitrated in South Africa.
- Force Majeure. Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond Virtcom Hosting's reasonable control, including without limitation, acts of God, labor disputes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day to day basis for the period of time equal to that of the underlying cause of the issue.
- Indemnification. Customer agrees that it shall defend, indemnify, save, and hold Virtcom Hosting harmless from any and all demands, liabilities, lossees, costs and claims, including reasonable attorney's fees asserted against Virtcom Hosting, its agents, customers, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed, or any product sold by customer, its agents, employees, or assigns. Customer agrees to defend, indemnify, and hold harmless Virtcom Hosting against liabilities arising out of:
- any injury to person or property caused by products sold or otherwise distributed in connection with Virtcom Hosting services;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective products sold to customer from a Virtcom Hosting server.
- Disclaimer, Limitation of Liability, and Exclusion of Warranties. Virtcom Hosting will not be responsible for any damages any business entity may suffer. Virtcom Hosting makes no warranties of any kind, expressed or implied, for services Virtcom Hosting provides. Virtcom Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes the loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Virtcom Hosting, or its employees. Virtcom Hosting reserves the right to revise its policy at any time without advance notice.
THE TOTAL AGGREGATE LIABILITY OF VIRTCOM HOSTING TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO VIRTCOM HOSTING BY CUSTOMER HEREUNDER DURING THE THREE MONTHS PRECEDING A CLAIM IN WHICH VIRTCOM HOSTING IS LIABLE TO CUSTOMER. IN NO EVENT SHALL VIRTCOM HOSTING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE, EVEN IF VIRTCOM HOSTING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF THE FAILURE OF AN AGREED UPON REMEDY.
Customer agrees to use all services and any information obtained through or from Virtcom Hosting at customer's own risk. Customer acknowledges and agrees that Virtcom Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Virtcom Hosting's host computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER VIRTCOM HOSTING NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT VIRTCOM HOSTING PROVIDES. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. VIRTCOM HOSTING IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY Virtcom Hosting. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.