The following terms of service ("TOS") will apply to the agreement to provide service between Versaweb, LLC ("Company") d.b.a UltraVPS, and the individual or business entity identified on the order form for said services ("Customer"). These terms, along with the attached Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the "Agreement" between the two above mentioned parties.
Service Rates: Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. Customer also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers. Where possible, the Company will provide the Customer with a minimum of 15 days notice of any rate changes.
Payments and Fees: Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and Company has been able to adequately verify the validity of said payment. Recurring payments will become due and payable on the first day of the month following the completion of the first invoice term, and will continue as such for all subsequent invoices. Any account that becomes past-due may will be subject to a 10% late payment fee, and may be suspended or disabled for non-payment at any time at the sole discretion of the Company. Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectable by the Company will be turned over to an outside collection agency. If your account is turned over for collection, you agree to pay the Company a "Collection Fee" of not less than $150, in addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Company offers are considered to be provided on a strictly prepaid basis.
Refund Policy: All services rendered by the Company are provided with a 7 day refund policy. This policy does not include any charges for professional services, usage fees, or other incidental charges. Furthermore, if your account is canceled by the company for violation of this Agreement or the attached Acceptable Use Policy, all payments made to the Company become completely non refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action as described in section 2 above.
Service Cancellation: Requests to cancel services may be made by notifying our Billing Department from within our billing and customer management system. All requests for service cancellation must be made a minimum of 5 days prior to the renewal date of the service being cancelled. Failure to provide notice at least 5 days prior to the renewal date may result in a full billable monthly cycle prior to cancellation. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made. All outstanding invoices must be paid in full prior to requesting cancellation, and all unpaid charges must be satisfied prior to the return of any customer-owned equipment.
Billing Errors: Customer acknowleges that the Company will make it's best effort to ensure that all invoices are correctly issued. However, should Customer note any possible errors, Customer agrees to notify our Biling department within 30 days of the issuance of the errant invoice. After 30 days, all invoices will be assumed to be correct, and no further billing adjustments will be made.
Credit Card Payments: Where available, the Customer authorizes the Company to automatically debit any credit/debit card(s) placed on file with the Company during the ordering process or via subsequent account updates on the due date of each invoice. Invoices will be emailed to the Customer prior to any credit card charges being placed at the beginning of each billing period. Should the Customer's credit card be declined for any reason, Company will contact customer to notify them of the declined charge, and will continue to resubmit the credit card on file for payment until the balance is paid in full. If the Company is not able to charge the Customer's credit card as noted above for the full amount due, Customer authorizes the Company to split the total amount due across multiple debit transactions to the credit card(s) on file equaling the total amount due.
Indemnification: Under no circumstances shall the Company be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by the Customer for services during the period damages occurred. Customer also acknowledges that in no case will the Company be liable for damages as a result of its own negligence in excess of the charges payable by the Customer for services during the period damages occurred. Customer acknowledges that they make use of Companies' services and facilities at their own risk.
No Lease Implied: Customer acknowledges that the Company is providing a service, and no binding lease of physical equipment or real estate is in any way implied as part of this agreement.
Privacy Policy: Company will not sell, lease, borrow, give, or otherwise dispose of any type of customer provided information to any third party unless compelled to do so by law or in cooperation with any law enforcement investigation. Company reserves the right to collect and utilize any customer information, including, but not limited to email addresses and web site cookies, for internal tracking and/or marketing purposes.
Violation of Terms: Should Customer violate any of these terms, the Company will attempt to contact the customer by email or telephone before taking any action where avoidable. However, the Company will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension or termination of Customer's services without any type of notification.
Illegal Use: The services provided by the Company may not be used for any illegal purposes or in support of any illegal activity. The Company reserves the right to cooperate with any legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
Child Pornography: Use of services provided by the Company are strictly prohibited from being used to store, display, distribute, advertise, or in any way support child pornography. The Company will comply with all law enforcement entities to actively enforce this policy, and will report any Customer who violates this policy to the United States FBI and/or Interpol should the Company become aware of such violations.
Unsolicited Commercial Email / SPAM: Use of services provided by the Company to transmit or support any type of unsolicited commercial email or unsolicited bulk email message (UCE/UBE) is strictly prohibited. Customer agrees that any commercial email sent using the service will be fully compliant with the CAN-SPAM Act and any other applicable legal standards.
Real-time Block Lists (RBL): Customer acknowledges that should any assigned IP space become listed with a Real-Time Block List (RBL) or should assigned IP space be reported as having a "Poor" or otherwise derogatory reputation score as a result of Customer's activities, Customer agrees to pay an administrative charge of $250 per hour with a minimum 1 hour per RBL listing to cover costs incurred by the Company in the process of removing IP space from the RBL(s).
Unauthorized Access: Use of services provided by the Company to gain unauthorized access into any other system or to support any attempt to gain access to any other computer system is strictly prohibited.
Network Activity: Use of services provided by the Company to attempt to disrupt the network of any other system connected to the internet, i.e. Denial of Service Attacks (DOS), is strictly prohibited and may result in the immediate termination of services. Additionally, IRC services of any kind - clients, servers, bots, etc are strictly prohibited on our network, and the Company reserves the right to filter all IRC related traffic.
Denial of Service Attacks: Customer acknowleges that should the Customer's server become the target of a Denial of Service Attack, the Company reserves the right to block access to the IP address(es) being attacked until the Company can determine that the attack has ceased and is not likely to imminently return once service is restored. Should Customer's server become the target of persistent, repeated DOS attacks that require the intervention of a network administrator or attacks of sufficient scope to impact network perofrmance and availablity, the Company may require Customer to purchase additional DDoS Protection / DDoS Mitigation services at an additional charge in order to continue providing services to Customer. Otherwise, Customer will be considered to be in violation of our Acceptable Use Policy and may be subject to suspension or termination of services.
Network Security: The Company will make reasonable attempts to ensure the security of its internal and external networks remain intact. Customer agrees to make every attempt to ensure the security of their individual servers, or will, on a regular basis, utilize the managed services that are provided by the Company at an additional cost to ensure the security of the network. Should it become necessary for the Company to render administrative services in order to ensure the security of it's network with or without the Customer's knowledge, Customer agrees to pay the published rates for said services and will hold Company harmless should any type of loss occur while work is being performed.
Modification: The Company reserves the right to modify this agreement at any time without prior notification. Any questions regarding these terms and policies should be directed to our abuse department prior to purchasing services.
Suspension or Termination: Customer acknowledges that violation of any of these terms is grounds for immediate suspension or termination of all hosting services at the sole discretion of the Company.
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