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TOS (Terms of
Service)
Vintage Hosting Service ("The
Company") agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of Vintage Hosting Service's Services constitutes acceptance and agreement to Vintage Hosting Service's
AUP as well as Vintage Hosting Service's TOS (Terms of Service).
All provisions of this
contract are subject to the TOS (Terms of Service) of Vintage Hosting Service and AUP
(Acceptable Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of Texas, county of Collin applicable to contracts
enforceable in that state. Venue will be Collin County, Texas
- Disclosure to Law
Enforcement:
The
AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition Vintage Hosting Service shall
have the right to terminate all service set forth in this Agreement.
- Service Rates:
Subscriber
acknowledges that the nature of the service furnished and the initial rates
and charges have been communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates and charges from time
to time. The promotional offer is contingent upon Company achieving and
maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
Vintage Hosting Service will never change your rates, as long as you remain a subscriber in
good standing.
- Payment:
Establishment
of this service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the month (or
year) for that month’s (or year’s) service. Billing is handled through
our credit card processor, and may show up as 2checkout.com or Vintage Hosting Service. Also accepted is PayPal. All billing is done automatically on
the renewal date. Vintage Hosting Service is not responsible for overdraft or
overlimit charges from your bank or credit card company due to the automated
billing.
- Payments and Fees:
Credit
cards that are declined for any reason are subject to a $1.00 declination fee,
at our discretion. Service will be interrupted on accounts that reach 48 hours
past due. Service interrupted for nonpayment is subject to a $50 reconnect
charge. Accounts that are not collectable by Vintage Hosting Service may be turned
over to an outside collection agency for collection. If your account is
turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to do this
as outlined in this TOS.
- Refund and Disputes:
All
payments to Vintage Hosting Service are nonrefundable after a 30 day Trial Period.
This includes the all charges regardless of usage. Domain Registrations are
non-refundable. All overcharges or billing disputes must be reported within 45
days of the time the dispute occurred. If
you dispute a charge to your credit card issuer that, in Vintage Hosting Service's
sole discretion is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay Vintage Hosting Service an "Administrative Fee" of not
less than $50 and not more than $150. Charging back on your credit card without contacting Vintage Hosting Service
to resolve billing issues is considered credit card fraud, and will result in
your account being turned over to a collection agency and any law enforcement
agencies that we deem necessary. If you wish to cancel your hosting, please
contact us first.
- Failure to Pay:
The
Company may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
- Account Cancellation:
All
requests for canceling accounts must be made in writing providing at least 15
days notice. Written notice should be sent to Vintage Hosting Service Attn:
Cancellations, 10750 S. Artesian, Chicago, IL, 60655 or you may call
708-743-4748. You must have
all account information to cancel. Sending an E-mail to subscriptions@vintagehost.net is also suffecient.
8. Subscriber acknowledges that the
service provided is of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that damages resulting from
any interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or injury.
- New Domain Accounts:
All
new web hosting accounts involving new domains will be set up and entered
into our DNS servers in 1 to 2 business days. Due to unforeseen
complications, however, this process may sometimes require up to 5 business
days.
- Transfer of Domains:
New
web hosting accounts which involve the transfer of a domain from another
provider to Vintage Hosting Service will require a minimum of seven (7) days to be set
up and entered into our DNS servers. In some cases, such transfers may take
up to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by Vintage Hosting Service on
behalf of the account holder a handling fee might be incurred. If the
customer cancels service during the transfer period for any reason, all
charges are considered earned.
- Support Boundaries:
Vintage Hosting Service, provides 24 x 7 server monitoring for our subscribers. We
limit our technical support to our area of expertise. The following is our
guidelines when providing support: Vintage Hosting Service provides support related to
your web hosting account physical functioning. Vintage Hosting Service does not offer
tech support for application specific issues such as cgi programming, html or
any other such issue. Vintage Hosting Service does not provide technical support for
YOUR customers (if you are a reseller). If you can email, we encourage you to
email support@vintagehost.net
for assistance. If you are able to get online and have other questions, you
can put in a support ticket on our helpdesk page at http://www.vintagehost.net/help/.
Lastly, the Help files in the program you are using may have the answer to
your question so please do investigate these resources before contacting tech
support.
- SPAM and Unsolicited
Commercial Email (UCE):
Vintage Hosting Service takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that
customers of Vintage Hosting Service may not use or permit others to use our network
to transact in UCE. Customers of Vintage Hosting Service may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including
termination of service.
a. Violation of Vintage Hosting Service's
SPAM policy will result in severe penalties. Upon notification of an alleged violation
of our SPAM policy, Vintage Hosting Service will initiate an immediate investigation
(within 48 hours of notification). During the investigation, Vintage Hosting Service
may restrict customer access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy, Vintage Hosting Service
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Vintage Hosting Service reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. Vintage Hosting Service will notify law enforcement officials if the
violation is believed to be a criminal offense.
b. First violations of this policy
will result in an "Administrative Fee" of $250 and your account
will be reviewed for possible immediate termination. A second violation will
result in an "Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research
Fees" not to exceed $175 per hour that Vintage Hosting Service personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately
responsible for the actions of their clients over Vintage Hosting Service's network
(for reseller accounts), it is advisable that Customers develop a similar, or
stricter, policy for their clients.
- Network
- Bandwidth and Disk Usage:
Customer
agrees that bandwidth and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). Vintage Hosting Service will monitor Customer's bandwidth
and disk usage. Vintage Hosting Service shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in Vintage Hosting Service's sole and
absolute discretion. If Vintage Hosting Service takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds the
included allocation, Vintage Hosting Service may, at its sole discretion, collect a
deposit, in an amount determined by Vintage Hosting Service, against customer's credit
card on file with Vintage Hosting Service.
- System and Network
Security:
Users are prohibited
from violating or attempting to violate the security of Vintage Hosting Service
Network. Violations of system or network security may result in civil or
criminal liability. Vintage Hosting Service will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations. These
violations include, without limitation:
- Accessing data not intended for such User
or logging into a server or account, which such User is not authorized
to access.
- Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
- Attempting to interfere with service to any
user, host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or
"crashing".
- Forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting.
- Taking any action in order
to obtain services to which such User is not entitled.
- Notification of Violation:
a. Vintage Hosting Service is under no duty
to look at each customer's or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any responsibility through our AUP
to monitor or police Internet-related activities.
b. First violation: Any User, which
Vintage Hosting Service determines to have violated any element of this Acceptable Use
Policy, shall receive an email, warning them of the violation. The service
may be subject at Vintage Hosting Service's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
violations.
- Second Violation: Users that Vintage Hosting Service
determines to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or
termination of service without further notice.
d. We reserve the right, to drop the
section of IP space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to parties on the
Internet. In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your network.
In certain rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
- Suspension of Service or
Cancellation:
Vintage Hosting Service reserves the right to suspend network access to any customer if in
the judgment of Vintage Hosting Service network administrators the customer's server
is the source or target of the violation of any of the other terms of the AUP
or for any other reason which Vintage Hosting Service chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the
customer's machines were suspended.
16. Vintage Hosting Service reserves the right
to amend its policies at any time. All Sub-Networks, resellers and managed
servers of Vintage Hosting Service must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your best
interest to implement a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
17. Indemnification: Vintage Hosting Service wishes to
emphasize that in agreeing to Vintage Hosting Service Acceptable Use Policy (AUP) and
Terms of Service (ToS), customer indemnifies Vintage Hosting Service for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to Vintage Hosting Service or the bringing of any claim against Vintage Hosting Service by
any third-party. This means that if Vintage Hosting Service is sued because of a
customer's or a customer of a customer's activity, the customer will pay any
damages awarded against Vintage Hosting Service, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
a. A waiver by the Company of any
breach of any provision of this Agreement by Subscriber shall not operate as
or be construed as a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
b. Subscriber shall not transfer or
assign this Agreement without the prior written consent of the Company.
Company may assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
c. Vintage Hosting Service takes no
responsibility for any material input by others and not posted to Vintage Hosting Service Network by Vintage Hosting Service. Vintage Hosting Service is not responsible for the
content of any other websites linked to Vintage Hosting Service Network; links are
provided as Internet navigation tools only. Vintage Hosting Service disclaims any
responsibility for any such inappropriate use and any liability to any person
or party for any other person or party's violation of this policy.
d. Vintage Hosting Service is not responsible
for any damages your business may suffer. Vintage Hosting Service does not make
implied or written warranties for any of our services. Vintage Hosting Service denies
any warranty or merchantability for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Vintage Hosting Service.
e. It is absolutely forbidden to
host pornographic content or IRC servers on web hosting accounts. Web hosting
accounts found hosting this material will be subject to immediate
cancellation without refund.
- Responsibility for Content:
You,
as Vintage Hosting Service's customer, are solely responsible for the content stored
on and served by your Vintage Hosting Service web hosting account.
- Uptime Guarantee:
Our 98% Uptime Guarantee only applies to situations and instances that are within our control,
specifically server hardware and software. We will occasionally have
planned outages (generally of only a few minutes) for reboots due to
software upgrades/patches.
These small outages will not count against the Guaranteed uptime.
Additionally, we cannot be responsible for network issues that are out
of our control. These issues include, but are not limited to, router
failures 'in the internet', routing problems between your site and the
server and speed problems/outages caused by DDOS attacks. We are
also not responsible for outages to your web site(s) caused by
misconfiguration of any of your web pages. There are no refunds for
downtime.
a. Customer Responsibility: Your responsibility is to inform
Vintage Hosting Service of your outage within 48 hours. Vintage Hosting Service will
research the outage, and if it is found to have been Vintage Hosting Service's fault,
you will receive a refund as listed in the schedule below. If the outage is
not reported within 48 hours, Vintage Hosting Service is under no obligation for a
refund.
b. Refund Schedule: We do not provide refunds due to outages.
- Free Domain name
In order to qualify for a free domain name, clients agree to a one year contract. All domain rights belong to Vintage Hosting Services. Breaking of this one year contract will result in a loss of current monthly payment, a 30$ early termination fee, and forfeiture of rights to the domain name. Transferring of rights to the domain name, if breaking of contract occours, will be available for an additional $20. After the term of the one year contract has expired, our customer will have the option of purchasing said free domain(s) for 5$.
- Additional Reseller and Shared Terms of Service
a. Performance Usage : Any site impacting the performance of our server(s), i.e. high bandwith sites (10% +CPU Usage), must be suspended immediatly. The account in question will remain suspended until all traces of the offending website has been removed. Negotiations of a higher usage account (prorated pricing) may be taken into consideration.
b. Content : Content must be legal and/or liscensed. Anyone found with illegal content will be reported immediatly, and legal responsibility will be placed on reseller, content provider, and owner of the violating website.
c. Overage Usage : Transfer overage is charged at $1.00 / GB
- Additional Dedicated Server Terms of Service
a. Setup Fee : All setup fees are non-refundable.
b. Content : Adult content is allowed, but must be legal and/or liscensed. Any account found with illegal content will be reported immediatly, and legal responsibility will be placed on both server leasee, and content provider.
c. Setup Time : Servers are setup within 48 hours. Should server setup proceed 48 hours, customer's payment will be pro-rated, and refunded accordingly after server completion.
d. Passwords : Root or Administrator passwords are provided to users for responsible use. Should a user change this password, it is his or her responsibility to inform Vintage Hosting Services of this change. Failure to do so voids the SLA and Uptime Gaurantee. We ask that our staff is made fully aware of any changes to the SuperUser password.
e. Security/Responsibility/Handling : SSH Access is granted to root user. Root user has power to grant multiple SSH accounts; Vintage Host take no responsibility for damage done to servers by anyone other than our staff. If needed, server repair will be billed to user via preferred method of payment after estimate has been compiled.
f. Overage Usage : Transfer overage is charged at $1.00 / GB over
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