Terms of Use
Acceptable Use Policy Billing
Procedures Money
Back Guarantee Uptime Guarantee
Limitation of Liability
Reporting Abuse
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to
abuse@vfhost.com.
All complaints will be investigated promptly. Serious violations of
terms or conditions can be ground for immediate account deactivation
without refund.
Acceptable Use Policy
VFhost provides web hosting to many clients, and we have a
responsibility to protect each client and to provide the best services
available. The following guidelines were designed to ensure these
obligations are met.
These terms and
conditions also apply to resellers and their customers.
Content
All services provided by VFhost may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data or
material in violation of any Federal, State or Local, or any
International laws is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless VFhost from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Pornography and sex-related
merchandising is prohibited on all VFhost servers. This includes equally
sites that links to such content.
If you are unsure whether or not
your site falls into this category feel free to
contact us with a description
before signing up for an account or publish material as an existing
customer.
VFhost will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that
promote any illegal activity or present content that may be damaging to
VFhost servers or any other server on the internet. Links to such
materials are also prohibited.
Examples of unacceptable
content or links:
- Pirated software.
- Pornography and sex-related
merchandising.
- Violations of Copyrights.
- Hacker programs or archives.
- Warez sites.
- Hate propaganda.
- MP3 and other types of sites
designed for downloading of material by a mass user group. This
includes but is not limited to, Music, video, audio, Software or
Freeware or Shareware.
- Free Images and backgrounds,
and anything else that makes it an excessively high bandwidth site
with the sole purpose to distribute freely products for download.
VFhost will be the
sole arbiter as to what constitutes a violation of this provision.
Reasonable Limits
We have found most our customers to stay within "reasonable limits"
However, to maintain the integrity of our service, we must state the
following.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a VFhost server
or using an email address or domain that is maintained on a VFhost
machine as reference is STRICTLY prohibited. We also do not allow you to
advertise any website hosted on our servers in an unsolicited email,
regardless of the origin of that email (i.e. even if you do not send the
spam through our servers, or using an email address from a domain name
hosted by us.... if you advertise a website hosted by us in a spam
email, your account will be terminated. As delegated by our backbone
provider, any sites using spam or selling of spam related software or
bulk email content will be terminated.
VFhost will be the sole arbiter
as to what constitutes a violation of this provision.
Spamming WILL
get your account terminated.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend
to be a large drain on system resources and we cannot allow it as an
account option.
Background Running Programs
CRON JOBs: We may allow programs to run continually in the
background. These are considered on a case-by-case basis and an extra
charge will be incurred based on system resources used and operational
maintenance needed.
IRC: We currently do not allow IRC or IRC bots to be operated on our
servers.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of
VFhost is strictly prohibited. Offenders will be prosecuted to the
fullest extent of the law.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our
sole discretion.
Billing Procedures
Recurring Billing: We use
2checkout.com as our payment processor. When you sign up for a hosting
account, your credit card is charged immediately for your first month of
web hosting, plus any setup fees. You will then automatically be charged
your monthly hosting fee on the same date each month thereafter. So if
you order your hosting plan on January 5th, you'll be charged on January
5th, Feb 5th, March 5th, and the 5th of every month thereafter, until
such time as you cancel your hosting account with us.
Payment Methods: You must
have a credit card to order a VFhost web hosting account. We accept
all major credit cards including Visa, Master Card, Amex and Discover.
We do not accept paypal or checks.
Cancellation of Service:
If you decide you no longer need or want your web hosting account, you
may cancel at any time. To cancel an account, simply email or fax your
cancellation request to us, and include your name, address, account
username, domain name of the hosting account, and reason for your
cancellation. There will be no further charges to your credit card from
the time that you cancel your account. Charges already made to your
credit card however, cannot be refunded, unless your cancellation is
received within the first 30 days of signing up.
Non-Payment of Service: It
is up to you to keep your account up to date. If your payment is not
received on the due date, your account may be suspended. Suspended
accounts typically remain suspended for a maximum of 30 days, or until
payment is made (when an account is suspended, your website will not be
visible, you will not be able to login, and any email addresses you
created will cease to function. No information is deleted when an
account is suspended). If payment is not made within 30 days, your
account will be terminated, and all information in your account (files,
emails, etc) will be lost.
Note: Since our billing is recurring and automatic, the only reason your
account would go unpaid is if your address or credit card details
change, or if there are insufficient funds in your credit card account.
If that is the case then you will be notified by our payment processor
(on our behalf), and advised on how to correct the problem. Failure to
correct the problem in a timely manner will result in your account being
suspended.
Account Terminations:
Accounts terminated for non-payment will only be terminated after a
suspension period (i.e. you are given leniency time to correct the
issue). However, accounts that are found to be in violation of our
acceptable use policy, for spamming reasons, or other violations of our
terms of use, particularly when the violation is causing harm to our
equipment, or the accounts of our other customers, may be terminated
immediately without notice.
Chargeback Fees: In the event that your account is suspended due
to disputing the charge through your credit card company, we will incur
a chargeback fee from our payment processor, 2checkout.com. In the event
that you disputed this charge in error, this chargeback fee will have to
be "taken care of", and you will have to have your recurring billing
re-setup, prior to your account being re-instated. Either the chargeback
fee will have to be reversed by your bank, and then by our payment
processor, OR you will have to place a new order for your account with a
$35.00 surcharge to cover the chargeback fee. Great care should be taken
prior to disputing a charge, because getting the banks to reverse the
chargeback fees may take several days, resulting in your account being
down for a long period of time. Accounts suspended due to chargebacks
may be terminated immediately, unless we hear from you within a few days
of suspension.
30 Day Money Back
Guarantee/Refunds
If for whatever reason, you
become unsatisfied with our services within the first 30 days of your
account activation, we will refund your hosting fees (including
any setup costs), no questions asked. Domain name registration fees
however, cannot be refunded. To cancel an account, simply email or fax
your cancellation request to us, and include your name, address, account
username, domain name of the hosting account, and reason for your
cancellation.
If you wish to cancel your
account(s) after the 30 days has expired, we do not refund partial
monthly fees.
99% Uptime Guarantee
We guarantee that the network
where your hosting account resides will be "available to the internet"
at least 99% of the time every month, excluding scheduled maintenance.
If network uptime is not at least 99% in any given month, then you'll
receive a credit for a free month of web hosting. We cannot be held
responsible for problems resulting from services or software running in
your hosting account. Network downtime exists when you are unable to
transmit and/or receive data due to problems with our network, and this
downtime is recorded in our Technical Support ticketing system. The
downtime is measured from the time your trouble ticket is opened (by
using our Technical Support request form), until the time your account
is able to transmit/receive data.
Limitation of liability
Your use of VFhost's services are
at your sole risk. All VFhost services are provided on an "AS IS"
basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED,
CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR
A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of
implied warranties, so this exclusion may not apply to you in full.
VFhost makes no guarantee of
availability of service and reserves the right to change, withdraw,
suspend, or discontinue any functionality or feature of the VFhost
service.
IN NO EVENT WILL VFhost BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE VFhost's SERVICES OR ANY CONTENT
THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR
INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION;
DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE
CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
ANY RECORD.
The formation,
construction and interpretation of this agreement shall be governed by
the laws of Sate of New York. Any dispute relating to this agreement
shall be subject to the exclusive jurisdiction of the courts in New York
State, and the parties agree to submit to the personal and exclusive
jurisdiction and venue of these courts.
VFhost reserves the right to
change or amend these Terms of Service at any time without prior notice.
By submitting your order to VFhost, you signify your agreement to these
Terms of Service.
If you do not
agree to these Terms, then please don't submit an order!
Reporting Abuse
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to
abuse@vfhost.com.
All complaints will be investigated promptly. Serious violations of
terms or conditions can be ground for immediate account deactivation
without refund. |