| Acceptable Use Policy (AUP) |
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By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE VIRTUAL SERVER NODE CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED. 1. Term of Service Virtual Server Node an Aegea Tech Company (hereafter referred to as "Virtual Server Node"), will host a service for you, the purchaser (hereafter referred to as the "Account Holder"), for the Account Holder's chosen service, for the period of time (the "Term") corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated prior. Termination of services by the Account Holder must be given in written form, at least 30 days prior to the termination date. Phone notification is not acceptable. For any one of our plans, the full amount paid less any set up fees and overages will be refunded if Virtual Server Node is notified of your intent to terminate within the first 30 days following activation. No refund is available after the 30th day.
Virtual Server Node's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Virtual Server Node expressly disclaims any representation or warranty that the Virtual Server Node services will be error-free, secure or uninterrupted. No oral advice or written information given by Virtual Server Node, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
Your node and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Virtual Server Node, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Virtual Server Node based upon the severity of the violation. Virtual Server Node reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Virtual Server Node's then current "Acceptable Use Policy", in the sole and absolute opinion of Virtual Server Node. If Virtual Server Node terminates the services being provided to the Account Holder, such termination shall be without refund. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Virtual Server Node from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Virtual Server Node, (collectively, "Claims") related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement. The following activities are expressly prohibited, and may result in account suspension or termination:
Virtual Server Node reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by Virtual Server Node.
The Account Holder is responsible for security of its passwords. Virtual Server Node will not change passwords to any account without proof of identification, which is satisfactory to Virtual Server Node, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Virtual Server Node will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Virtual Server Node be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Virtual Server Node from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
The Account Holder agrees not to harm Virtual Server Node, its reputation, computer systems, programming and/or other persons using Virtual Server Node's services. Virtual Server Node reserves the right to select the physical server for Account Holder's node for best performance.
The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Virtual Server Node.
Virtual Server Node is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of United States laws relating to Spam, from being sent either: Over the Virtual Server Node network, by customers or any other users of the Virtual Server Node network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Virtual Server Node server. We also prohibit the selling products that can be used for spamming. Virtual Server Node may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse[at]virtualservernode.com.
Virtual Server Node accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Virtual Server Node does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems or nodes. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the Account Holder to ensure they have Virus Software and that it is updated regularly.
Virtual Server Node imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Virtual Server Node customers are discouraged from storing any files that cause excessive traffic on Virtual Server Node servers. Please contact Virtual Server Node Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.
Full backups are created nightly by using our unique backup system that copies only the changed parts of the files to create a full backup of the then current data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Account Holders' responsibility to maintain local copies of their node content and any information on their account including but not limited to the file system, website, email, databases, mailing lists, and archives. If loss of data occurs due to an error of Virtual Server Node, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Virtual Server Node will attempt to recover the data from archive for a $100.00 fee.(WE MAKE NO GUARANTEES THAT WE CAN RECOVER YOUR DATA, ONCE AGAIN MAKE SURE YOU MAKE GOOD BACKUPS!)
If Virtual Server Node assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Virtual Server Node services, the right to use that Internet Protocol address will remain with and belong only to Virtual Server Node, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Virtual Server Node in its sole and absolute discretion.
If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Virtual Server Node has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Virtual Server Node "Acceptable Use Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Virtual Server Node, Virtual Server Node may terminate the services being provided to the Account Holder, without refund.
Client agrees to use the Support Center located at http://www.virtualservernode.com for technical support issues. Virtual Server Node does, however, offer telephone support to clients. Client agrees not to abuse this resource. Virtual Server Node shall have sole authority to determine violations of this policy and charge accordingly.
Virtual Server Node will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, or human error. In no event shall Virtual Server Node be liable to the Account Holder for any damages resulting from or related to any failure or delay of Virtual Server Node in providing access to the Internet under this Agreement. In no event shall Virtual Server Node be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Virtual Server Node under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Virtual Server Node account may not be transferred without prior written approval from Virtual Server Node. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Virtual Server Node services, including any damages resulting therefrom, until the Account Holder notifies Virtual Server Node's customer service.
This Agreement constitutes the entire agreement between the Account Holder and Virtual Server Node with respect to the Virtual Server Node services and supersedes all prior agreements between the Account Holder and Virtual Server Node. Virtual Server Node's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in San Diego, CA. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Virtual Server Node services and facilities at your own risk. Virtual Server Node specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Virtual Server Node be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Virtual Server Node harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Virtual Server Node, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Virtual Server Node against liabilities arising out of; 1. any injury to person or property caused by any products sold
or otherwise distributed in connection with Virtual Server Node’s server;
Virtual Server Node may include the Account Holder's name and contact information in directories of Virtual Server Node service subscribers for the purpose promoting the use of the services by additional potential clients. However, Virtual Server Node is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
This Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
By signing up for hosting with Virtual Server Node, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). Payment is due each anniversary (one month, three months, six months, or one year) following the date the account was established. Your credit card/e-check will be automatically charged on your anniversary (if you are paying by credit card/e-check) unless a cancellation request is submitted by using the cancellation form. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Additional features can be added at any time. Monthly feature prices are not prorated. Virtual Server Node reserves the right to change prices or plans at any time. NOTE: Virtual Server Node charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our website.
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you will find all the legal mumbo jumbo to keep Virtual Server Node a safe place.