Important Legal AgreementsVisionTechHosting Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what VisionTechHosting expects of them while using the service. All users of VisionTechHosting Inc Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of VisionTechHosting constitutes acceptance and agreement to VisionTechHosting AUP as well as VisionTechHosting TOS (Terms of Service).
*All Payments To VisionTechHosting are all non Refundable you agree to this as a service provision unless service is excluded from this policy if so we will email you an updated Notice.
All provisions of this contract are subject to the TOS (Terms of Service) of UK Direct Networks. 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.
01. 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 The company VisionTechHosting & Named Company's In TOS on network sites shall have the right to terminate all service set forth in this Agreement.
02. 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. If a customer dose not pay there service fees on time unless otherwise states on a signed headed document from VisionTechHosting & named company sites as on www.VisionTechHosting.co.uk this is stated if the mail was sent or not. It is considered that customers know there billing date & rate. & we may agree to via post options for your service will be suspended 3 days after past due this applies to all services except domain names. Dedicated servers however will be disconnected if we are are not informed of a problem and you further agree to a delay in payment in writing only. That we can suspend any service where an over due payment is due. (Notice Emails are not an authorised method of authority from us)
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 for that month's service. All accounts and services provided by VisionTechHosting collect any and all Taxes are not included in cost if any. Non payment of the full amount is considered non payment we may allow more time to pay for non dedicated servers only. The company may charge VAT / Sales Tax where service provision is stated at a later date if payable. You may contact billing to see if your libel for tax. Inside all UK customers from 29th September 2004 will be libel to pay VAT on all services as per UK tax laws. Customers inside the US will be libel to pay sales tax subject to local laws in the state of Texas. From 29th September 2004 it is also noted that all customers will be charged for using non bank payments we will not charge other than our costs to meet service levels. This is already applied to new orders & Direct Domain Reg.
04. Payments and Fees
Credit cards that are declined for any reason are subject to a $50 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for non payment is subject to a $75 reconnection charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by VisionTechHosting 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, We do not warrant protection of data at anytime. please follow the proper procedure to do this as outlined in this TOS. Please note this dose not apply to dedicated servers. Dedicated Servers Payments Only for any dedicated server supplied by payments to any member of the VisionTechHosting range all servers are billed monthly on the 17th when a special is ordered or normal server the billing will always be on the 17th we note also that if you were to say order on the 15th you would also be billed on the 17th the amount that you would be billed would not be the whole monthly rate but the amount that is deducted from your first payment that you would have in credit to fall your billing on to the 17th Monthly. All dedicated servers are billed on the 17th unless otherwise stated in writing. All dedicated server payments must be made within 3 days to avoid being suspended. Please let us know if there is a problem we are here to help. Offers where a user orders a server under a offer or means that is detailed full payment is due within 5 days otherwise the monthly billing rule will be applied. You agree to this in 4 ways making a payment to any of our PayPal which from 29th September 2004 you will be charged a handling fee for using PayPal accounts. connections to the server, using or support service, actively using a server. Late Payment Charge If you are late with a dedicated server payment you also agree to the late payment charge if you do not inform us to a good reason and we reply in writing via post only to authorise late payment without charge the late payment fee is set at 15% cost of the monthly account you hold with us.
05. Refund and Disputes
All payments to VisionTechHosting are non refundable unless otherwise stated. This includes any one time setup fee and subsequent charges regardless of usage. If there is a trial running or money back offer the rules of this TOS & AUP apply. If there is abuse the trial charges or money back offer do not apply there will be no refunds on the grounds of over use/abuse for money back offer's that we may offer from time to time. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in VisionTechHosting sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay VisionTechHosting an "Administrative Fee" of not less than $10 and not more than $75. Dedicated Servers however on dedicated servers there are no refunds and the full TOS is agreed to as stated in TOS agreement. Where a charge back is attempted VisionTechHosting will terminate the users account in full with no backups please note this policy is from the 10th August 2004. Charge backs on dedicated servers will have the same policy enforced. On domains the policy will to be to suspend all access to the system to order/update this will also suspend any service you hold with us.
06. 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. This should not happen but sometimes does. If this is does happen it will be up to the company's listed on www.VisionTechHosting.co.uk policy pages.
07. Account Cancellation
Requests for cancelling accounts may be made in writing with at least 5 days notice but not more than 28 days prior written notice and sent to:
support @ VisionTechHosting.co.uk
Non payment can also trigger this without notice or warning.
VisionTechHosting preferred method of cancellation is via Email or via Website. Please can you request to have your server cancelled there via opening a ticket for Accounts. You must have all account information to cancel.
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. It is also noted that the network or any of its provider/peers are not libel for performance or libel to make copy's of the users data at any time it is down to the customer to arrange a backup service these are all chargeable.
09. Support Boundaries
VisionTechHosting policy pages all provide 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our centre.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: VisionTechHosting provides support related to your server or virtual site physical functioning. VisionTechHosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. The Network does not provide technical support for YOUR customers unless otherwise arranged with the company. It may be at an extra cost that the company will agree to support for your customers. If you can email, we encourage you to email support @ VisionTechHosting.co.uk for assistance. If you are able to get online and have other questions, the answers may be on our website we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. Basic Support TOS It is agreed that the customer understands that basic support will look at support issues that are none service affecting during hours published on our website at www.VisionTechHosting.co.uk these are current 9 - 5 Monday - Friday Only. It is also agreed customers on Basic Support will not use live chat as this would be considered Pro Active Support at all times unless invited or contacted by the company. Pro Active Support TOS It is agreed that the company shall provide up to 15 minutes per day to Pro Active Support for shared hosting clients beyond this time it is agreed that the client can be billed at the standard rate. Where a customer subscribes to Pro Active Support the use is unlimited. Abuse of Support will mean that the clients service may be limited this does not affect service affecting issues or Add on options via our sites.
10. SPAM and Unsolicited Commercial Email (UCE)
VisionTechHosting & The company 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 VisionTechHosting may not use or permit others to use our network to transact in UCE. Customers of VisionTechHosting & Any related company & that of its resellers 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 VisionTechHosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, VisionTechHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, VisionTechHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, VisionTechHosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, VisionTechHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. VisionTechHosting will notify law enforcement officials if the violation is believed to be a criminal offence.
B. First violations of this policy will result in an "Administrative Fee" of $50 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 $125 per hour that VisionTechHosting 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 the VisionTechHosting Network Policy pages it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
A. IP Address Ownership: If VisionTechHosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to VisionTechHosting, and Customer shall have no right to use that Internet Protocol address except as permitted by VisionTechHosting in its sole discretion in connection with the Services, during the term of this Agreement. VisionTechHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by VisionTechHosting, and VisionTechHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
B. 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"). VisionTechHosting will monitor Customer's bandwidth and disk usage. VisionTechHosting 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 VisionTechHosting sole and absolute discretion. If VisionTechHosting 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, VisionTechHosting may, at its sole discretion, collect a deposit, in an amount determined by VisionTechHosting , against customer's credit card on file with VisionTechHosting.
C. System and Network Security: Users are prohibited from violating or attempting to violate the security of the VisionTechHosting Network. Violations of system or network security may result in civil or criminal liability. VisionTechHosting 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
12. Notification of Violation
A. VisionTechHosting 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 VisionTechHosting 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 VisionTechHosting discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
C. Second Violation: Users that VisionTechHosting 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 account/server/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.
13. Suspension of Service or Cancellation
VisionTechHosting reserves the right to suspend network access to any customer if in the judgment of VisionTechHosting 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 VisionTechHosting 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 officers will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. From 1st August 2004 The company also reserves the right to refuse business from any party without notice giving a full refund to the client excluding used services.
14. VisionTechHosting reserves the right
15. 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. VisionTechHosting takes no responsibility for any material input by others and not posted to the VisionTechHosting Network by VisionTechHosting . VisionTechHosting is not responsible for the content of any other websites linked to the VisionTechHosting Network's links are provided as Internet navigation tools only. VisionTechHosting 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. VisionTechHosting is not responsible for any damages your business may suffer. VisionTechHosting does not make implied or written warranties for any of our services. VisionTechHosting 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 VisionTechHosting.
E. It is absolutely forbidden to host child pornographic content on our adult network or any adult content in any way at VisionTechHosting or IRC servers on our NON IRC NETWORK on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. If you would like irc related services please contact support/sales.
16. Responsibility for Content
You, as a VisionTechHosting customer are solely responsible for the content stored on and served by your VisionTechHosting server or account and those of your clients.
Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds. Also any abuse etc will result in a instant legal report to local law enforcement agency's In the United Kingdom or United States. Further more we can change our policy at anytime without warning or notice.