PoliciesTerms Of Service
The information on this page is provided as the Current and Potential End-User (The Client's) Terms Of Service. These Terms are defined by Virtual Hosting Company (Virt-Host) and dictate the methods by which Virt-Host and The Client interact. The terms and conditions set forth herein constitute a full and complete agreement between The Client and Virt-Host. By using the Virt-Host website, servers, and/or services, The Client agrees to and are bound by the Terms of this Agreement. The terms contained herein supersede and replace any other agreement or negotiation between The Client and Virt-Host, whether oral, written, or otherwise, including any statements made to The Client by any representative of Virt-Host at any time. Any amendments, changes, additions, deletions, or other modifications of this agreement are void unless express in writing and agreed to by Virt-Host. Upon such amendments, changes, additions, deletions, or modifications of this agreement, The Client will be notified by Virt-Host and the new Terms Of Services deemed effective.
1. Fees, Payment Of Fees, Refunds
1.1.1. Virt-Host charges account setup fees and services to-be rendered fees. All such fees are subject to change with thirty (30) days notice. A list of current fees is available on the Virt-Host website (www.Virt-Host.Com). Unless otherwise specified in any offer or promotion, the fees published on the Virt-Host website are applicable to all transactions between The Client and Virt-Host. The contact between The Client and Virt-Host is effective from the earlier of (1) Account Activation or (2) Receipt of Confirmation / Payment regarding the Order.
1.1.2. Virt-Host reserves the right to offer subsequent promotional rates which may, or may not, be more favorable than the terms under which The Client entered into agreement. Any such promotional rates shall not effect the then existing rights and/or responsibilities of each party. Virt-Host reserves the right to change the rate charged for any such fee under this agreement with thirty (30) days notice. Promotional offers and/or rates may not be combined.
1.1.3. Virt-Host charges a non-refundable setup-fee as well as periodic service fees which, in some cases, may be refundable, as further set forth herein. Depending on the services ordered from Virt-Host, Virt-Host specifically reserves the right to institute additional charges upon notice to The Client. Virt-Host reserves the right to alter, change, amend, or delete charges at its sole discretion. Virt-Host further reserves the right to institute new services and charge fees in association with the provisioning of such new services as it seems appropriate.
1.1.4. Virt-Host charges services adjustment fees based on the service(s) The Client selects. These fees include, but are not limited to, bandwidth consumption and space usage exceeding that outlined in the contact, usage of services not included in the contract, and modification of services on the contract. These fees will be outlined, in full, and such outline will be sent to The Client for reference and payment.
1.1.5. Accounts marked overdue by Virt-Host are subject to additional charges, applicable as soon as the first overdue billing period. Accounts overdue will have the following terms and late fees:
- All overdue accounts are subject to potential acount suspension as of the first overdue day of a billing period.
- Payments more than one day, but less than three days, are subject to a 10% late charge and may be suspended.
- Payments more than three days are subject to automatic account suspension.
- Any account Suspended for Late Payment or Failure To Pay may be subject to a 25% re-activation charge.
- Any account over thirty days overdue is subject to termination.
Notifications of accounts that are past-due will be provided by Virt-Host to The Client via the Automated Invoice System.
1.2. Payment Of Fees
1.2.1. Payment of fees may be made in multiple formats. The most common is Electronic Processing through our Third Party Vendors such as PayPal, Google Checkout, and AlertPay. These vendors offer payment services through Credit Card (Visa, MasterCard, American Express, Discover) as well as e-Check (Electronic Check Processing). Additional methods include physical transaction payments (Money Order or Cashiers Check). Payments utilizing such services are subject to additional processing fees (postage, as outlined by the Postal Service). Payments made through our Third Party Vendors are subject to fees and penalties as outlined by those vendors.
Payments made through Money Order or Cashiers Check should be made out and shipped to the following address. Please include a printout of your submitted order notification or Invoice (including your Client ID, Invoice ID, and contact information) so that Virt-Host may properly activate your account.
Virtual Hosting Company
1328 Salem Rd, Suite #81
Covington, GA 30016
1.2.2. Payment for all products and services are due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which The Client ordered or is ordering. All payments shall be made in United States Dollars. Virt-Host accepts electronic payment processing via Third Party Vendors such as PayPal, as well as physical transaction payments (Money Orders or Cashiers Checks) via the postal mail. Please review Section 1.2.1. for more details.
1.2.3. Payments made by Credit Card. Prior to account activation, The Client must submit electronic payment through our Third Party Vendors. Such submission should include the amount of fees due for the agreed upon services, together with any applicable setup fees, services adjustment fees, or any other charges outlined herein as may be applicable. Accounts utilizing Credit Card or e-Check Payments will be subject to Verbal Confirmation of the intent prior to account activation.
1.2.4. Payment by Physical Means. Prior to account activation, The Client must submit physical payment to Virt-Host as outlined above in Section 1.2.1. Such submission is subject to processing with up to a ten (10) day waiting period. Accounts utilizing this method, at the discretion of the Virt-Host Billing Department, may have their account(s) activated prior to such processing.
1.2.5. Refusal or Rejection of any charge or portion thereof, electronic or physical, is grounds for immediate account suspension and/or termination. Such action may include the removal of The Client's data, and is at the discretion of Virt-Host as outlined in Section 8. of this document. Additionally, information related to the account, including personally identifiable information used during signup, may be released to our Third Party Payment Processing vendors to provide evidence of the acceptance of our Terms of Service. Any documented Chargeback is subject to additional fees.
1.3. Refunds of service fees will be made only for pre-payment sales of service beyond the renewal date following the effective notice and termination of this agreement, as outlined under Section 8.1. All refunds shall be prorated based on the number of days which services remains unused as of the renewal date. Virt-Host may grant refunds under other circumstances as it deems appropriate without waiving any other rights hereunder. There will be no refunds of setup fees, service adjustment fees, software licensing, or domain registration fees.
2. Web Hosting Services
2.1. For the term of the agreement set forth herein, Virt-Host agrees to provide the outlined Virt-Host services, to the extent that have been subscribed, to The Client, upon activation of the account. Virt-Host reserves the right to change, amend, and/or otherwise alter the Virt-Host services with equivalent or otherwise equal services without prior notice to The Client.
2.2. Account activation and provisioning of the Virt-Host services will commence as soon as possible after receipt of The Client's order and payment. Payments made through physical transactions, such as those made through the Postal Services, are subject to a ten (10) day waiting period in which payment clearance will be determined.
2.3. Subscribers to Virt-Host services must be at least eighteen (18) years of age or provide written approval of a minors' legal guardian. Any Client under the age of eighteen must have a parent or guardian as a Point Of Contact on the account for billing contact purposes. The services Virt-Host provides are not targeted at, or eligible for, individuals under the age of thirteen (13).
3. Applicable Use Policy
3.1. Virt-Host strictly enforces compliance with its Acceptable Use Policy. This policy is references as both the Virtual Hosting Company Acceptable Use Policy, as well as Section 3. of the Terms Of Service. The Client agrees to maintain all services rendered in full compliance with the terms set forth below. Failure to comply is cause for immediate suspension and/or termination of the account under Section 13 of the Terms Of Service. The Client agrees to:
- Not violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or Local Government.
- Not engage in activity of any kind that causes harm to minors, or to perform in activity which is likely to cause such harm.
- Not take any action which encourages or consists of any threat or harm of any kind to any person or property.
- Not transmit any unsolicited commercial or bulk e-mail, or engage in any action known or considered to be "spamming", "e-mail bombing", "denial of service" (DoS), or "distributed denial of service" (DDoS) attacks on any website, person, or internet service provider.
- Not make any inappropriate, illegal, or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum.
- Not make, or attempt to make, any unauthorized access to any Virt-Host product or service, including that of other Clients.
- Not make, or attempt to make, any unauthorized access to any non-Virt-Host managed system.
- Not infringe on any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted materials, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted works.
- Not collect, or attempt to collect, personally identifiable information on any person or entity without their expressed written consent. Such written consent should be maintained on record throughout the terms of this agreement and for a minimum of three years thereafter.
- Not undertake any action which is harmful, or potentially harmful, to the Virt-Host servers or network infrastructure.
- Not operate any commercial or personal website with erotic content unless such is outlined in the account contract.
- Not operate any connections to any Internet Relay Chat (IRC) location unless outlined in the account contact.
- Not operate any server, Internet Relay Chat Daemon, Radio, etc., unless outlined specifically in the account selected by The Client prior to account activation.
- Not bind any portion of their site to certain ports such as:
- Any port below 1024
- Ports 6660-6669 (Unless specified on IRCd account)
- Ports 7000-7050 (Unless specified on IRCd account)
- Ports 8000 and 8080 (Unless specified on account)
- Not operate any port scanners, sniffers, or any other utility designed to gather information deemed inappropriate. Operation of such application will result in immediate termination of the account.
3.2. The Client agrees to design their websites in such a manner as to avoid overloading the Virt-Host servers by limiting the use of certain cgi-scripts that require overly high processor capacity and using good judgment to provide a website that is designed in a technically competent manner. Virt-Host reserves the right, should a website be the cause of interruptions in Virt-Host ability to provide services to other customers, to temporarily disable access to any such website. In such cases, Virt-Host will notify the Client as soon as practical in an attempt to resolve the issue leading to the suspension.
3.3. The Client agrees not to operate any chat rooms, chat servers, or other similar services, on the Virt-Host servers unless permission for such operation was specifically included in the service package ordered and paid for by The Client. Clients needing to inquire about such accounts may contact our Sales Department.
4. Blocking of Bulk E-mail, Spam Tagging, and Virus Protection
4.1. Virt-Host reserves the right to block e-mail from any open mail relay, IP Address, or other source that Virt-Host believes are being used to send unsolicited commercial or bulk e-mail, commonly known as spam.
4.2. Virt-Host uses applications designed to scan incoming, as well as outgoing, e-mail. These applications are designed to add mail headers for tagging, modify the mail subject, and completely block certain e-mails, based on the content. E-mail identified as "Spam" is tagged with certain headers and occasionally a modified subject (depending on the rating). E-mail identified as a Virus will be automatically removed from the server.
5. Ownership of Intellectual Property, Confidentiality
5.1. It is understood and agreed that during the term of this agreement, and thereafter, a Client may come into possession of information which is confidential and proprietary information of Virt-Host. Such information includes, but is not limited to, Virt-Host customer services and maintenance tools. The Client acknowledges that all right and title to any such Virt-Host intellectual property shall remain the sole property of Virt-Host, and that The Client has no right, title, or interest therein. The Client further agrees not to provide access to the Virt-Host services to any third party, unless outlined in the account contract. Any and all right or title to any engineering, coding, programming, customer service work around, and/or other modification of the Virt-Host services shall also remain the sole property of Virt-Host.
5.2. During the term of this agreement, The Client may have access to certain information and materials relating to Virt-Host, Clients, and Marketing, which Virt-Host treats at Confidential (hereinafter "Confidential-Information"). The Client agrees to, at all times during the terms of this agreement and otherwise set herein: (1) Hold in confidence and not disclose or reveal to any person or entity the Confidential-Information without having prior expressed written consent of Virt-Host; and (2) Not use or disclose any of the Confidential-Information for any purpose at any time, other than pursuant to The Clients rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential-Information is a trade secret under applicable law and shall continue three (3) years following termination of this Agreement with respect to Confidential-Information which does not rise to the level of a trade secret.
5.3. For the purpose of this, Article 5, Confidential-Information also includes passwords, login names, access codes, contact information, and server-specific information for Virt-Host and its staff.
6. Domain Name Registration
6.1. Virt-Host is an authorized Domain Reseller through Enom and NameCheap, two official Domain Registrars. Additionally, we offer registration services that Enom and NameCheap may not support. Any domains purchased by Virt-Host for The Client are registered in The Clients' name. Domains purchased for Virt-Host use, are purchased by Virt-Host. Domains purchased by The Client and hosted at Virt-Host are not subject to the below declarations.
6.1.1. Domains purchased for The Client via our "Unlisted Registration" remain the intellectual property of The Client though registered to Virt-Host. Transfer of such domain to The Client upon Client request is available at no additional charge from Virt-Host. Charges from external Domain Name Registrars may apply.
6.1.2. Any domain purchased by Virt-Host for Virt-Host use in which a Client utilizes the domain will remain the intellectual property of Virt-Host. Transfer of any such domain to a Client is subject to Virt-Host administration discretion and may incur additional charges.
6.1.3. Any domain purchased through Virt-Host by The Client using the Domain Rellers above may be managed through our Billing System. The Client may update records, transfer ownership, and modify naneservers. We recommend that the default settings be left in place for any client with a website hosting package with Virt-Host.
7.1. The initial term of the Standard Agreement shall be one (1) month unless otherwise outlined during account creation. Automatic Invoicing will notify customer prior to payment due date, as well as for any past-due dates. Unless otherwise outlined, the Term shall be one (1) month. Optional services through our Third Party Vendors, PayPal, may provide a subscription based payment method. Customers interested in such services should contact our Sales Department. Payments made through Physical Transactions require payment to be available to Virt-Host on or by the effective renewal date. Late payments are subject to Late Payment Fees as outlined in Article 1.1.5. Virt-Host reserves the right to accept pre-payment. The Contract-Term, however, shall remain at one (1) month unless otherwise outlined in the contract.
8.1. For any reason set forth herein or in the event that a Client shall breach any term of this Agreement, including, but not limited to Article 1.2 (Payment of Fees) and Article 3 (Acceptable Use), Virt-Host may suspend and/or terminate the account and deactivate any access The Client, or users accessing The Clients website or service, to any information contained on the Virt-Host servers related to the account. Suspension hereunder shall specifically include disabling of the Client hosted domain(s), account logins, and/or any other access to information or data related to the Client Account. Service charges will continue to accrue on suspended accounts and the Client will remain responsible for the payment of such charges during the period of suspension. Virt-Host reserves the right to terminate any Client account forthwith and without notice for any breach of Article 3 of this Agreement.
8.3. Either party may terminate this Agreement immediate and without further notice for cause. Cause for immediate termination under Section 7 exists (a) if payment for Virt-Host services is more than fifteen (15) days overdue, (b) in case of any material breach of any of the provisions of this Agreement that is not cured within ten (10) days of the breaching party receiving notice thereof from the non-breaching party, or (c) any breach of provisions of Article 3 of this Agreement.
8.4. In the event of any termination under this, Article 8, any service fees paid in advanced beyond the beginning of the next term will be refunded to The Client. This refund shall not include any setup fees, service adjustment fees, or late fees, all of which are non-refundable.
9.1. Any notice under this Agreement shall be given by Virt-Host to The Client via e-mail at the address provided to Virt-Host at the time of commencement with this Agreement, or as Virt-Host is subsequently advised. Notice to The Client at this address is deemed sufficient regardless of the receipt of such e-mail.
9.2. The Client warrants that the contact information provided to Virt-Host is, and will remain, accurate. The Client agrees to inform Virt-Host within fifteen (15) days of any change of the following information:
- Company Name
- Postal Mailing Address
- Electronic Mailing Address
- Payment System Processing
- Other Electronic References
- Account Types & Services
10. Warrantees, Limitations of Liability
10.1. Virt-Host makes every reasonable effort to maintain operation of the Virt-Host servers and services. However, because many events and circumstances are beyond that of the of Virt-Host, Virt-Host does not in any way warrant or otherwise guarantee the availability of the Virt-Host systems or services and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to active or passive negligence of Virt-Host. Virt-Host may, at it's sole discretion, limit or deny access to its servers if, in judgment of Virt-Host, such limitations or denials of access are required to assure the security of the servers, network, integrity of the network structure, or to prevent damage to the network, software, or data stored on Virt-Host servers.
10.2. All Virt-Host Services are provided on an "As-Is" basis and without any warranty of any kind, whether expressed or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
10.3. Information obtained by a Client from the Internet may be inaccurate, offensive, or in some cases, even illegal. With the exception of the content found on the Virt-Host Business Website, Virt-Host has no control over information contained on the Internet. Virt-Host, therefore, accepts no responsibility for any information which a Client may receive from the Internet. Clients accept full responsibility to verify the truth and accuracy, legality and ownership of the information it obtains from the Internet, as well as the reputation of the individuals with whom it may deal. Virt-Host provides no warrantee for any goods or services which a Client obtains over the Internet, nor the compatibility of such services with the Virt-Host Servers.
10.4. Clients specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental, or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringed is later found to be infringing.
10.5. The total, sole, and exclusive remedy available to a Client as the result of any breach of this Agreement, negligence, or any action or failure to act whether intentional or otherwise, shall be limited to the total amount of service fees paid by a Client to Virt-Host in the six months immediately proceeding any allegation of entitlement to such remedy, but in no event to exceed $100.00. In no even shall Virt-Host be liable for any indirect, special, exemplary, punitive, incidental, or consequential damages, loss of profits or loss of business as a result of any such action or inaction without regard to the likelihood of such damages.
11. Data Transfer Volume
11.1. Unless otherwise agreed to in writing, a data-transfer volume of two-thousand (2000) Megabytes per month is included in the Virt-Host Services. The utilized data-transfer volume is calculated on the basis of all data-transfers that take place during any given calendar month (including, but not limited to, ftp, e-mail sending, e-mail receiving, website visits, user visitations). For the purpose of this Agreement, one (1) Gigabyte equals 1000 Megabytes, 1 Megabyte equals 1000 Kilobytes, and 1 Kilobyte equal 1000 Bytes.
12.1. Clients agree to fully defend, indemnify, and hold harmless Virt-Host of and from any and all third party claims, causes of action, demands, costs, damages (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as a result of any breach or claim of breach in this Agreement or Client negligence whether active or passive or any negligence of Virt-Host in any way related to The Clients cause of Virt-Host services or any portion thereof. Choice of counsel remains exclusively that of Virt-Host.
12.2. Clients agree to fully defend, indemnify, and hold harmless Virt-Host of and from any and all third party claims, causes of action, demands, costs, damages (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to a Clients use of Virt-Host services or any portion thereof. Choice of counsel remains exclusively that of Virt-Host.
12.3. Clients agree, upon the assignment of a Customer ID, Login, and/or Password, to maintain the confidentiality of the account information and assume all responsibility of and from any loss, theft, or other destruction of any data as the result of any access to the account via the use of The Client Customer ID, Login, and/or Password. The Clients further agree to defend, indemnify, and hold harmless Virt-Host of and from any and all third party claims, causes of action, costs, demands (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the discloser of the Clients confidential Customer ID, Login, and/or Password information. Choice of counsel remains exclusively that of Virt-Host.
13. General Provisions
13.1. Force Majeure / Withdrawal From Business
13.1.1. Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
13.1.2. In addition to any event of force majeure, as described in the foregoing paragraph, Virt-Host may also terminate this Agreement in the event that Virt-Host elects, at its sole discretion, to cease doing business in the United States for economic reasons or for any reason whatsoever. Customers who, at the time Virt-Host ceases doing business in the United States, are taking advantage of any Virt-Host offer for free services or other services that were intended to go beyond the date of cessation (hereinafter the "Extended-Services"), may not recover any damages from Virt-Host in the event that they incur costs and expenses related to the cessation of the Extended-Services, nor do such customers have, nor may they bring, any claim for repayment of such costs and expenses, including without limitation, fees paid to other hosting services for the balance of time remaining with respect to any Virt-Host offer of Extended-Services. Customers receiving Extended-Services at the time of cessation of business shall be entitled to a reimbursement of their pre-paid service fees, if any.
13.2. Assignment. This Agreement and the rights hereunder is not assignable or transferable except that Virt-Host may freely assign all of its rights hereunder to any person or entity who shall become a principle owner or shareholder, or to any affiliated company or successor in the interest of Virt-Host. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. Upon any such assignment by Virt-Host to any other party, including to any affiliated company or successor in the interest of Virt-Host, Clients have the right to terminate this Agreement by giving notice thereof in writing to Virt-Host. Any such termination shall become effective thirty (30) days after the receipt of such notice by Virt-Host.
13.3. Severability. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
13.4. Choice Of Law. This Agreement shall be interpreted under the laws of the State of Georgia, without regard to conflict of law provisions.
13.5. Dispute Resolution
13.5.1. Any claim, dispute, or controversy with respect to, in connection with, or arising out of this Agreement, shall be subject to and decided by arbitration in the City of Covington of the State of Georgia by a panel of three (3) arbitrators. Each party shall designate one disinterested arbitrator and the two arbitrators so designated shall select a third arbitrator. The persons selected as arbitrators need not be professional arbitrators and persons such as lawyers, accountants, brokers, and bankers shall be acceptable, but each shall have substantial experience with respect to information technology and development. The arbitration proceedings shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Associate then and there pertaining. Any party may initiate arbitration proceedings hereunder by providing written notice (Demand For Arbitration) to the party so such claim, dispute, or controversy. A Demand for Arbitration shall be made within a reasonable time after the claim, dispute, or controversy has arisen: provided, however, that no Demand for Arbitration may be made after the date which institution of such claim, dispute, or controversy, would be barred by the applicable statutes of limitations. Arbitration proceedings shall be commenced within thirty (30) days of such notice or as soon thereafter as practical, and the arbitrators shall be required to render a written determination within thirty (30) days after the commencement of such arbitration proceedings. The written award of a majority of the arbitrators shall be final and binding upon the parties and judgment may be entered upon in accordance with applicable law in any court having jurisdiction thereof, including the federal district courts located in Covington, Georgia. All costs of any such arbitration shall be home equally by the parties.
13.5.2. This section shall not be constructed to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction; however, the arbitrator hearing the dispute to which the injunction pertains will have the power to modify or dissolve any such injunction, or to order additional injunctive relief, in connection with the final arbitration award. The parties, there representatives, other participants, and the mediator and arbitrator shall hold the existence, content, and result of any mediation and arbitration in confidence except to the extent necessary to enforce a final settlement agreement or to obtain and secure enforcement of or a judgment on the arbitration decision and award.
13.6. No Agency. Nothing contained herein shall be interpreted as creating an agency, partnership, or join venture between Virt-Host and The Client.
13.7. Amendment. Virt-Host may, without advanced notice, amend this Agreement from time to time, and will do so by posting the new Agreement on the Virt-Host Business Website in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is the Clients responsibility to periodically check the Virt-Host website for updates to this Agreement.
13.8. Virtual Hosting Company reserves the right to deny providing access and/or services to any user, group, or entity at it's sole discretion.
Questions concerning the Virt-Host Terms Of Service may be directed to our Pre-Sales Department.
Last Update: January 21, 2013