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Vitronix.net reserves the right to change
this Policy any time, so please, check this page at least once a
month or when in doubt.
Vitronix.net strives to provide the best possible service to all
our customers, but we will not tolerate any unlawful activity or
abuse on our servers. We respect freedom of speech and
expression unless it is harmful to others. These brief
guidelines are imposed to protect you, other Web Site Source
customers and us against such harm.
On this page:
Payment Policies, Fees, and Refunds:
Full payment is required before any hosting service is rendered,
which includes renewals. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent by postal
mail or fax. Prepayment is due each anniversary (one month,
three month, six month, one year) following the date
the account was established. Billing will continue until you
cancel your hosting account. You may cancel at anytime. As a
policy, we do not offer credits or refunds for hosting time
already expended. Domain registration fees and setup fees are
nonrefundable.
We
do give refunds for full months unused, should you want to
cancel prepaid service. If you decide to cancel after
prepayment, you will not receive a refund for the current month
in use (We do not give partial months refunds). If you have
prepaid and received a multi-month discount, upon cancellation
we will figure the refund retroactively withdrawing the discount
back to the start date of the contract. This will result in
paying full undiscounted price for the months used and refunding
the balance. This only applies to cancellation by the client. If
cancellation is done by Vitronix.net due to restrictions
violation, there will be no refund. Web Site Source will only
allow for the discount if cancellation is not the fault of the
client, as determined by Vitronix.net.
Resellers' refund will be debited $25 per month for virtual name
servers installed on the account, should you opt to cancel
before your billing cycle renews. Domain registration/setup fees
are nonrefundable. The customer is responsible for all money
owed on the account from the time it was established to the time
that the customer notifies Vitronix.net by fax, email, or mail
for cancellation of services. All monetary transactions are in
$US dollars. Additional features can be added at any time.
Monthly feature prices are not prorated. Vitronix.net reserves
the right to change prices at any time.
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Terms:
The validity, terms, performance and enforcement of this
Agreement shall be governed and construed by its provisions and
in accordance with the laws of the State of Ohio (without regard
to conflicts of laws principles).
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Indemnification Policy:
You agree to use all Vitronix.net services and facilities at
your own risk. Web Site Source specifically disclaims all
warranties of merchantability and fitness for a particular
purpose. In no event shall Vitronix.net be liable for any loss,
or loss of data, or other commercial damage, including but not
limited to special, incidental, consequential or other damages.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD
VITRONIX.NET HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION
TAKEN BY VITRONIX.NET. CUSTOMER AGREES THAT IT SHALL DEFEND,
INDEMNIFY, SAVE AND HOLD VITRONIX.NET HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST VITRONIX.NET, 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, ITS AGENTS, EMPLOYEES
OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS VITRONIX.NET AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with Vitronix.net servers;
(2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Vitronix.net
servers.
Vitronix.net shall
be the sole judge of what violates this Policy.
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Account Cancellation:
To cancel your account, please follow these
instructions. You may cancel at
anytime. As a policy, we do not offer credits or refunds for
hosting time already expended. Domain registration fees and
setup fees are nonrefundable.
NOTE: Vitronix.net charges a $25.00 fee for returned checks
as well as charge backs. For international customers, if you are
sending a check/money order the amount must be drawn in US
dollars. You may cancel at anytime. Phone requests will not
constitute acceptance of any cancellation. Notification of
cancellation must be received at least five business days prior
to your cycle date, with the cycle date being the day of the
month you sign up, in order to avoid charges in full for the
next cycle. It is the Clients Responsibility to secure email
confirmation from Vitronix.net that account has been
cancelled. If the client has not yet received email confirmation
of account cancellation, then the account remains active, and
you will continue to be invoiced.
If
Client has a balance due at the time of cancellation, this
balance must be paid in full. Cancellation does not absolve
Client of any outstanding financial obligations. All
Vitronix.net accounts must be paid in full before the
cancellation will be considered complete.
Transferring your domain to another provider or nonuse of your
hosting account does not constitute canceling your account. You
must notify Vitronix.net to formally
cancel your account and avoid
further charges.
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Account
Changes:
Most account
maintenance issues can be handled in your
Control Panel. Simply access
your control panel. If you
need to cancel your account, please see our
instructions for canceling an
account. There is a one-time fee of $20 for replacing an
existing account domain name with another domain name, whether
from spelling error(s) or other purposes.
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Account
Ownership:
Vitronix.net is only responsible to the present owner of the
Web hosting space. We verify ownership by credit card number (if
paid for by credit card), name, address, email address,
username, & password. If you give this information to any other
party or give access to your email address on your account to
another party, you risk having your Web site and any other
information on your account changed and/or deleted. We are not
responsible for any information on your account should you
reveal this information to another party who causes damage to
your account and/or Web site.
If you are a
Web designer and you are not the person paying for the hosting
account we advise you to receive payment for your work before
you publish it to our servers. Once the Web site is published to
our servers the account owner has retained ownership of that
content.
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Email Policy:
Vitronix.net 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 consider
mass email any email message sent to more than 25 email
addresses or more than 10 news groups.
Client is responsible for keeping email storage on hosting
account below 10 MB. This is normal for most accounts since
email is typically downloaded from the server on a regular basis
using an email client such as Outlook, Outlook Express or
Eudora.
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SPAM Policy:
Vitronix.net is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam,
or any unsolicited commercial email, from being sent either:
Over the Vitronix.net network, by customers or any other
users of the Vitronix.net network (including customers'
customers); AND/OR over ANY network— if the message sent
advertises or mentions a site hosted on the Vitronix.net
servers.
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. Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of usenet groups, posting obscene or
threatening messages while using or referring to an Vitronix.net email address or web site URL is prohibited. The use of
Vitronix.net servers as a mail drop for responses to
activities described above is also prohibited. Accounts canceled
due to spam will be billed a "clean up" fee of $500.
If
you have any complaints or comments regarding Spam on our
network, please direct them at to our staff
here.
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Content Policy:
All services provided by Vitronix.net may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United States
Federal, State or City law, or in violation of the laws of any
country, is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material
we judge to be threatening or obscene, material that advocates
or calls for the commission of crimes or civil harms to any
person, group of people, corporation, country, or any entity, or
material protected by trade secret and other statute without
proper authorization. The subscriber agrees to indemnify and
hold harmless Vitronix.net 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 Vitronix.net servers.
This includes sites that may infer sexual content, or
links to adult content elsewhere. Vitronix.net 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 Vitronix.net servers
or any other server on the Internet. Links to such materials are
also prohibited.
Examples of
unacceptable content or links:
- Pirated
software
- Hacker programs
or archives
- Warez sites
Vitronix.net does not host sites of its competitors or web pages
promoting sites of its competitors.
Any illegal activity, including adult content, links to adult
content web sites, spamming or hacking will result in your site
being shut down and all your files deleted without warning.
Vitronix.net will be the sole arbiter as to what constitutes a
violation of this provision.
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CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use CGI
scripts you wish, however we reserve the right to disable any
CGI script that effects normal server operation or service to
other Vitronix.net customers. You will be notified in 24 hours
about.
Offending CGI scripts:
- UltimateBBS (all versions)
- Ikonboard (all versions)
- IRC Egg Drops
- Proxy Servers
- The Anonymizer
- any soap mailers
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Chat Policy:
You can have you own or you can however link
your site to a chat provider. Some examples of chat providers
are: www.humanclick.com, www.liveperson.com, and
www.livehumanhelp.com.
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Subhosting Policy:
Subhosting (hosting more than one web site with a single
Vitronix.net user account) is generally not allowed on
Vitronix.net servers. It is subject to Vitronix.net approval on
case by case basis. We do, however, allow sub-domain accounts.
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Traffic Policy:
Vitronix.net allows for very generous traffic, and most sites
never exceed 4 G per month, unless they offer shareware, sound,
video, image and multimedia archives, are mirror sites or any
site whose primary purpose is file distribution. Vitronix.net
customers are discouraged from storing any files that cause
excessive traffic on Vitronix.net servers. Please contact
Vitronix.net 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 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.
Any deliberate attempt to cause damage to Vitronix.net or any
other Internet servers will result in immediate account
deactivation without prior notice. No refund is given in this
case.
We
reserve the right to charge additional fees for extremely high
bandwidth sites (over 8 GB of transfer per month). This only
includes .1% of our currently hosted web sites. We will not host
web sites which contain adult material.
You will be charged for transfer that you use beyond our
generous data transfer limits without prior notification. You
can monitor your transfer at anytime in your Control Panel.
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Backups:
Full backups are made weekly, and backups of new/changed data
made nightly. 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
clients' responsibility to maintain local copies of their web
content any information. The "Backup Storage" is included in
each hosting plan and client can use this tool to back up their
files. If loss of data occurs due to an error of Vitronix.net, we will attempt to recover the date for 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,
Vitronix.net will attempt to recover the data from the most recent
archive for a $50.00 fee.
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Telephone Support:
Client agrees to use the Help Desk e-mail at
support@vitronix.net for
technical support issues. Vitronix.net does, however, offer
telephone support to clients. Client agrees not to abuse this
resource. Abuse includes placing multiple repeat calls without
leaving a message or leaving multiple messages in the same
24-hour period. Clients who abuse telephone support privileges
may, at Provider's sole discretion, have telephone support
privileges revoked and/or incur a charge of $5.00 per call. Web
Site Source shall have sole authority to determine violations of
this policy.
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Resellers:
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You provide
billing to your customers. We do not bill your customers. We
bill you for the domain and space, then you turn around and
bill them for your cost from us and your services in addition
to that
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We can only
allow you to be a reseller if you are paying by credit card
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Actual or
attempted violations of policy by a customer's end user shall
be considered violations of the policy by the customer
regardless of intention and will be acted upon accordingly
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Your
customers are given a limited amount of transfer and if we
feel that one of your customers are using up more transfer
than allocated or are taking up too much of the CPU usage then
we will need to pass some of the extra cost on to you and you
will need to pass it on to your customer. You will need to put
that in your terms and conditions for the hosting
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You agree
that neither you nor your customers can hold us responsible
for services that you offer
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Your
customers have to abide by the same terms and conditions as
you do, or we have the right to cancel any of your reseller
accounts
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If you abuse
our services, we reserve the right to cancel your account,
which will also cancel your customers accounts
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Uptime
Guarantee:
If our servers are not up 99% of the time during your first 30
days of hosting we will gladly refund your hosting fees and
cancel your account. Just go to our
cancellation page and follow
our cancellation instructions. Be sure and mention that you
would like a refund based on our 99% Uptime Guarantee.
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Contact Us:
Contact us at our Help Desk
here or e-mail us at
support@vitronix.net if your
question was not answered in this Policy.
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