TERMS OF SERVICE AND PRIVACY STATEMENT
This Web Site Hosting Agreement
('Agreement') is by and between Virtualwebstudio, and you, your heirs,
assigns, agents and contractors ('You') and is effective upon electronic
execution. This Agreement sets forth the terms and conditions of Your use
of Virtualwebstudio Web Site Hosting ('Web Hosting') services and represents
the entire agreement between You and Virtualwebstudio. By using
Web Hosting services, You acknowledge that You have read, understand and
agree to be bound by all the terms and conditions of this Agreement, along
with any new, different or additional terms, conditions or policies which
Virtualwebstudio may establish from time to time. By entering into this
agreement, in addition to transactions entered into by you on your behalf,
you also agree to be bound by the terms of this agreement for transactions
entered into on your behalf by anyone acting as your Agent. You also agree
to be bound by the terms of this agreement for transactions entered into
by anyone who uses the account you've established with Virtualwebstudio,
whether or not the transactions were in your behalf.
As consideration for the services
purchased by You and provided to You by Virtualwebstudio, You agree to pay
Virtualwebstudio monthly or yearly fees. Payment is to be made by You
providing a valid credit card for charge by Virtualwebstudio, and is
NON-refundable after 30 days money-back guarantee period. All setup and
domain name registration fees are NON-refundable. If for any reason
Virtualwebstudio is unable to charge your credit card with the full amount of
the service provided, or if Virtualwebstudio is charged back for any fee it
previously charged to the credit card You provided, You agree that
Virtualwebstudio may pursue all available remedies in order to obtain payment
The term of this agreement shall continue in full force and effect as long as Virtualwebstudio is providing Web Hosting services to You.
You agree that Virtualwebstudio may modify
this Agreement from time to time. Virtualwebstudio may also discontinue
services it provides under this Agreement. You agree to be bound by any
changes Virtualwebstudio may reasonably make to this Agreement when such
changes become effective.
Virtualwebstudio currently provides Web
Hosting services to its customers for a monthly or yearly fee.
Virtualwebstudio will host Your web site on Virtualwebstudio's Web Hosting
servers, provided, however, You abide by the terms and conditions set
forth herein and in each of Virtualwebstudio's policies and procedures.
You agree that You have provided accurate,
current and complete information in the application process and that You
will notify Virtualwebstudio within five (5) business days when any of the
information You provided as part of the application and/or registration
process changes. Failure by You, for whatever reason, to respond within
five (5) business days to any inquiries made by Virtualwebstudio to determine
the validity of information provided by You, will constitute a material
breach of this Agreement.
Virtualwebstudio explicitly reserves the right
and sole discretion to:
2. Utilize the Services in connection with
any illegal activity. Without limiting the general application of this
rule, Users may not:
Utilize the Services to cause denial of service attacks against Virtualwebstudio or other network hosts or Internet users or to otherwise degrade or impair the operation of Virtualwebstudio's servers and facilities or the servers and facilities of other network hosts or Internet users;
Post messages or software programs that consume excessive CPU time or storage space;
Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
Utilize the Services to resell access to CGI scripts installed on Virtualwebstudio’s servers;
Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Virtualwebstudio systems, facilities or equipment;
Utilize the Services to gain unauthorized access to the computer networks of Virtualwebstudio or any other person;
Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services in any manner that might subject Virtualwebstudio to unfavorable regulatory action, subject Virtualwebstudio to any liability for any reason, or adversely affect Virtualwebstudio’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Virtualwebstudio in its sole discretion; or
Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
You agree to indemnify and hold harmless Virtualwebstudio for any complications arising out of Your use of Virtualwebstudio's Web Hosting services, including actions Virtualwebstudio chooses to take to remedy Your improper or illegal use of a web site hosted by Virtualwebstudio. You agree You will NOT be entitled to a refund of any fees paid to Virtualwebstudio if, for any reason, Virtualwebstudio takes corrective action with respect to Your improper or illegal use of its Web Hosting services
You agree that Virtualwebstudio's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Virtualwebstudio to You under this Agreement, and for any breach of this Agreement by Virtualwebstudio, shall be limited to the fees You paid to Virtualwebstudio for Web Hosting services
You agree to release, defend, indemnify and hold harmless Virtualwebstudio and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Virtualwebstudio and/or Your use of the Web Hosting services provided by Virtualwebstudio.
8. DISCLAIMER OF WARRANTIES.
Virtualwebstudio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect
You agree that all notices (except for notices concerning breach of this Agreement) from Virtualwebstudio to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Virtualwebstudio. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Virtualwebstudio shall be made either by email, sent to the address we provide on our web site, or first class mail to our address
11. PRIVACY STATEMENT
Privacy is a very serious matter for
Virtualwebstudio. It is true that in order to process your request, we must
know basic contact information such as your full name, address, e-mail
address, and method of payment. All required information is kept
internally and is never shared with third parties. We will never give,
lease, sell or otherwise disclose your personal information. The emails
you supply will never be given to a third party and you will not receive
unsolicited emails as a result of selling the email lists.
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