Terms of Service (TOS)
Please review our Terms of Service. This document contains all the rules of ViP Creations. Any breach of this document may entail account suspension or termination. If you have any question pertaining to our T.O.S, please feel free to Contact Us.
ViP Creations ("The Company" or "ViP") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of ViP Creations Service constitutes acceptance and agreement to ViP Creations AUP (Accepted Usage Policy) as well as ViP Creations TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ViP and AUP. 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.
Note: Pornography and sex-related merchandise are prohibited on any ViP Creations server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to ViP Creations servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!
- 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.
- Payment: 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/year for that month's/year's
service. The above applies to all accounts and services provided by ViP.
- Payments and Fees: Service will be interrupted on accounts
that reach 10 days past due. Service interrupted for nonpayment is subject
to a $25.00 reconnect charge. Accounts not paid by due date are subject
to a $10.00 late fee. Accounts that are not collectable by ViP may be turned
over to an outside collection agency for collection.
- Refund and disputes: All payments to ViP are non-refundable
(unless used under the money back guarantee). This includes the subsequent
charges regardless of usage. 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 ViP's sole discretion is a
valid charge under the provisions of the TOS and/or AUP, you agree to pay
ViP an "Administrative Fee" of not less than $25 and not more
than $200.
- 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.
- Account Cancellation: Request for termination of user
accounts can be made through the ViP Customer Control Panel. Termination
requests received will take effect on the last day of current billing cycle.
- 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.
- New Domains: Payment made for domain registration will
not be refundable in all cases, including those that involve mistakes committed
by any persons, ViP staff or not, at any stage of the domain registration
process. A confirmation e-mail will be sent to registrants within 24 hours
of the submission of the domain name purchase order.
- Support Boundaries: ViP provides 24 x 7 technical support
to our subscribers. We limit our technical support to our area of expertise.
The following is our guidelines when providing support: ViP provides support
related to your services or virtual site physical functioning. ViP does
not offer tech support for application specific issues such as cgi programming,
html or any other such issue that is not part of ViP services.
- SPAM and Unsolicited Commercial Email (UCE): ViP 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 ViP may not use or permit others to use our network to transact in UCE. Customers of ViP 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.
- Violation of ViP's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, ViP will initiate
an immediate investigation (within 48 hours of notification). During the
investigation, ViP may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of our SPAM
policy, ViP may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, ViP reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. ViP will notify law enforcement officials if the violation
is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 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. PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE:
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 services immediately disabled. The services will not be enabled 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 account to confirm that all material has been removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our network without notice.
Network
- IP Address Ownership: If ViP assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to ViP, and Customer shall have no right to use
that Internet Protocol address except as permitted by ViP in its sole discretion
in connection with the Services, during the term of this Agreement. ViP
shall maintain and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by ViP, and ViP reserves the
right to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
- IP Address Usage: Any customer caught using an IP address
that has not been assigned to them agrees to pay a $50 fee. The domain caught
using the offending IP address can be disabled or deleted at the discretion
of ViP.
- 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").
ViP will monitor Customer's bandwidth and disk usage. ViP 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 ViP's sole and absolute
discretion. If ViP 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.
- System and Network Security: Users are prohibited from
violating or attempting to violate the security of the ViP Creations Network.
Violations of system or network security may result in civil or criminal
liability. ViP 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:
- Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Suspension of Service or Cancellation: ViP reserves the right to suspend network access to any customer if in the judgment of the ViP network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which ViP 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 will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
ViP reserves the right to amend its policies at any time.
Indemnification: ViP wishes to emphasize that in agreeing to the ViP Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ViP for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ViP or the bringing of any claim against ViP by any third-party. This means that if ViP is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ViP, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
- 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.
- 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.
- ViP takes no responsibility for any material input by others and not posted
to the ViP Network by ViP. ViP is not responsible for the content of any
other websites linked to the ViP Network; links are provided as Internet
navigation tools only. ViP 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.
- ViP is not responsible for any damages your business may suffer. ViP does not make implied or written warranties for any of our services. ViP 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 including equipment failure.
Responsibility for Content: You, as ViP's customer, are solely responsible for the content stored on and served by your account.