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General Terms of Service Policies
This Agreement, is made and entered by Velocity Hosting, ("Provider"), and you, ("Client").
Intending to be bound in accordance with the terms hereof, the parties agrees as follows:
When hosting your site with Velocity Hosting all listed policy terms and conditions must be understood
and agreed to. Any client who violates these terms are subject to their account being suspended or terminated
without notice.
Velocity Hosting will provide equipment and service as listed in the site and
as stated in our policies. Velocity Hosting does not warrant that equipment and
service shall not be interrupted do to unforseen circumstances. Or that the security
and privacy of the clients data and any data accessed through the internet shall be
correct and free from viruses or such information shall not infringe upon any rights of
others. All clients access data at their own risk. Velocity reserves the right to change
or add policies and or services at any time with or without notice.
We recommend that you check these policies on a regular basis.
A. Payment
for Service
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Client agrees to pay the charges identified on
order request on or before the first day of the anniversary date of
account setup each month following execution of this agreement, together
with any additional charges, costs or assessments made by Provider under
the terms hereof.
- Client agrees to make payment by methods
available: VISA - MASTERCARD - AMERICAN EXPRESS -
MONEY ORDER - WIRE TRANSFER($20FEE) - WESTERN UNION - PAYPAL -
PERSONAL CHECK(pre approved only).
- For your protection and ours, client agrees to sign a credit card authorization form for any payments made via credit card, that authorizes
"MacNew Enterprises" to bill their credit card and that they are
providing correct and truthful information. Sometimes a fax of the
actual credit card could be required on suspicious or forgien
credit cards. Any false or misleading information will be
dealt with in the most serious nature and will be prosecuted to
the fullest.
- The authorization form will be used to dispute any charge backs made
if not presented to us in writing first. Charge back fees will be
charged to the client if made with contacting us first to work out
disagreement.
- It is the responsibility of the client to contact us regarding
mistakes or payments not being charged.
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Any account past
due more then 15days is subject to suspension, reconnection fees may apply.
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User agrees that any unpaid balance due
thereunder shall bear interest at the rate of 18% per annum, and that
costs of collection, including court costs and reasonable attorney fees
shall be added as principal amounts to such balance.
- A late fee of $20 will be assessed if payment is not received within
14 days of the due date.
B. Use of
Service
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User agrees to maintain its site in a manner
consistent with any and all applicable laws, regulations, acceptable uses and
standards in effect, or which become in effect, during the term hereof.
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User agrees to practice common courtesy in its use of
the site, and to refrain from using any distribution lists for electronic mail
or other techniques for unsolicited mass mailing.
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User agrees
the Provider provides a multi-user system, and as such User is expected
to consume less than 20% of system resources. We are talking CPU usage and
NOT bandwidth consumption.
If User consumes more than 20% of system resources, they will receive
notice via email and have 48 hours to respond with their decision about
how they wish to proceed; the options in this case are:
- Get a dedicated server.
Sample prices for dedicated servers will be emailed with the notice.
You are allowed to resell space on a dedicated server to help defray costs.
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Move. If you choose to
leave any unused portion of your monthly fee minus a 2 week notice will be
refunded.
If no response is received in 48 hours, the site will be disabled and it
will be assumed that the site will be moving. In no case will additional
charges accrue without your authorization. Reconnect fees may apply.
C. Service
Disclaimers
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Provider will take all steps reasonable, necessary
and prudent to protect against failure of its equipment and software. User
acknowledges and agrees that temporary interruptions in service may occur, and
that Provider shall have no liability to User for any claim, cost, charge,
loss or expense arising from or relating to use of the website.
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User acknowledges and agrees that data may be lost or
corrupted in connection with use of the website. Provider will perform regular
back-ups of all data stored on behalf of User, but shall have no liability to
User in the event all data is lost or destroyed. User acknowledges and agrees
that, in the event restoration of data from backup is necessary, it may take
several days to complete such restoration of data and operation of the
website.
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Provider reserves the right to alter the access procedure and its vendor
relations without notice to, or authority from the User.
D. Term and
Termination
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This agreement shall have an initial term of one
month from the date of execution hereof, unless otherwise specified by
order request. Upon expiration of such term, this agreement shall
automatically renew for successive equivalent periods, unless notice is
given by either party of its intent to terminate the agreement, at least
15 days prior to the scheduled termination date. All terms and
conditions of this agreement shall be in full force and effect during
all original and renewal periods here under. Also any termination that
is requested mid billing period will end at the end of current
billing period from which 15day notification was given.
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Provider reserves the right to terminate this
agreement, and to delete the website from its hardware, immediately upon the
occurrence of any of the following events:
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Non payment of
any charges due from User after 15 days. .
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Breach of any term or condition of this agreement
by User.
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Commencement of any lawsuit or proceeding against User arising from or
relating to its use of the website, whether or not such suit names Provider
as a party or seeks and recovery from Provider.
E. Indemnification of Provider/Relationship of
Parties
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Client agrees to indemnify and hold Provider
harmless from any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising from or relating to Clients
website provided here under.
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Nothing contained herein shall be deemed to create a relationship
between the Provider and client in the nature of a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge and agree that Provider has no interaction
with the data or substance of User's website, except as necessary to maintain
the website.
F. Security/Software
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User agrees to take all steps reasonable, necessary,
and prudent to protect User's login id and password.
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User agrees not to run any IRC program or IRC bot on
the Provider's hardware.
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User agrees not to attempt to undermine or cause harm
to any server or customer of Provider.
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User acknowledges that Provider cannot provide technical support for any
software and/or script that the User installs, other than variable name
changes. User also acknowledges Provider does not supply technical support
for Microsoft FrontPage, other than initial configuration.
G. Content
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The provider believes in freedom of speech. As long
as the User's content does not break any Federal, State, or local laws it will
be allowed to exist on the User's website.
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User is responsible for any content they place on
their web site.
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If the User wishes to have an adult oriented site, or
a site dealing with hacking and "warez", the User must place a disclaimer on
the Users main page stating that User's views and content no way reflect the
views or beliefs of the Provider, and the Provider is not responsible for
anything on the User's pages.
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Although the Provider will never sell the
personal information of the client, the Provider will fully cooperate will all
law enforcement if a client has suspected of having broken Federal, State, or local
law.
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The Provider reserves the right to remove any
page(s) at any time, as long as the User has been contacted and given
the chance to correct the offending page(s) within a 12 hour period.
- We strictly prohitbit sites that have underage pictures, even if
being used for art purposes. And would like to be contact if anyone
finds this type of content on our servers. (abuse@velocity hosting.com).
Accounts will be suspended immediatly without warning once being made
aware of this content. Client will then have 1 chance to change
his site and upon approval may be reactivated. If 2nd offense
occurs site will be completely deleted, and no refund will be made
of any charges made.
H. Scope of
Agreement
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This agreement must be honored by all sub domains and dedicated servers
of the Provider.
I. Commercial Advertising - Email:
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Spamming (the sending of unsolicited email) is STRICTLY prohibited. None of the following will be
tolerated.
You will be fined $200 for each instance of spam that gets reported
to us and your account will be immediately suspended. Only after approval will account
be reactivated and a fee will apply.
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You may not send any unsolicited email mentioning
an email address for any domain hosted by us
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You may not send any unsolicited email mentioning a
domain hosted by us
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You may not send any unsolicited email mentioning
an IP address hosted by us
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You may not post references to adult sites to
non adult newsgroups
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you may not post references to adult sites to large
number of newsgroups or to inappropriate newsgroups (don't send notices of
adult sites to alt.sex.recovery, for example)
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You may not post advertisements on IRC chat
that result in complaints
- Abusing our auto responders will also result in
suspension
Provider will be the sole arbiter as to what
constitutes a violation of this provision.
Violation of any terms or conditions are grounds for
immediate account deactivation, with no refunds given.
We reserve the right to remove any account at any time.
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