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A. Virkson Web Hosting
Customer Restrictions
The following Terms of Use
apply only to Virkson’s Web
Hosting and customers, and
supplement the terms in sections
C and D that apply to all
Virkson customers:
Server Resources
Any web site that uses a high
amount of server resources
(such as, but not limited
to, CPU time, memory usage,
and network resources) will
be given the option to either
pay additional fees (which
will depend on the resources
required), reduce the resources
used to an acceptable level,
or upgrade its service to
a Dedicated Server plan. Virkson
will be the sole arbiter of
what is considered to be a
high server usage level. All
Web Hosting accounts come
with a limit of 5,000 files
per account. Each block of
5,000 files after the initial
5,000 will incur an additional
charge of US$9.95/month. Any
Web Hosting and E-Commerce
account deemed to be adversely
affecting server performance
or network integrity will
be shut down without prior
notice.
Spamming
Sending unsolicited bulk and/or
commercial messages over the
Internet (known as "spamming")
is prohibited, regardless
of whether or not it overloads
a server or disrupts service
to Virkson’s customers. The
term "spamming" also includes,
but is not limited to, maintaining
an open SMTP policy, engaging
in spamming using the service
of another ISP or IPP and
referencing in the spam a
web site hosted on a Virkson
server, and selling or distributing
software (on a web site residing
on a Virkson server) that
facilitates spamming. Violators
will be assessed a minimum
fine of $200 and will face
immediate suspension. Virkson
reserves the right to determine,
in its sole and absolute discretion,
what constitutes a violation
of this provision.
CGI Scripts
Any scripts that pose a potential
security risk or are deemed
to be adversely affecting
server performance or network
integrity will be shut down
or will be automatically removed
without prior notice. Virkson
does not permit CGI script
sharing with domains not hosted
by Virkson or any scripts
that may be abused for UCE
purposes.
IRC
Virkson does not allow IRC
or IRC bots to be operated
by Web Hosting customers.
Software
Distribution
Virkson's Web Hostings are
not configured for the purposes
of distributing software and/or
multimedia products. If you
wish to distribute software
and/or multimedia files, please
contact contact@virkson.com
to make special arrangements.
Multimedia Files
Multimedia files are defined
as any graphics, audio, and
video files. Virkson Web Hosting
accounts are not to be used
for the purposes of distributing
and storing unusual amounts
of multimedia files. Any web
site whose disk space usage
for storing multimedia files
exceeds 70% of its total usage,
in terms of total size or
number of files, will be considered
to be using an unusual amount
of multimedia files.
Databases
Virkson's is not responsible
for any data lose or data/file
curruption.
B. Virkson Reseller
Customer Restrictions
The following Terms of Use
apply only to Virkson’s reseller
customers, and supplement
the terms in sections C and
D that apply to all Virkson
customers:
Customer
Security Responsibilities
The customer is solely responsible
for any breaches of security
affecting servers under customer
control. If a customer's server
is involved in an attack on
another server or system,
it will be shut down and an
immediate investigation will
be launched to determine the
cause/source of the attack.
In such event, the customer
is responsible for the cost
to rectify any damage done
to the customer's server and
any other requirement affected
by the security breach.
C. All Virkson Customer
Terms of Use
The following Terms of Use
apply to ALL Virkson's customers:
Virkson
Services
Virkson’s services include,
but are not limited to:
- any act of preparing,
setting up, connecting,
maintaining, terminating,
or reconnecting customers’
account (including all billing
data and the space on the
particular Web server that
Virkson provides to customers);
- any act, or provision
of any service, by Virkson
to customers, related to
web hosting and domain name
registrations (including
server usage and technical
support), regardless of
duration and whether paid
for or not;
- any provision by Virkson
to customers, of any space,
Internet connectivity, or
electrical power;
- any access or use related
to the Virkson’s web site,
including the web site itself;
- any other service mentioned
in the TOU;
- any other service provided
by Virkson to customers,
whether used or not;
- any other Virkson services
that are used by customers,
whether offered or provided
by Virkson to customers.
Ownership of Web Site
The legal owner of customers’
web sites and accounts with
Virkson will be the individual
or organization whose name
is listed in Virkson’s database
as the owner. Customers will
fully cooperate with and abide
by any and all of Virkson’s
security measures and procedures
in the event of any dispute
over ownership of customers’
web sites and accounts with
Virkson.
Illegal
Use
Virkson servers may be used
for lawful purposes only.
Transmission, storage, or
distribution of any information,
data, or material in violation
of any applicable law or regulation,
or that may directly facilitate
the violation of any particular
law or regulation is prohibited.
This includes, but is not
limited to: copyrighted material;
trademarks; trade secrets
or other intellectual property
rights used without proper
authorization; material that
is obscene, defamatory, constitutes
an illegal threat, or violates
export control laws. Additionally,
in purchasing Virkson services,
all Virkson customers certify
that they and/or the organization
they represent in procuring
services from Virkson are
not, nor have been designated,
a suspected terrorist ; are
not owned or controlled by
a 'suspected terrorist'; and
are not on, are not a member
of, related to, associated
with, or controlled by any
organizations on the list
contained in the Annex to
Executive Order 13224 and
all updates thereto.
Spamming
Sending unsolicited bulk and/or
commercial messages over the
Internet (known as "spamming")
is prohibited, regardless
of whether or not it overloads
a server or disrupts service
to Virkson’s customers. The
term "spamming" also includes,
but is not limited to, maintaining
an open SMTP policy, engaging
in spamming using the service
of another ISP or IPP and
referencing in the spam a
web site hosted on a Virkson
server, and selling or distributing
software (on a web site residing
on a Virkson server) that
facilitates spamming. Violators
will be assessed a minimum
fine of $200 and will face
immediate suspension. Virkson
reserves the right to determine,
in its sole and absolute discretion,
what constitutes a violation
of this provision.
System
and Network Abuse
Violations of system or network
security are prohibited and
may result in criminal and
civil liability. Examples
of system or network security
violations include, without
limitation the following:
unauthorized access to or
use of data, systems or networks,
including any attempt to probe,
scan or test the vulnerability
of a system or network or
to breach security or authentication
measures without express authorization
of the owner of the system
or network; interference with
service to any user, host
or network including, without
limitation, mail bombing,
flooding, deliberate attempts
to overload a system and broadcast
attacks; forging of any TCP-IP
packet header or any part
of the header information
in an email or a newsgroup
posting.
Viruses
and Other Destructive Activities
Use of Virkson’s services
or equipment for creating
or sending Internet viruses,
worms or Trojan horses, or
for pinging, flooding or mail
bombing, or engaging in denial
of service attacks is prohibited.
It is also prohibited for
any customer to engage in
other activity that is intended
to disrupt or interfere with,
or that results in the disruption
of or interference with, the
ability of others to effectively
use Virkson’s services and
equipment (or any connected
network, system, service or
equipment) or conduct their
business over the Internet.
Copyright
Violations
The Digital Millennium Copyright
Act ("DMCA") sets forth the
law regarding the use of copyrighted
materials on the Internet.
All Virkson customers are
subject to the requirements
of the DMCA. Individuals or
entities submitting notifications
of copyright infringement
by a Virkson customer (per
the DMCA) to Virkson must
follow the below procedures.
Copyright infringement notifications
submitted to Virkson according
to these procedures will be
processed within 21 days of
receipt. Customers who are
the subject of a DMCA notification
that meets the below criteria
may be subject to account
termination at Virkson’s sole
discretion.
DMCA Copyright Infringement
Notification Requirements:
a. Signature of the copyright
owner or a person authorized
to act on the copyright
owner's behalf (the "Claimant").
b. Identification of the
copyrighted work(s) claimed
to have been infringed.
c. Identification of the
material claimed to infringe
the copyright(s), and enough
information for Virkson
to locate it including URLs
and specific descriptions
of the infringing material
at each URL.
d. The Claimant's name,
address, and telephone number(s).
e. A statement that the
Claimant has a good faith
belief that use of the disputed
material is not authorized
by the copyright owner or
his agent.
f. A statement, under penalty
of perjury, that the information
in the notification of copyright
infringement is accurate
and that the Claimant is
authorized to act on behalf
of the copyright owner.
g. Mail the notification
to:
Virkson Technologies
Legal Department – DMCA
Complaints
contact@virkson.com
Adult
Content
Pornography and sex-related
merchandising are prohibited
on Virkson servers. This includes
sites that may infer sexual
content or provide links to
adult content elsewhere. This
is also true for sites that
promote any illegal activity
or content that may be damaging
to our servers or any other
server on the Internet, or
provide links to such sites.
Child
Pornography
The use of Virkson’s services
to store, post, display, transmit,
advertise or otherwise make
available child pornography
is prohibited. Virkson is
required by law, and will,
notify law enforcement agencies
when it becomes aware of the
presence of child pornography
on, or being transmitted through,
its services.
Privacy
Virkson is concerned with
the privacy of on-line communications
and web sites. In general,
the Internet is neither more
nor less secure than other
means of communication, including
mail, facsimile, and voice
telephone service, all of
which can be intercepted and
otherwise compromised. As
a matter of prudence, however,
Virkson urges its customers
to assume that all of their
on-line communications are
insecure. Virkson cannot take
any responsibility for the
security of information transmitted
over Virkson's facilities.
Customer
Responsibility
Customers are required to
use the Virkson network responsibly.
This includes respecting the
other customers of Virkson.
Virkson reserves the right
to suspend and/or cancel service
with any customer who uses
the Virkson network in such
a way that adversely affects
other Virkson customers. While
Virkson may monitor its service
electronically to determine
that its facilities are operating
satisfactorily, as a general
practice, Virkson does not
monitor its customers' communications
or activities to determine
whether they are in compliance
with the TOU. However, when
Virkson becomes aware of any
violation of the TOU or other
user agreements, Virkson may
take any action to stop or
correct such violation, including,
but not limited to, denying
access to Virkson’s services
and equipment or to the Internet.
In addition, Virkson may take
action against a customer
or a customer of such customer
because of the activities
of such customer. Virkson
anticipates that customers
who offer Internet services
will cooperate with Virkson
in any corrective or preventive
action that Virkson deems
necessary. Failure to cooperate
with such corrective or preventive
measures is a violation of
Virkson policy and Virkson
reserves the right to take
any such action even though
such action may affect other
customers of the Virkson customer.
Actions
Taken by Virkson
The failure by a customer
to meet or follow any of the
TOU is grounds for account
deactivation. Virkson will
be the sole arbiter as to
what constitutes a violation
of the TOU. Virkson reserves
the right to remove any account
without prior notice and to
refuse service to anyone at
any time. When Virkson becomes
aware of an alleged violation
of its TOU, Virkson will initiate
an investigation. During the
investigation, Virkson may
restrict a customer's access
in order to prevent further
potentially unauthorized activity.
Depending on the severity
of the violation, Virkson
may, at its sole discretion,
restrict, suspend, or terminate
a customer's web hosting account
and/or pursue other civil
remedies. If such violation
is a criminal offense, Virkson
will notify the appropriate
law enforcement authorities
of such violation. An unlisted
activity may also be a violation
of the TOU if it is illegal,
irresponsible, or constitutes
disruptive use of the Internet.
Virkson does not issue credits
for outages incurred through
service disablement resulting
from TOU violations. Violators
of the policy are responsible,
without limitations, for the
cost of labor to rectify any
damage done to the operation
of the network and business
operations supported by the
network, and to respond to
complaints incurred by Virkson.
Indemnification
Virkson customers agree to
protect, defend, hold harmless,
and indemnify Virkson, any
third party entity related
to Virkson (including, without
limitation, third party vendors),
and Virkson’s executives,
directors, officers, attorneys,
managers, employees, consultants,
contractors, agents, parent
companies, subsidiaries, and
co-subsidiaries with the same
parent company as Virkson,
from and against any and all
liabilities, losses, costs,
judgments, damages, claims,
or causes of actions, including,
without limitation, any and
all legal fees and expenses,
arising out of or resulting
in any from the customer’s
use of Virkson’s services.
Disclaimer
The Virkson service is provided
on an as is, as available
basis without warranties of
any kind, either express or
implied, including, but not
limited to, warranties of
merchantability, fitness for
a particular purpose or non-infringement.
Virkson expressly disclaims
any representation or warranty
that the Virkson service will
be error-free, secure or uninterrupted.
No oral advice or written
information given by Virkson,
its employees, licensors or
the like, will create a warranty;
nor may you rely on any such
information or advice. Virkson
and its partners and suppliers
will not be liable for any
cost or damage arising either
directly or indirectly from
any transaction or use of
the service.
Termination
for Bankruptcy or Insolvency
If a customer becomes insolvent
or any bankruptcy petition
is filed by the customer,
or any third party against
the customer, Virkson may
immediately terminate provision
of Virkson’s services to the
customer without prior notice
or penalty. Such customer
consents to the grant of relief
from any automatic stay of
proceedings against Virkson
in such event.
LIMITATION
OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT,
AND UNDER NO THEORY OF LAW
OR EQUITY, WILL Virkson (INCLUDING,
WITHOUT LIMITATION, Virkson’S
EXECUTIVES, DIRECTORS, OFFICERS,
ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS,
AGENTS, PARENT COMPANIES,
SUBSIDIARIES, CO-SUBSIDIARIES
WITH THE SAME PARENT COMPANY
AS Virkson, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS,
OR THE LIKE) OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING Virkson’S
SERVICES, BE LIABLE FOR THE
LOSS OF A DOMAIN NAME, OR
ANY BUSINESS OR PERSONAL LOSS,
REVENUES DECREASE, EXPENSE
SINCREASE, COSTS OF SUBSTITUTE
PRODUCTS AND/OR Virkson SERVICES,
OR ANY OTHER LOSS OR DAMAGE
WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF ANY USE
OF, OR ANY INABILITY TO USE,
ANY Virkson SERVICES EVEN
IF Virkson HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH
DAMAGES. Virkson’S TOTAL CUMULATIVE
LIABILITY, IF ANY, TO CUSTOMER,
OR ANY THIRD PARTY, FOR ANY
AND ALL DAMAGES, RELATED TO
THE TOU OR Virkson’S SERVICES,
INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE,
ANY ACT OR OMISSION BY Virkson
OR Virkson’S REPRESENTATIVES,
OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, WILL BE
LIMITED TO, AND WILL NOT EXCEED,
THE ACTUAL DOLLAR AMOUNT PAID
BY THE CUSTOMER FOR THE SERVICES
WHICH GAVE RISE TO SUCH DAMAGES,
LOSSES AND CAUSES OF ACTIONS
DURING THE 3-MONTH PERIOD
PRIOR TO THE DATE THE DAMAGE
OR LOSS OCCURRED OR THE CAUSE
OF ACTION AROSE.
Modifications
Virkson may discontinue, upgrade,
replace, modify, or change
in any way, without limitation,
any software, application,
program, data, hardware, equipment,
or portions or components
thereof, used to provide customers
with Virkson’s services. Certain
changes to Virkson’s services
may affect the operation of
customers’ personalized applications
and content. Each customer
is solely responsible, and
Virkson is not liable, for
any and all such personalized
applications and content,
except as expressly agreed
to by Virkson.
Backup
of Data
Except where Virkson has expressly
agreed in writing to the contrary,
customers are solely and entirely
responsible, and Virkson is
in NO way responsible, for
the management and backup
of all customer data, and
all updates, upgrades, and
patches to any software that
customers use in connection
with Virkson services.
Third
Party Licenses
Virkson makes a reasonable
effort to provide customers
with technologies, developments,
and innovations (collectively
“Technologies”), part of which
may be licensed, or co-branded,
from or by, third party entities.
However, Virkson makes NO
warranty of any kind, either
express or implied, regarding
the quality, accuracy, reliability,
validity, or continued existence
of any or all aspects of such
Technologies. Moreover, Virkson
specifically disclaims all
warranties of merchantability
and and fitness for a particular
purpose for such Technologies.
Furthermore, no customer will
hold Virkson liable in any
way for the revocation of
any license, which has been
licensed to Virkson. The use
of the Technologies obtained
from or through Virkson, or
any other referred third party,
whether directly or indirectly,
is at the sole risk of customers.
Non-Virkson
Products
Any mention of non-Virkson
products by Virkson, its employees,
or any third party entity
related to Virkson is for
information purposes only
and does not constitute an
endorsement or recommendation
by Virkson. Virkson disclaims
any and all liabilities for
any representation or warranty
made by the vendors of such
non-Virkson products or services.
Virkson’s
Intellectual Property
Customers will not, without
Virkson’s express written
consent, copy, reproduce,
republish, or otherwise use
any material, in whole or
in part, that is located on
Virkson’s web site, and customers
will not use any of Virkson’s
trademarks, service marks,
copyrighted materials, or
other intellectual property
without Virkson’s express
written consent. Customers
will not, in any way, misrepresent
their relationship with Virkson,
attempt to pass themselves
off as Virkson, or claim that
customers are Virkson.
Assignment
Customers may not assign or
delegate their rights or obligations
under the TOU or other agreement
for Virkson’s services, either
in whole or in part, without
the prior written consent
of Virkson.
Minimum
Age Requirement
Virkson customers must be
at least 18 years of age.
Any individual under the age
of 18 years (“Minor”) must
have a parent or guardian
accept the TOU in order for
the Minor to become a Virkson
customer. A parent or guardian
who accepts the TOU on behalf
of a Minor will be primarily
liable for ensuring complete
and proper compliance with
the TOU, including the timely
and full payment of the charges
for Virkson services, and
such primary liability will
continue even when the Minor
has attained the age of 18,
unless the parent or guardian
obtains Virkson’s express
written consent to the contrary.
Any acceptance of the TOU
or any other agreement for
Virkson’s services will be
deemed null and void to the
extent that Virkson will not
be liable in any way as a
result of the Minor’s age
or legal incapacity or the
Minor’s use of Virkson’s services.
Force
Majeure
Virkson will not be liable
for delays in its performance
of the TOU or Virkson services
caused by circumstances beyond
Virkson’s reasonable control,
including acts of God, wars,
insurrection, civil commotions,
riots, national disasters,
earthquakes, strikes, fires,
floods, water damage, explosions,
shortages of labor or materials,
labor disputes, transportation
problems, accidents, embargoes,
or governmental restrictions
(collectively “Force Majeure”).
Virkson will make reasonable
efforts to reduce to a minimum
and mitigate the effect of
any Force Majeure. Notwithstanding
anything contained elsewhere
herein, lack of finances will
not be considered an event
of Force Majeure nor will
any event of Force Majeure
suspend any obligation of
customers for the payment
of money due.Waiver and AmendmentAny
waiver, modification, or amendment
of any provision of the TOU
or other agreement for Virkson
services, initiated by a customer,
will be effective only if
accepted in writing and signed
by an authorized representative
of Virkson.
Independent
Contractors
Nothing in this Agreement
will be construed as creating
a partnership or relationship
of employer and employee,
principal and agent, partnership
or joint venture between Virkson
and its customers. Each of
Virkson and its customers
will be deemed an independent
contractor at all times and
will have no right or authority
to assume or create any obligation
on behalf of the other, except
as may be expressly provided
herein.
Construction
and Interpretation
Wherever in this TOU the masculine,
feminine, or neuter gender
is used, it will be construed
as including all genders,
and wherever the singular
is used, it will be deemed
to include the plural and
vice versa, where the context
so requires. The division
of the TOU into sections/paragraphs,
and the insertion of headings/captions,
are for convenience of reference
only and will not affect the
construction or interpretation
of the TOU. Any rule of construction
to the effect that any ambiguity
is to be resolved against
the drafting party will not
be applicable in the construction
or interpretation of the TOU.
Complete
Agreement and Exclusivity
The TOU, and/or any other
specific agreement for Virkson
services, constitutes the
complete understanding and
agreement between Virkson
and its customers. Except
when expressly agreed to the
contrary in signed writing
by an authorized representative
of Virkson, the TOU supersedes
any other written (including
digitized/computerized) agreement,
oral agreement, and/or agreement
by conduct. This TOU, and/or
any other specific agreement
for Virkson services is between
Virkson and its customers
only and will not confer any
rights in any third party
except as otherwise expressly
provided by Virkson.
D. All Virkson Customer
Billing Policy
The following Terms of Use
constitute Virkson’s Billing
Policy and apply to ALL Virkson
customers:
Payments
All charges are shown in US
Dollars. Payments are to be
made in US dollars. Virkson
accepts the following types
of payment:
- Check/money order
- Credit card (VISA, MasterCard)
- Bank wire transfer
- ikobo
All payments are due on the
Account Statement Date. The
Account Statement Date is
the monthly anniversary of
the date the account was activated.
If you provide Virkson your
credit card information, you
authorize Virkson to automatically
charge your credit or debit
card for charges that apply
to your account. Recurring
charges will be posted to
your credit card until such
time that you cancel your
account in accordance with
Virkson’s Billing Policy in
the TOU. Charges subsequent
to your initial order will
accumulate in your account
until such charges exceed
$9.95. Virkson will then automatically
charge your credit card on
the next Account Statement
Date. You are responsible
for directly updating, or
notifying Virkson, of any
changes to your credit card
(including, but not limited
to card number, expiration
date, billing address, or
card status).
Account
Renewals
In order to insure uninterrupted
service to your website, all
plans will automatically renew
at the end of the plan’s Billing
Cycle. Plan renewal charges
are based on the prevailing
rate on the date of renewal
according to the service selected.
Plans are renewed for the
same billing cycle. If you
wish to cancel your plan before
plan renewal, please refer
to the Cancellation section
below.
Statements
Virkson does not mail paper
invoices or statements. Statements
can be viewed and printed
through SiteControl. Customers
may elect to receive their
monthly account billing statement
via email. This option may
be selected in SiteControl.
Fees
- Returned Checks
Virkson charges a $25.00
fee for returned checks.
- Credit Card Chargebacks
A $25.00 chargeback fee
will be assessed for each
credit card chargeback received
by Virkson.
Credit
Card Disputes/Chargebacks
Virkson has a zero tolerance
policy for chargebacks. Any
customer who disputes a credit
card payment is subject to
a fine, suspension and account
termination at Virkson's discretion.
A charge of $25.00 per chargeback
will be assessed to all accounts
that receive a chargeback.
Billing/Price
Changes
Virkson's policies and prices
are subject to change without
notice. Any price changes
become effective in the next
billing cycle.
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