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By establishing an account with Vantage Internet Services
Inc. via phone, e-mail, or web site form submission on vantagewebhosting.com, or any of Vantage Internet Services
Inc.'s affiliated web pages, you are agreeing you have read and will abide by
the following Terms of Service Agreement (TOS).
Vantage Internet Services Inc. provides Internet/World
Wide Web Site Hosting and E-mail Services. Please read and understand our
policies as they are to protect the best interest of our customers as a whole.
Vantage Internet Services Inc.'s general policy is to act
as a neutral provider of access to the global Internet.
Vantage Internet Services Inc. At its sole discretion,
reserves the right to suspend or cancel a customer's access to any or all
services provided. Suspension and or cancellation actions will be performed on
account in violation of the TOS or are deemed to otherwise be inappropriately
used. If you are unsure whether any contemplated use or action is permitted,
please send an e-mail to:
support@vantageinternet.com and we will assist you.
Network's Specific Use Policies
1. Traffic and Storage Policies
- Vantage Internet Services Inc. allocates a set
amount of storage and bandwidth per customer. If customer exceeds or is
about to exceed the allocated amount of storage or traffic,
Vantage Internet Services Inc. will send a courtesy notice to customer
with further options and pricing. This e-mail notification is done as a
curtsy and customer will be held accountable for exceeding storage or
traffic allocation weather the e-mail was sent/received or not.
2. High Resource Policy
- MySQL databases which consume large amounts of resources will be
immediately terminated or suspended upon Vantage
Internet Services Inc. discretion.
- CGI scripts found to consume large amounts of system resources will
immediately be terminated or suspended upon Vantage
Internet Services Inc. discretion.
- Websites found to consume large amounts of system resources such as
HTTPd, CGI, MySQL can be suspended at anytime upon
Vantage Internet Services Inc. discretion. Vantage
Internet Services Inc. considers at least 15% CPU Usage, 10% Memory Usage,
and 10% MySQL/SQL usage as high resource.
- Accounts classified as High Resource Accounts and are either suspended
or terminated are not entitled to a refund for any pre-paid services.
3. Zero Tolerance Rule
- Vantage Internet Services Inc. commits 100%
stability to all our servers, and network that has control over. To
keep with this commitment, any website, reseller or non-reseller that
Vantage Internet Services Inc. feels is degrading the
performance of our network may be suspended at Vantage
Internet Services Inc. discretion, without being required to notify the end
user in advance.
- As a set standard, Vantage Internet Services Inc.
will run spot testing anytime we feel our network may be becoming unstable
due to a High Resource Customer. If a customer in a shared hosting
environment is found to be utilizing more then 15% of CPU / 10% Memory / 10%
MySQL/SQL, they will be sent a courtesy notice. The 2nd notice, the customer
will be suspended for 7 days. The 3rd notice, the customer will be
terminated due to High Resource Usage. Courtesy notices are as stated a
courtesy, customers will be held accountable for account whether e-mails are
sent/received or not.
- Any user of our VPS service found to be consuming sufficient I/O to
cause server slowing for other users will be sent a courtesy notice. A
second notice will be sent upon further occurrences, and a suspension may
result. Vantage Internet Services Inc. Host reserves
the right to determine the amount of I/O which constitutes an abuse of
system resources. This includes but is not limited to normal disk operations
and swap file usage.
4. What does Vantage Internet Services Inc. consider
"CGI Abuse"?
- Any site whose CGI programs are using excessive amounts of system
resources. Excessive amounts is defined as any amount that results in
substantial degradation of server performance. Vantage
Internet Services Inc. is the sole determinant of what constitutes degraded
server performance.
- Due to their use of flat files instead of databases, Vantage Internet Services Inc. does not allow the use of any CGI based
forums. Use of these boards for large or very active forums results in
system performance degradation, and cannot be allowed in our shared server
environment.
5. Vantage Internet Services Inc.'s Services May Only be
Used for Lawful Purposes
- Transmission, distribution, or storage of any information, data or
material in violation of United States law(s), state regulatory law(s), or
by the common law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or any other
statute.
- Vantage Internet Services Inc. reserves the right
to remove such illegal material from its servers immediately and Vantage Internet Services Inc. expressly forbids anyone from
using Vantage Internet Services Inc.'s servers for the
propagation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, satanic material, or any other material
which we deem to be objectionable. The designation of any materials as such
described above is left entirely to the discretion of the Vantage Internet Services Inc. management.
6. Unlawful and/or Unethical Use
Vantage Internet Services Inc. does NOT allow sites that
provide points of distribution, or links to the following types of sites:
- Pirated Software (Warez) - Any software that is copyrighted and not
freely available for distribution without cost. Including: ROMs, ROM
Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.
- Hacking / Phreaking - Includes sites with material, links, or resources
for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes
the destruction or compromises the integrity of Vantage
Internet Services Inc.
- IRC / Bots - This includes "egg drops," "bots," or any IRC related
programs.
- Archives - This includes music, video and program archives.
7. E-Mail Policy
- Vantage Internet Services Inc. strictly prohibits
harassment, whether through language, frequency, or size of messages.
Forging of header information is not permitted.
- Vantage Internet Services Inc. does not allow
unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to
persons who have otherwise not requested to receive such mail. The reason
for this is that not only is it generally frowned upon by the internet
community, but it also demands extra bandwidth to handle the effects of such
mail. Websites found to be sending UCE will be terminated without notice.
- If its found any client has setup an account with Vantage Internet Services Inc., for the express terms of sending unsolicited
email, Vantage Internet Services Inc. reserves the
right to charge a one time administration fine of $250.00 If Vantage Internet Services Inc. can show proof the client has
sent the email from Vantage Internet Services Inc.'s
servers or network.
8. Vantage Internet Services Inc.'s Services are
Intended for the End User Only
- Customers cannot sublease, sub host, or give away control of any portion Vantage Internet Services Inc.'s resources.
9. Uptime Guarantee Policy
- We will make every reasonable attempt to avoid unexpected server
downtime and to ensure that all accounts are well taken care of. We cannot
guarantee or predict server downtime. Any network problem, or outage, is not
covered under any guarantee or warranty and will not be grounds for
reimbursement for any subsequent financial damages or losses. Account
Backups are ultimately the account holder's responsibility.
- Vantage Internet Services Inc. will not be liable
for any lost revenues during your down time.
10. Payment Policies
- Credit Card Authorization Form must be returned to Vantage Internet Services Inc. via email (scanned signature) or fax within
72 hours when requested. Failure will result in automatic suspension of
account until form is received by Vantage Internet
Services Inc.
- Any customer who threatens a chargeback for services already paid for or
rendered will be terminated immediately.
- All new and existing accounts are setup and billed on a anniversary
basis.
- All payment is expected in U.S. currency.
- Accounts that are past due may be suspended within 72 hours of credit
card failure notice.
- Accounts may be charged at anytime during the month of which the invoice
is due.
- If the transaction is run at least 3 times, and the client fails to
update the credit card, the account may be suspended and or terminated
without further notice.
- All new accounts are billed on the anniversary date of the account being
setup.
- Vantage Internet Services Inc. reserves the right
to change prices at any time without notification to customer.
- Service fees do accrue during any period of suspension.
- The customer is responsible for all money owed on the account from the
time it was established to the time that the customer notifies Vantage Internet Services Inc. in writing for a request for
termination of services.
- All suspended accounts may be charged a $25 reactivation fee.
- Checks returned unpaid (NSF) will be accessed $50.00 service charge.
- Past due accounts that are not brought current within 3 days of the
e-mail notice are subject to suspension and possible account termination.
- At no time will Vantage Internet Services Inc.
allow a website to be operational past the last day of the pre-paid date of
services. If user fails to update the account information, Vantage Internet Services Inc. may suspend the account without further
notice and consider the account closed.
- Check or money order orders may be approved by Vantage Internet Services Inc. on a per case basis.
- There is a $50 administrative fee for each chargeback placed against us.
Any chargeback's or threatened chargeback's or non-payment of services
rendered are grounds for immediate account cancellation or termination for
any accounts client is hosting with Vantage Internet
Services Inc.
11. Cancellation Policies
- Phone requests will not constitute acceptance of any cancellation.
- Account cancellations must be submitted by the billing account / credit
card holder. Account cancellation require a service cancellation request
form (SCRF) be submitted to Vantage Internet Services
Inc. Host, account cancellation will not be valid until confirmed by Vantage Internet Services Inc. Host and a confirmed
cancellation number (CCN) is assigned.
- Vantage Internet Services Inc. reserves the right
to cancel this service agreement at any time.
- Account cancellations must be submitted before next date of recurring
charges or user will receive a partial refund of unused months that were
pre-paid.
- Account setup fees and domain registration fees are not refundable and
will be withheld from any cancellation request.
- In the event you cancel your service, you will be charged in full for
the entire month in which you canceled your service.
- Account cancellations for accounts with a negative balance will be
passed on to collections, and all services rendered to the party with the
negative balance will be terminated, including domain registrations.
- Once cancellation form is completed, account is considered terminated
pending all account information matches all information on file.
12. Refund Policy
- A full refund excluding domain registration fees, add-on/upgrade fees,
overages and startup fees is provided within the first 30 days of your
initial account activation.
- Refunds may take up to 30 days to be processed. Once credit is issued,
normal circumstances allow 2 billing cycles for refund to show on your
credit card statement.
- All Refunds are applied with the same terms they were processed. For
Check/Money Order, a company check will be sent to the mailing address we
have in our billing system.
- If cancellation is caused by customer's violation of this agreement,
then no refund will be disbursed.
- If you cancel prior to the end of your contract term and you received
special pre-pay rates, your hosting fees will be adjusted so that you pay
the regular, non-discounted monthly fees.
- Customers who have a clear intention of terminating their services
and/or using up all or a higher than normal amount of resources before the
30 day refund, there will be no refund given and account will be terminated.
Any prepaid full months will be refunded accordingly.
- In the event you have elected to prepay subsequent, additional months'
service fees, we retain the right to charge you an administrative fee of 75%
and deduct the administrative fee from the subsequent, future months'
service sees before refunding them to you.
13. Disclaimer
- Vantage Internet Services Inc. reserves the right
to refuse service to anyone.
- Vantage Internet Services Inc. reserves the right
to terminate any web hosting customer based on statements made by customer
which may threaten any legal action against Vantage
Internet Services Inc. and termination will be immediate. Employees of
Vantage Internet Services Inc. will be instructed to
inform the client any further communications must be made though our legal
department. Customer is reminded that Vantage Internet
Services Inc. has on file a copy of Vantage Internet
Services Inc. required Credit Card / Policies Acceptance form which states
Vantage Internet Services Inc. will not be responsible
for any damages your business may suffer.
- Vantage Internet Services Inc. will not be
responsible for any damages your business may suffer.
- Vantage Internet Services Inc. makes no warranties
of any kind, expressed or implied for services we provide.
- Vantage Internet Services Inc. disclaims any
warranty or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Vantage
Internet Services Inc. and its employees. If user decides to bring any legal
proceedings against Vantage Internet Services Inc.,
user will incur all legal fees and court costs.
- Vantage Internet Services Inc. furthermore expects
that its subscribers who provide Internet services to others will comply
fully with all applicable laws concerning the privacy of on-line
communications.
- A subscriber's failure to comply with those laws will violate Vantage Internet Services Inc. policy.
- Finally, Vantage Internet Services Inc. wishes to
emphasize that in accepting services, subscribers indemnify Vantage Internet Services Inc. for any violation of the subscriber of
the Services Agreement, or of law or Vantage Internet
Services Inc. policy that results in loss to Vantage
Internet Services Inc. or the bringing of any claim against Vantage Internet Services Inc.. This means that if
Vantage Internet Services Inc. is sued because of activities of the
subscriber that violate any law, the Services Agreement or this policy
(which is part of the Services Agreement), the subscriber will pay any
damages awarded against Vantage Internet Services Inc.,
plus costs and reasonable attorneys fees.
- Vantage Internet Services Inc. reserves the right
to revise its policies at any time without prior notification.
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