Agreeing to
Virtual-Comm's Acceptable use Policy and Terms of Service is
mandatory for using our services. Please make sure you read
everything. If you have any questions please Contact Us.
Virtual-Communications
Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what Virtual-Comm
expects of them while using the service. All users of Virtual-Comm
Internet services: those who access some of our Services but
do not have accounts, as well as those who pay a service fee
to subscribe to the Services, must comply with this AUP and
our TOS (Terms of Service).
IMPORTANT NOTICE:*All
Payments To Virtual-Comm.com (Virtual-Communications LLC) for
Domain Registration(s) and Dedicated Servers Are
Non-Refundable*
We
support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may violate
this AUP. Virtual-Comm may cooperate with legal authorities
and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of this AUP
may result in the suspension or immediate termination of
either your Virtual-Comm account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of
Virtual-Comm Acceptable Use Policy.
The following are guidelines for the establishment and
enforcement of Virtual-Comm AUP:
Ensure
reliable service to our customers
Ensure
security and privacy of our systems and network, as well
as the networks and systems of others
Comply
with existing laws
Maintain
our reputation as a responsible service provider
Encourage
responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
Preserve
the value of Internet resources as a conduit for free
expression and exchange of information
Preserve
the privacy and security of individual users
Virtual-Comm
intends to provide its customers access to everything the
Internet has to offer. While Virtual-Comm is firmly committed
to the principles of free speech, certain activities that may
be damaging to the resources of both Virtual-Comm and the
Internet and cannot be permitted under the guise of free
speech. The resources of Virtual-Comm and the Internet are
limited, and abuse of these resources by one user has a
negative impact on the entire community.
We do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
service.
You may not use your dedicated rack or virtual site to publish
material, which Virtual-Comm.Com determines, at its sole
discretion, to be unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to all
forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and
audio recordings.
If a Virtual-Comm account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective action,
however, flagrant violations of the Acceptable Use Policy will
result in immediate termination of service. Our failure to
enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions
regarding this policy, please contact us at
abuse@Virtual-Comm.Com.
VIOLATIONS OF Virtual-Communications ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal
use: Virtual-Comm
services may not be used for illegal purposes, or in
support of illegal activities. Virtual-Comm reserves the
right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime
or civil wrongdoing.
Harm
to minors: Use
of Virtual-Comm service to harm, or attempt to harm,
minors in any way, including, but not limited to child
pornography, or child pedophiliac material.
Threats:
Use of Virtual-Comm service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
Harassment:
Use of Virtual-Comm service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent
activity: Use of
Virtual-Comm service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type
of financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain letters."
Forgery
or impersonation:
Adding, removing or modifying identifying network header
information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames
might constitute impersonation in some states or
country's.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail(SPAM):
Use of Virtual-Comm
service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate
termination of the offending 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 server immediately removed from
our network. The server will not be reconnected 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 server to
confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and
permanent removal of the server from our network without
notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently removed
from our network without notice and be subjected to
penalties or fines.
E-mail
/ News Bombing:
Malicious intent to impede another person's use of
electronic mail services or news will result in the
immediate termination of the offending Virtual-Comm account.
E-mail
/ Message Forging:
Forging any message header, in part or whole, of any
electronic transmission, originating or passing through
Virtual-Comm service is in violation of this AUP.
Usenet
SPAMing:
Virtual-Comm has a zero tolerance policy for the use of its
network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or
charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients are
permitted.
Unauthorized
access: Use
of Virtual-Comm service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Virtual-Comm or another
entity's computer software or hardware, electronic
communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss of
data, is expressly prohibited and the offending Virtual-Comm
account is subject to immediate termination.
Copyright
or trademark infringement: Use
of Virtual-Comm service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
Collection
of personal data:
Use of Virtual-Comm service to collect, or attempt to
collect, personal information about third parties without
their knowledge or consent.
Network
disruptions and unfriendly activity:
Use of Virtual-Comm service for any activity
which affects the ability of other people or systems to use
Virtual-Comm Services or the Internet. This includes
"denial of service" (DOS) attacks against another
network host or individual user. Interference with or
disruption of other network users, services or equipment is
prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use
their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or
inaction, to be configured in such a way that gives a third
party the capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use of
another company and/or individual's computer system will
result in immediate account termination. Virtual-Comm will
not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption
or loss of data.
Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the
person receiving it will act upon it.
Infringement
of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right:
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Distribution
of Viruses:
Intentional distributions of software that attempts to
and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such an
offense will result in the immediate termination of the
offending account.
Inappropriate
Use of Software:
Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using Virtual-Comm
services could result in suspension service.
Third
Party Accountability:
Virtual-Comm subscribers will be held responsible and
accountable for any activity by third parties, using their
account, that violates guidelines created within the
Acceptable Use Policy.
Violation
Of Virtual-Comm Virtual Accounts: It
is absolutely forbidden to host pornographic content or IRC
servers on any accounts. Accounts found hosting this
material will be subject to immediate cancellation without
refund.
IRC
networks: It is
absolutely forbidden to host an IRC server that is part of
or connected to another IRC network or server.
Servers/hosting found to be connecting to or part of these
networks will be immediately removed from our network
without notice. The server/hosting will not be reconnected
to the network until such time that you agree to completely
remove any and all traces of the irc server, and agree to
let us have access to your server to confirm that the
content has been completely removed. Any server/member
guilty of a second violation will result in immediate
account termination.
Banned
Scripts :
The following scripts are banned from use on our shared and
reseller hosting and may not be uploaded or run. Reasons for
banning them include adverse effects on server load,
invitations to hackers/spammers/criminal activity, etc.
IRC
egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's
Script Archive are
not allowed. See Here
Security
You
are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to
ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized
access to another network or server.
Your
password provides access to your account. It is your
responsibility to keep your password secure.
Sharing
your password and account access with unauthorized users
is prohibited. You should take care to prevent others from
using your account since you will be held responsible for
such use.
Attempting
to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must
adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You
may not attempt to circumvent user authentication or
security of any host, network or account. This includes,
but is not limited to, accessing data not intended for
you, logging into or making use of a server or account you
are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples
of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing
tools.
You
may not attempt to interfere with service to any user,
host or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users
who violate systems or network security may incur criminal
or civil liability. Virtual-Comm will cooperate fully with
investigations of violations of systems or network
security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations.
Network
Performance
Virtual-Comm
accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have a
negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is
prohibited by this policy and may result in termination of
your account.
You
are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively
impact other customers or the performances of Virtual-Comm
systems or networks. Virtual-Comm reserves the right to
terminate or limit such activities.
REPORTING VIOLATIONS
OF Virtual-Comm AUP
Virtual-Comm requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse
Department at abuse@Virtual-Comm.com.
If available, please provide the following
information:
The IP
address used to commit the alleged violation
The date
and time of the alleged violation, including the time zone
or offset from GMT
Evidence
of the alleged violation
E-mail
with full header information provides all of the above, as do
system log files. Other situations will require different
methods of providing the above information. Virtual-Comm may
take any one or more of the following actions in response to
complaints:
Issue
written or verbal warnings
Suspend
the Member's newsgroup posting privileges
Suspend
the Member's account
Terminate
the Member's account
Bill the
Member for administrative costs and/or reactivation
charges
Bring
legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO
THIS ACCEPTABLE USE POLICY
Virtual-Comm
reserves the right to revise, amend, or modify this AUP, our
TOS (Terms of Service) and our other policies and agreements
at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with
our TOS (Terms of Service).
Copyright
1999/2003 Virtual-Comm.com
TOS
TOS
(Terms of Service)
IMPORTANT
NOTICE: *All
Payments To Virtual-Comm.com (Virtual-Communications LLC) for
Domain Registration(s) and Dedicated Servers Are
Non-Refundable*
Virtual-Comm.com
("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Virtual-Comm Service constitutes acceptance and
agreement to Virtual-Comm AUP as well as Virtual-Comm TOS
(Terms of Service).
All
provisions of this contract are subject to the TOS (Terms of
Service) of Virtual-Comm (Virtual-Communications LLC) and AUP
(Acceptable Use Policy). 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.
This Agreement shall be construed in all respects in
accordance with the laws of the state of Texas, county of
Harris applicable to contracts enforceable in that state.
Venue will be Harris County, Texas
Disclosure
to Law Enforcement:
The
AUP specifically prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that the
Company may disclose any and all subscriber information
including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the
Subscriber. In addition Virtual-Comm shall have the right
to terminate all service set forth in this Agreement.
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. The promotional offer is contingent upon
Company achieving and maintaining its cost of service
goals including but not limited to rates charged to
company by its suppliers.
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 for that month's
service. The above applies to all accounts and services
provided by Virtual-Comm.
Payments
and Fees:
Credit
cards that are declined for any reason are subject to a
$1.00 declination fee. Service will be interrupted on
accounts that reach 30 days past due. Service interrupted
for nonpayment is subject to a $10 reconnect charge.
Accounts not paid by due date are subject to late fees.
Accounts that are not collectable by Virtual-Comm may be
turned over to an outside collection agency for
collection. If your account is turned over for collection,
you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than
$250. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Refund
and Disputes:
All
payments for domain registration and dedicated servers to
Virtual-Comm (Virtual-Communications LLC) are
nonrefundable. This includes the one time setup fee and
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 Virtual-Comm sole discretion
is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay Virtual-Comm an "Administrative
Fee" of not less than $50 and not more than $150.
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. Paypal Subscription Cancellations: If you
subscribed to our hosting plan with Paypal payments and if
we get notice from paypal.com regarding your subscription
cancellation, we have full right to suspend your hosting
account till the subscription is reinstated. Virtual-Comm.com
do not host websites with cancelled subscriptions.
Account
Cancellation:
Requests
for canceling accounts may be made in writing or email
with at least 30 days notice Or you may call in your
cancellation request to 1-315-703-0123 with the
information listed here: Click
Here
You must have all account information to cancel. We do not
cancel accounts via our Live chat, helpdesk or any other
way due to security reasons besides the ones listed above.
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.
Transfer
of Domains Registrar:
New
webhosting accounts which involve the transfer of a domain
from another provider /registrar to Virtual-Comm.com will
require a minimum of seven (7) days to be set up and
entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a
specific transfer may take. If the transfer of the domain
is done by Virtual-Comm.com on behalf of the account
holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason,
all charges are considered earned.
SPAM
and Unsolicited Commercial Email (UCE):
Virtual-Comm
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 Virtual-Comm
may not use or permit others to use our network to
transact in UCE. Customers of Virtual-Comm 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 Virtual-Comm SPAM policy will result in severe
penalties. Upon notification of an alleged violation
of our SPAM policy, Virtual-Comm will initiate an
immediate investigation (within 48 hours of
notification). During the investigation, Virtual-Comm
may restrict customer access to the network to prevent
further violations. If a customer is found to be in
violation of our SPAM policy, Virtual-Comm may, at its
sole discretion, restrict, suspend or terminate
customer's account. Further, Virtual-Comm reserves the
right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. Virtual-Comm 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. Users who violate this
policy agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour
that Virtual-Comm personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As
our Customers are ultimately responsible for the
actions of their clients over Virtual-Comm network, it
is advisable that Customers develop a similar, or
stricter, policy for their clients.
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 server/hosting account
immediately removed from our network. The server/hosting
account will not be reconnected 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 server to confirm that all
material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal
of the server/hosting account from our network without
notice to the customer. Any server/hosting account guilty
of a second violation WILL be immediately and
permanently removed from our network without notice.
Network
IP
Address Ownership:
If
Virtual-Comm assigns Customer an Internet Protocol
address for Customer's use, the right to use that
Internet Protocol address shall belong only to
Virtual-Comm, and Customer shall have no right to use
that Internet Protocol address except as permitted by
Virtual-Comm in its sole discretion in connection with
the Services, during the term of this Agreement.
Virtual-Comm shall maintain and control ownership of
all Internet Protocol numbers and addresses that may
be assigned to Customer by Virtual-Comm, and Virtual-Comm
reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new
policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible.
We will periodically review IP address usage, and if
we find that clients are using IP addresses where
name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be
used with name-based hosting.
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"). Virtual-Comm will monitor
Customer's bandwidth and disk usage. Virtual-Comm
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
Virtual-Comm sole and absolute discretion. If Virtual-Comm
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. In the event
that a customer exceeds the included allocation,
Virtual-Comm may, at its sole discretion, collect a
deposit, in an amount determined by Virtual-Comm,
against customer's credit card on file with Virtual-Comm.
System
and Network Security:
Users
are prohibited from violating or attempting to violate
the security of Virtual-Comm Network. Violations of
system or network security may result in civil or
criminal liability. Virtual-Comm 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:
Virtual-Comm
is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related
activities.
First
violation: Any User, which Virtual-Comm determines to
have violated any element of this Acceptable Use
Policy, shall receive an email, warning them of the
violation. The service may be subject at Virtual-Comm
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
Second
Violation:
Users
that Virtual-Comm determines to have committed a
second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or
termination of service without further notice.
We
reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it
is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if
open relays are on your network or a customer's
network, or if denial of service attacks are
originating from your network. In certain rare cases,
we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is
feasible.
Suspension
of Service or Cancellation:
Virtual-Comm
reserves the right to suspend network access to any
customer if in the judgment of Virtual-Comm network
administrators the customer's server is the source or
target of the violation of any of the other terms of the
AUP or for any other reason which Virtual-Comm 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 machines
were suspended.
Virtual-Comm
reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of Virtual-Comm
must adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or
otherwise called Acceptable Terms of use policy.
Indemnification:
Virtual-Comm wishes to emphasize that in agreeing to
Virtual-Comm Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies Virtual-Comm for any
violation of the Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to Virtual-Comm or the
bringing of any claim against Virtual-Comm by any
third-party. This means that if Virtual-Comm is sued
because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded
against Virtual-Comm, plus all costs and attorney's fees.
LIMITATION
OF LIABILITY:
Virtual-Comm (Virtual-Communications LLC) shall not be
responsible for any claimed damages, including incidental
and consequential damages, which may arise from Virtual-Comm
servers going off-line or being unavailable for any reason
whatsoever. Furthermore, Virtual-Comm shall not be
responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or
deletion of any web site from one of Virtual-Comm servers.
All damages shall be limited to the immediate termination
of service. Violations of these Acceptable Uses Policies
should be referred to abuse@Virtual-Comm.com. All
complaints will be investigated promptly.
Miscellaneous
Provisions:
You
must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone 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.
Virtual-Comm
takes no responsibility for any material input by
others and not posted to Virtual-Comm Network by
Virtual-Comm. Virtual-Comm is not responsible for the
content of any other websites linked to Virtual-Comm's
Network; links are provided as Internet navigation
tools only. Virtual-Comm 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.
Virtual-Comm
is not responsible for any damages your business may
suffer. Virtual-Comm does not make implied or written
warranties for any of our services. Virtual-Comm
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 caused by Virtual-Comm.
It
is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will be
subject to immediate cancellation without refund.
Responsibility
for Content:
You,
as a Virtual-Comm customer, are solely responsible for the
content stored on and served by your Virtual-Comm account.