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 Voice or 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).

Before any services are activated all applications are subject to approval by our staff and applicants subscribing to Virtual Communications services are bound by and agree to the following Terms and Conditions, followed by our Acceptable Use Policy.

IMPORTANT NOTICE: *All Payments To Virtual Communications for Dedicated Servers, Design Services, Domain Name Registrations, SSL, and Voice Services 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 we provide, 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 the Virtual-Comm Acceptable Use Policy.
The following are guidelines for our establishment and enforcement of the Virtual Communications Acceptable Use Policy.

• Ensure reliable of 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

We intend to provide our customers access to everything the Internet has to offer. While we firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of Virtual-Comm and the Internet are limited, and the abuse of these resources by one user may have 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 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 the service we provide you with 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:

1. 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.
   

2. 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 or child solicitation.
   

3. Threats/Harassment: Use of Virtual-Comm service to transmit any material (by website, e-mail or telephone. uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property or that harasses another. Our services may only be used for lawful purposes. Applicant is expressly prohibited from using the services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law.
   

4. Rates and Charges: Rates, Charges and service fee's for our services can be found on our website. All charges for services will be debited to the credit card provided by the Applicant on the due date located on your account. If the credit card or other form of payment is denied and we are unable to collect payment for 30 days or more, your service may be limited or temporarily suspended. Some services provided by Virtual-Comm may require payment before the expiration date. If payment is not secured prior to the expiration date of the product or service offered a re-activation fee may be required to enable the service again. Some services provided by Virtual-Comm are not solely owned by Virtual-Comm and the payment may be required by a 3rd party to keep your service active, those are the most important charges to have paid in full due to the difficulty in negotiation of the re-activation charges imposed by the 3rd party service provider. OVERDUE PAYMENTS MUST BE MADE WITHIN 60 DAYS OR SERVICE MAY BE TERMINATED. Applicant agrees to pay overdue charges plus reconnection fee of $5.00 or more if the account in question has exceeded 60 Days Non-Payment status and or has been temporarily disabled. Processing charges may apply if a payment is declined ($2 per credit card decline, $20 per returned EFT and $25 per returned check). Applicant’s submission of this Application and overall use of service is acknowledgment of stated terms and Client/Customer attests to financial responsibility, ability and willingness to pay invoices within the stated terms and conditions. The above applies to all accounts and services provided by Virtual-Comm.

5. Fraudulent activity: Use of the 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." as well as prank calling, junk mailing, spam mailing or any fraudulent, illegal or annoying telephone activity, including fax solicitations.
   

6. 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.
   

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail or Telephone calls(SPAM): Use of Virtual-Comm service to transmit any unsolicited commercial or unsolicited bulk e-mail or telephoning 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.
   

8. 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.
   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.
   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.
   

9. 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 account is subject to immediate termination.
   

10. 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.
    

11. 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.
    

12. 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 of them selves or others, 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 network or account 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.
    

13. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
    

14. 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.
    

15. 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.
    

16. 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.
    

17. 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.
    

18. 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.
    

19. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server hosting the IRC connection 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.

20. 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

21. Network Performance
    Some of the services we offer 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's services or network operation. Virtual-Comm reserves the right to terminate or limit such activities.

22. Excessive Usage:  Virtual Communications is proud to offer a wide range of services including but not limited to Dialup, Domain Names, Web hosting and Voice Services. 

    1. Web hosting accounts that exceed their monthly bandwidth limits will be suspended automatically by the server until the new billing month for your account. In this time your website may not load but instead display a page that will explain that your site is unavailable due to exceeding your bandwidth limit. You may purchase more bandwidth for your site at an additional charge by contacting sales or support. Web Hosting accounts that use an excessive amount of bandwidth and cause network operation failures are subject to suspension until contact can be made with the user and limitations on excessive server usage can be agreed upon. 

    2. Dialup accounts That exceed more then 500 Hours of usage a month may be reviewed and canceled if found that more then one family is using your account.

    3. Voice Services offer an unlimited talk time with no per minute toll charge to calls made in the united states and unlimited incoming talk time. Voice accounts that exceed 11,000 minutes per month will be reviewed for excessive usage and recommended to signup for business service. (11,000 minutes per month is comparable to 6+ hours of talk time per day for 30 days.)

23. 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 user account, 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 or circuit, and attempts to cause service troubles to another host or service provider.

• 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.

 

REPORTING VIOLATIONS OF THE 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 and or email 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, caused by violations to another service providers Terms of Service or Acceptable Use Policy.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Virtual-Comm reserves the right to revise, amend, or modify this AUP/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).

TOS (Terms of Service)

IMPORTANT NOTICE:
*All Payments To Virtual Communications for Dedicated Servers, Design Services, Domain Name Registrations, SSL and Voice Services are Non-Refundable*

Virtual Communicatuins (Virtual-Comm "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 changes to the TOS or 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 Connecticut, enforceable by the Fairfield county court system.

1. 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 usage, 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 any and all services to the subscriber at any time for any illegal activity or violation set forth in this Agreement.

2. 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 the company by its suppliers. In the event of service pricing increase or decrease should happen the Company will notify the user within 30 days of the change and those who have paid for extended service dates of 3 months or more will be honored at the same price or compensated for any inconvenience at the discretion of the Company sales employee and not to exceed 2 months free credit of any service type.

3. Payment:

Establishment of service is dependent upon receipt by the Company of payment of stated charges for the first month of service or any signup/setup fees. Subsequent payments are due on the anniversary date of the month for that month's service. Other payment options are available such as Quarterly and Yearly, but if your account has not been paid in full prior to the expiration date of service we may not re-register your services for another billing month or year. As stated previously in the A.U.P.  "Rates, Charges and service fee's for our services can be found on our website. All charges for services will be debited to the credit card provided by the Applicant on the due date located on your account. If the credit card or other form of payment is denied and we are unable to collect payment for 30 days or more, your service may be limited or temporarily suspended. Some services provided by Virtual-Comm may require payment before the expiration date. If payment is not secured prior to the expiration date of the product or service offered a re-activation fee may be required to enable the service again. Some services provided by Virtual-Comm are not solely owned by Virtual-Comm and the payment may be required by a 3rd party to keep your service active, those are the most important charges to have paid in full due to the difficulty in negotiation of the re-activation charges imposed by the 3rd party service provider. OVERDUE PAYMENTS MUST BE MADE WITHIN 60 DAYS OR SERVICE MAY BE TERMINATED. Applicant agrees to pay overdue charges plus reconnection fee of $5.00 or more if the account in question has exceeded 60 Days Non-Payment status and or has been temporarily disabled. Processing charges may apply if a payment is declined ($2 per credit card decline, $20 per returned EFT and $25 per returned check). Applicant’s submission of this Application and overall use of service is acknowledgment of stated terms and Client/Customer attests to financial responsibility, ability and willingness to pay invoices within the stated terms and conditions. The above applies to all accounts and services provided by Virtual-Comm."

4. Payments and Fees:

Credit cards that are declined for any reason are subject to a $2.00 declination fee. Service will be interrupted on accounts that reach 60 days past due. Accounts not paid by due date are subject to late fees. Service interrupted for nonpayment is subject to a $5 reconnect charge. 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 be responsible for any "Processing and Collection" fees. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Services provided by 3rd party providers including but not limited to: Domain Name Services and SSL may have other late or re-activation charges associated with the restoration of service, those prices are non negotiable and non refundable and not owed by VIrtual-Comm but passed on to the customer if they wish to restore service.

5. Refund and Disputes:

All payments for dedicated servers, design services, domain name registrations, SSL and voice services 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 to our billing department within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Virtual-Comm's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Virtual-Comm for any damages or fees incurred resulting from those actions. If you feel you are owed a refund, you may contact our billing center and discuss the matter with a trained billing representative and if your account shows limited usage or if the charged amount has not already been used to supply service to the customer we will arrange a credit or full refund at that time if possible.  All other requests must be handled by our (20) (30), or (60) Day refund trials unless your specific order has other underlining terms.

6. 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 receive notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. Virtual-Comm does not host websites with cancelled subscriptions.  We may however leave a customers account active for a number of days to allow new billing arrangements to me made.

7. Account Cancellation:

We do not cancel accounts on our website, by email or online chat due to security reasons. 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 customer service. You must have all account information to cancel.

 

8. 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.

9. Transfer of Domain Registrar:

New web hosting accounts which involve the transfer of a domain from another provider /registrar to Virtual-Comm will require a minimum of seven (2) 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 properly by your provider your domain should transfer freely to our service within 72 hours max, you should receive no downtime within this transfer if everything is setup and transferred properly.. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

10. 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.

1. 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 Communications, at its sole discretion, may or may not, restrict, suspend or terminate a 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.

2. First violations of this policy will result in an Suspension and or fine and your account will be reviewed for possible indefinite termination. A second violation will result in an "Administrative Fee" or lawsuit 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 $75 per hour that Virtual-Comm personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

3. 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 account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

11. Network:

1. 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's 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. 
   

2. System and Network Security:

   Users are prohibited from violating or attempting to violate the security of the 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:
   

   1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      

   2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      

   3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
      

   4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      

   5. Taking any action in order to obtain services to which such User is not entitled.

    

3. IP Address Ownership:

   If Virtual-Comm assigns a 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.

12. Notification of Violation:

1. Virtual-Comm is under no duty to look at each customer or user activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our TOS / AUP to monitor or police our users activities unless a complaint has been filed and the proper procedures have been taken.

2. First violation: Any User, which Virtual-Comm determines to have violated any element of this Acceptable Use Policy, shall receive an email and or telephone call warning them of the violation. The service may be subject at Virtual-Comm's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

3. Second Violation: Users that Virtual-Comm determines to have committed a second violation of any element of the TOS / AUP shall be subject to immediate suspension or termination of service without further notice or warnings.

4. 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 account. 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 possible.

15. Responsibility for Content:

You, as a Virtual-Comm customer, are solely responsible for the content stored on and served by your Virtual-Comm account.

16. NO WAIVER: The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.

17. SERVE- ABILITY: If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

18. Control: Virtual-Comm has no control over the content of the information transmitted through its accounts. We do not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through any account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through an account, or (iii) assume any liability for any material distributed through an account which is distributed in violation of any third party’s copyright or other intellectual property right. Virtual-Comm Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law.

Rev. 05/2009
Copyright 1999/2019 Virtual-Comm.com