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TERMS OF SERVICE AND PRIVACY STATEMENT

 

This Web Site Hosting Agreement ('Agreement') is by and between Virtualwebstudio, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Virtualwebstudio Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Virtualwebstudio. By using Virtualwebstudio's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Virtualwebstudio may establish from time to time. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Virtualwebstudio, whether or not the transactions were in your behalf.
To complete the registration process, you must read this entire agreement.

 


1. FEES

As consideration for the services purchased by You and provided to You by Virtualwebstudio, You agree to pay Virtualwebstudio monthly or yearly fees. Payment is to be made by You providing a valid credit card for charge by Virtualwebstudio, and is NON-refundable after 30 days money-back guarantee period. All setup and domain name registration fees are NON-refundable. If for any reason Virtualwebstudio is unable to charge your credit card with the full amount of the service provided, or if Virtualwebstudio is charged back for any fee it previously charged to the credit card You provided, You agree that Virtualwebstudio may pursue all available remedies in order to obtain payment
You agree that You will be responsible for notifying Virtualwebstudio should you desire to terminate Your use of Virtualwebstudio's Web Hosting services. Notification of Your intent to terminate must be provided to Virtualwebstudio no earlier than 10 days prior to You billing date but no later than three days prior to Your billing date. In the absence of notification from You, Virtualwebstudio will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Virtualwebstudio, at Virtualwebstudio's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Virtualwebstudio hosting servers is Your responsibility. Virtualwebstudio will not transfer or FTP Your web site to another provider.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Virtualwebstudio is providing Web Hosting services to You.

You agree that Virtualwebstudio may modify this Agreement from time to time. Virtualwebstudio may also discontinue services it provides under this Agreement. You agree to be bound by any changes Virtualwebstudio may reasonably make to this Agreement when such changes become effective.

3. DESCRIPTION OF SERVICE

Virtualwebstudio currently provides Web Hosting services to its customers for a monthly or yearly fee. Virtualwebstudio will host Your web site on Virtualwebstudio's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Virtualwebstudio's policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Virtualwebstudio.


4. YOUR OBLIGATIONS

You agree that You have provided accurate, current and complete information in the application process and that You will notify Virtualwebstudio within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Virtualwebstudio to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Virtualwebstudio has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Virtualwebstudio has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.
You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Virtualwebstudio will not be used in connection with any illegal activity.

5. Virtualwebstudio'S RIGHTS

Virtualwebstudio explicitly reserves the right and sole discretion to:
a. Censor any web site hosted on its Web Hosting servers that, in Virtualwebstudio's sole discretion, is deemed inappropriate;
b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
c. Modify its pricing through email notification;
d. Terminate Your Web Hosting service for prohibited uses.

PROHIBITED USES:

Users may not:
1. Utilize the Services to send mass unsolicited e-mail to third parties.

2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
Utilize the Services in any manner that violates applicable law
3.Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:
Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise  violates the privacy rights of any person.

Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law
4.Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

Utilize the Services to cause denial of service attacks against Virtualwebstudio or other network hosts or Internet users or to otherwise degrade or impair the operation of Virtualwebstudio's servers and facilities or the servers and facilities of other network hosts or Internet users;

Post messages or software programs that consume excessive CPU time or storage space;

Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;

Utilize the Services to resell access to CGI scripts installed on Virtualwebstudio’s servers;

Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Virtualwebstudio systems, facilities or equipment;

Utilize the Services to gain unauthorized access to the computer networks of Virtualwebstudio or any other person;

Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);

Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;

Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);

Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

Utilize the Services in any manner that might subject Virtualwebstudio to unfavorable regulatory action, subject Virtualwebstudio to any liability for any reason, or adversely affect Virtualwebstudio’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Virtualwebstudio in its sole discretion; or

Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

You agree to indemnify and hold harmless Virtualwebstudio for any complications arising out of Your use of Virtualwebstudio's Web Hosting services, including actions Virtualwebstudio chooses to take to remedy Your improper or illegal use of a web site hosted by Virtualwebstudio. You agree You will NOT be entitled to a refund of any fees paid to Virtualwebstudio if, for any reason, Virtualwebstudio takes corrective action with respect to Your improper or illegal use of its Web Hosting services


6. LIMITATION OF LIABILITY

You agree that Virtualwebstudio's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Virtualwebstudio to You under this Agreement, and for any breach of this Agreement by Virtualwebstudio, shall be limited to the fees You paid to Virtualwebstudio for Web Hosting services

7. INDEMNITY

You agree to release, defend, indemnify and hold harmless Virtualwebstudio and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Virtualwebstudio and/or Your use of the Web Hosting services provided by Virtualwebstudio.

8. DISCLAIMER OF WARRANTIES.

Virtualwebstudio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT


9. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect

10. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from Virtualwebstudio to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Virtualwebstudio. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Virtualwebstudio shall be made either by email, sent to the address we provide on our web site, or first class mail to our address

11. PRIVACY STATEMENT

Privacy is a very serious matter for Virtualwebstudio. It is true that in order to process your request, we must know basic contact information such as your full name, address, e-mail address, and method of payment. All required information is kept internally and is never shared with third parties. We will never give, lease, sell or otherwise disclose your personal information. The emails you supply will never be given to a third party and you will not receive unsolicited emails as a result of selling the email lists.

If you have any questions regarding our privacy policy, please email us on sales@virtualwebstudio.com with the subject line "Privacy Policy".

 

 


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