TERMS OF SERVICE

TERMS OF SERVICE (TOS)

IMPORTANT NOTICE: *All payments to VPHost are non-refundable after the first 30 days period is over*

VPHost ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of any VPHost service constitutes acceptance and agreement to VPHost's AUP as well as VPHost's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of VPHost 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.

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 VPHost 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. You will continue to pay the price set forth at your time of
signup for the length of the selected service.
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 VPHost.
Payments and Fees: Service will be interrupted on accounts that reach 3 day (72 hours) past due. Service
interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to a
$8 late fee. Accounts that are not collectable by VPHost 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 $150. 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 to VPHost 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
VPHost's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree
to pay VPHost 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.
Account Cancellation: All requests for canceling accounts must be submitted with at least 7 days notice. Please
remember, there are no refunds. You must have all account information to cancel.
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: New webhosting accounts which involve the transfer of a domain from another provider to
VPHost will require a minimum of 24 hours to be set up and entered into our DNS servers. Due to the
unpredictable nature of the transfer process (which VPHost has no control over), no guarantees are
made regarding the amount of time a specific transfer may take (generally takes between 48-72 hours).
VPHost cannot and will not be responsible for the transfer of your data from your previous provider
to our servers, you are responsible for your own data.
Support Boundaries: VPHost provides technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit our technical support to our area of expertise.
The following is our guidelines when providing support: VPHost provides support related to your
account functioning. VPHost does not offer tech support for application specific issues such as cgi
programming, html or any other such issue. VPHost does not provide technical support for YOUR
customers (if you're a reseller or such). We encourage you to check the FAQ database before submitting a trouble
ticket.
SPAM and Unsolicited Commercial Email (UCE): VPHost 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
VPHost may not use or permit others to use our network to transact in UCE. Customers of
VPHost 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 VPHost's SPAM policy will result in severe penalties. Upon notification of an alleged
  violation of our SPAM policy, VPHost will initiate an immediate investigation (within 48 hours of
  notification). During the investigation, VPHost may restrict customer access to the network to
  prevent further violations. If a customer is found to be in violation of our SPAM policy, VPHost
  may, at its sole discretion, restrict, suspend or terminate customer's account. Further, VPHost
  reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated
  policy violation. VPHost 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 "Administrative Fee" of $10 and your account will be reviewed
  for possible immediate termination. A second violation will result in an "Administrative Fee" of $20 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 VPHost
  personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Customers (resellers) are ultimately responsible for the actions of their clients over the
  VPHost network, it is advisable that Customers develop a similar, or stricter, policy for their
  clients.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, any website/account that is found to support spammers or cause any of
our IP space to be listed in any of the various Spam Databases will have their account immediately removed from
our network. The 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 account to confirm that
all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the
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.
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"). VPHost will
  monitor Customer's bandwidth and disk usage. VPHost 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 VPHost's sole and absolute discretion. If
  VPHost 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,
  VPHost may, at its sole discretion, collect a deposit, in an amount determined by
  VPHost, against customer's credit card on file with VPHost.
  Reseller Note: While we allow overselling on accounts, please know your limit, we do charge overage uses.
  -$1.50 / Month / GB of Bandwidth & $1.30 / Month / 500 MB of Space.
2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the
  VPHost Network. Violations of system or network security may result in civil or criminal liability.
  VPHost 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.
    
    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.
  2. Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
1. VPHost 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.
2. First violation: Any User, which VPHost 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
  VPHost's discretion to a temporary suspension pending a User's agreement in writing, to refrain
  from any further violations.
3. Second Violation: Users that VPHost 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.
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
  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: VPHost reserves the right to suspend network access to any
customer if in the judgment of the VPHost network administrators the customer's account is the
source or target of the violation of any of the other terms of the AUP or for any other reason which
VPHost 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.
VPHost reserves the right to amend its policies at any time. All hosting accounts, resellers and
servers of VPHost 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: VPHost wishes to emphasize that in agreeing to the VPHost Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies VPHost for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to VPHost or the bringing
of any claim against VPHost by any third-party. This means that if VPHost is sued because
of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against
VPHost, plus all costs and attorney's fees.
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.
1. 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.
  
  VPHost takes no responsibility for any material input by others and not posted to the
  VPHost Network by VPHost. VPHost is not responsible for the content of
  any other websites linked to the VPHost Network; links are provided as Internet navigation tools
  only. VPHost 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.
  
  VPHost is not responsible for any damages your business may suffer. Besides our guarantee, VPHost does not
  make implied or written warranties for any of our services. VPHost 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 VPHost.
2. It is absolutely forbidden to host illegal pornographic content or IRC servers (run or connect) on any VPHost account.
  Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as VPHost's customer, are solely responsible for the content
stored on and served by your VPHost account.
Data Loss: Value Price offers a daily backup for free, but Value Price is not and will not be held
responsible for any data loss that may occur due to your (or any other person(s)) use or misuse of our services.
VPHost allows clients to back up their data through the provided control panel, subscribers are responsible to do their own backup.
Update 9/8/05: We utilize a backup program called Rsync (Information). Any files that is not present on "sender" will be remove
from the reciever when Rsync run the backup.