Terms of Service
THIS AGREEMENT between Valley Web Networks (hereinafter referred to as "VWN") and Account Holder (hereinafter referred to as "User")
WHEREAS VWN provides the service (the "Service") of hosting World-Wide-Web sites in exchange for valuable consideration by the User;
AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) VWN and User agree as follows:
1. The Service.
VWN agrees to provide User with storage space on the VWN server for the purpose of hosting a world-wide-web site (the "Site") in the prescribed amount stated on www.ValleyWebNet.com.
2. Limitations.
The Service is subject to the following limitations:
1. CPU Resources.
User acknowledges that the Service is provided on a shared server environment and agrees not to engage in any activity that could overwhelm the servers with heavy CPU usage or that requires a disproportionate amount of the resources of the VWN servers, including without limitation, use of highly active CGI scripts or chat scripts;
2. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
2. pornography;
3. content that exploits children under 18 years of age;
4. hate propaganda;
5. racist, threatening, or otherwise abusive content;
6. the promotion or incitement of, or instruction for, the commission of illegal activities;
7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
8. content prompted through the sending of unsolicited e-mail (also known as spamming);
9. sending of unsolicited e-mail (spam) from the VWN server, or any other server that refers to content on the VWN server, or sending such e-mail with a VWN' hosted Web site listed as the contact address;
10. warez, cracks, hacks, spam software & their associated utilities;
11. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
3. Idem.
User agrees that VWN is not responsible for content on pages hosted on member sites and acknowledges that VWN does not endorse or verify any such material;
4. Idem.
User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site;
5. Backup and Monitoring.
User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;
6. Notice to Officials.
If VWN determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that VWN may provide copies of User's web pages to the appropriate officials without notice to user. VWN will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
7. Policies and Guidelines.
User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by VWN anywhere on the site www.ValleyWebNet.com ;
8. Bandwidth.
USER agrees to be bound by the restrictions pertaining to allowable bandwidth data transfer on a per-month basis as stated on www.ValleyWebNet.com ; In the instance of any VWN paid hosting plan, where USER exceeds the bandwidth limit, USER may choose to upgrade to a more suitable plan or pay a over useage fee of $2.50 per 1GB used. VWN will reasonably cooperate with USER in such instances. However, if USER refuses to either upgrade USER's plan or pay for excess bandwidth usage, VWN will have the right to deactivate USER's Web site with no compensation to USER. Bandwith usage must be directly related to actual website and web administration usage. Efforts to abuse bandwidth usage may result in termination of site.
9. Disk Space
Disk space allotments are for use directly related to website and relevant website files only. Efforts to abuse disk space usage may result in termination of site.
3. Email Services
In the instance of VWN Email Services, the following provisions apply:
1. Responsibility of the User.
User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of VWN; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any of that kind of content; or (f) refer to or contain any matter referred to in paragraph 3d of this Agreement.;
2. Spamming is Prohibited.
VWN will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. VWN reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's account may be terminated without notice. User shall also be liable for a penalty of $1000 per incidence;
3. Privacy of User's Mailbox.
VWN considers User's registration data and the content of all User's messages to be private. Messages that User sends will be received with User's name and Internet Protocol (IP) address contained within the header of the e-mail message. VWN will not intentionally monitor or disclose any of User's email messages or registration data unless VWN believes in good faith that VWN is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend VWN in any action, or (iv) to protect VWN property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User's passwords, VWN encourages user to change passwords frequently and to not share them with anyone;
4. Personal Use.
User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify VWN immediately if User becomes aware of any unauthorized use of mailbox;
5. Proprietary Rights.
User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.
6. Outgoing e-mail.
In the instance of the VWN paid hosting plans is restricted to e-mailing a maximum of 1000 messages per day. Where USER exceeds their daily limit, outgoing USER e-mail will be suspended indefinitely.
4. Amendments.
User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by VWN anywhere on the site www.ValleyWebNet.com .
5. No Representations or Warranties.
The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
1. VWN is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
2. VWN makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
3. VWN makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
4. VWN may link to or include on its Web resources, information provided by third party partners and providers. VWN does not guarantee or warrant the reliability of this information nor does VWN recommend any of these services;
5. User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis.
6. VWN makes no warranty the E-mail services will meet User's requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does VWN make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
7. User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
8. VWN makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
9. No advice or information, whether oral or written, which User obtains from VWN or through the E-mail services shall create any warranty not expressly made herein.
6. Limitation of Liability.
VWN is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the VWN server; or losses or damages arising from the use of the content or services provided by VWN. For greater certainty and without limitation to the generality of the foregoing:
1. VWN liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to VWN, if any, for the prior 12 months;
2. in no event will VWN be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
3. VWN, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
4. in no event shall VWN be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
5. In no event shall VWN be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
7. Indemnity.
User agrees to indemnify and hold VWN harmless from and against, and to reimburse VWN with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by VWN by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libellous, or defamatory content on the Site.
8. Termination.
1. Either VWN or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
2. VWN may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
1. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by VWN anywhere on the site www.ValleyWebNet.com ;
2. User engages in conduct or posts material on the Site that VWN in its sole discretion believes is harmful to other Users, the business of VWN or any third-party;
3. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the VWN server;
4. User disputes the terms of this Agreement or any amendment set out, from time to time, by VWN anywhere on the site www.ValleyWebNet.com;
5. VWN receives any complaints regarding User or the Site from any other Users or third parties.
3. In the instance of VWN paid services, the following conditions apply where this Agreement is terminated by User:
1. All paid hosting plans are subject to an unconditional 30 (thirty) day money-back guarantee. Any premium service package cancelled within 30 (thirty) days of activation will be refunded in full less a $4 USD (four U.S. dollars) set-up fee, domain registration fees and any additional shipping and handling charges;
2. The refund policy described in sub-paragraph c.i. does not apply to any additional services including but not limited to domain name registration, domain name pointing, additional e-mail accounts, additional disk storage space or additional data transfer;
3. In the instance of any VWN plan where User receives domain name registration as part of hosting plan, a $20 USD (twenty U.S. dollar) registration fee will be held upon cancellation of plan. User will maintain ownership of said domain name and may transfer name to a third party;
4. All requests for cancellation must be submitted in writing via email. Receipt of such request will be confirmed by VWN;
5. Cancellation requests made by telephone will not be accepted by VWN; and
6. Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in paragraph 9c.
4. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
9. Assignability.
This Agreement is assignable to a third party by VWN, with notice to User. Such notice shall be made known on the Web site http://www.ValleyWebNet.com.
10. General.
1. Consent to Breach Not Waiver.
No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
2. Governing Law.
This Agreement is governed by and construed in accordance with the applicable laws of the Commonwealth of Virginia and the federal laws of the United States and is treated in all respects as a Virginia contract.
3. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
4. Entire Agreement.
This Agreement, together with all policies, guidelines and amendments set out, from time to time, by VWN anywhere on the site www.ValleyWebNet.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
5. Survival.
Any terms and conditions of this Agreement, which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), Article 9 (Assignability) and this Article 10 (General).
6. Headings.
The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
7. Remedies Cumulative.
Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.
8. Counterparts or Electronic Acceptance.
This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.
11. Payment Policies.
In the instance of the VWN paid hosting services, the following provisions apply:
1. Payment.
Payment must me made in full for the entire term selected prior to account activation.
2. Billing Cycle.
User's billing cycle corresponds to contract length initially chosen during setup. User's account will automatically renew at this length.
3. Dormant Accounts.
User accounts that remain unpaid after expiry date will be considered dormant and hosting service will be suspended until payment has been made.
4. Automated Billing.
User's credit card will be billed 5 days prior to expiry date. If credit card fails, service will be suspended and e-mail notification will be sent to user. If payment is not submitted within 7 days account is deleted and all future billing will stop.
12. Right to Refuse Service.
VWN reserves the right to refuse services to any User in the event that User does not abide by the provisions set out in this Agreement. If VWN deems the User to be a hindrance on business, the User will be "blacklisted" and VWN will not in the future, provide any services to User. In any such event, VWN will give User 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.