The policies and guidelines expressed herein
supplement the rights and obligations of the parties under the Service Agreement for
hosting services. This document establishes operating principles and acceptable use
policies as they relate to the Customer's use of the Internet and the connection/services
provided by VectraNet Communications to the Customer under the Service Contract Agreement.
1. SERVICE DESCRIPTION- VectraNet provides a dedicated server computer that is
integrated into the Internet. VectraNet provides its server as a gateway from the server
of various customers into the Internet, for which VectraNet charges a fee. After an
account has been setup and any data has been uploaded to the site,
VectraNet retains
judgment as to what refund if any is applicable in the event of a cancellation of
service.
2. SERVICE USAGE- A. Legal Parameters: This service may be
utilized only for lawful purposes, and the usage of the service in connection with or
adjunct to any matter or thing which violates any foreign, municipal, state, county or
federal statute or regulation is prohibited. Client agrees to indemnify and hold harmless
VectraNet from and against any and all claims, actions, causes of actions, administrative
or government action, losses or damages (including legal fees and expenses) arising from
the usage by client. B. Unilateral Service Revocation: In the event that
VectraNet, at any time, believes that the service is being utilized by the client in
contravention of the terms and provisions of this contract, VectraNet may, at its sole
discretion, immediately discontinue such service to client, without liability other than
for the refund of unearned prepaid service fees.
3. NO WARRANTIES- With respect to the service to be provided hereunder, client
acknowledges that VectraNet makes absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness of this service for a particular purpose.
As a result, client agrees that VectraNet shall not be liable to client or any of its
customers for any claims or damages which may be suffered by client or its customers,
including, but not limited to, losses or damages of any and every nature, resulting from
the loss of data, inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or service interruptions
whether or not caused by the fault or negligence of VectraNet. Client hereby agrees to
indemnity and hold harmless VectraNet from any and all claims of whatever nature brought
by any of clients customers against VectraNet.
4. USE OF INFORMATION- The utilization of any data or information received by
client or its customers from the utilization of the service to be provided by
VectraNet is
at client and its customer's sole and absolute risk. VectraNet specifically disclaims and
denies any responsibility for the completeness, accuracy or quality of information
obtained through the services to be provided hereby.
5. DOMAIN NAME- If VectraNet shall acquire an Internet Domain Name on behalf of
the client, then in such case the client hereby waives any and all claims which it may
have against VectraNet for any loss, damage, claim or expense arising out of, or in
relation to, the registration of such Domain Name in any on-line or off-line network
directories, membership lists or registration lists, or the release of the Domain Name
from such directories or lists following the termination of services by
VectraNet for any
reason. Any costs of VectraNet in obtaining or maintaining a domain name for client shall
be immediately reimbursed to VectraNet upon invoice from VectraNet to client.
6. SERVICE FEES AND INVOICING- Client shall pay the initial fees set forth
below, prior to the commencement of service. Thereafter, client shall be invoiced in
advance for a minimum three (3) month period, at least fifteen (15) days prior to the
expiration of the then current three (3) month period. Payment of the service fee is due
prior to the first day of said three (3) month period. In the event that client shall fail
to pay for such services in advance of that three (3) month period, then
VectraNet shall
be entitled to unilaterally terminate this agreement and discontinue the service of client
or the applicable account for which payment has not been received. The indemnification and
limits of liability provisions of paragraphs 2 and 3 shall survive any such termination.
Upon payment of the charges due hereunder, VectraNet may, at its sole discretion,
reinstitute service, at which time all terms and conditions of this contract shall
continue in full force and effect. Any service disconnection or suspension shall require a
$25 re-connect fee. Initial service and set-up fees are as follows: Additional fees, if
applicable, will be billed at the end of each month, with payment due within ten (10) days
thereafter: These fees are applicable for additional: disk space, data transfer,
POP3/forwarding email accounts or mail list services.
PAYMENT PLANS- Client shall have available the payment plans detailed within
this site.
Additional Terms- All support inquiries are to be initiated via email to:
support@VectraNet.net.
VectraNet will make
a diligent effort to resolve any problem related to VectraNet's hardware or supporting
software. Only after email inquiries have failed will VectraNet provide support via
telephone at (562)902-9022.
7. CANCELLATIONS- Any cancellation of services must be requested through the
VectraNet Communications Accounting office at 1-888-983-2872. Please have your user ID and
password available in order to process any request for cancellation.
VectraNet will
respond with a written confirmation via email that the cancellation request has been
received and processed. This procedure is designed to protect our customers against
unauthorized cancellation of service.
8. SCOPE OF AUTHORITY- Client has no authority, apparent or otherwise, to
contract for, or on behalf of VectraNet, or in any other way legally bind
VectraNet in any
fashion, nor shall client be authorized to make any representations about
VectraNet or its
services other than to reiterate to its clients VectraNet's responsibilities as outlined
in this agreement.
9. CHANGES IN TERMS OF AGREEMENT- VectraNet reserves the right to make changes
to the above terms and conditions of this agreement at any time without notice to the
client. Changes in monthly service fees shall become effective only at the end of any
calendar quarter for which client has prepaid for the respective quarter. Utilization of
the service by the client and/or its customers following the effective date of such change
shall constitute acceptance by client of such change(s) in terms.
10. DISPUTES- A. Venue: Should any dispute arise under the
terms of this contract, the parties agree that venue for resolution of said dispute will
be handled by the proper authorities. B. Attorney's Fees and Expenses:
Should any legal action be instituted to enforce the terms and conditions of this
agreement, the prevailing party shall be entitled to recover reasonable attorney's fees
and expenses incurred at both the trial and appellate levels.
11. ENTIRE AGREEMENT AND SEVERABILITY- This instrument constitutes the entire
agreement between the parties, and represents the complete and entire understanding of the
parties with respect to the subject matter of this agreement. This instrument supersedes
any other agreement or understanding between the parties, whether written or oral. In the
event that any term or provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions of this instrument and the
agreement which it evidences, shall remain in full force and effect.
General-
The Internet is a voluntary association of users interested
in and willing to exchange information and data with other Internet users. At present
there is no oversight group providing governance over the principles, policies or
procedures for use of the Internet or the information and data accessed via the
Internet. In order to facilitate their contractual relationship the Customer and
VectraNet
wish to define a working protocol of principles and policies and establish operating
guidelines and acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect
- The Internet is a network intended for use by
mature, adult users. The Customer recognizes this principle and undertakes at all times to
act with respect, courtesy and responsibility, giving due regard to the interests and
rights of other Internet user groups. This general guideline carries with it the following
specific responsibilities:
a) Knowledge of the Internet
- The Customer agrees to obtain a basic knowledge
of the Internet and its operating principles and procedures.
b) Improper Uses
- The Customer will avoid violation of certain generally
accepted guidelines on Internet usage such as restrictions on mass mailings and mass
advertisements, pirating or copying of software, mail bombing or other methods of
attempting to deny service or access to other users, and attempts to violate security.
VectraNet strictly prohibits Unsolicited Commercial Email (UCE), also known as
"spam". This includes using our network to distribute unsolicited bulk email
from your site on our servers or using any outside network to send bulk email advertising
your site on VectraNet servers. VectraNet will terminate any account that receives three
complaints of unsolicited email within a one month period, and no refund will be issued
for unused service.
c) Compliance with Laws
- The Customer will ensure that its use of the
Internet complies with all applicable federal, state and local law and regulation,
including but not limited to those principles of law which protect against compromise of
copyrights, trade secrets, proprietary information and other intellectual property rights,
libel or defamation of character, invasion of privacy, tortuous interference, and export
of technical or military data to prohibited countries.
d) Validation of Information
- The Customer is responsible for validating the
integrity of the information and data it receives or transmits over the Internet.
e) Security
- The Customer is required to protect the security of its Internet
account and usage. The Customer(s) password will be treated as private and confidential
and not disclosed to or shared with any third parties.
f) Discretion and Judgment
- The Customer is expected to use discretion in the
treatment and handling of Internet information and data and to take particular care to
insure that adult information is not transmitted to juvenile users of the Internet.
g) Pornography
- Due to legal and social issues, we will not accept any new
customers who publish pornographic images. If an existing customer publishes pornographic
images, VectraNet may issue a warning and/or suspend your account.
h) Excessive CPU usage
- Customers will not be allowed to use
excessive amounts of CPU processing on any of our servers or face immediate suspension.
Excessive usage will automatically qualify the client to termination with no refund.