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User Agreement
All users of Vittox services must agree to abide by the following terms.
- Illegal Content. All services provided by Vittox.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, or material protected by privacy laws, trade secrets, export regulations, or other statutes. Links to such materials are also prohibited. This also includes, but is not limited to, illegal adult sites, warez/pirated software, serialz, hacker programs/archives, and illegally copied MP3 files.
- Illegal Activities. Vittox.com services may not be used to engage in any activities that are determined by Vittox, in its sole and absolute discretion, to be illegal. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid so-called Nigerian bank schemes, fraudulently charging credit cards or displaying credit card information, and failure to comply with applicable on-line privacy laws. Vittox will cooperate fully with appropriate law enforcement agencies in connection with any illegal activity occurring through our services.
- Adult Content. Vittox.com services may not be used to store, post, display, transmit, advertise, sell, link to, or otherwise make available adult, sexually explicit, or sex-related content. This includes sending or receiving e-mail containing such content. Vittox reserves the right to decide what it considers "adult, sexually explicit, or sex-related content."
- Other Unacceptable Content. Due to a historically high level of fraud and spam surrounding such content, Vittox services may not be used to store, post, display, transmit, advertise, sell, link to, or otherwise make available content related to products for penile or breast enhancement, or sexual dysfunction. This includes sending e-mail containing such content.
- Obscene, Defamatory, Abusive or Threatening Language. Vittox.com services may not be used to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- Unsolicited Commercial Email (UCE). Spamming, or the sending of unsolicited email, from a Vittox.com server or using a domain name, email address, or web site that is hosted, maintained, or affiliated with Vittox.com is STRICTLY prohibited and will result in immediate deactivation of your site without refund. Vittox will be the sole arbiter as to what constitutes a violation of this provision.
- Accessing Other Systems. We do not allow illegal or unauthorized access to other computers or networks belonging any third party, or attempts to penetrate security measures of another individual's system (often known as "cracking" or "hacking"). We also do not allow any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Viruses and Other Destructive Activities. Use of Vittox.com services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of interference with, the ability of others to effectively use Vittox services (or any connected network, system, service or equipment) or conduct their business over the Internet. Such activity will subject the offending site to immediate termination of service without refund.
- Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- IRC. We do not allow IRC, IRC bouncers, IRC bots, egg drops, or similar software to be operated on our servers.
- Background Programs. We do not allow users to run programs continually in the background without special permission. Where permission is granted for running a background program, an extra fee may be incurred based on system resources used and operational maintenance needed. Port forwarders and proxy servers are NOT allowed under any circumstances.
- Cron Jobs. We allow cron jobs in all accounts, but these may not be scheduled to run more often than once per hour without special permission. Where permission is granted, an extra fee may be incurred based on system resources used and scheduling frequency.
- Mailing Lists. We allow users to send e-mail messages to opt-in lists, but special permission is neededfor lists larger than 500 recipients. Permission is not likely to be granted for lists larger than 5,000 recipients. Where permission is granted, an extra fee may be incurred based on system resources used and frequency of sending. We also require large mailings to be sent gradually to avoid placing an undue burden on the server.
- Forum Software. Only one online forum should be run from each hosting account (even those with addon domains enabled). Recommended forum software includes phpBB, Invision Power Board, and vBulletin. Forum software using flat-file databases (e.g. UltimateBB, YaBB, IkonBoard flat-file version) are strongly discouraged and may result in the suspension of the affected account.
Excessive Resource Consumption. Any account which uses an inordinate amount of CPU, memory, temporary disk space, or other resources will be subject to immediate suspension until the owner of the site or the reseller responsible for the site can be contacted. Sites which repeatedly use excessive resources will either be offered new terms of service or be subject to termination of service without refund.
- Data Transfer. Each account is allocated a pre-determined amount of data transfer per calendar month. If your account's monthly usage is above your monthly total allotment you may choose to either upgrade to a higher package or purchase additional data transfer.
- Backups. Vittox.com performs regular backups of critical system files and all user accounts. While we will attempt to restore client accounts in case of emergency, we do not guarantee that we will always have a sufficiently recent backup. Vittox is NOT responsible for lost data, time, income or any other liability due to hardware failure or faulty or non-existent backups. Clients are responsible for backing up their own data, and should place these backups on their personal computer rather than on the server. A capable backup facility is available via the client's online control panel.
- Billing. The first payment is due on the signup date. Subsequent payments are due every month following this date (for monthly billing cycles), or every year following this date (for annual billing cycles). Accounts 5 days past due will be suspended; when a reseller's payment is past due, all of his client accounts will also be suspended. Accounts 10 days past due will be deleted from the server. If any terms or conditions have been violated, the account in question will be automatically deactivated.
- Price Freeze Guarantee. Each client is guaranteed to enjoy the pricing structure in effect when they opened their account(s), for as long as they keep the account(s) open and payment is up-to-date. This guarantee applies even if there are pricing and/or package changes reflected at our main site. New accounts (including those opened by existing clients) always take on the latest pricing structure.
- Cancellation. Cancellation can be made via email to Vittox.com. Although no notice of cancellation is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service and no terms of service have been breached, then all hosting fees will be refunded. This does not include fees for domain registration. We reserve the right to remove any account without prior notice for any reason.
- Refusal of Service. We reserve the right to refuse, cancel, or suspend service at our sole discretion.
IN NO EVENT WILL VITTOX.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE VITTOX'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, ACT OF GOD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
All users are subject to the latest terms posted here. These terms may be modified at any time and without notice, so please view this page periodically to see if any changes have been made.
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