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TERMS OF SERVICE
Terminology
Terms
used throughout these and other legal policies set forth by Visual Web
Co., Ltd. may also be known as, but not limited to, "We", "Us", "Our",
"Visual Web". The Account holder may also be herein know as, but not
limited to, "You", "Your, "Client" and "Site Owner".
Supporting Policies
This "Terms of Service" (TOS) is
supported by additional policies and agreements. Acceptance of this
Terms of Service further signifies your acceptance of all other policies
and supporting documents. These policies are, but not limited to:
Acceptable Use Policy (AUP)
Privacy Policy
(PP)
Service Level Agreement (SLA)
Fair Use Policy (FUP)
Mail
Policy (MP)
Digital Millennium Copyright Act (DMCA)
Defamatory or
Libelous Content Policy (DLC)
Any client using the services of
Visual Web has by action of acceptance agreed to all terms and policies
set forth.
Modification
Visual Web reserves
the right to add, delete or modify any provision of this policy at any
time without notice. You agree to be bound by any changes Visual Web may
reasonably make to this agreement when such changes are made. If you
have purchased services or software from Visual Web, the term of this
agreement shall continue in full force and effect as long as you take
advantage of and use the software or services that we provide.
New Accounts
All new servers are set up after
receipt of payment. You will receive an e-mail including login details
after your purchase. Due to unforeseen complications with various mail
servers and any connection problems between your ISP and Visual Web,
this process may sometimes be delayed.
Domain Names
In order for your domain name to point to the Visual Web server your new
account is located on, you must change your DNS (Domain Name Servers) at
your registrar. These DNS (if you use ours and not your own ones) are
located in your welcome e-mail.
Please be aware that the above
process is not known as a domain transfer. A domain transfer is if you
want to physically transfer your domain to Visual Web and away from your
original registrar. You must have or create an account at Visual Web and
initiate a transfer.
Visual Web will take necessary steps to
register domain names on behalf of the client when requested. However,
clients are responsible for renewing their domain names. Visual Web does
not take responsibility for failing to renew domain names. If your
domain name was registered via our company, you must check and take
appropriate actions to renew a domain that is about to expire. We do not
handle renewals unless specifically asked in writing. If you have any
questions at all about DNS changes or domain names in general, please
contact us.
Content
Visual Web believes in
freedom of speech; however, any content (written, visual, or implied) in
the following areas will not be tolerated and is grounds for immediate
suspension of service (in most cases customer will be allowed a zip file
of their account): racism or prejudice due to color, creed, or belief;
any violent/malicious/obscene content written, visual or implied. We
will not tolerate any type of hate site including terrorist related
websites on our network. If we receive notice that there is such a hate
site hosted within our network, the customer hosting the material will
be notified immediately. They are required to remove the content within
a certain timeframe or will face account suspension and/or termination.
We offer servers in a large range of locations. The laws of some
countries may prohibit certain server contents and server usages which
may be allowed in any other country. Any server of Visual Web will
underlie the laws of the respective country where it is located.
We prefer that you self-govern your content and remain responsible and
all-knowing of what your website publicly provides. Even if other users
have access to your account, you are responsible for their actions. The
resources and time needed to govern our servers by checking each web
site individually, which have growing and evolving content, is
impossible. However, if Visual Web is made aware of any questionable
content on a Visual Web-hosted site, we will address the concerns
immediately and directly with you to seek an amiable resolution. If any
person contacts us about content they have found on a Visual Web server
that copyrights their own material or that they wish to be removed, we
require a proper DMCA notice to begin investigation.
Liabilities
Visual Web does not make any endorsement,
claims, or promises regarding the services offered by our customers and
will not be held liable for any disputes or claims against said
customers. In no event shall Visual Web be liable for any direct,
indirect, incidental, consequential, special and exemplary damages, or
any damages whatsoever, arising from the use or performance of a
customer web site or from any information, services or products provided
through a customer web site. If there is questionable content on any
server in our network, we will not take any action against any material
or action until the web site is brought to our attention by contacting
our abuse department.
In ordering any services from Visual Web you agree that Visual Web will not be liable for any:
- Use of your server or hosting space purchased at Visual Web
- Interruption of either your own or any other's business and/or financil losses or damages caused by such
- Access delays or access interruptions to our site or the web site or
sites or you have hosted on your server or hosting space, unless
covered in the server-specific SLA (insofar existing)
- Losses or damages resulting from acts of God and any events beyond our control
- Data non-delivery, mis-delivery, corruption, destruction or other modification
- Loss or liability resulting from the unauthorized use or misuse of your server access data nd password
- Google geo-IP of our server's IP address(es) not resolving to the
correct country which the server is physically located in: As we have
made the experience that google geo-IP sometimes does not resolve to
the country in which the respective server/IP is actually located and
we also do not have any influence over the policies and services of
google in this respect, we will not be liable for any wrong google
geo-IP of any of our server's IP addresses. A wrong google geo-IP will
NOT be a reason for premature cancellation and refund of a server.
Visual Web also will not be liable for any indirect, special, incidental, or consequential damages of any kind.
Payments and Agreement to Pay
As consideration for the software or services purchased by you and
provided to you by Visual Web, you agree to pay Visual Web at the time
you order. All fees are due immediately and are non-refundable unless
otherwise expressly noted, even if your services are suspended,
terminated, or transferred prior to the end of the services term. Visual
Web expressly reserves the right to modify pricing through e-mail
notification and/or notice on its web site.
You agree that you
are liable for all services that have been rendered on your behalf until
a termination of service has been officially received by the account
holder for services.
Any agreement, verbal or written held with
Visual Web supercedes these terms and conditions.
Billing/Late Payments
All invoices are due on the
anniversary date of the month for each service unless otherwise
specified on your invoice.
If at any time, your payments become
past due, you will receive a notification via e-mail (to the most
recently updated e-mail address on file) with instructions on rectifying
the situation. Please note that Visual Web holds the right to deny
access to and/or de-activate accounts hosted on our servers of which
have unpaid past due balances.
Accounts are at risk for
suspension of service if payment is not received within i resonable time
frame after the service's due date (this depends on tyope of server and
server location/country). Our Technical Support Department is available
to assist you 24 hours a day. No special grace period is given for
weekends or holidays.
If an account holder submits a bank
assisted dispute for services rendered, their hosting account will be
de-activated within 48 hours if the payment issue has not been
recovered. A 10% charge back fee will be added to the amount disputed by
the customer.
We only accept bank transfer, western union
tranasfer, moneygram transfer, credit cards, skrill (moneybookers) or
PayPal for payment of services; within Thailand you may also pay with
cash or cheques issued by a Bank in Thailand and drawn on a Thai bank
account. Yearly plans renew automatically. In the event that payment is
not received by the DUE DATE and we are unable to contact you, then the
aforementioned fees to enable your account shall apply. Monthly
instalments will incur for the entire duration services are rendered and
you remain subscribed to until you submit proper cancellation of the
account.
PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR
ACCOUNTING DEPARTMENT.
Overage Charges
Our
service plans are designed to accommodate the majority of usage
scenarios given the needs of our customers. However, your usage may vary
and require additional allocations, specifically in the areas of storage
and traffic. We will never charge your card automatically if your
account requires more resources. In such case we will notify you by
e-mail when your account reaches the specified limits at which time you
may contact us to purchase a higher transfer quota for your account. If
you do not contact us, we will suspend your server if your allotments
exceed.
Cancellations
If you wish to cancel
your services, you must let us know in writing thirty (30) or more days
prior to your renewal date. If your notice of cancellation is not
received within this time frame, you will be liable for payment of the
proceeding month and hereby agree to complete payment as invoiced
accordingly.
If you cancel your account and your payments still
continue to recur for any reason such as:
By fault of Visual Web
staff.
By fault of the credit card processor.
By fault of any
other payment collection company.
We are to be held free of
liability for any overdraft fees that are issued by your financial
institution.
Refunds/Account Termination
No
refunds will be issued if abuse of our stated policies forces Visual Web
to suspend or terminate your services prematurely. In the event you
request a service cancellation, it will be suspended from use on the
requested cancellation date. Cancellations of accounts pre-paid for on a
month to month payment basis will not receive a refund for the remainder
of the monthly billing period. Cancellations of accounts pre-paid on
non-monthly accounts or on a yearly basis will only receive a pro-rated
refund based on the regular monthly rate of the same hosting plan. All
add-on services, IP Addresses, SSL certificates and Domain payments are
non-refundable. If for any other reason your account becomes suspended
and remains suspended it will be deleted after a 30-day period.
Acceptance of Terms and Conditions
I have read,
understood and fully comprehend these terms and conditions and their
full nature, extend and effect.
If I sign or purport to complete
this contract on behalf of any corporate body I accept personal
responsibility for and guarantee the due performance of the body of this
contract and indemnify Visual Web accordingly.
I understand that
by signing up for any of Visual Web's services, be it by submitting an
order form on Visual Web's web site or by any other means, I am agreeing
to abide to Visual Web's regulations, policies and Terms of Service.
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