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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 and 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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