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Terms of Service (ToS)

   

ViUX™ Hosting is a Service of ViUX Systems, Inc. (hereafter referred to solely as ViUX). ViUX's primary objective is to provide excellent service and support to our subscribers. Our management and staff will provide the highest level of attention and dedication to the needs of our subscribers.

In pursuit of our primary objective, ViUX agrees to deliver to our subscribers the service(s) purchased, subject to the following Terms of Service (hereafter referred to as ToS). In addition, the use of ViUX's service(s) by subscriber constitutes an unconditional acceptance of and agreement to ViUX's ToS.

ViUX reserves the right to change or modify the ToS at any time without notice.


ViUX Guarantees

I. 30-Day 100% Money-Back Guarantee:

ViUX proudly offers to its subscribers a "30-Day Money Back Guarantee". This guarantee allows the subscriber to purchase ViUX's services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees (if any), less any additional over-usage and/or free domain registration(s) - (costs of free domain registrations are calculated at the regular price of the domain registrations and deducted from refund amount). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of the ToS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with ViUX's service(s). After the 30th day of service has been exceeded, subscriber is not eligible for this guarantee; unless the order was placed as a part of a promotion that included an extension of the normal 30-Day Money Back Guarantee - for instance to 60 or 90 days. A request for this guarantee must be submitted via a ticket at: https://support.viux.com. If requesting a refund, it is not required, but we ask that the subscriber briefly explain the reason(s) for cancellation, as well as, any suggestions on how ViUX could improve our services.

Third party services and/or license fees are NOT eligible for a refund after the order has been processed with that provider and NO PRO-RATED REFUNDS are issued for third party services canceled prior to the end of the subscription term. Examples of such services would include: SmarterTools Licenses; Domain Registrations; SSL Certificates; etc...

II. Price-Freeze Guarantee:

ViUX proudly offers to its subscribers a "Price-Freeze Guarantee". This guarantee allows the subscriber to use ViUX's services with full confidence and zero-risk. ViUX guarantees that it will never increase monthly fees for existing subscribers of any service plan(s) for the length of the subscribed term period. This guarantee is effective upon the start of a subscription. Immediately after the order process is completed, a price-lock will be established on the price which cannot increase for the existing service plan for the length of the subscribed service term period.

Subscriber is aware that ViUX may proactively change the specified rates and fees of our service plans from time to time, with any new rate or fee effecting only new subscribers or service plan changes/renewals. Subscriber is aware that rates, fees, and offers can change upon service plan modification or new account subscription and may (or may not) be available for purchase at any time in the future. Subscriber is also aware that add-on service offerings, rates, and fees are subject to change without notice and that add-on services are considered separate from the base service plan and NOT covered by this Price-Freeze Guarantee.

III. 99.9% Uptime Guarantee:

ViUX guarantees that your Website will be up and running at least 99.9% of the time during any service period. This guarantee includes Network uptime, Web, E-mail, and Database Server uptime, and Service uptime. It does not cover any areas where ViUX has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and ViUX's data center(s), etc. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars, or any other natural (or unnatural) events that ViUX cannot directly influence; or reported downtime that cannot be confirmed or duplicated by ViUX.

To request a service credit due to an uptime concern, please submit a request for this guarantee via a ticket at: https://support.viux.com. If requesting a "service credit" we ask that subscriber briefly explains the reasons for doing so, with a level of detail that will allow us to confirm / duplicate the reported issue.

IV. Prohibition of Adult Content:

Subscribers of ViUX's services are prohibited from storing, posting, or transmitting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content; however ViUX reserves the right to make the sole determination of content that is deemed "adult" in nature.

V. "Fair-Use" Resource Assignment:

ViUX offers certain "unlimited" or large amounts of resources, such as Bandwidth, Disk Space, E-mail Accounts, FTP Logins, and other various elements on selected plans. The intention of ViUX is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk usage or other resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need E-mail / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party E-mail or FTP hosts. All your downloadable files or files stored on the server have to be available for download via an HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to Websites who are considered to be abusive in Service, Bandwidth, Disk Space, or other resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to Bandwidth and Disk Space utilization. Websites that are found to contain either/or no HTML documents, a large number of unlinked files, are subject to warning, suspension, or cancellation at the sole discretion of ViUX. If a "Fair-Use" breach occurs, ViUX may have to remove files from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that ViUX may have to take.

VI. "SPAM" aka Unsolicited Bulk Email (UBE):

ViUX takes a zero tolerance approach to the sending of Unsolicited Bulk Email (UBE) aka "SPAM" through our Network and Services. Customers of ViUX may not use, or permit others to use, our network to engage in UBE distribution. Customers of ViUX may not host, or permit hosting of, sites or information that is advertised by UBE from other networks.

Upon notification of an alleged violation of our UBE policy, ViUX will initiate an immediate investigation. During the investigation, ViUX may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this ToS, ViUX may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, ViUX reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ViUX will notify law enforcement officials if the violation is believed to be a criminal offense. NO REFUNDS are provided for customer accounts that are terminated due to a violation of the UBE provision, or any other provision of this ToS.

ViUX's Definition of Spam is the sole determining factor as to what is (or is not) considered to be Spam and NO OTHER DEFINITION will be considered under ANY circumstances.

VII. Payment:

Establishment of this service is dependent upon receipt of payment of stated charges by ViUX. Subsequent payments are due at (or up to 1 month prior to) the end of subscribers current paid subscription term (1, 3, 6, 12, 24, 36, or more months). Our billing system will automatically attempt to charge the credit card on file for subscribers account up to 1 month prior to the renewal / due date (see the articles: "How does ViUX handle service / subscription renewals?" and "Subscription Renewal Terms & Automated Billing" for more information in this regard). All accounts automatically renew for a term equal to the prior term length, unless canceled by subscriber prior to account renewal. It is the sole responsibility of the subscriber to cancel the account prior to renewal if continuation of services is no longer desired. Failure to properly cancel an account prior to renewal as indicated in section [IX], is considered an approval of the subscription renewal for another term and acceptance of the related charges.

VIII. Failure to Pay:

ViUX may temporarily suspend or permanently terminate service upon the failure of the subscriber to pay the charges when due. Such suspension or termination of service will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. Accounts may be temporarily suspended if not paid in full on the listed due date. Additional fees may apply to restore service to suspended accounts. Account may be permanently terminated if more than one week past due. Once terminated, all site Files / Folders, E-mail, Database(s), Settings, etc. are removed from our servers / network and CANNOT be retrieved. To restore service to a terminated account, the subscriber would need to place a new order and upload site content from their local system; and any amount due from the prior terminated account would be added to the new account. It is the sole responsibility of the subscriber to make sure that valid billing and contact information is on file for their account at all times, as well as, to know when their account is due for renewal, regardless of receipt of any warning or notice from ViUX.

IX. Account Cancellation:

Subscriber may cancel their account at any time online via the control panel at: https://hsp.viux.com/cp/ (using the [Termination Request] option); or by submitting a ticket at: https://support.viux.com, requesting to have their account canceled. If requesting a cancellation, we ask that subscriber briefly explain the reasons for doing so, as well as, any suggestions on how ViUX could improve service. The cancellation will take effect immediately (or on the requested effective date). Once cancelled, all site Files / Folders, E-mail, Database(s), Settings, etc. are removed from our servers / network and CANNOT be retrieved. To restore service after cancellation, the subscriber would need to place a new order and upload site content from their local system; and any amount due from the prior cancelled account would be added to the new account.

X. Subscriber Acknowledgement:

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of ViUX and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that ViUX shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ViUX. Subscriber further acknowledges that the ViUX's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ViUX be liable for any special or consequential damages, loss, or injury... punitive or otherwise.

XI. Change of Name Servers:

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of name servers of a domain from other DNS servers to ViUX's DNS servers, there may occasionally be a delay of several hours, days, weeks, or longer, depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain name servers can not be changed at all. Due to the unpredictable nature of the name server change process, no guarantees are made regarding the amount of time a specific change may take. Upon customer request, and if the required authentication information is provided, name server change of domain names is done by ViUX on behalf of the account holder. In such cases, a successful change of name servers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.

XII. Support Boundaries:

ViUX provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: ViUX provides support related to your service plan's features' physical functioning. ViUX does not provide technical support for the subscriber's customers or for systems outside of our direct and exclusive control. Support options are available via the [Support] link at the top of most pages of our site, as well as, via the [Help] / [Trouble Ticket] options within the control panel for your site, at: https://hsp.viux.com/cp/.

XIII. Network:

A. IP Address Ownership
If ViUX assigns subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to ViUX and the subscriber shall have no right to use that IP address except as permitted by ViUX. ViUX shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by ViUX. ViUX reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time; or to make needed changes to accommodate the growth / expansion of our network and systems.

B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer ("Agreed Usage"). ViUX will monitor subscriber's bandwidth and disk usage. ViUX shall have the right to take corrective action if subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination services, which action(s) may be taken is in ViUX's sole and absolute discretion, at any time deemed necessary by ViUX. If ViUX takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance, prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via e-mail by ViUX's automated notification system.

C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of ViUX's network or any and all components therein. Violations of system or network security may result in civil or criminal liability. ViUX will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.

2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."

4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

5. Taking any action in order to obtain services to which subscriber is not entitled.

XIV. Notification of Violation:

ViUX is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this ToS has occurred. Accordingly, we do not assume any responsibility through our ToS to monitor or police Internet-related activities. ViUX will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which ViUX determines to have violated any element of this ToS shall receive an e-mail warning them of the violation. Subscriber's service is subject to a temporary suspension at ViUX's discretion pending a subscriber's agreement in writing to refrain from any further violations.

2. Second violation: Subscribers, whom ViUX determines to have committed a second violation of any element of this ToS shall be subject to immediate suspension or termination of service without further notice.

NOTE: ViUX reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. ViUX will contact the subscriber as soon as it is feasible. Also, ViUX reserves the right to skip, alter, or amend the steps detailed above as needed to protect our network, systems, and other subscribers.

XV. Suspension of Service or Termination:

ViUX reserves the right to cancel subscribers account / terminate services at any time with or without notice, and for any reason, at our sole discretion. ViUX reserves the right to suspend network access to any subscriber if in the sole judgment of ViUX, the subscriber's account is the source or target of a violation of any of the terms of the ToS, or for any other reason which ViUX deems necessary.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's account(s) were suspended if the subscriber is found to be at fault.

XVI. Miscellaneous Provisions:

Subscriber must provide ViUX real and current contact information at all times. E-mail address, Telephone and Fax contacts are used, and in that order of preference.

1. ViUX takes no responsibility for any material placed on its network by others. ViUX is not responsible for the content of any other Websites linked to. Links to other sites are provided as Internet navigation tools only. ViUX disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

2. ViUX's subscribers are not permitted to run IRC servers.

XVII. Disclosure to Law Enforcement:

The ToS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that ViUX may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

XVIII. Indemnification:

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XIX. Serviceability:

If any provision of this ToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this ToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XX. Applicable Law:

This ToS is subject to the governing laws of the State of North Carolina. Courts of competent jurisdiction in Raleigh, North Carolina shall hear and decide any disputes.

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