Terms

Terms¶

VNYX, Inc. (referred to as "VNYX" for the remainder of this document) provides Internet World Wide Web page hosting, Design and Development Services. VNYX has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.VNYX's general policy is to act as a provider of Internet presence. VNYX has specific ethical concerns regarding the use of its computers detailed below. VNYX reserves the right to suspend or cancel a customer's access to any or all services provided by VNYX at any time, including but not limited to when we decide that the account has been inacProfileriately used.

Server Abuse¶

Any attempt to undermine or cause harm to a server, or customer, of VNYX is strictly prohibited.Unauthorized use of other people's accounts or computers VNYX will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a VNYX customer, whether or not the attacked account or computer belongs to VNYX, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - VNYX has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by VNYX to be unacceptable use of VNYX's services including abuse of server resources.

Accounts may be terminated that include the following content or which have links to the following content:

• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity.

• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual

• Displaying material containing illegal nudity and/or pornographic material

• Displaying material that exploits children under 18 years of age.

• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Unsolicited Email (Spam)¶

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.VNYX takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

• Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.

• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (" mail bombing").

• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. InacProfileriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through VNYX (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.99% Uptime Guarantee¶

(1.) CoverageThis 99.99% uptime guarantee applies to any VNYX client in good financial standing with VNYX at the time of a service outage.

(2.) Service Level Agreement & Specifications VNYX endeavors to have the content of your web site available for http access by any party in the world 99.99% of the time. Network downtime (unavailability) is defined as 100% packet loss from VNYX to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via VNYX's online ticketing system. If the ticketing system itself is unreachable, then the ticket must be opened by calling VNYX Support. VNYX's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the VNYX network.

(3.) Credits

For managed dedicated server and co-location customers if the uptime is between 98.9% and 99.99% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit 60 10% 5+ 60 minute intervals 25%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to [email protected]. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by VNYX. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions

Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at VNYX, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond VNYX's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in VNYX's "terms of conditions and acceptable use policy" causing a machine to fail as a result.

Payment Policies¶

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and/or major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. VNYX reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies VNYX at [email protected] to request for termination of services. All payment is in U.S. currency. VNYX will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All VNYX accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at [email protected] should you wish to change your anniversary billing cycle.

Cancellation¶

VNYX reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by VNYX if VNYX institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)All of VNYX's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, SSL certificate purchases, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if VNYX is notified within the first 30 days following activation. No refund is available after the 30^th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via e-mail to [email protected]. Phone or fax requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Intellectual Property Rights¶

Material accessible to you through VNYX's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use VNYX or its servers and network in a manner that would infringe, violate, dilute or misacProfileriate any such rights, with respect to any material, which you access or receive through the VNYX network. If you use a domain name in connection with VNYX or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security¶

Customers may not use the VNYX network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. VNYX will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce¶

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and acProfileriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and © ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

IP Address Ownership¶

VNYX shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by VNYX and VNYX reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration¶

Customer agrees to pay VNYX prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the VNYX price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. VNYX reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from VNYX to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by VNYX) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to VNYX as the paying entity for that registration to the reg and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. VNYX will reinstate Customer's domain name registration solely at VNYX's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Insurance¶

It is strongly recommended that Customer maintains, at their expense, property Insurance of an "all risk" form covering any and all equipment and personal property owned or leased by Customer and used or stored on VNYX's premises. VNYX does not provide property Insurance for Customer owned equipment or personal property used or stored on VNYX's premises.

Privacy¶

Privacy is a top priority here at VNYX. We collect from our customers only the data necessary to provide the agreed upon services. We will never reveal any customer information to any 3^rd party unless instructed to by a court of law.

Lawful Purpose¶

VNYX reserves the right to refuse service to anyone. Customers may only use VNYX server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of VNYX management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Los Angeles County, California, and any dispute will be litigated or arbitrated in Los Angeles County, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Los Angeles County courts. IN NO EVENT SHALL VNYX'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification¶

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD VNYX HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST VNYX, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS VNYX AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH VNYX'S SERVICE; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM VNYX'S SERVER.

Disclaimer¶

VNYX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS OR PROPERTY MAY SUFFER. VNYX MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. VNYX DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY VNYX AND ITS EMPLOYEES. VNYX RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF VNYX MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.