This document contains the Terms of Service for our Reseller Hosting services, and outlines the basis upon which Virgo Networks will operate.

Transcription

1 Res el l erhost i ngser vi ces Ter msofser vi ce

2 Introduction This document contains the Terms of Service for our Reseller Hosting services, and outlines the basis upon which Virgo Networks will operate. This document was last updated on 5 th February Warning: This is a legally binding document. Please ensure that you are familiar with and understand its contents prior to acceptance. Definition of Terms For the avoidance of doubt, the following terms and their use/meaning with regards to this document are provided; We, us our, Virgo Networks; Refer to Virgo Networks Ltd. You, your, the customer, the reseller; Refer to the customer with which Virgo Networks Ltd. has an agreement End user, third party; Refer to another individual, organization or other entity, with which Virgo Networks Ltd. has no direct agreement or involvement. Services, products; Refer to products or services provided by Virgo Networks Ltd. to a customer that are subject to an agreement. Changes and Amendments Virgo Networks Ltd. reserves the right to make changes and amendments to this document at any time, without notice. We will always endeavor to ensure that customers are informed prior to any change, and provided with an opportunity to discuss the impact of any changes upon them and the services they receive. Acceptance and Enforcement By placing an order with Virgo Networks Ltd. for products or services with which this documents is concerned, you are agreeing to be bound by the latest version of these Terms of Service, without reservation. We strongly advise anyone with queries regarding the content of this document to contact us prior to placing an order. Page 1 of Virgo Networks Ltd.

3 Terms of Service 1. Provider Obligations & Liability a. Virgo Networks agree to provide services as stated within a client s invoice, with reasonable care and skill, in accordance with industry best practise. b. Virgo Networks shall not be held liable in any circumstances or event, for loss or damages (consequential or otherwise) of any kind that arise from our inability to provide a service for any reason. c. Retaining backups and copies of data is the responsibility of the client, and under no circumstances shall Virgo Networks be held accountable for the loss of any client data held within our systems; i. Any backup services that Virgo Networks offer are provided on a best endeavours basis. 2. Client Obligations & Liability a. Clients are required to ensure that their account and all invoices are paid in full, and that no debt is allowed to remain outstanding. b. Clients are required to ensure that their personal information is present and accurate at all times within their account. This includes a full postal address. c. Clients are fully liable for all content held within their account. This includes content uploaded by the client, their subordinates or employees, and users of their website. It is the sole duty of the client to ensure that any content hosted within their account and services; i. Does not contravene any article mentioned in Section 3 of this document, ii. Does not contravene any law or legislation of the United Kingdom of Great Britain and Northern Ireland, iii. Is backed up in a separate location if deemed of high importance. d. The client agrees that they will without reservation defend Virgo Networks against any third-party claim or action of any kind filed due to the content of their account. The client will indemnify Virgo Networks against all losses, damages and liabilities, in addition to reasonable expenses and costs that are incurred as the result of such a claim. 3. Prohibited Content & Activity a. Clients are under no circumstances allowed to store any of the following content on any systems owned or operated by Virgo Networks; i. Material or work that is the copyright of another person or party, where the client does not have explicit permission to store and distribute the content, ii. Material that promotes hate, violence, racism and other forms of discrimination, iii. Material that depicts, documents, or refers to acts of terrorism, the sale, design or use of weapons, iv. Material that depicts, documents, or refers to the use of illegal drugs or narcotics, v. Pornographic material that either; depicts persons under the age of 18 years, or violates the laws of the United Kingdom of Great Britain and Northern Ireland. b. Clients are under no circumstances allowed to make use of systems owned or operated by Virgo Networks to engage in any of the following activities; i. Sending of unsolicited (SPAM), ii. Operation of any IRC services, iii. Providing free hosting or mail services to members of the general public, iv. Any other activity that, in the professional opinion of Virgo Networks, is seen to have a detrimental effect on the performance of our systems and the services that other customers receive. c. Clients must not allow their use of the services Virgo Networks provide to place excessive or unnecessary load on any part of our infrastructure, or to cause disruption to other users of our services. d. With regards to the above, Virgo Networks reserve the right to; i. Terminate any account found to be in breach of the above without warning or notice, ii. Inform law enforcement agencies of any un-lawful content or activity. Page 2 of Virgo Networks Ltd.

4 4. Peer-to-Peer Applications a. Peer-to-Peer applications and services are not permitted on our shared hosting products, with the exception stated in Section 4, Term b. b. Customers on the R-Large reseller hosting package may operate a Bit Torrent tracker, provided that the following conditions are met; i. The tracker must not distribute or index content for which the account holder does not hold full copyright or distribution rights, ii. The tracker must not place excessive load on the server or other components of our network. Virgo Networks will contact users to discuss any issues of this nature before action is taken. 5. Payment & Refunds a. Clients are required to remit payment in full, in advance of the services they receive. It is the sole responsibility of the client to ensure that their account is in good standing. b. Virgo Networks reserve the unconditional right to terminate any account on which a payment is overdue. c. The client must work with Virgo Networks to ensure that all payments reach their account when required. i. The client accepts that once a payment has been made, they surrender any right to a refund. 1. If the client holds an active account, Virgo Networks will credit the account in question to the value of the payment made. 2. If no active account is held for the client, a refund will be given at the discretion of Virgo Networks. d. Virgo Networks reserve the right to refuse a refund in circumstances where a client has their service terminated due to breech of terms and conditions. 6. Provision of Support a. Virgo Networks agree to provide all clients with a reasonable level of support for the services they receive. b. Virgo Networks will aim to respond to all queries within 12 hours or less. However, we do not operate any formal response time or Service Level Agreement (SLA) unless otherwise specifically stated for the services you receive. c. Customers will receive assistance with all incidents relating to an issue or fault with any system or service operated/provided by Virgo Networks. Virgo Networks guarantee to respond to and resolve all correspondence of highlighting issues of this nature. d. Virgo Networks will always endeavour to provide support for other issues, for example third party scripts and software, but do not provide any guarantee or assurance relating to the provision or quality of this support. For issues of this nature no warranty or SLA is given or implied. e. During busy periods, Virgo Networks reserve the right to prioritise any enquiries raised by clients, in any order deemed appropriate in our professional opinion. 7. Termination of Services a. Virgo Networks reserve the right to terminate the services of any client at any time, without obligation to provide valid reasoning. b. Virgo Networks do not guarantee to provide advance notice regarding the termination of any account, if the account is being terminated due to violation of these Terms of Service. c. Accounts terminated where 5 or more days notice has been provided may be removed immediately, along with all related data and content. d. Accounts terminated where less than 5 whole days notice has been provided shall be retained along with all relevant data for at least 7 days, to permit the client to obtain copies of their data. e. Accounts terminated due to reasons involving un-lawful content, abuse or law enforcement agencies may be retained along with their associated data. In such circumstances, Section 6, Term d may be revoked. f. When an account is terminated due to misuse, refunds will be handed in accordance with Section 4. Page 3 of Virgo Networks Ltd.

5 8. Cooperation with Law Enforcement a. Virgo Networks will observe its legal and moral duty to cooperate with requests from law enforcement agencies. b. Virgo Networks reserve the right to disclose client details and data to any law enforcement agency, to assist with an active investigation; i. In the majority of circumstances, data will only be provided upon the execution of a valid warrant, court order or other legal proceeding. c. In instances where data is provided to law enforcement agencies, Virgo Networks may not be permitted to notify the client of the request and exchange of data. 9. Provision of Dedicated IP Addresses a. Where a client requests a dedicated IP address for their services, this will normally be provided within 24 hours of the initial order being accepted. b. Virgo Networks has the right to refuse the provisioning of a dedicated IP address if; i. The client fails to comply with Section 2, Term b, ii. There is reason to believe that the use of a dedicated IP address is not justified or may be subject to abuse. c. IP addresses are not the property of the client, and; i. May NOT be transferred to another provider under any circumstances, ii. Will be registered to Virgo Networks and/or its upstream providers, iii. May be changed without notice if required. 10. Engagement With End Users a. Virgo Networks agree that we will not make direct contact with the end users of our resellers. b. Virgo Networks agree that we will not respond to queries from end users where; i. The end user is easily identifiable as the client of a Virgo Networks reseller, ii. The reseller has not given explicit permission to allow us to support the end user. c. In certain circumstances, Virgo Networks may contact end users directly to negotiate continuance of services. This clause may be executed in the following circumstances, and without the consent of the reseller; i. The reseller has become insolvent, ii. The reseller has failed to remit payment after the third notice, and is due to have their account suspended, iii. The reseller has explicitly stated their intention to cease provision of services to their end users. d. Where Section 10, Term c is invoked; i. The current Terms of Service for our Web Hosting products will govern Virgo Networks liability and conduct. ii. Virgo Networks will under no circumstances accept or take ownership of any previous contacts, agreements or arrangements that were in existence between the end user and the reseller. iii. Virgo Networks will under no circumstances be required to cover outstanding payments, refunds or orders placed between the end user and the reseller. Page 4 of Virgo Networks Ltd.

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