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Category: Uncategorised Published on Thursday, 16 June 2011 06:00 Written by Super User Hits: 518
Welcome to virtuosomaster.com website hosting services. This hosting term of services rule your purchase and use, in any manner, of all web site hosting services and describes the terms and conditions that apply to such purchase and use of the services. You must register and accept the terms to such purchase and use of the Services. You must register and accept this agreement in order to use the Services.
Virtuosomaster reserves the right to change or modify any of the terms and conditions contained in this terms of service, any policy and Addendum or guideline incorporated by reference at any time at its sole discretion. Any modifications made will automatically take effect upon posting of the revisions on the Virtuosomaster website. Your continued use of services following the posting of changes or modifications will constitute acceptance of such revisions.
You may view our Privacy Policy here.
1. Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. At customer's request, Virtuosomaster may acquire a Domain Name ("Domain Name"), [e.g. yourdomain.com] on behalf of the customer. Virtuosomaster provides this service as a convenience to the customer only and you hereby waive any and all claims which you may have, or which may later arise, against Virtuosomaster for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Virtuosomaster to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Virtuosomaster. Domain name registrations are non-refundable. As changes are no longer allowed after the registration request is submitted, customers should make a correct spelling check before buying their domain name.
Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
2. Content
All services provided may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Virtuosomaster from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
Examples of unacceptable material includes:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
Filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation),
Affiliate servers,
Topsites,
Commercial audio streaming (more than one or two streams),
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Escrow,
High-Yield Interest Programs (HYIP) or related sites,
Investment sites (FOREX, egold exchange),
Sale of any controlled substance without prior proof of appropriate permit(s),
AutoSurf sites,
Bank Debentures,
Bank Debenture Trading Programs,
Prime Banks Programs,
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hate sites,
Hacker focused sites/archives/programs, or sites promoting illegal activities,
IP Scanners,
Brute Force Programs,
Mail Bombers and Spam Scripts.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
3. Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Virtuosomaster reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Virtuosomaster reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Virtuosomaster
4. Payment
You agree to supply appropriate payment for the services received from Virtuosomaster, in advance of the time period during which such services are provided. You agree that until and unless you notify Virtuosomaster of your desire to cancel any or all services received, those services will be billed on a recurring basis.
All payments should be made by direct charge through a credit or debit card upon entering this agreement. If you decide to pay debit or credit upon registration, you thereby give Virtuosomaster the authority to charge your account to pay for any charges that may apply. As a client, you must notify Virtuosomaster to your debit or credit account, including but not limited to cancellation or expiration of account, change in the billing address, or any other key information that may hinder Virtuosomaster from charging your account.
Payment for the renewal of domain registration should be made on or before the expiration date. Virtuosomaster will send out a notice to the account holder two weeks prior to the expiration date concerning the impending end of domain registration. It is the sole responsibility of the account holder to renew registration before the said date. Virtuosomaster do not offer any extensions for delayed payments for domain registration renewal. Furthermore, we will not be held liable for the possible sale or transfer of ownership of expired domain name to another party due to general negligence on the part of the account holder.
It is the customer's responsibility to notify our sales team via email at sales@virtuoso.comafter paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Virtuosomaster cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
In the event where you fail to settle payments, no additional charges will apply within the period of six month, after which the non-payment will constitute the termination of Virtuosomaster. Furthermore, to settle full payment within five (5) working days after due date shall be deemed as a material breach of the agreement and Virtuosomaster shall be free to impose in addition to any other remedy it may have the suspension or termination of service, which does not relieve from settlement of your past dues.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Virtuosomaster reserves the right to change the monthly payment amount and any other charges at anytime.
5. Backups and Data Loss
The use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Virtuosomaster is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Virtuosomaster servers.
6. Cancellations and Refunds
Virtuosomaster reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Virtuosomaster is not responsible for any change in exchange rates between time of payment and time of refund.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a. Resource Usage
User may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run any software that interfaces with an IRC (Internet Relay Chat) network.
3) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
5) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
6) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
7) Participate in any file-sharing/peer-to-peer activities
8) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
9) Run cron entries with intervals of less than 15 minutes.
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
1) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
7b. INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limits will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
7c. Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8. Bandwidth Usage
Customer agrees that disk usage and bandwidth shall not exceed the limit set out per month for the type of service package ordered by the customer. Virtuosomaster will closely monitor bandwidth and disk usage and shall have the right to take corrective action if customer's bandwidth or disk usage exceeds the agreed limit Such corrective action may include the discontinuance or disconnection of any and all hosting services, or termination of this agreement, such actions may be taken is in Virtuosomaster's sole and absolute discretion.
9. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Virtuosomaster does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Virtuosomaster will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
10. Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
11. Dedicated Servers
Virtuosomaster reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Virtuosomaster reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. It is your responsibility to maintain backups.
12. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Virtuosomaster.com, and the right to increase the amount of resources given to plans at any time.
13. Indemnification
You, as a client will defend, hold harmless and indemnify Virtuosomaster and its officers, shareholders, agents, consultants, affiliates and suppliers from any actual and threatened claims, causes of action, demands, proceedings, suits, damages, liabilities and cost of expenses of any nature, including court costs and attorney's fees, incurred or sustained asserted against any firm, person, government authority and any other entity arising out of your violation or breach of any term agreement, representation, condition or any other applicable guideline or policy. This indemnification also includes your conduct, gross negligence or willful misconduct, your use of services for illegal use, or claims made by your former employee that may have any connection with or as a result of the execution of this agreement.
14. Disclaimer
Virtuosomaster specifically disclaims all implied warranties, which includes but not limited to the implied warranties of fitness and merchantability for a particular purpose. Except in cases provided in this agreement, any written materials or information by Virtuosomaster, whether disseminated or distributed before or after the date of this agreement shall not in any way create any implied or express warranties, contractual obligations or guarantee of performance. Virtuosomaster also reserves the right to make changes on the pricing rates of its services for no reason or at any time.
15 Disclosure to law enforcement
To be able to comply with lawful governmental requests and applicable laws as well as to protect Virtuosomaster clients and systems, and/or to ensure the operation and integrity of our business, Virtuosomaster may disclose and access any information it considered appropriate and necessary including but not limited to user profiles, usage history, IP addressing and traffic information as well as content residing in our servers and systems. Furthermore, Virtuosomaster also reserves the right to report any suspected activity that violates regulation or law to appropriate enforcement agencies, third parties and regulators.
16 Changes to the Terms of Service
Virtuosomaster reserves the right to revise its policies at any time without notice.
Any form of violation of the above stated policies will result in the immediate suspension of services and/or termination of your service. By entering into a contract with Virtuosomaster, you expressly agree to be bound to the terms, policies and conditions.
