All services provided by VNP DIGITAL, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or United States Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. Abuse and illegal activity is not tolerated at VNP DIGITAL to provide high standard services. The subscriber agrees to indemnify and hold harmless VNP DIGITAL, from any claims resulting from the subscriber's use of VNP DIGITAL's services which damages the subscriber or any other party.
You agree to allow VNP DIGITAL to control, access, and edit any information on the Server as ROOT. You agree to allow him to control it singularly and plurally via other hosting providers and / or people to manage it. You also agree you will not be paying for this server, or any of it's programs, and all expenses, if any are present, will be donation based for the hosting of the server. You agree that you will have limited access to the server, and if you were to request ROOT access, it will be at Temple Pates discretion.
The charge for our domain names are provided before the client checks out. We send renewal reminders 60 days before domain expiry and re-send the reminders weekly. If auto-renew is selected the domain will automatically renew before the expiry date. The renewal cost is shown before registering the domain name. Existing clients can renew the domain name from the client area and selecting auto-renew or in domain options. We do not charge a fee for transfer out of domain names. Transfer in of .au .uk .nz are free of charge but are not eligible for free 1 year renewal.
Resellers: Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and VNP DIGITAL Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. VNP DIGITAL does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and VNP DIGITAL. These Terms of Service govern your use of the services provided by VNP DIGITAL (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP.. Please note that we offer the Services "AS IS" and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Our Responsibilities: VNP DIGITAL agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. VNP DIGITAL reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of VNP DIGITAL.
YOU agree to pay PROVIDER prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the PROVIDER price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term.
PROVIDER reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from PROVIDER to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by PROVIDER) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to PROVIDER as the paying entity for that registration to the registry 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.
PROVIDER will reinstate YOUR domain name registration solely at the discretion of PROVIDER, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to PROVIDER, YOU agree to pay PROVIDER prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the PROVIDER price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer PROVIDER reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from PROVIDER to the email address indicated in YOUR registration application.
In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by VNP DIGITAL) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to VNP DIGITAL as the paying entity for that registration to the registry 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.
PROVIDER will reinstate YOUR domain name registration solely at PROVIDER discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar away from PROVIDER. PROVIDER reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and VNP DIGITAL will not be held liable for the failure of a domain name transfer for any reason.
We reserve the right to terminate, suspend or deactivate the service at any time without warning. All general terms apply
Back-Up Files VNP DIGITAL automatically back up their servers. You need to do backups regularly and we are not responsible for any data loss. Note accounts over 1GB may not be backed up.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. VNP DIGITAL 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. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies PROVIDER to request for termination of services. All payment is billed in the United States Dollar (USD) unless shown.
VNP DIGITAL will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All VNP DIGITAL 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. Please contact the billing department at accounts@vnpdigital.com should have any enquiry about payments or your billing cycle.
Backups of your server can only be stored for a maximum of 5 days until it is removed from the server as "file storage"
Refunds/Charge-Backs We do offer a money back guarantee of 30 days only on our shared hosting plans. Any and all charge disputes must be reported directly to VNP DIGITAL within 30 days of purchase.
No adult content of any kind. Account will be suspended if any kind of adult content is found on our servers.
No warez / hacking / phishing sites. Account will be permanently terminated without warning or refund if any kind of phishing / hacking website will be discovered or reported.
No Proxy Scripts, public VPNs, Port Scanning, IRC, chat daemons or similar are not allowed and may lead to suspension of your service.
No mass mail / spam sending scripts. Account account will be automatically suspended if you will try to send mass mail.
No Applications can be hosted which are: proxy scripts, shell scripts, file/image sharing scripts, chat scripts, paid-to-surf, auto-surf, torrent scripts cannot be hosted here. And you account may be suspended if found.
Nulled / cracked software is not allowed to be hosted. Account will be terminated.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Support VNP DIGITAL provides hardware support related to each direct client’s service functioning. VNP DIGITAL does not offer software support of any kind. VNP DIGITAL does not provide software support/troubleshooting for the software items chosen from the order form. VNP DIGITAL only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. VNP DIGITAL is not responsible for any downtime associated with the incorrect configuration of operating any software, wether installed by VNP DIGITAL or the client. VNP DIGITAL may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. VNP DIGITAL does not provide any type of support to the clients of our clients (third party clients). VNP DIGITAL will only provide support directly to clients of VNP DIGITAL. Spam/Bulk Email Policy VNP DIGITAL does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If VNP DIGITAL receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint includes, but is not limited to, bulk mailing of commercial advertising, optin/optout messages, 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 – any domain sending stealth spam will be terminated without warning and without refund.). Each abuse notification will have a $200 USD penalty fee. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $200USD per complaint received. Refunds will not be provided. VNP DIGITAL reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, VNP DIGITAL will issue a fine of $250USD and reserves the right to immediately terminate the service, at the sole discretion of VNP DIGITAL. VNP DIGITAL will be the sole arbiter as to what constitutes a violation of this provision. On the second instance of server compromise or DDoS attack VNP DIGITAL reserves the right to terminate the client’s services. If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide VNP DIGITAL with full logs as well as any additional information requested by VNP DIGITAL within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it. Abuse of Unlimited Traffic and Unlimited Storage Bandwidth Usage/Overages Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. VNP DIGITAL reserves the right to suspend any account which does not pay bandwidth overage charges promptly. VNP DIGITAL is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. Clients also assume all responsibility for any downtime.Storage (Disk Space) We our customers with an unlimited amount of storage space and bandwidth (for select products) for active web pages and cannot be used to store electronic files. Sites that fall under "electronic storage" are LARGE archives of images, compressed files, backups, movies, or sound files. VNP DIGITAL allows up to 25 mb of archive storage, ex. movies, sound files (including real audio files), images, compressed files, Real Audio or Video archives, etc. To ensure proper use, all HTML pages MUST be hyper-linked to files (.HTML, .JPG, .GIF, etc.) stored on VNP DIGITAL server.
Note: CGI chat scripts are also not allowed and are considered and abuse of unlimited bandwidth. Any cgi scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources.
Server Abuse Any attempts to undermine or cause harm to a server is strictly prohibited and subject to termination on the spot with no warnings.
Faliure to abide to the Terms and Conditions/AUP will void the client's right to a refund.
Clients consent to VNP DIGITAL public disclosure that they are providing services to the client, which may include using the clients name in promotional materials. VNP DIGITAL reserves the right to use client quotes for promotional uses.
Suspensions: In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. VNP DIGITAL assumes no liability for the integrity of the data stored on a suspended server.
Cancellations: VNP DIGITAL requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket, email or phone. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date.
Fraud: In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of VNP DIGITAL. All information available to VNP DIGITAL about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
You agree that we are not to be held liable from acts beyond our reasonable control such as acts of God, strike, work stoppages, governmental regulation, natural disasters or political events.
Electronic Notifications Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Entire Agreement This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.