Virz.IO Terms of Service

Hosted Web Services Policy and Service Agreement

This agreement is between you (“The Client” or “You”) and Virz.IO, a service of 3dotO Incorporated, (“Virz.IO” or “Us”).

Furthermore, these Policies, Guidelines, and Disclaimer are apply to all domains residing on Virz.IO servers or affiliates.

Content Policy:

All services provided by Virz.IO may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Virz.IO from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related web hosting of any kind is prohibited on all Virz.IO servers. This includes sites links to adult content hosted elsewhere. Virz.IO will be the sole arbiter in determining violations of this provision.

Sites that promote any illegal activity or present content that may be damaging to Virz.IO’s servers or any other server on the internet are prohibited. Links to such materials are also prohibited.

Hate sites or content that could be reasonably considered as slanderous or libelous are prohibited.

Sites that host copyrighted materiel without the permission of the copyright holder are prohibited. This includes, but is not limited to, audio and video files, and illegal and unlicensed software (warez) files.

If your account is found to be conducting illegal activity or contain illegal files, your account may be suspended or terminated immediately.

Spamming, or the sending of unsolicited email, from an Virz.IO server or using an email address or domain that is maintained on a Virz.IO server as reference is strictly prohibited. Virz.IO will be the sole arbiter as to what constitutes a violation of this provision.

Traffic and Storage Usage:

All account plans come with specified traffic and storage limits. Usage in excess of these limits will be billed as specified for your hosting plan. Your account may be suspended if any of your plan’s limits are exceeded.

IP Addresses:

Virz.IO will remain the sole owner of all IP network addresses within the it’s network. You agree that you shall not knowingly modify any TCP/IP configuration that will conflict, or otherwise disrupt network service by using configurations not allocated to you by Virz.IO. Virz.IO reserves the right to change allocated IP network addresses during upgrades, security provisioning, or any other network migration service.

Server Abuse:

Any attempt to undermine or cause harm to a Virz.IO server or to access resources not allocated to your hosting plan is strictly prohibited and your account may be suspended or terminated.

Using our system for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence is strictly prohibited and your account will be canceled immediately, without refund of payments.

Billing:

All Virz.IO subscription services automatically renew on the anniversary of the term specified by your subscription. You agree to pay these recurring fees. Your credit card will be billed automatically when your subscribed service renews. If we are unable to process your payment, your account may be suspended or terminated.

Account Activation:

By activating your account with Virz.IO, you agree to these policies and disclaimers. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer.

Domain Registration:

Unless specified, web hosting plans do not include domain name registration fees. You are responsible for registering and renewing your domain name at the registrar of your choice.

Domain Registration fees are non-refundable. It is your responsibility to make sure that you have no spelling errors in the domain name when you register it. Please be advised that all domain registrations made through Virz.IO’s servers are governed by these terms.

Money Back Guarantee:

All Virz.IO hosting accounts are backed by a thirty (30) day money back guarantee. If you cancel your hosting subscription in the first thirty (30) days we will refund the full amount paid. The money back guarantee applies to new purchases only.

The fees for the following items are not refundable:

• Domain Registration and Transfer fees.
• Plan Upgrades.
• Additional IP addresses.
• Disk Storage Upgrades.
• RAM Upgrades.
• SSL Certificates.
• Custom Configurations.

Currency:

All prices are in US Dollars. We are not responsible for any currency exchange fees of your credit card company or your bank.

Limitation of Liability:

Virz.IO shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Virz.IO servers going off-line or being unavailable for any reason whatsoever. Furthermore, Virz.IO shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Virz.IO servers. All damages shall be limited to the immediate termination of service. All clients are advised to perform regular off site backups of their site’s files and data.

Common Carrier:

You agree that Virz.IO is solely acting as a common carrier in its capacity of providing services and is not a publisher of any material or information and has no right to edit or censor the material you host on it’s servers and that Virz.IO is not responsible for hosted website content. All hosted files will be considered publicly accessible and publication of these files does not create any express or implied approval of these files by Virz.IO, neither does it indicate compliance with the terms of this agreement.

Availability of Service:

You agree that interruptions of services may occur due to scheduled maintenance and repair by Virz.IO, or by other causes beyond Virz.IO’s control. You agree that under no circumstances will Virz.IO be held liable for any financial or other damages due to such interruptions. In no event shall Virz.IO be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this agreement.

Disclaimer of Liability:

You agree that Virz.IO is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network services you may utilize.

Indemnification:

You agree to indemnify, defend, and hold harmless Virz.IO from any and all liability, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, VIRZ.IO, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.

Notice:

Virz.IO retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to make changes to our account plans without notification. Our services may only be used for lawful purposes and any use of these services which violates any laws which may apply to your local jurisdiction, or any jurisdiction that you or your site may be subject to, is strictly prohibited. You also attest that, as the person legally responsible for all use of your account, you are at least 18 years of age. You agree to supply Virz.IO with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to Virz.IO, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Virz.IO will be the sole arbiter as to what constitutes a violation of these terms.

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event either party hires an attorney to enforce or carry out the terms, conditions and covenants of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, paraprofessional fees and costs, including at trial and appellate levels. In such event, to the maximum extent permitted by law, each of Provider and Client knowingly, voluntarily, intentionally and irrevocably waive all right to trial by jury in respect of any action, proceeding or counterclaim (whether based on contract, tort, or otherwise) arising out of or relating to any of the provisions of this Agreement, or any course of conduct, course of dealing, statements (whether oral or written) or actions of any party thereto or to any document pertaining to this Agreement or to the transaction contemplated hereby. This provision is a material inducement of all parties entering into this Agreement. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Florida in respect of any suit or other proceeding brought in connection with or arising out of this Agreement and venue shall be in Broward County, Florida.

Violations of these Terms of Service and Acceptable Uses Policies should be referred to:

abuse@virzio.com

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.