This Services Agreement (the Agreement) contains the complete terms and conditions which govern your use of Web hosting, Domain Registrations, e-commerce, Dedicated Servers, and other services provided by Visichatdesign (the Services). In this Agreement, Visichatdesign, we, us means Visichatdesign and Client, Subscriber, you, or your means you. By clicking on the Submit Order button, or by buying any of our hosting package, you acknowledge that you have read the Agreement, and you agree to its terms, conditions and all policies of Visichatdesign. Failure to comply with these terms and conditions may result in account suspension or termination, the determination made at the sole discretion of Visichatdesign, on a case-to-case basis.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Refund / Moneyback Policy
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed 14 days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee will be added. Visichatdesign 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 notifie Visichatdesign to request for termination of services. Although we are based in the UK our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Visichatdesign can not refund any payments made before.
All annual payments are non refundable once the 2 days money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Any attempt to undermine or cause harm to a server or customer of Visichatdesign is strictly prohibited.
Visichatdesign 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 theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Visichatdesign, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Visichatdesign 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.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamming, FFA (Free-For-All) and/or anything else determined by Visichatdesign to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or 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; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); 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.
Visichatdesign will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Visichatdesign client account.
The intention of Visichatdesign is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go un monitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Visichatdesign will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Visichatdesign hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Visichatdesign notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Visichatdesign reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Visichatdesign and Customer regarding the interpretation of the AUP, Visichatdesign commercially reasonable interpretation of the AUP shall govern.
Customer Information !
Customer represents and warrants to Visichatdesign that the information he, she or it has provided and will provide to Visichatdesign for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents, Visichatdesign may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancellation. Visichatdesign takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which 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 - 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. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. 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 website hosted by or through Visichatdesign (spamvertising), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Visichatdesign at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (SLA) & SPECIFICATIONS - Visichatdesign endeavors to have the content of YOUR website 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 Visichatdesign to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Visichatdesign online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Visichatdesign NOC.