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You are not authorized to use or access Vigil Host web site and/or services without acceptance of these terms and conditions. Use of this web site means your acceptance of these terms and conditions.
Subject to change without prior notice
Vigil Host may at any time make modifications, improvements and/or changes to these Terms of Service, the information, names, images, pictures, logos and icons displayed on this web site, or the products and services referred to within, and may do so with or without notice.
Acceptable Use Policy
Vigil Host is a web hosting service provider. Vigil Host reserves the right to deny service to anyone at any given time for reason(s) of infringement of copyrights or any other reason(s) at its sole discretion.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with these Terms, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate these Terms.
Vigil Host will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Violations of Vigil Host Terms of Service and Acceptable Use Policies
Vigil Host does not allow storage of the following content in the web hosting disk space (including FTP disk space) that you are provided with:
- Illegal Material - Copyrighted works, commercial video, audio or music files and any material that violates any Federal, State or Local law or regulation. Adult material may be stored and published as long as is its content remains legal. Non-acceptable adult content includes, but is not limited to: child pornography, incest and bestiality, scenes of real violence and crime. You are also prohibited to link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.
- Warez and Malicious Software - Pirated software and cracks, emulators, ROMs, phreaking, hacking, password cracking, IP spoofing, Trojan horses, viruses, spy-ware, malware, etc., and encrypted versions of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
- Spam (unsolicited bulk e-mail) & Undesirable E-mail Services - No spamming is allowed. We reserve the right to cancel any account for spamming immediately and without refund. We also reserve the right to cancel without refund, any account that causes our company to be blocked by any e-mail service - this includes selling bulk-emailing software and/or e-mailing lists.
- Collection of Personal Data - Use of the Vigil Host service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Threats - Use of the Vigil Host service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment - Use of the Vigil Host service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent Activity - Use of the Vigil Host service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- IRC Networks - It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network on our servers. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice.
If you are found to be engaged in any of the above activities, we reserve the right to terminate and/or suspend your service immediately without warnings and refunds. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of these Terms will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
When a website is found to be monopolizing the resources available, Vigil
Host reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site is hosted or any other servers your site is associated with.
Payment Policy
All accounts are set up and operated on a monthly prepay basis through Paypal Subscription service.
Vigil Host reserves the right to change prices for its services at any time, although price is guaranteed to remain the same for the prepaid period.
Should the account holder opt not to renew his/her account by failure of payment for the appropriate amount due,
Vigil Host will suspend the service of the unpaid account after 3 collection attempts have been made, or within 10 days of the original payment due date, whichever comes first. This will not suffice as a cancellation of services and billing will continue on the account until which time an acceptable cancellation notice has been rendered.
In addition, the customer is responsible for all charges applied to his/her account from the time of the account creation until a cancellation notice is submitted to our Billing Department via our
Support System. No other method of account cancellation, either written or verbal, will be accepted for purposes of canceling an account.
No bills or invoices will be sent by regular mail or email. All accounts will be automatically billed by Paypal's Subscription Service, which sends an email notification to subscribed account holders stating that a payment has been issued.
Accounts Cancellation and Refunds
Vigil Host reserves the right to cancel any account holder's service at any time. In the event that this cancellation is not due to a violation of these Terms Of Service, customers will be entitled to a pro-rated refund based on the remaining period of their membership. No other refunds, other than our 30 Day Money Back Guarantee (outlined below), will be issued for any reason.
Customers may cancel their accounts at any time. However, the cancellation must be made to our Billing Department via our
Support System. The cancellation of an account will be effective as of the first day of what would be the following billing cycle. This will ensure that your account (website & hosting service) will remain active and accessible through the end of the pre-paid period. No new charges will be applied to your account for any services rendered on or after the specified cancellation date.
30 Day Money Back Guarantee
Should you decide to cancel your account within the initial 30 day period,
Vigil Host offers an unconditional money back guarantee. You will receive a full refund on the pre-paid hosting fees, provided the appropriate cancellation notice is received within the initial 30 days of service.
Disclaimer
Vigil Host shall not be held responsible for any damages your business may suffer.
Vigil Host makes no warranties of any kind, either expressed or implied for services it provides.
Vigil Host disclaims any warranty of merchantability or fitness for any particular purpose. This includes loss of profit resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery and any and all service interruptions caused by
Vigil Host's proprietors and their employees. Vigil Host reserves the right to revise this policies at any time.
Customer agrees that it shall defend, indemnify, save and hold Vigil Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against
Vigil Host's owners, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of
Vigil Host. Customer agrees to defend, indemnify and hold harmless Vigil
Host owners against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with
Vigil Host. (2) any material supplied by customer infringing or allegedly infringing the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from
Vigil Host's servers.
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