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VirtualSplits™ Terms of Service

Our Terms Of Service exists for one purpose and one purpose only:
The encouragement of a win-win relationship between VirtualSplits™ and ALL of our clients.

The following terms of service are designed to provide the highest level of service available and shall constitute a binding contractual agreement between VS&R Services LLC doing business as VirtualSplits™ and the subscriber of services ("Client").


Content

All services provided by VirtualSplits™ are to 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 Local law 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. The subscriber agrees to indemnify and hold harmless VirtualSplits™, from any claims resulting from the subscriber's use of VirtualSplits™' services which damages the subscriber or any other party.

Note: Illegal activity or content that may be damaging to VirtualSplits™ servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Game Servers (dedicated game server programs)

VirtualSplits™ will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

  • Spamming, i.e. the sending of unsolicited email, from any VirtualSplits™ server or any server located on the VirtualSplits™ network is STRICTLY prohibited. VirtualSplits™ will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at VirtualSplits™.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VirtualSplits™ customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any VirtualSplits™-hosted domain, or referencing any VirtualSplits™ account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs/Processes - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a VirtualSplits™ server or subscriber of VirtualSplits™ is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of VirtualSplits™ must adhere to the above policies.

Scheduled Maintenance and Downtime

VirtualSplits™ will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond VirtualSplits™' control or which are not reasonably foreseeable by VirtualSplits™, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. VirtualSplits™ will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. VirtualSplits™ has no responsibility for downtime resulting from a user's actions.

Limitations on Use

Any account using excessive amounts of cpu or memory resources for a continuous period of time can be suspended and/or terminated. However, if the issue do not require immediate action, we would do our best to reach the account owner and talk about this before we make a move.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Account Setup, Termination, and Billing:

Refunds

Refunds will be posted for FULL months only and limited to annual billing cycles, with the exception of our 30 day money back guarantee. Notice of cancellation must be given before the month in question begins.

Any violation of VirtualSplits™' Terms of Service Agreement shall result in no refund.

The account will be charged on the day the order is processed. The account will not be charged again until the next month's billing cycle.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date.

Termination of accounts due to overdue payment: If the account is not paid within 29 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. VirtualSplits™ is not responsible for lost data or for lost data due to third party software that is not maintained by VirtualSplits™ programming staff. (Cpanel is not associated with VirtualSplits™)

Limitation of Damages

  • Recovery of damages from VirtualSplits™ may not exceed the amount of fees it has collected on the account.
  • Terms Of Service are subject to change without any prior notification.
  • These Terms of Service are a legally binding contract between the subscriber and VirtualSplits™.
  • By opening an account, the subscriber agrees to the above-stated terms.
  • Anything not listed in the Terms of Service is open to interpretation and change by VirtualSplits™ administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. VirtualSplits™ maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between VirtualSplits™ and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.