ACCEPTANCE OF THE TERMS:
By logging on to this domain or using any resources within this domain, you indicate your acceptance of and are bound by the terms of service (TOS) as set forth below. If you are uncomfortable with these terms, you must leave this site immediately, and purge your system of any material from this domain. Please check the Terms periodically for changes. Your continued use of our service following the posting of any changes to the TOS constitutes acceptance of those changes.
It is the user’s responsibility to maintain familiarity with the TOS. We shall not be bound to provide notice of TOS updates to individual users. Please check this page from time to time for the latest updates. The TOS may also be sent to you via e-mail. In order to receive an instant copy of the TOS, send e-mail to tos@virtbiz.com. It is not necessary to include a subject or a message.
PROTECTION OF CONTENTS:
Visitors to this site are free to browse any images and text, but all images and words contained in this domain and system are to be considered the sole property of virtbiz.com, unless otherwise stated. No text or images from this site are to be copied to or utilized on any other Internet site or for any other purpose. All contents are copyright of the bearer, unless otherwise stated.
Violators may be prosecuted under applicable laws.
RESOURCE MONITORING:
The services we provide and the resources we use to provide them are our exclusive property.
We reserve the right to monitor traffic and usage of all our resources, including, but not limited to, our e-mail, FTP, DNS and web (www) servers. E-mail messages may be monitored for the purposes of maintenance, research, training, traffic metering, and maintaining compliance to the TOS. We shall not be required to notify a user when monitoring is taking place. This shall serve as legal notice where applicable.
THIRD PARTY SITES:
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply our endorsement of the site or any association with its operators.
RECURRING BILLING:
Services may be billed monthly, quarterly, semi-annually or annually. All services are pre-paid. Payment may be made by check, credit/debit card or PayPal. As a convenience to our customers, we offer the ability to place a credit/debit card on file to be automatically processed on the due-date of an invoice. Prepayment for periods of 3 months, 6 months and 1 year shall be fixed at the published rate current at the time the agreement is made. Month-to-Month users may be prorated to the end of current month and billed thru the next full month. Monthly users shall be charged at the current quoted rate at the time of the prepayment. 6 month and 1 year users shall be automatically renewed at the end of their pre-paid term to the same term length of their previous subscription at the current rate published online. All cancellations and changes must be provided in writing via facsimile or postal mail or online via the VIRTBIZ Customer Portal at https://www.virtbiz.com. All cancellations are subject to 30 day notice. Any changes received will take effect at VIRTBIZ’s earliest availability and any additional billing for changes will be due immediately upon completion and/or inception. VIRTBIZ reserves the right to suspend access to service for User’s account(s) upon an indication of problems including delinquent payments or rejection of any credit card charges or returned checks.
DOMAIN NAME REGISTRATION:
As a convenience to our customers, we may choose to make domain name registrations available at a reasonable fee either directly or through an ICANN-approved Top Level Domain (TLD) registrar partner company of our choosing. While every effort is made to ensure the reliability of our domain name registration service, no warranty or guarantee can be made to the availability or fitness of use of any services provided by a partner company or any outside party. We further do not guarantee the security of your domain name registration records, and you assume all risks in the event the security option you select is compromised as a result of fraudulent, unauthorized or illegal activity. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name. If we have registered a domain name on your behalf, you agree that the domain name shall be held under our exclusive control, and that no claims may be made to any domain name that we maintain control over. You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services at our sole discretion as a result of failure to comply with the TOS, nonpayment of fees, or in order to: correct mistakes made by us, another registrar or the registry in registering your chosen domain name, or to resolve a dispute.
USER’S GRANT OF LIMITED LICENSE:
By posting or submitting content to this site, you: grant us and our affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and our use of your content by will not infringe or violate the rights of any third party.
The benefits of or rights conferred by this Agreement are non-transferable. User agrees to use the service in a manner consistent with any and all applicable state and federal laws. User agrees to follow the Acceptable Use Policy of any network User connects to. If User is less than 18 years of age, this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s). User is responsible for all of User’s account(s) and confidentiality of password(s). We will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. User is responsible for all local or long-distance telephone charges for connecting to VIRTBIZ.
COMMERCIAL E-MAIL:
This company will never send an unsolicited e-mail message. We maintain a very serious position on this matter. Also, we do not allow the distribution of unsolicited commercial e-mail (sometimes called junk e-mail or spam) by third parties to its members. If there are attempts to send unsolicited e-mail to anyone in this domain from other accounts in this domain or from over the Internet, it is our policy to take appropriate action to see that such solicitations are not sent though this system again.
It is a violation of our terms of service to send unsolicited advertising and promotional material through our system, or to give a return address of this domain or system.
It is the policy of this company to charge a flat rate fee for message storage & transmission for any unsolicited commercial mailings of $100.00 per message received. Bills left unpaid after 30 days will be forwarded to applicable service providers and assessed a 50% late fee. After 60 days, unpaid bills will be referred to applicable credit reporting and collection agencies. A second unsolicited commercial e-mail through this domain will also result in action under the terms of applicable U.S. law, including Title 47, Sec.227(b)(1)(C) of the U.S. Code, as follows: “It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.” A “telephone facsimile machine” is defined in Sec.227(a)(2)(B) as: “equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.” Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine.
Our company specifically does not authorize the use of its proprietary computers, servers, routers and computer network (the “network”) to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to our members. It is also a violation of policy, and the law, to send or cause to be sent to, or through, the network Internet email that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. We consider such email to be counterfeit, and any attempt to send or cause such counterfeit email to be sent to, or through, our network is unauthorized. Moreover, any email relayed from a third party’s mail servers without the permission of that third party, or any email that hides or obscures, or attempts to hide or obscure, the source of an email also constitutes an unauthorized use of our network. Email sent or caused to be sent to our network that violates our Terms of Service is also unauthorized. Nor do we authorize the harvesting or collection of screen or account names from the our network for the purpose of sending unsolicited email.
Our customers may send a single e-mail message to a maximum of 100 recipients in one mailing, not to exceed 500 recipients within a one hour period. All single e-mails sent to over 100 addressees will not be delivered. No notice will be given to you in this case. If you send e-mails to more than 500 recipients within a one hour period, your ability to send ANY e-mail messages is suspended. We reserve the right to take all legal and technical steps available to prevent unsolicited bulk email or other unauthorized email from entering, utilizing or remaining within our network. Such action may include, without limitation, the use of filters or other network devices, immediate termination of service, and prosecution of offenders through criminal or civil proceedings. Nothing in this policy shall be construed to grant any right to transmit or send email to, or through, our network, and in no event shall any failure by us to enforce this policy constitute a waiver of our rights.
Unauthorized use of our network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); and various state laws, including the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999.)
VIRTBIZ, in its sole discretion, may terminate service without warning for any customer who is found to send unsolicited commercial email. In no case shall we be held liable for any loss of income, business interruption, or other damages that may be caused by such termination of service and remain protected by our published Terms of Service (TOS), Acceptable Use Policy (AUP) in addition to the United States of America “Can Spam Act of 2003” which states in part (b) “ISP HELD HARMLESS FOR GOOD FAITH PRIVATE ENFORCEMENT- An ISP is not liable, under any Federal or State civil or criminal law, for any action it takes in good faith to block the transmission or receipt of unsolicited commercial e-mail.”
DATA INTEGRITY/BACKUPS:
Shared Hosting: Our shared hosting servers are backed up on a nightly basis in order to provide continuity for disaster recovery purposes. As these backups are automated and overwrite previous backups, we cannot guarantee the backup will contain the exact desired content (website files, emails, database records) for every customer. To this end, VIRTBIZ offers backup provisions through the hosting control panel (ie: cPanel, BlueOnyx, Plesk) that customers are encouraged to take advantage of. Backups can be stored on the hosting server itself as well as downloaded for local storage (ie: a “safety copy”).
Dedicated Hosting: VIRTBIZ does not provide any sort of backup solution by default for dedicated or VPS servers. It is expected that the customer has a working competency with regard to data integrity and it is the customer responsibility to maintain a backup strategy. VIRTBIZ may be able to offer support for customer backups, both on-site and off-site. Dedicated hosting customers can contact their account representative for assistance and consultation.
Colocation: Due to the nature of varied colocation use cases, no backup solution is provided for colocation users. It is expected that the customer has a working competency with regard to data integrity and it is the customer responsibility to maintain a backup strategy. IRTBIZ may be able to offer support for customer backups, both on-site and off-site. Colocation hosting customers can contact their account representative for assistance and consultation.
INDEMNIFICATION:
Upon our request, you agree to defend, indemnify, and hold harmless our company and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. In the event that any suit or claim is brought against us that is contrary to any portion of this TOS or our AUP document, such action shall be considered frivolous. We shall immediately seek dismissal with reimbursement of all court costs and legal fees in addition to punitive damages. In no event shall VIRTBIZ be liable for incidental, consequential, special or indirect damages, including, without limitation, lost business profits. Additionally, VIRTBIZ shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control. SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO VIRTBIZ OR ANY INFORMATION OR SOFTWARE THEREIN. Except as may be otherwise specifically provided, THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY VIRTBIZ OR ITS PROVIDERS.
RESTRICTION OF ACCESS:
A user may be restricted or barred from our system at any time. Causes for access restriction include, but are not limited to: non-payment, failure to adhere to the TOS, non-compliance with relevant laws, and transmission of material we deem inappropriate.
Restriction may be authorized by our webmaster or officer of the company. Disputes will be handled on an individual basis and only in writing. We will send written notice via US Postal Service with our final decision. Send your request to:
INTERNET RESOURCE ACCESS REQUEST
VIRTBIZ Internet Services
2000 N Central Expwy, Suite 150
Plano TX 75074
UNAUTHORIZED ACCESS:
Access to system resources beyond what has been made available through this website is strictly forbidden.
Attempts to access or “hack” into restricted areas of our system will be prosecuted to the fullest extent of State and Federal laws, and extradition will be fully enforced when applicable.
Should you have any questions about the terms of service, send an e-mail to support@virtbiz.com. It may be helpful to include the subject “Terms of Service” in your message.
CONSEQUENCES OF VIOLATION:
Violation of this Policy by a customer may result in temporary suspension or permanent termination of service, at our sole discretion. We do not issue service credits for any outages incurred through service disablement resulting from Policy violations.
INCLUSION OF SERVICE AGREEMENT:
Users may also be bound to other terms as a part of our Network Service Agreement.