PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING
ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL
TERMS AND CONDITIONS. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
The company "Voxtreme.com, Inc." shall be
known throughout this document as "Voxtreme".
Voxtreme agrees to furnish services to the Subscriber,
subject to the following Acceptable Use Policy (AUP)
and Terms of Service (TOS).
Voxtreme reserves the right, in its sole discretion,
to terminate this Agreement immediately and without
prior notice or immediately suspend and/or cancel
permanently any and all services provided to the user
upon any breach of this Agreement by the user.
CONTENT
Voxtreme does not allow any of the following content
to be stored on its servers:
Illegal Material - This includes but is not limited
to copyrighted works, commercial audio, video, or
music files, and material in violation of any Federal,
State or Local regulation.
Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The
designation of "adult material" is left
entirely to the discretion of Voxtreme.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking, IP spoofing,
etc., and the encrypting of any of these. Unacceptable
sites also include any which provide "links to"
or "how to" information about proscribed
material as defined above.
COPYRIGHTED MATERIAL
POLICY
If any copyrighted material other than the holder
of the account's own is to be stored on a Voxtreme
server, Voxtreme must receive a signed photocopy or
original letter giving explicit, specific permission
from the copyright holder.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor
utilization. Voxtreme may implement the following
policy to its sole discretion:
When a website is found to be using excessive resources
available, Voxtreme reserves the right to suspend
that site immediately. This policy is only implemented
in extreme circumstances and is intended to prevent
the misuse of our servers. Customers may be offered
an option whereby Voxtreme continues hosting the website
for an additional fee.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although
Voxtreme reserves the right to change prices of accounts
or services at any time, all pricing is guaranteed
for the period of prepayment. Payment is due each
anniversary of the billing period following the date
the account was established. Customers will automatically
be charged again at the end of their prepay period
unless closure request has been made 5-7 business
days prior to ending of the prepay period. All cancellation
request must be made through client's area by clicking
the link 'Request Cancellation' in the 'My Hosting
Packages' area. Dedicated VDS require a 30 days prior
to ending of the prepay period cancellation notice.
In situations where the credit card number on file
is declined, Voxtreme will make multiple attempts
to charge again within the next 7 days. Invoices that
are 7 days past due dates will have the account suspended
imediately until the outstanding invoice is processed
successfully. Overdue invoice(s), if not paid within
10 days of the invoice due date, will have a $10 late
fee added to the invoice(s). Accounts which are past
due by 30 days are subject to termination of all services
provided by Voxtreme and will be removed completely
from our server(s). Voxtreme will make every attempt
to notify the client via email which is listed in
the members area. The customer is responsible for
all money owed on the account from the time it was
established to the time that a written cancellation
request is received.
CANCELLATION AND REFUNDS
Voxtreme reserves the right to cancel the service
at any time. In this event customers will be entitled
to a pro rata refund based upon their remaining period
of membership. If a customer contravenes Voxtreme
terms of service and incurs cancellation, a refund
will not be issued after the 30 days period of initial
signup.
Voxtreme offers offers Rapid SSL to Reseller, VDS
and Biennial Shared clients. A $69/yr. early cancellation
fee applies if the Rapid SSL is issued and the service
is terminated before the prepaid period.
30 DAYS MONEY BACK GUARANTEE
Voxtreme offers an unconditional money back guarantee
on its hosting services. Should you decide to cancel
your account within the initial 30 day period, you
will receive a full refund on the hosting fees. Domain
names registered through our services will be subject
to a $20 year domain registration fee.The registration
fees cannot be cancelled; arrangements can, however,
be made to transfer the domain name to your new provider.
Therefore, the registration service fees are non-refundable.
If Rapid SSL has been issued, a $69 yearly fee will
be applied toward a refund. If Flash Tutorial has
been issued, a $25 fee will be applied toward a refund.
If Billing System has been licensed, a $5 monthly
fee will be applied toward a refund.
SPAM OR UNSOLICITED
E-MAIL
Voxtreme takes a zero tolerance approach against UCE
and SPAM.
- UCE is the term used for Unsolicited Commercial
Emails.
- SPAM is the term used for Mass Unsolicited Emails.
Voxtreme strictly prohibits the sending of SPAM and
UCE from our servers. Usually these are promotions
or advertisements sent in bulk to the email addresses
of the people who have not requested this information.
Customers found to be in violation of this policy
will face severe penalties; Voxtreme reserves the
right to charge a penalty of up to $500 and permanently
cancel any and all services provided to the user.
ABUSE
Any attempts to undermine, slander, libel, threaten,
or cause harm to a Voxtreme server, customer, employee,
or the company directly/indirectly is strictly prohibited
and is grounds for immediate termination without refund.
In addition, we will pursue all attempts to the fullest
extent of the law.
INDEMNIFICATION
Customer agrees to defend, indemnify, save and hold
Voxtreme harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against Voxtreme, its agents, its 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, its agents,
employees or assigns. Customer agrees to defend, indemnify
and hold harmless Voxtreme against liabilities arising
out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with Voxtreme servers; (2) any material supplied by
customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to
the Customer from a Voxtreme server. Customer agrees
to limit the liability of Voxtreme to the amount paid
for service.
DISCLAIMER
Voxtreme will not be responsible for any damages your
business may suffer. Voxtreme makes no warranties
of any kind, expressed or implied, for services we
provide. Voxtreme disclaims any warranty or merchantability
or fitness for a particular purpose. This includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by Voxtreme and its employees. Voxtreme makes
no server "uptime" guarantees*.
Voxtreme performs immediate backups of all servers
via mirroring drives. Voxtreme can accept no responsibility
for any loss of data or consequences arising from
this. Voxtreme always advises clients to back up their
site data regularly for its own protection.
Customer hereby represents that he, she or it is either,
an individual entering this Agreement for his or her
personal use and is over 18 years of age, or a corporation,
limited partnership or other legal entity, duly organized,
validly existing and in good standing under the laws
of the state of its organization and the person acting
on behalf of Customer is duly authorized to accept,
execute and deliver this Agreement on behalf of Customer.
Failure to comply with any of our terms and conditions
will result in grounds for immediate account termination.
Voxtreme reserves the right to change, edit, or update
the policies contained in this document at any time
for any reason without notice.