PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR VNET SERVICES ("GUIDELINES") AND VNET'S PRIVACY STATEMENT ("PRIVACY STATEMENT")BEFORE ACTIVATING AN ACCOUNT WITH VNET. THESE TERMS AND CONDITIONS AND THE GUIDELINES GOVERN YOUR USE OF VNET SERVICES, INCLUDING WITHOUT LIMITATION COMPUTING AND INFORMATION SERVICES, PROVIDED BY VNET. BY USING VNET SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE GUIDELINES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACTIVATE AN ACCOUNT WITH VNET.

The Guidelines and the Privacy Statement may be found here.

If at any time after activation of Your account for VNET Services, You do not agree to be bound by these Terms and Conditions, You should immediately end Your use of VNET Services including any third party software distributed by VNET. VNET may change these Terms and Conditions and the Guidelines and the Privacy Statement at any time. Such changes and their effective date will be posted on the VNET website at http://www.v-net.us. You agree to review changes to these Terms and Conditions, the Guidelines and the Privacy Statement and if any change is not acceptable to You, You agree to terminate use of VNET Services. Your continued use of VNET Services and/or VNET software after the effective date of any such change constitutes Your acceptance of all of the changes.

1.0 General

VNET reserves the right to prohibit any conduct or to remove any materials or content in violation of these Terms and Conditions, the Guidelines, the License Agreement or which VNET believes in its sole discretion to be illegal or potentially harmful to others or may expose VNET to liability. VNET may suspend or terminate Your account for VNET Services at any time for any reason (including, but not limited to, if VNET determines that You have failed to comply with any of these Terms and Conditions or Guidelines). Before terminating Your account, VNET will use reasonable efforts to contact You using the information contained in the registration form that You submitted to VNET. It is Your responsibility alone to ensure that this information is complete and accurate at all times.

2.0 VNET Services

Technical Support:
VNET shall provide technical support via telephone or e-mail. For the first 30 days of establishing service with VNET, there is no charge for eMail or telephone technical support issues related to eMail administration. After the first 30 days of establishing service, technical support services will be billed as follows:

$95.00 USD per hour for Normal* Hours
$125.00 USD per hour for Overtime** Hours

* Normal Hours- Monday thru Friday from 8:00 AM CST to 5:00 PM CST
** Overtime Hours - Friday 5:01 PM CST thru Monday 7:59 AM CST, Monday thru friday from 5:01 CST to 7:59 AM CST

No charges will apply to those issues determined by VNET to be caused by VNET.

Collection and Use of Personal Information. In connection with providing VNET Services, VNET will collect information about You. VNET will collect data about Your usage of VNET Services. In addition, VNET will collect information that You provide in response to VNET questionnaires and surveys. VNET may provide the information and data it collects about You (including information about Your computer system and platform) to third parties, including advertisers, clients, marketing organizations and others, that VNET may select. However, VNET will not disclose any personal identifying information about You such as Your name, address, telephone number, credit card number(s), e-mail addresses, or other personal and confidential information, unless You specifically request VNET to do so or except as may be required by law. VNET will not collect information regarding software programs, utilities or other materials that reside on Your computer(s).

Invoicing:
Web hosting invoices are due "in advance". Invoices not paid in full may result in a interruption of service.

Finance charges are applied to overdue invoices at a rate that may be up to the maximum rate allowable by Alabama law.

3.0 Your Obligations

Accessing VNET Services. You are responsible for obtaining and maintaining, at Your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access VNET Services and for ensuring such equipment and services are compatible with VNET's requirements.

Use Of Your VNET Account. You are responsible for all use of Your account and for the security of Your login identification, Your password and any security lock code that You use to protect access to Your data, Your file name(s) and files, network and user access, and any information You disseminate through use of VNET Services or through other Internet services. You may not transfer or permit any other person to use Your account for VNET Services.

No Resale of VNET Services. VNET Services are for use of registered members only and may not be resold, leased, used for sale, exchange, barter, or otherwise. The rights granted to You and VNET Services provided pursuant to these Terms and Conditions may not be assigned or transferred to any other person or to any other locations.

Transmission and Receipt of Content VNET exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between You and others or between You and VNET related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud and the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from or which are related in any way to the content of information that You transmit, re-transmit or receive through VNET's network or equipment are Your sole and exclusive responsibility. VNET may elect to terminate Your account if You use VNET Services to display, transmit or distribute copyrighted material without a license, valid defense or fair use to do so. Upon receiving notice that Your account has been used for infringing activities, VNET will issue one warning to You that Your account may be terminated without further notice upon a subsequent occurrence of infringement, whether inadvertant or not.

4.0 Indemnification of VNET

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VNET AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE (BY YOU OR ANY THIRD PARTY) OF VNET SERVICES THROUGH THE VNET ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM VNET'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF VNET SERVICES PROVIDED TO YOU.

5.0 Warranty Disclaimers

YOU ACKNOWLEDGE THAT VNET SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF VNET SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF VNET SERVICES OR THAT VNET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6.0 Limitation of VNET's Liability

IN NO EVENT SHALL VNET BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT VNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. VNET SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL VNET'S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR VNET MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, VNET's liability shall be limited to the greatest extent permitted by law.

7.0 Miscellaneous

Force Majeure. VNET shall not be liable for nonperformance or delay in performance caused by any event its beyond its reasonable control including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks.

Entire Agreement. These Terms and Conditions, the License Agreement and the Guidelines (the terms of which are hereby incorporated by reference) together constitute the sole agreement between VNET and You respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that You have read these Terms and Conditions, the License Agreement and the Guidelines and understand their terms.

Legal Actions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms and Conditions shall be the state and federal courts located in Mobile, Alabama, USA and You consent to such jurisdiction and waive all objections to such jurisdiction and venue.

Severability. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect.

No Waiver. Any failure of VNET to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions.

8.0 How To Contact Us

Specific questions about these Terms and Conditions should be directed to: Contact Us