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Vodien Internet Solutions provides
web hosting services to subscribers around the world. The following
terms of service are designed to provide the highest level of service
available.
Content
All services provided by Vodien Internet Solutions are to be used
for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any local or
international 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 Vodien Internet Solutions, from any
claims resulting from the subscriber's use of Vodien Internet Solutions's
services which damages the subscriber or any other party.
Note:
Pornography and sex related merchandising are prohibited
on any Vodien Internet Solutions hosting account. This includes
sites that may imply sexual content, or link to adult content elsewhere.
This is also true for sites that promote any illegal activity or
content that may be damaging to Vodien Internet Solutions 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.
* Adult Sites
* Game Servers (dedicated game server programs)
Vodien Internet Solutions 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 Vodien Internet Solutions server or any server
located on the Vodien Internet Solutions network is STRICTLY prohibited.
Vodien Internet Solutions 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 Vodien Internet
Solutions.
- 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 Vodien Internet Solutions 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
lists of email addresses from 3rd parties for mailing to or from
any Vodien-hosted domain, or referencing any Vodien Internet Solutions
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
- We ask that users request permission before enabling persistent
background processes of substantial load. Unauthorized background
processes shall result in immediate termination of the account.
Vodien Internet Solutions maintains the right to cancel accounts
at its discretion.
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 Vodien Internet Solutions server
or subscriber of Vodien Internet Solutions 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 Vodien Internet Solutions and all account holders
must adhere to the above policies.
Scheduled
Maintenance and Downtime
Vodien Internet Solutions 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 Vodien Internet Solutions's control
or which are not reasonably foreseeable by Vodien Internet Solutions,
including the interruption or failure of telecommunications or digital
transmission links, hostile network attacks, or network congestion
or other failures. Vodien Internet Solutions 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.
Vodien Internet Solutions has no responsibility for downtime resulting
from a user's actions. Also, the 100% network uptime guarantee does
not apply for shared accounts.
Backups
Only Linux-based accounts have backup services. All backup services
are merely provided as a convenience to clients and Vodien Internet
Solutions will not accept any liability for any loss of data. All
clients are urged to perform their own backups regularly, and perform
backups before any major change to their websites.
Refunds
Refunds will be given at the discretion of the Company Management.
All fees outside of our 30-day money back guarantee are non-refundable
and non-negotiable. The 30-day money back guarantee only pertains
to shared hosting plans. Any setup fees are NON-refundable. $20
will be deducted from the money refunded if the user's domain was
registered via Vodien Internet Solutions's free domain registration
method.
Any violation of Vodien Internet Solutions's
Terms of Service Agreement shall result in no refund.
Limitations
on Use (Server resources / Bandwidth / Email)
Any account using 15% or more of the server CPU or memory can be
suspended and/or terminated.
Any account that uses excessive amounts of bandwidth
can and will be subjected to bandwidth throttling.
To prevent excessive bandwidth usage in a shared
environment, each shared hosting account is subjected to bandwidth
throttling based on the table below. Bandwidth usage is checked
daily, and limits are in place for the current month.
Plan Bandwidth Throttling
Standard Below 10GB: (10mbps burstable bandwidth) Maximum speed,
no throttling
Above 10GB: Bandwidth CAPPED at 64kbps
Professional Below 20GB: (10mbps burstable bandwidth) Maximum speed,
no throttling
Above 20GB: Bandwidth CAPPED at 64kbps
Enterprise Below 20GB: (10mbps burstable bandwidth) Maximum speed,
no throttling
Above 20GB: Bandwidth CAPPED at 64kbps
Users can purchase additional non throttled
(10mbps burstable bandwidth) data transfer at S$50/month per each
block of 10GB data transfer (Price correct as of 1st May 2009).
For users that require more than 100GB data transfer, higher resources
and dedicated bandwidth, you should consider upgrading to a VPS
account or Dedicated Server to ensure the best resources for your
website. Dedicated bandwidth is only applicable for non shared web
hosting.
Sending mass emails (more than 200 email addresses
per hour) on shared hosting accounts may cause your emails to be
lost or sent unsuccessfully because of the shared usage of email
resources. For mass sending of emails, please purchase our Enterprise
Plan for dedicated email queue (more information).
Account Setup,
Termination, and Billing:
The account will be charged on the day the order is processed, regardless
of the services' activation date. Our system will automatically
generate the invoice when your account is due for renewal. If you
wish to terminate your account, contact our billing department for
termination, and upon verification, your invoice and related subscription
services will be stopped.
Check Orders: Accounts for
subscribers who wish to pay by check will be setup when the check
is processed by the bank and funds are received.
Disabling of accounts due to overdue
payment: Accounts will be disabled if payment is not received
within 14 days of the invoice date. If your account has been disabled,
you may be charged a reconnection fee of up to $50 in order to re-enable
your account.
Termination of accounts due to overdue
payment: If the account is not paid within 30 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.
Parked Domain Names: There
is no charge for parking additional domain names.
Virtual Domain Names: Additional
domains that point to a sub folder (Virtual Domains) are free.
Domain Name Transfers: Vodien
Internet Solutions shall not be held responsible for domain transfers.
The account holder is responsible for completing any necessary domain
name transfers.
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. Vodien Internet
Solutions is not responsible for lost data or for lost data due
to third party software that is not maintained by Vodien Internet
Solutions programming staff. (Cpanel is not associated with Vodien
Internet Solutions)
Service Level Agreement (SLA)
Vodien's goal is to achieve 100% Web Site Availability
for all customers.
Subject to the exceptions below, if the Web
Site Availability of customer's Web site is less than 100%, Vodien
will issue a credit to customer in accordance with the following
schedule, with the credit being calculated on the basis of the monthly
service charge for the affected Services:
Web Site Availability Credit Percentage
99.6% to 99.9% 20%
99.4% to 99.6% 40%
99.2% to 99.4% 60%
99.0% to 99.2% 80%
99.0% or below 100%
Exceptions: Customer shall not receive any credits
under this SLA in connection with any failure or deficiency of Web
Site Availability caused by or associated with:
- Circumstances beyond Vodien's reasonable
control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, armed conflict, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay
in transportation, unavailability of or interruption or delay
in telecommunications or third party services, virus attacks or
hackers, failure of third party software (including, without limitation,
ecommerce software, payment gateways, chat, statistics or free
scripts) or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of this SLA
- Failure of access circuits to the Vodien
Network, unless such failure is caused solely by Vodien
- Scheduled maintenance and emergency maintenance
and upgrades
- DNS issues outside the direct control of
Vodien
- Issues with FTP, POP, IMAP, or SMTP customer
access
- False SLA breaches reported as a result
of outages or errors of any Vodien measurement system
- Customer's acts or omissions (or acts or
omissions of others engaged or authorized by customer), including,
without limitation, custom scripting or coding (e.g., CGI, Perl,
HTML, ASP, etc), any negligence, willful misconduct, or use of
the Services in breach of Vodien's Terms and Conditions and Acceptable
Use Policy
- E-mail or webmail delivery and transmission
- DNS (Domain Name Server) Propagation
- Outages elsewhere on the Internet that hinder
access to your account. Vodien is not responsible for browser
or DNS caching that may make your site appear inaccessible when
others can still access it. Vodien will guarantee only those areas
considered under the control of Vodien: Vodien server links to
the Internet, Vodien's routers, and Vodien's servers
Limitation of
Damages
Recovery of damages from Vodien Internet Solutions may not
exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding
contract between the subscriber and Vodien Internet Solutions.
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 Vodien Internet Solutions
administrators without prior notice.
All prices, with the exception of the 30-day
money back guarantee, are non-refundable and non-negotiable.
The 30-day money back guarantee only pertains
to shared hosting plans.
Any violation of these Terms of Service will
result in termination of the account. Vodien Internet Solutions
maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with
15 days prior notice.
The above stated Terms of Service is correct
as of 11 May 2009. |
