Ventana Web Solutions Terms Of Service
Terms Of Service
IMPORTANT NOTICE: *All Payments To Ventana Web Solutions Are Non-Refundable*
Ventana Web Solutions ("THE DEVELOPER") agrees to furnish services to the CLIENT, subject to the following TOS (Terms of Service).
Use of Ventana Web Solutions Service constitutes acceptance and agreement to Ventana Web Solutions’ AUP as well as Ventana Web Solutions’ TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Ventana Web Solutions, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of THE DEVELOPER. CLIENT understands that change to the AUP by THE DEVELOPER shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Yolo applicable to contracts enforceable in that state. Venue will be Yolo County, California
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, CLIENT agrees that THE DEVELOPER may disclose any and all CLIENT information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the CLIENT. In addition Ventana Web Solutions shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: CLIENT acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to CLIENT. CLIENT is aware that THE DEVELOPER may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by THE DEVELOPER of payment of stated charges. Subsequent payments are due on the 5th day of the month for that month's service. The above applies to all accounts and services provided by Ventana Web Solutions.
4. Payments and Fees: Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Ventana Web Solutions may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay THE DEVELOPER a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to Ventana Web Solutions are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
6. Failure to Pay: THE DEVELOPER may temporarily deny service or terminate this Agreement upon the failure of CLIENT to pay charges when due. Such termination or denial will not relieve CLIENT of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Ventana Web Solutions Attn: Cancellations, 142 Sierra St., Woodland, CA 95695.
8. CLIENT acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of THE DEVELOPER and that damages resulting from any interruption of service are difficult to ascertain. Therefore, CLIENT agrees that THE DEVELOPER shall not be liable for any damages arising from such causes beyond the direct and exclusive control of THE DEVELOPER. CLIENT further acknowledges that THE DEVELOPER’S liability for its own negligence may not in any event exceed an amount equivalent to charges payable by CLIENT for services during the period damages occurred. In no event shall THE DEVELOPER be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Ventana Web Solutions on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Ventana Web Solutions will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Ventana Web Solutions on behalf of the account holder a handling fee will be incurred. If the CLIENT cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Ventana Web Solutions, provides technical support to our CLIENT’S (except for few holidays) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Ventana Web Solutions provides support related to your server or virtual site physical functioning. Ventana Web Solutions does not offer tech support for application specific issues such as cgi programming, or any other such issue. Ventana Web Solutions does not provide technical support for YOUR CLIENT’S. If you can email, we encourage you to email support@ventanawebsolutions.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at www.ventanawebsolutions.com- we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
12. SPAM and Unsolicited Commercial Email (UCE): Ventana Web Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that CLIENT’S of Ventana Web Solutions may not use or permit others to use our network to transact in UCE. CLIENT’S of Ventana Web Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of Ventana Web Solutions’ SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Ventana Web Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ventana Web Solutions may restrict CLIENT access to the network to prevent further violations. If a CLIENT is found to be in violation of our SPAM policy, Ventana Web Solutions may, at its sole discretion, restrict, suspend or terminate CLIENT’S account. Further, Ventana Web Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ventana Web Solutions will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Ventana Web Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our CLIENT’S are ultimately responsible for the actions of their CLIENT’S over the Ventana Web Solutions network, it is advisable that CLIENT’S develop a similar, or stricter, policy for their CLIENT’S.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that you agree
to remove ANY and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm that all material has
been COMPLETELY removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the CLIENT. Any server
guilty of a second violation WILL be immediately and permanently removed from
our network without notice.
13. Network
a. IP Address Ownership: If Ventana Web Solutions assigns CLIENT an Internet Protocol address for CLIENT’S use, the right to use that Internet Protocol address shall belong only to Ventana Web Solutions, and CLIENT shall have no right to use that Internet Protocol address except as permitted by Ventana Web Solutions in its sole discretion in connection with the Services, during the term of this Agreement. Ventana Web Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to CLIENT by Ventana Web Solutions, and Ventana Web Solutions reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that CLIENT’S are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage: CLIENT agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by CLIENT (the "Agreed Usage"). Ventana Web Solutions will monitor CLIENT’S bandwidth and disk usage. Ventana Web Solutions shall have the right to take corrective action if CLIENT’S bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Ventana Web Solutions’ sole and absolute discretion. If Ventana Web Solutions takes any corrective action under this section, CLIENT shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a CLIENT exceeds the included allocation, Ventana Web Solutions may, at its sole discretion, collect a deposit, in an amount determined by Ventana Web Solutions, against CLIENT’S credit card on file with Ventana Web Solutions.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Ventana Web Solutions Network. Violations of system or network security may result in civil or criminal liability. Ventana Web Solutions will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. Ventana Web Solutions is under no duty to look at each CLIENT’S or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Ventana Web Solutions determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Ventana Web Solutions’ discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Ventana Web Solutions determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a CLIENT’S network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: Ventana Web Solutions reserves the right to suspend network access to any CLIENT if in the judgment of the Ventana Web Solutions network administrators the CLIENT’S server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Ventana Web Solutions chooses. If inappropriate activity is detected, all accounts of the CLIENT in question will be deactivated until an investigation is complete. Prior notification to the CLIENT is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The CLIENT will not be credited for the time the CLIENT’S machines were suspended.
16. Ventana Web Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Ventana Web Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your CLIENT’S in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification: Ventana Web Solutions wishes to emphasize that in agreeing to the Ventana Web Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), CLIENT indemnifies Ventana Web Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Ventana Web Solutions or the bringing of any claim against Ventana Web Solutions by any third-party. This means that if Ventana Web Solutions is sued because of a CLIENT’S or a CLIENT of a CLIENT’S activity, the CLIENT will pay any damages awarded against Ventana Web Solutions, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by THE DEVELOPER of any breach of any provision of this Agreement by CLIENT shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. CLIENT shall not transfer or assign this Agreement without the prior written consent of THE DEVELOPER. Company may assign Agreement at anytime without consent from or notice to CLIENT. Company reserves right to cancel CLIENT’S rights under this contract at anytime without further obligation.
c. Ventana Web Solutions takes no responsibility for any material input by others and not posted to the Ventana Web Solutions Network by Ventana Web Solutions. Ventana Web Solutions is not responsible for the content of any other websites linked to the Ventana Web Solutions Network; links are provided as Internet navigation tools only. Ventana Web Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. Ventana Web Solutions is not responsible for any damages your business may suffer. Ventana Web Solutions does not make implied or written warranties for any of our services. Ventana Web Solutions denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ventana Web Solutions.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as Ventana Web Solutions’ CLIENT,
are solely responsible for the content stored on and served by your Ventana
Web Solutions server.