Domain name registration services are provided by corresponding registries on behalf of VIVA4 Solutions. Please refer to the applicable registration agreements.
WEB HOSTING TERMS OF SERVICE
VIVA4 Solutions provides
World Wide Web page hosting. VIVA4 Solutions reserves the right to suspend
or cancel a customer's access to any or all services provided by
VIVA4 Solutions when VIVA4 Solutions decides that the account has been
inappropriately used or otherwise.
SERVER USE
Personal accounts are to be used by the
primary owner only. Personal account holders are not permitted resell, store or
give away web-hosting services of their web site to other parties. Web hosting
services are defined as allowing a separate, third party to host content on the
owner's web site. Exceptions to this include ad banners, classified ads, and
personal ads.
VIVA4 Solutions reserves the right to refuse service and
/or access to its servers to anyone.
VIVA4 Solutions do not allow any of the following content to be stored on
its servers:
Illegal Material - This includes copyrighted works,
commercial audio, video, or music files, and any 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 VIVA4 Solutions.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Commercial Email (SPAM) - Includes the sending of unsolicited email, or using an email address hosted by VIVA4 Solutions to send unsolicited email. The designation of "spam" is left entirely to the discretion of VIVA4 Solutions.
Backup data files - VIVA4 Solutions prohibits the use of its web hosting service as a backup storage facility. Any backup files created from data held within a user account must be removed from the server within 48 hours of creation. VIVA4 Solutions may permanently remove any backup data files in breach of this condition.
UNLIMITED USE POLICY
High data storage:
VIVA4 Solutions offers an unlimited use policy by maintaining very large
ratios of storage space per customer. In rare cases, VIVA4 Solutions may
find a customer to be using server resources to such an extent that he or she
may jeopardize server performance and resources for other customers. In such
instances, VIVA4 Solutions reserves the right to impose the High Resource
User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as
bandwidth and/or processor utilization.
VIVA4 Solutions may implement the
following policy to its sole discretion:
When a web site is found to be
monopolising the resources available VIVA4 Solutions 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 VIVA4 Solutions continues hosting the web
site for an additional fee.
PAYMENT POLICIES
All accounts are set up on a prepay
basis. Although VIVA4 Solutions 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 year or month following the date the
account was established.
CANCELLATION AND REFUNDS
VIVA4 Solutions reserves the
right to cancel the service at any time. In this event customers will be
entitled to a pro rata refund based upon the remaining period of membership. If
a customer contravenes VIVA4 Solutions' terms of service a refund will not
be issued in the event of a cancellation.
Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by VIVA4 Solutions. In addition some accounts incur set-up fees, these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend,
indemnify, save and hold VIVA4 Solutions harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against VIVA4 Solutions, 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
VIVA4 Solutions against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in connection
with VIVA4 Solutions' server; (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 customer from
VIVA4 Solutions' server.
DISCLAIMER
VIVA4 Solutions will not be responsible
for any damages your business may suffer. VIVA4 Solutions makes no
warranties of any kind, expressed or implied for services we provide.
VIVA4 Solutions disclaims any warranty or merchantability or fitness for a
particular purpose. The includes loss of data resulting from delays, non
deliveries, wrong delivery, and any and all service interruptions caused by
VIVA4 Solutions and its employees. VIVA4 Solutions reserves the right to
revise its policies at any time.
PRIVACY POLICY
VIVA4 Solutions respects the privacy
of every individual who visits our Web sites, responds to our interactive
advertisements or sends us e-mail. This Privacy Statement outlines the
information VIVA4 Solutions will collect and how we will use that
information. This Statement will also instruct you on what to do if you do not
want your personal information collected or shared when you visit
VIVA4 Solutions, respond to our Web-based advertisements or send us
email.
VIVA4 Solutions will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
The following are some examples of when VIVA4 Solutions may require that you provide personally-identifiable information:- to complete an online order for a product or service
- to enter an online contest or sweepstakes
- to request more information about new or current VIVA4 Solutions products or services.
When you do provide us with personally-identifiable information, we may use
that information in the following ways, unless stated otherwise:
- we may store and process that information to better understand all
customer needs and how we can improve our products and services for all
customers
- we may use that information to contact you with new promotions and
announcements if you have previously provided your permission and if the
promotions and announcements are in your interest
- we may contact you if we have questions about your account.