Search engine optimization
This agreement is between Vibes Net media. (www.vibesdream.com) (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Internet-related Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly cancelled by either CLIENT or PROVIDER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.
In order to maintain our system integrity and resources we expect our customers to act responsible. When you use any vibes net media services, in any form, you automatically agree to the following Conditions.
We reserves the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short:
Content not suitable for general public
No online gambling
No Spam, No unsolicited e-mailing
No cracks, copyright infringement
Specific Acceptable Use Policies
Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.
Unauthorized use of other people's accounts or computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scam" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Abuse of Unlimited Traffic and/or Unlimited Storage
Our customers are privileged to be offered unlimited traffic and/or unlimited storage for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. Any customer who violates our Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used on other domain Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
Sites using more than 30% of system resources, included but not limited to CPU and memory
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $20.00/1GB/month will be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision
Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usernet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the news group or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic news groups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
We do not allow clients to install their own chat rooms, without approving it with the Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We do not allow IRC or IRC bots to be operated on our servers.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services.
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable at all. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contact we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered e-mail address of the account holder. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 15 days of receipt of cancellation.
We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from our servers.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 our Web hosting service and our employees. We reserves the right to revise the policies at any time.
All end-users, re sellers and dedicated servers of us must adhere to the above policies.
DOMAIN NAME REGISTRATION.
Domain name registration is a separate and independent service from domain and web hosting.
CLIENT accepts sole responsibility for monitoring and maintaining the status of CLIENT's domain name registrations, as well as payment of all applicable domain name registration and renewal fees. PROVIDER does not monitor the registration status of domain names hosted on PROVIDER's servers. PROVIDER's services are independent of account usage and domain name records, and remain in effect (and billable) regardless of the status of CLIENT's domain name record.
PROVIDER will provide reasonable assistance to CLIENT in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying CLIENT with the necessary information to effect registration or modification of CLIENT domain. PROVIDER will not, under any circumstances, make changes to any part of a domain name record except name server and technical contact information relating to the pointing of CLIENT domain name to PROVIDER's servers.
Failure to follow any term or condition will be grounds for immediate account deactivation.