Terms of Service
This Terms of Service Agreement (TOS Agreement) constitutes a valid, binding, and enforceable legal contract by and between you, the "User", and vital-host.com. (Vital-Host).
Fees: Fees are paid on the first date of the new billing cycle. Invoices will be generated five (5) days before the due date, with a reminder being sent three (3) days before the due date. Vital-Host will send the User an overdue reminder one (1) day after the due date, with a second overdue reminder being sent two (2) days after the due date. Vital-Host will send a final and third overdue reminder three (3) days after the due date.
Users can choose to renew their account automatically by selecting the option when placing their first order. Users can also opt to manually pay their fees. If a User has a credit balance on their account, Vital-Host will automatically apply the credit toward the newest dues. If a User does not pay their fees within three (3) days of the billing date, Vital-Host will automatically suspend the account. Vital-Host reserves the right to terminate a User's account at anytime if the balance is left unpaid.
Without limiting anything stated foregoing, Vital-Host is entitled to charge a certain late fee if the User fails to pay their fees or renew their account in the timely fashion.
The credit card payments will involve a detailed verification of the information relating to user such as user ID to prevent any potential fraud. However, no such verification is required if you use any other payment method.
Fee Increases: Vital-Host reserves all rights to increase service fees. User can accept the fee increase by renewing their account. If the User does not accept the fee increase, they can cancel/terminate their account with Vital-Host.
Taxes: Vital-Host does not charge Users taxes of any kind.Early Termination: User acknowledges that the amount of the fee for the service is based on the User's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Vital-Host terminates the Agreement for User's breach of the Agreement, or Customer terminates the service other than in accordance with Termination requirements for Vital-Host's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refunds: Vital-Host offers a 14-day moneyback guarantee. A claim may only be made within the first 14 days starting from the Service Commencement date; provided that the foregoing guarantee is valid only for new customers, and no re-subscribers can request the refund under the foregoing provisions. The 14-day refund does not cover added-on fees, domain name registration, SSL certificates and promo/discount offers etc. Vital-Host reserves the right to refuse the moneyback guarantee if it believes that a User is abusing the refund policy that's been offered in goodwill or if the User is abusing Vital-Host's Terms of Service.
We will take almost 5 to 10 business days to process the refund requests.
Acceptable Usage Policy
Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts,Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg's, hate sites,Facebook Bots,Instagram bots (Social Networking Related Bots), hacker focused sites/archives/programs,testing environments (Storing your Website Projects), sites promoting illegal activities,Flash Games or Online Gaming Sites,Movie's,MP3 Songs,File hosting. No refunds will be given.
We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.
User represents and warrants to Vital-Host that the information he, she, or it has provided and will provide to Vital-Host for purposes of establishing and maintaining the service is accurate. By using Vital-Host, Users agree that they are over the age of 18.
User shall fully defend, indemnify, pay and hold harmless Vital-Host and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors for any User violation(s) of this TOS Agreement and for any violation(s) by a sub-User of, client of, customer of, reseller of, user of, or similar party related to, User that results in any loss, damage, cost or expense to Vital-Host or an Vital-Host-related party, or in any claim made or threatened against Vital-Host or an Vital-Host-related party by any third-party.
Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind arising in connection with the Agreement, even if the party has been advised or should be in aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Vital-Host and any of its employees, agents or affiliates, under any theory of law shall be a payment of money not to exceed the amount payable by the User for three months of service.
Suspension of Service: User agrees that Vital-Host may suspend services to User without notice and without liability. This only applies under the following circumstances: 1) Vital-Host reasonably believes that the services are being used in violation of the AUP; 2) User fails to cooperate with any reasonable investigation of any suspected violation of the AUP; 3) Vital-Host reasonably believes that the service suspension is necessary to protect the network or other Users. User agrees to pay reasonable reinstatement fee if the service is reinstituted following a suspension of service under this subsection.
Termination the Agreement: The Agreement may be terminated by User prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Vital-Host fails in a material way to provide the service in accordance with the terms of the Agreement. User must alert Vital-Host to the failure in writing and in reasonable detail. Vital-Host has up to 10 (ten) days to provide a remedy to this failure.
The Agreement may be terminated by Vital-Host under any of the following parameters: 1) If the User is overdue on the payment of any amount due under the Agreement; 2) User violates any provision of the Agreement, including the AUP, and fails to address the violation within thirty days of written notice from Vital-Host; 3) User is in violation of the Agreement a second time; and 4) User does not provide accurate contact information.
Any party may terminate this Agreement upon written notice of the other party admitting insolvency or filing for bankruptcy.
Requests for User Information
User agrees that Vital-Host may, without notice to User, 1) report to the appropriate authorities any conduct by User or any of User's customers or end users that Vital-Host believes violates applicable law, and 2) provide any information that has about User or any of its users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
User agrees to maintain a copy of all content hosted by Vital-Host notwithstanding any allowances made by Vital-Host in this Agreement to provide back-up services.
User agrees to cooperate with Vital-Host's reasonable investigation of any suspected violation of the AUP and Terms of Service. Vital-Host's services are physically hosted in the Netherlands. Vital-Host will not allow any illegal activities of any kind. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
Neither party will represent itself to be the agent of the other. Users may not transfer the Agreement without Vital-Host's prior written consent. Vital-Host may assign the Agreement in whole or in part. Users who are found to be in abuse of these Terms of Service will immediately have their accounts suspended.