VGraphix Website Hosting User Policy

VGraphix provides web hosting, email services and domain services. VGraphix reserves the right to suspend or cancel any client's access to any portion or all of VGraphix services, when VGraphix deems that the account has been used inappropriately. VGraphix reserves the right to refuse service and/or access to its servers to anyone.

User Policy

1. Illegal Activities, Internet Abuse and Systems Abuse.

VGraphix prohibits sites engaged in: a) Illegal activities including, but not limited to, storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband. b) Internet abuse including, but not limited to, spamming (unsolicited Emailing), distribution of mass emailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, spamming VGraphix support staff. c) Systems abuse including, but not limited to, use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, reselling CGI scripts.

2. Adult Content

VGraphix does not allow the presentation, promotion or transmission of adult, pornographic or obscene images, text or other content. The determination of what is "adult content" and therefore prohibited shall be solely made by VGraphix.

3. Policy Violations

Should a policy violation occur, VGraphix reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to VGraphix, including but not limited to, VGraphix system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee.

4. Web Site Content

The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on VGraphix servers). VGraphix is not responsible for any lost files, information, or data or loss of business or any other expenses. VGraphix does not guarantee to possess the most current copy of a client's website.

5. Support

Free customer support is provided via email through the client's control panel and via telephone at (636) 978-4395 or (800) 947-4177. Billing inquiries will be answered within one business day. Client agrees not to spam support. VGraphix does provide web site design, custom programming and scripting, and web site consulting services, under separate agreements.

6. Payment Policy and Fees

The minimum contract period is 3 months. All services are available in three month, six month or one year prepayment plans. Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Bills or invoices will be sent by postal mail or fax only at the Client's request. Prepayment is due prior to each anniversary (three month, six month or one year) following the date the account was established.

7. Payment Method

VGraphix accepts credit card payment (Visa, Mastercard) via the VGraphix website at http://www.vgraphix.com. Online credit card payments are made via PayPal. Once an order is successfully submitted, the client is subject to VGraphix refund policy. Payment must be received or services will not be rendered. If payment is not received on time the account will be cancelled.

8. Mailing Address

All Invoices paid via US Mail should be sent to:

VGraphix
ATTN: Accounts Payable
507 Shady Lane
O' Fallon, MO 63366

9. Refunds

The Client may cancel at anytime. If the cancellation is within in 30 days we will refund all Hosting Fees except for the InterNIC domain name registration fee. VGraphix will not refund any fees after 30 days. Design Fees are nonrefundable. VGraphix has a 30-day money back guarantee for hosting in all but a few situations. If VGraphix terminates an account due to policy violation, there will be no refund. Monthly fees associated with additional features are non-refundable.

10. Domain Registration Fees

All InterNIC domain registration renewal fees are separate from VGraphix costs and the client is responsible for timely payment of domain name renewals.

11. Price Changes

VGraphix reserves the right to change prices at any time.

12. Specifications

All monetary transactions will be in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Add-on costs are non-refundable regardless of whether or not the service was used.

13. Renewal Notification and Billing Schedule

Renewal notification is emailed to the billing contact thirty (30) days prior to the end of the billing cycle.

14. Credit Card Non-Payment Action

In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card every day until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of successful charge will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be cancelled.

15. Account Reactivation

If an account is cancelled due to client request or billing issues and the client desires to reactivate the account, an email requesting said action must be sent to admin@vgraphix.com. If an account was cancelled due to policy violation, VGraphix will not reactivate the account.

16. Cancellation

VGraphix reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. VGraphix reserves the right to delete the policy-violating web site content without notice. Customers can cancel service at any time. All account cancellations are to be requested through the client's control panel. If the client requests cancellation, their account will be terminated at the end of the current billing cycle, or immediately. If the client specifies immeditate account termination, VGraphix reserves the right to delete the web site contents without notice. If an account is cancelled due to non-payment, VGraphix reserves the right to delete the web site contents without notice.

17. Indemnification

Client agrees to defend, indemnify and hold harmless VGraphix against any liabilities arising out of defective products sold to customers from VGraphix servers, personal injury or property damage caused by products or services sold or distributed from VGraphix servers, any material that infringes or allegedly infringes on the rights of a third party available from VGraphix servers, and any material that libels or allegedly libels a third party available from VGraphix servers.

18. Disclaimer

VGraphix is not responsible for any damages to any client's business. VGraphix makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of VGraphix web hosting and email service is at the client's sole risk. VGraphix services are provided on an "as is, as available" basis.

VGraphix does not guarantee that our services will be uninterrupted or error free. VGraphix will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will VGraphix be liable for any claims resulting from the use or inability to use VGraphix's services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to VGraphix servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

VGraphix reserves the right to revise our policies at any time.

VGraphix 10-2006