Virtual Machine Solutions LLC 1 (800) VPS 2176

Terms & Conditions

Quick Summary

>Here are some highlights, but you still have to read & agree to our terms.

Refunds
We usually provide refunds within 7 days of your first purchase for your first service. There’s a limit of one refund per customer.
Billing
Your service will usually automatically renew for the next term 3 days in advance. Remember to cancel.
Abuse
We do not tolerate abuse. Check our AUP and follow it so you don’t get suspended. Keep your password secure.
Privacy
We respect your privacy, but may have to access/share your information. Usually we’ll warn you – check our privacy policy.
Support
We guarantee 100% uptime and credit you for downtimes and provide general support. Check our SLA for more information.

Questions?
Please contact us if you need help understanding any portion of our terms, before using our services.

HOSTING AGREEMENT
Virtual Machine Solutions, LLC
Revision date: February 8, 2017

Virtual Machine Solutions LLC (“VirMach”) values you as a customer. In order to ensure you receive the best level of Service, please read this Hosting Agreement—which incorporates and includes the following:

We want to make sure you understand what you can and cannot do, what to expect from VirMach’s Services, and your privacy rights. These policies and terms of Service are an agreement that governs your purchase and use, in any manner, of all Services ordered by you and provided by VirMach. By virtue of ordering and using VirMach’s Services, you necessarily agree to be bound by the terms and conditions contained herein.

As used in this Hosting Agreement (hereinafter “Agreement”), “VirMach,” “us,” “we,” “our,” and grammatical variants thereof means Virtual Machine Solutions, LLC. “Customer,” “you,” “your,” and grammatical variants thereof refers to you. This Agreement sets forth the general terms and conditions of your use of VirMach.com website and/or the products and services made available by VirMach (“Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. VirMach reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. VirMach may make changes or modifications to referenced policies, fees, and guidelines without notice to you. Your continued use of the Services following any changes or modifications will constitute your acceptance of such changes or modifications. You agree to receive any updates to the terms in this Agreement by accessing our website.

1. TERMS & EFFECTIVE DATES

A) This Agreement is effective as of the date you order VirMach’s Services and shall continue for an initial term of one month and shall be automatically renewed each month for additional one month billing terms unless and until sooner terminated pursuant to the provisions of this Agreement.

B) Either VirMach or Customer may terminate this Agreement at any time for any reason upon providing a thirty (30) day advance notice in writing.

C) Upon termination of this Agreement, Customer must fully pay VirMach for all Services partially or fully provided to Customer by VirMach prior to termination. If credits remain in Customer’s account, they will be returned to Customer after deducting a twenty-five dollar ($25.00) administration fee, as reflected in VirMach’s Fee Schedule.

D) Notwithstanding the provisions of this Article, VirMach reserves the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in VirMach’s Acceptable Usage Policy.

2. TERMS OF SERVICE

A) Service(s) Provided: VirMach will provide Customer with the Service(s) ordered, as they are described on our website, billing system, or in a custom quote. Customer understands and agrees that VirMach will host and create the Services solely in accordance with the information provided by Customer. Customer’s agrees to use VirMach’s Services in accordance this Agreement, including VirMach’s Acceptable Usage Policy.

B) Customer Support: VirMach, either directly or through its assignee or licensee, will provide support to Customer relating to VirMach Services. Any support which VirMach may provide to you shall be at VirMach’s sole discretion and once commenced, may be terminated at any time by VirMach without notice to you and without any liability to VirMach. VirMach will provide reasonable technical support via their ticket system to Customer during VirMach’s normal technical support hours. Notwithstanding any discretionary provision of customer support, VirMach has no contractual obligation beyond maintaining basic server function. VirMach will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time.

C) Bandwidth Overage: Going over your allocated bandwidth will result in a Service suspension. Customer is responsible for their Service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your Service, depending on the specific Service. Customer’s Service will automatically unsuspend/re-activate once the bandwidth usage is reset for the month. In order to re-instate Service before bandwidth usage is reset, Customer must purchase additional bandwidth by creating a Service ticket. Additional bandwidth is a recurring Service, and Customer will be invoiced accordingly. If Customer does not want this Service on a recurring basis, it is Customer’s responsibility to cancel the additional bandwidth in a timely manner.

D) IP Change/Blacklist: In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from your order date to report it to VirMach for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee, as stated in our Fee Schedule. Please keep in mind that VirMach reserves the right to charge a $25 fee if your Service(s) is cancelled/suspended and VirMach has a reason to believe that you caused the IP address to go on a blacklist due to e-mail spam.

E) Abuse Policy: Customer acknowledges that any prohibited activity as described in VirMach’s Acceptable Usage Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:

  • First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
  • Second offense: Customer’s Service suspended; Customer must contact VirMach to appeal abuse report;
  • Third offense: Customer account closed — all Services will be suspended and terminated.

If the abuse report is from a third party VirMach may or may not require system logs or other evidence of the incident. However, VirMach understands that the legitimacy of these reports are sometimes questionable. VirMach urges Customer to respond in a timely manner so that VirMach can assess each case before making a decision regarding Termination or Suspension. VirMach retains the discretion to charge, and Customer agrees to pay, a $25 administration fee associated with any Suspension or Termination, which may automatically be charged to your account. Third party reports or requests will be subject to our Copyright Policy and Privacy Policy.

F) Affiliate Program: Customers who promote VirMach’s Services can request to join our “Affiliate Program,” in which qualifying Customers are remitted a portion of the revenue resulting from their promotion of VirMach. The current default payout rate is 10% with a minimum payout of $10.00 and payments made periodically via PayPal upon withdrawal request by Customer. VirMach must verify to its satisfaction that Customer legitimately promoted VirMach’s Services. VirMach has a strict no-spam policy, Customers who use mass mail or spam to disseminate a VirMach referral link will be subject to Suspension and/or Termination and forfeit any claim to remittances in connection with the Affiliate Program.

G) Free Offers: Any Services offered for free as part of another plan are intended for use for that Customer’s plan only. Customers who resell/transfer such free Services to others are in violation of this Agreement, and VirMach reserves the right to cancel the free offer.

3. BILLING & FEES

A) Agreement to pay: As consideration for VirMach’s Services, Customer agrees to be charged upon request and/or use of any VirMach Service(s), including any fees assessed in connection therewith. Customer agrees to pay VirMach the aggregate fees, whether one-time or periodic, in whole, when due, based on the provided Services and terms selected, according to the terms provided herein. Services are provided as they are described and at the price advertised (in US Dollars) on VirMach’s website. VirMach reserves the right to demand payment in full when due, and does not waive that right in the event of any discretionary deferment.

B) Fee Schedule: VirMach’s Fee Schedule reflects the current charges for Services performed outside of regular support boundaries. Customer agrees to be charged and to pay for any fees assessed by VirMach in accordance with this Agreement. VirMach reserves the right to modify the posted fees at any time, active upon posting, without direct notice to the Customer, who agrees to receive any updates to our Fee Schedule by accessing this Agreement on our website. Customer must upgrade to a regular, non-discounted plan to be able to use any additional Services. If Customer’s plan was purchased at a promotional or discounted price, that discount is voided if any of the fees in the Fee Schedule are requested or assessed.

C) Fraud Protection: VirMach uses automated fraud protection on all orders, so please enter all billing information correctly. Do not use proxies when ordering, and do not try to mask your identity in any way. Rest assured that the information is used for billing purposes only, subject to our Privacy Policy. If you trigger the fraud system, you may correct your details and attempt to re-order, but if the issue persists, please contact our support team or await a manual response from our team. All payments may require additional documentation for security purposes, such as photo identification or signature. VirMach reserves the right to deny orders, cancel and refund payments for any reason, at any time, which may result in immediate termination. However, out of courtesy, VirMach may contact Customers to resolve any discrepancies in your payments or documentation, or notify Customers if additional documents are required.

D) Authorization and Cancellation: By making a payment, Customer agrees that all charges, as well as future charges, are authorized. Customer has thirty (30) days to dispute any aspect of VirMach’s billing. In the event that a payment is disputed, VirMach may suspend or terminate Service(s) or the Customer’s account, and Customer is responsible for covering any losses, in addition to any fees such as charge-back fees, as well as attorneys’ fees.

E) Recurring Payments: If Customer signs up for a Service involving recurring payments, Customer is responsible for cancelling Service(s) seven (7) days before the end of the billing term, otherwise an invoice for the next billing term will be generated and due. VirMach automatically captures payments three (3) days before the end of the billing term, but reserves the right to do so as soon as seven (7) days before the end of the billing term. Customer permits VirMach to reattempt to capture payment if the first capture attempt fails. Any late captured payments will not prevent Service termination and you must contact VirMach to have your Services manually re-activated or receive store credit. VirMach will not honor any refunds as a result of Customer’s failure, mistake, disregard, or neglect to cancel their subscription in a timely manner. Thus, it is Customer’s responsibility to send in a cancellation request in a timely manner through VirMach’s automated system by clicking the “cancel” button and completing cancellation. “Cancellation” means that the Service will be fully terminated at the end of the term, and no invoice will be generated for the next term; therefore, please do not request a cancellation in attempt to disable recurring billing. Please also keep in mind that VirMach’s automated system is not capable of doing refunds for BitCoin payments in any situation, and Customers who use BitCoin forfeit any refund claim granted in these terms or otherwise.

F) PayPal Subscriptions: For recurring PayPal payments, Customer bears the responsibility to cancel the subscription from PayPal, if necessary. Any PayPal subscriptions that are not cancelled, even if Customer’s Service is cancelled by VirMach, will result in the funds being deposited into Customer’s VirMach account, and subject to VirMach’s strict deposit terms in this Article—no refunds.

G) Administration Fee: Customer agrees to pay a twenty-five dollar ($25.00) Administration Fee, which will be charged to Customer’s account in the event of the following situations, also reflected in our Fee Schedule:

  • i. Any returned payment and/or collections efforts;
  • ii. Any withdrawal of Customer credits;
  • iii. Any disputes/holds/chargebacks on payment;
  • iv. Any suspension or termination due to prohibited account behavior;
  • v. Any suspension that necessitates manual processing outside our automated system;
  • vi. Any custom billing administration outside of current VirMach policies;
  • vii. Any blacklisting caused per IP address;

H) Suspension and Termination: “Suspension” means Customer cannot use their Service(s), which can be automatically resumed after payment is made. “Termination” means Customer’s Service(s) and associated data are lost forever, with outstanding balance still due. VirMach is not responsible for data loss due to Termination. In the event that Customer does not request to cancel their Services and an invoice is generated, but not paid, it will remain as an invoice and must be paid, even after Termination for failure to pay. This invoice must be paid before Customer can successfully make a new order in the future. Customer may pay the invoice at any time by contacting customer support. Customer is required to pay off any invoices generated. VirMach is not required to remove already-generated invoices for existing Services, as VirMach has made the cancellation policy very clear.

I) Invoices: Customer agrees to be charged and make payment immediately when a new invoice is generated. Invoices are generated as soon as a new Service is ordered and automatically seven (7) days before the next billing term for existing Services. If Customer orders a new Service and decides to cancel the order once an invoice is already generated but before payment, VirMach will automatically remove the invoice periodically. However, if Customer makes an error and wants to create a new order immediately, VirMach can clear the erroneous invoice and replace it according to Customer’s request. For existing Services, once an invoice is generated, Customer is required to make the payment before the due date. VirMach suspends your Service one (1) day after the due date, and terminates Customer’s Service completely after six (6) days of being overdue.

J) Refund Policy: VirMach will offer a full refund for any Services requested to be discontinued within 7 days of purchase; however, exclusions apply as follows:

  • This guaranteed refund only applies to the first refund for the first and single payment on a single Service that the Customer requests, limited per client, per household. This guaranteed refund does not include any “One-time Setup Fees” or “Monthly Additions” ordered. Afterward, VirMach will handle refund requests on a case-by-case basis at our sole discretion;
  • Certain Services and fees are non-refundable. These include any domain name purchases, special/custom purchases, dedicated servers, domain registrations, administrative fees, and software licensing fees;
  • Setup fees are non-refundable; and
  • No refunds are given in cases of abuse, suspension, or closure of account.

Generally, this means VirMach will give Customers a 100% refund for any other VPS plan for which Customer requests a cancellation and refund within 7 days of purchase. In the event of qualifying down-time, Customer’s account will be credited in accordance with this Agreement and VirMach’s Service Level Agreement. If Customer forgets to cancel a recurring payment and does not wish to keep the Service(s), VirMach reserves the discretion to offer store credit upon contact within 24 hours. If Customer downgrades Services, Customer will receive a prorated credit added to next term’s invoice: not a refund. All payments made through our deposit system are non-refundable. VirMach retains the sole discretion to make refunds without waiving the provisions herein. If a refund is made, or any store credits are withdrawn, Customer will be charged, and agrees to pay, a $25 administration fee per payment for VirMach’s manual payment processing.

K) Collection Efforts: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25.00, which must be paid in full before the account is reactivated.

L) Currency Fluctuations: International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into United States Dollars. VirMach reserves the right to withhold Service to international Customers until we are able to receive satisfactory confirmation from such Customer’s payment account provider, in our sole discretion, that the funds will be available for debit from the international Customer’s account. VirMach reserves the right to refuse to provide Service to Customers whose country provided in the contact information does not match that on file for the billing information.

4. MISCELLANEOUS

A) Warranty Disclaimer: Except as expressly provided in this Agreement, VirMach’s Services are provided on an “as is,” and “as available” basis. VirMach expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.

B) Indemnification: Customer shall indemnify VirMach, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement. You further agree to defend, indemnify and hold harmless VirMach, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that VirMach shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All Services provided by VirMach to a Customer will be deemed accepted when delivered. In addition, VirMach expects Customers to abide by the policies enclosed in this Agreement and U.S. laws as well as any laws within the country in which Customer resides that do not conflict with U.S. laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to VirMach or third parties, Customer is responsible for rectifying the situation financially.

C) Contractor Relationship: VirMach and Customer are independent contractors and nothing contained in this Agreement expressly or impliedly represents VirMach and Customer as having the relationship of principal-agent, partners, or joint-venturers. Neither Customer nor VirMach has or may represent itself as having, any authority to make contracts in the name of the other party or bind the other party in any manner whatsoever.

D) Applicable Law: This Agreement is made under and shall be governed by the laws of the State of Oklahoma, except with regard to any conflict of law rules. This Agreement and VirMach’s policies are subject to change by VirMach without notice. Continued usage of the Services after a change to this Agreement by VirMach or after a new policy is implemented and posted on the VirMach Site constitutes your acceptance of such change or policy. We encourage you to regularly check the VirMach Site for any changes or additions.

E) Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Oklahoma or another location mutually agreeable to the parties. Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Intellectual property and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

F) Limitation of Liability: VirMach’s liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to VirMach during the three (3) month period before the claim arose. VirMach shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if VirMach has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, VirMach would not enter into this Agreement to provide Services.

G) Severability: The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

H) Entire Agreement: This Agreement together with VirMach’s Acceptable Usage Policy, Service Level Agreement, Copyright Policy, Privacy Policy, and Fee Schedule constitutes the sole and entire concord of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

I) Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by VirMach.

5. ACCEPTABLE USAGE POLICY

A) Prohibited Content: VirMach does not permit any Customer to use VirMach’s Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or 0therwise make available any Customer Content (as defined VirMach’s Copyright Policy) that:

  • i. infringes on any third party’s intellectual property or publicity/privacy rights;
  • ii. violates any applicable law or regulation;
  • iii. involves deceptive or fraudulent activities;
  • iv. is defamatory, violent, clearly harmful, or obscene or infringes on citizens’ rights;
  • v. contains any viruses, worms, Trojan horses, time bombs, cancel bots, port scanning, stress testing, IP spoofing, Phishing, or other computer programming routines that are intended to
  • vi. damage or interfere with any system, data, or personal information;
  • vii. attempts to harm VirMach’s servers or other servers in any way (Attacks, CPU intensive programs for no reason, etc);
  • viii. involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
  • ix. involves brute force and other vulnerability-checking programs, even if for security purpose;
  • x. involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list;
  • xi. involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
  • xii. involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
  • xiii. involves constantly receiving attacks on Customer’s Services or failure to secure Services properly; or
  • xix. involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.

VirMach shall have the sole discretion in determining what Customer Content is acceptable, and reserves the right to refuse any other subject matter it deems inappropriate. In the event that any damages are caused by Customer’s violation of this provision, Customer agrees to be liable for all costs associated with reversing the damages. Customer agrees to comply with all applicable U.S. and national laws. Customer agrees to hold harmless and indemnify VirMach of any and all liabilities that may arise, either directly or indirectly, with Customer’s performance or non-performance in connection with this Agreement.

B) Circumvention Prohibited: Customer agrees not to circumvent, abuse, or attempt to circumvent or abuse VirMach security measures and/or billing system. This includes, but is not limited to: creating multiple billing accounts for the same Customer or from the same household, using multiple accounts to deposit funds exceeding amount of funds permitted, creating a billing account for someone other than Customer, or abusing bugs in VirMach’s system. Any abuse will result in account closure and immediate Service termination, without refund. VirMach does not honor any pricing mistakes on their website and reserves the right to cancel such orders.

C) Mass-mailing Prohibited: VirMach does not permit any type of mass mailing on our servers, and Customers running these types of scripts are subject to Suspension and/or Termination at VirMach’s discretion. If Customer wants to run a legitimate mail-server or send large amounts of e-mails in a non-spam manner, Customer must purchase one of VirMach’s Webhosting plans and request VirMach’s pre-approval for the expected volume of mail Customer seeks to disseminate.

D) High Usage Policy: Any usage by Customer that disrupts the overall performance of our server(s) is not permitted. Customer agrees to operate within the VirMach usage parameters, which are as follows:

  • High CPU: Customer’s Service cannot burst to 95-100% usage for more than five (5) minutes and cannot average higher than 50% usage within any two (2) hour period. Packages advertised to include dedicated CPU, Services with the high CPU option, and any customized Service plans that include high CPU option may burst to 100% at all times.
  • High Load: Customer’s Service cannot have a 15-minute load average higher than the number of full logical cores assigned and cannot have a 1-day load average higher than 70% of the number of full logical cores assigned.
  • High Mail Volume: VirMach reserves the right to block port 25 on Customer’s Service. Customer cannot send more than 100 maximum e-mails per hour, and must maintain a similar average volume of mail on a week-to-week basis—no bursting permitted. VirMach reserves the right to waive this requirement for the purpose of a customized Service plan.
  • High I/O: Customer’s Service cannot average more than 80 IOPS within any two (2) hour period, cannot burst above 300MB/s disk write average for more than ten (10) minutes, cannot average more than 300 write operations per second for more than 1 hour, and cannot be above 20% average utilization within any six (6) hour period.
  • High Network Usage: Customer’s Service cannot have more than 50,000 conntrack sessions at any given time, and cannot use more than the allocated bandwidth. Customer understands that the network is shared and utilizing maximum network speed will not always be possible.

VirMach reserves the right to deprioritize Customer’s Service(s) at any time in order to avoid congestion and/or disrupting the performance of other customers, which may directly affect the performance of Customer’s Service.

9. FEE SCHEDULE

 

One-time Setup
Fees

·
IP
Change or Addition

$3.00 per IP address, $5.00 for custom
requirements if offered.  Charge waived 1-3 times per billing term based on
proxy/packs.

 

·
Custom
panel/OS on Unmanaged Dedicated Server

$20.00 for initial setup.  Additional
$30.00 for custom configuration.

·
Migration

$5.00 per migration with data moved,
otherwise $3.00 to wipe data and regenerate in new location.

 

·
Custom
Premium Support

$25.00 per two (2) hours per month with
add-on.  Otherwise, $10.00 per fifteen (15) minutes.

·
Custom
Upgrade

$5.00 per set of custom changes to a
plan, such as quoting them for additional RAM/CPU.

·
Datacenter
Hands Rate

$80.00 per half hour.  Same for adding
hardware, additional IP subnet after initial setup, etc.

·
Back-Up
Retrieval

$10.00 for back-up retrieval, if and
when available.  VirMach not responsible for failure to keep back-up, and is
not responsible for data corruption or data loss if a back-up is available.

·
Billing
Fee

$3.00 for any other custom billing
related request.

Monthly
Additions

·
Additional
Ram

$3.00
per one (1) GB per month.

·
Additional
CPU

$15.00
per core per month on KVM (high CPU option required) OR $10.00 on Open
VZ (high CPU option not required).

·
Additional
Disc

$3.00
per ten (10) GB per month.

·
Additional
BW

$10.00
per one (1) TB per month.

$30.00
per ten (10) TB per month.

·
Additional
IP Address

$2.00 per month, when adding after
initial purchase.

 

Bandwidth
Overages

·
100
GB

for one-time fee of $3.00.

·
500
GB

for one-time fee of $10.00.

·
1
TB

for one-time fee of $15.00.

·
10
TB

for one-time fee of $75.00.

Administration
Fees

·
$25.00 for any
returned payment.

·
$25.00 for any
suspension or termination due to prohibited account behavior;

·
$25.00 for any
withdrawal of Customer credits;

·
$25.00 for any
suspension that necessitates manual processing outside our automated system;

·
$25.00 for any
disputes/holds/chargebacks on payment;

·
$25.00 for any
custom billing administration outside of current VirMach policies;

·
$25.00 for any
blacklisting caused per IP address.

·
$25.00 to
resume Service after VirMach commences collection efforts to capture debts
owed;

6. SERVICE LEVEL AGREEMENT

A) Uptime Guarantee: VirMach offers a Service uptime guarantee to its Customers. In the event of qualifying Service Downtime, Customer’s account will be credited in accordance with VirMach’s Service Level Agreement, as expressed herein. In the event of a dispute regarding downtime, it is Customer’s duty to demonstrate to VirMach’s satisfaction, in VirMach’s sole discretion, that the provisions of this guarantee have been broken. Customer acknowledges and agrees that slow network speed is not equivalent to downtime and is not subject to the VirMach Service Level Agreement. Customer agrees that the Service Level Agreement does not apply to certain exemptions, as expressed herein.

B) Downtime Credits: You may contact VirMach and request a credit for “Downtime” in accordance with the following parameters:

  • Uptime Guarantee is triggered once Customer has experienced at least ten (10) minutes of Service downtime. Only downtime experienced in the continuous period thereafter will become creditable as “Downtime,” as defined and measured in this Agreement;
  • Once the Uptime Guarantee is triggered, Customer’s Downtime will be measured in weeks, to be rounded up to the nearest whole number.

Customer’s account will be credited for qualifying Downtime, such credit to be put towards the purchase of future VirMach Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. Service Level Agreement, and any transactions connected therewith, are subject to VirMach’s Billing & Fees policies.

C) Exemptions: The Downtime Guarantee does not apply to Service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by VirMach from time to time; (ii) downtime caused by Customer; (iii) Suspension Termination of your Services due to legal action taken or threatened against you; (v) Suspension or Termination of your account due violations of this Agreement, as determined in VirMach’s sole discretion, including but not limited to excessive use of system resources, nonpayment or other billing issues, or identification of your content as fraudulent, prohibited, or otherwise in violation of this Agreement; (vi) downtime caused by issues in third party services, and external from VirMach’s datacenter(s), or (vii) causes beyond the control of VirMach or that are not reasonably foreseeable.

D) Interruption of Service: Customer hereby acknowledges and agrees that VirMach will not be liable for any actual or economic damages resulting, directly or indirectly, from temporary delay, outages or interruptions of Service(s). VirMach is not responsible for any damages, including but not limited to, any loss of revenue due to Service disruptions, data breaches, or data loss. Customer understands that VirMach cannot be held liable for any damages, to Customers or third parties, resulting from the use of VirMach’s Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.

7. COPYRIGHT POLICY

A) Limited License to Content: Customer hereby grants to VirMach the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit any Customer Content, or any Customer trademarks, fonts, logos, or other objects or designs provided to VirMach hereunder, solely for the purpose of rendering VirMach’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

B) Rights to the Web Site and Content: With the exception of any Third-Party Materials and Background Technology as set forth below, Customer owns the “Customer Content,” which means all content and/or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, and/or software), in any medium, provided by Customer to VirMach. “Third-Party Materials” means any content, software, and/or other computer programming material that is owned by an entity other than VirMach, and licensed by VirMach or generally available to the public, including Customer, under published licensing terms, and that VirMach will use to display or run a Web site. VirMach owns the rights to the design of the web site. If Customer stops paying the monthly fee for Services, they will be cancelled and the Customer will not be entitled to use the web site for any purposes whatsoever.

C) Limited License to the Background Technology: “Background Technology” means computer programming/formatting code or operating instructions developed by or for VirMach and used to host or operate a website or a webserver in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and/or menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of VirMach. All rights to the Background Technology not expressly granted to Customer hereunder are retained by VirMach. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

D) Digital Millennium Copyright Act: Customer agrees not to use VirMach Services or equipment in violation of the copyrights, trademarks, patents, or trade secrets of third parties, nor shall Customer utilize VirMach Services or equipment to publish such materials in a manner that would expose them to public view in violation of the law. All third-party takedown requests, wherein aggrieved parties ask VirMach to remove Customer Content claimed to infringe intellectual property rights will be addressed in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (17 U.S.C. § 512, et seq.) and other applicable trademark, copyright, patent and/or other intellectual property laws. Aggrieved third parties should notify VirMach of their claim by using the “Contact Us” option on our website, and include information such as IP address or URL of the infringing content as well as any other information to help VirMach verify the third-party allegation.

E)Customer IP Duties: Customer affirmatively represents, agrees, and warrants to maintain at all times the necessary intellectual property rights, including, but not limited to, all copyrights, trademark and/or servicemark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Customer Content or content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of VirMach Services or equipment, prior to and at all periods during the time that such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of VirMach Services or equipment.

F) Suspension/Termination: VirMach may Suspend performance under or Terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from any VirMach equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with relevant laws if it is informed or otherwise believes, in its sole discretion, that Customer Content violates the intellectual property rights of any third party or is otherwise the subject of a dispute. Customer agrees to waive any and all claims, now and forever, against VirMach relating to the Customer Content and/or Customer’s use and operation of VirMach Services. Customer agrees to indemnify and hold harmless VirMach from and against any such claims. Customer Agrees that in the event that VirMach is informed by any party that your Customer Content infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then VirMach may, without prior notice to you and its sole and exclusive discretion, remove and/or disable public access to all or part of Customer’s Content, and/or terminate this Agreement, without any liability of any kind to VirMach from either you or any third party. Customer agrees to waive any and all claims, now and forever, against VirMach relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agrees to indemnify and hold harmless VirMach from and against any such claims.

8. PRIVACY POLICY

A) Privacy Policy: VirMach does not share Customer’s information with third parties unless necessary, subject to the provisions herein. VirMach reserves the right to access any of Customer’s Services and data unless and until Customer requests otherwise. Customer’s usage data and processes is accessible by VirMach. In the event of abnormal activity, such as high CPU usage, receiving any complaints, or other indications of abuse as described in this Agreement, Customer must provide VirMach access to Customer’s Service(s) to avoid Termination.

B) Exemptions: Customer acknowledges that VirMach will share certain Customer information with third parties in a limited number of circumstances, such as the following:

  • VirMach will share Customer information as necessary for billing purposes, such as information exchanges with Paypal and similar payment Services in order to facilitate financial transactions—this may include Customer’s name, address, and IP address as well as payment information depending on Customer’s method of payment;
  • VirMach will share Customer information as necessary for fraud prevention purposes—this may include Customer’s name, address, and IP address;
  • VirMach reserves the right to share a limited amount of Customer information for marketing and market analysis—this may include Customer’s geographical information, address, and generalized information about the level of Services requested;
  • VirMach will share Customer information as necessary with law enforcement agencies, subject to requirements of the U.S. Constitution, and in accordance with applicable federal statutes, such as the Electronic Communications Privacy Act and the Stored Communications Act, as discussed in further detail below.

D) Law Enforcement Access to Data: VirMach will address requests by law enforcement agencies in accordance with the Electronic Communications Privacy Act of 1986 (“ECPA”) (18 U.S.C. § 2510, et seq.) including the Stored Communications Act (“SCA”) (18 U.S.C. § 2701, et seq.). As such, VirMach can only share Customer information with a third party if you, the Customer, give express written permission to VirMach to do so, or the third party is a law enforcement or government agency that, if and where necessary, presents a properly executed warrant, court-ordered subpoena, or administrative subpoena known as a National Security Letter or “NSL.” VirMach reserves the right, and is permitted by 18 U.S. C. § 2702, to share customer records if VirMach, at its sole discretion, reasonably believes that the situation presents an emergency involving immediate danger of death or serious physical injury to any person. The following table describes what types of information VirMach will disclose to government law enforcement agencies, and what official documentation will be required of that requesting agency under U.S. statute:

Type of Information

Statutory Requirement

Authority

Data in transit

Properly executed warrant

18 U.S. C. §
2516

Opened data in remote
storage

Court ordered subpoena

18 U.S. C. §
2703

Unopened data in
remote storage, stored 180 days or less

Properly executed warrant

18 U.S. C. §
2703(a)

Unopened data in
remote storage, stored beyond 180 days

Court ordered subpoena

18 U.S. C. §
2703(b)

Basic Customer
information and records: name, address, session times and durations, Services
dates, types of Services utilized, Customer number or identity, including any
temporarily assigned network address, and means and source of payment for
Service.

National Security Letter

18 U.S. C. §
2703 (c)

All other
information, including transactional records of Customer interactions and
communications.

Court-ordered subpoena

18 U.S. C. §
2703 (d)