The
use of services from vesnasolutions.com [hereafter referred
to as "Vesna Solutions"] constitutes agreement to
these terms.
1.) Account Set up / Email on file We will
setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of
fraud. It is your responsibility to provide us with an email
address which is not @ the domain(s) you are signing up under.
If there is ever an abuse issue or we need to contact you,
the primary email address on file will be used for this purpose.
It is your responsibility to ensure the email address on file
is current or up to date at all times. Providing false contact
information of any kind may result in the termination of your
account.
Transfers of Data / Sites Our transfers team
will make every effort to move your site from another host
to us, however, we can not make guarantees of the transfer
process. We provide this as a courtesy service and can not
make guarantees regarding its availability or the amount of
time it may take as each host is configured a little differently.
We will try our best, however, in some cases we may be unable
to assist you in a transfer of data from an old host and you
will need to supply your web site to us from your own copies
or backup location.
2.) Content All services provided by Vesna
Solutions may only be used for lawful purposes. The laws of
province of British Columbia and Canada apply.
The customer agrees to indemnify and hold
harmless Vesna Solutions from any claims resulting from the
use of our services.
Use of our services to infringe upon any copyright
or trademark is prohibited. This includes but is not limited
to unauthorized copying of music, books, photographs, or any
other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate
termination of your account. If you believe that your copyright
or trademark is being infringed upon, please email abuse@vesnasolutions.com
with all information pertainent to the claim. If the request
is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated
Software / Warez, ".img" / image hosting only sites
that do not host an actual domain name, Escrow, High-Yield
Interest Programs(HYIP) or related sites, Investment sites
(FOREX, egold exchange), AutoSurf sites, Bank Debentures,
Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs,
or sites promoting illegal activities
We reserve the right to refuse service to
anyone. Any material that, in our judgment, is obscene or
threatening is prohibited and will be removed from our servers
with or without notice.
Sites containing adult content and/or pornography
may not be hosted on Vesna Solutions servers. Such sites may
not be linked to from sites hosted on Vesna Solutions servers.
Failure to respond to email from our abuse
department within 48 hours may result in the suspension or
termination of your services. All abuse issues must be dealt
with via troubleticket/email and will have a response within
48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse@vesnasolutions.com
and we will be happy to assist you.
Potential harm to minors is strictly forbidden,
including but not limited to child pornography or content
perceived to be child pornography (Lolita):
Any site found to host child pornography or
linking to child pornography will be suspended immediately
without notice.
If your site is believed by Vesna Solutions
to be in violation of any of these provision your services
will be suspended or terminated at our discretion with or
without notice.
In cases involving illegal activities, violations
will be reported to the appropriate law enforcement agency.
In cases where customers are creating or posting
their own content or using password secured areas, it is required
that you use a secure password. If a weak password is used,
your account may be suspended until you agree to use a more
secure password. Audits may be done to prevent weak passwords
from being used. If an audit is performed, and your password
is found to be weak, we will notify you and allow time for
you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending
unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and "double opt-in" will be treated as spam. Any
user who sends out spam will have their account suspended
or terminated at our discretion, with or without notice.
Sites advertised via SPAM (Spamvertised) may
not be hosted on our servers. This provision includes, but
is not limited to SPAM sent via fax, email, instant messaging,
or usenet/newsgroups. No organization or entity listed in
the ROKSO may be hosted on our servers. Any account which
results in our IP space being blacklisted will be immediately
suspended and/or terminated.
Vesna Solutions reserves the right to require
changes or disable as necessary any web site, account, database,
or other component that does not comply with its established
policies, or to make any such modifications in an emergency
at its sole discretion.
Vesna Solutions reserves the right to charge
the holder of the account used to send any unsolicited e-mail
a clean up fee. This cost of the clean up fee is entirely
at the discretion of Vesna Solutions.
4.) Payment Information
You agree to supply appropriate payment for
the services received from Vesna Solutions, in advance of
the time period during which such services are provided. You
agree that until and unless you notify us of your desire to
cancel any or all services received, those services will be
billed on a recurring basis. Cancellations must be done in
writing via the cancellation form provided. Invoices that
have been paid more than once with multiple Paypal Subscriptions
can only be added as credit towards the account and cannot
be refunded via Paypal. If you require assistance with this
provision, please contact sales@vesnasolutions.com.
Vesna Solutions reserves the right to change
the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk.
Vesna Solutions is not responsible for files and/or data residing
on your account. You agree to take full responsibility to
maintain backup copies of files and data on your sites on
Vesna Solutions servers.
6.) Cancellations and Refunds
Vesna Solutions reserves the right to cancel
the account at any time with or without notice.
Any abuse of our staff in any medium or format
will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation
form. Vesna Solutions gives you an unconditional 30 day money
back guarantee on managed shared hosting. There are no refunds
on dedicated servers, administrative fees, install fees for
custom software, or domain name purchases. Refund requests
after 30 days will be refunded on a prorated basis of any
unused time.
Only first-time accounts are eligible for
a refund. For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible for
a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive
the refund policy.
7.) Resource Usage 8.) Bandwidth And Disk
Storage Usage
You are allocated a monthly bandwidth allowance
and a fixed amount of hard drive storage space on your package.
This allowance varies depending on the hosting package you
purchase. Should your account pass that allocated amount we
reserve the right to suspend the account until the start of
the next allocation of band width, or until hard disk storage
is sufficiently reduced, suspend the account until more bandwidth
or storage space is purchased at an additional fee, suspend
the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee
for the overages. Unused transfer in one month cannot be carried
over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full
refund will be honored -- the 30 day money back guarantee
does not apply. We reserve the right to refund a prorated
amount or no refund at all.
Each of Vesna Solutions' managed shared plans
carry a 30 day unconditional money back guarantee on them.
If you are not completely satisfied with our services within
the first 30 days of your service, you will be given a full
refund of the contract amount. Remember, this is only for
monthly shared hosting and does not apply to web site development,
dedicated servers, administrative fees, install fees for custom
software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical
downtime that is not within the 99.9% uptime you may receive
one month of credit on your account. Approval of the credit
is at the discretion of Vesna Solutions dependant upon justification
provided. Third party monitoring service reports may not be
used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The uptime
of the server is defined as the reported uptime from the operating
system of the server which may differ from the uptime reported
by individual services. To request a credit, please contact
sales@vesnasolutions.com with justification. All requests
must be made in writing via email. Uptime guarantees only
apply to shared hosting plans. Dedicated servers are covered
by a network guarantee in which the credit is prorated for
the amount of time the server is down which is not related
to our uptime guarantee.
10.) Shared Hosting accounts
Shared accounts may not resell web hosting
to other people.
11.) Price Change
As a necessity of business, the amount you
pay for hosting may from time to time be reviewed and subsequently
changed. We reserve the right to change prices listed on hostgator.com,
and the right to increase the amount of resources given to
plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify,
save and hold Vesna Solutions harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Vesna 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
Vesna Solutions against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with Vesna Solutions;
(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 customers from Vesna Solutions' server.
12b.) Arbitration
By using any Vesna Solutions services, you
agree to binding arbitration. If any disputes or claims arise
against Vesna Solutions, its subsidiaries, such disputes will
be handled by an arbitrator of Vesna Solutions' choice. All
decisions rendered by that arbitrator will be binding and
final. You are also responsible for any and all costs related
to such arbitration.
13.) Disclaimer
Vesna Solutions shall not be responsible for
any damages your business may suffer. Vesna Solutions makes
no warranties of any kind, expressed or implied for services
we provide. Vesna Solutions disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of
data resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by Vesna Solutions
and its employees or agents.
14.) Disclosure to law enforcement
Vesna Solutions may disclose any subscriber
information to law enforcement agencies without further consent
or notification to the subscriber upon lawful request from
such agencies. We will cooperate fully with law enforcement
agencies.
15.) Changes to the TOS
Vesna Solutions reserves the right to revise
its policies at any time without notice.
Mailing Policy and Limits
Limits
There is a 200 hourly email limit per domain
this limit is also applied towards mailman. If you send over
this amount in any hour most of the e-mails will bounce back
with a undeliverable error.
Many of our servers have a 60 pop checks per
hour limit per domain. If you go over this you're likely to
get a wrong password error message saying login incorrect.
Just wait an hour and it will automatically unlock you. to
prevent this from happening again make sure to disable auto
checking or at least set it to something higher such as 10
minutes.
Any mailing list larger than 5,000 will require
a semi dedicated or dedicated hosting solution from us. Note:
dividing one large list into smaller lists to get below this
limit is not allowed.
Mailing Lists Rules
1. Anytime you're sending a message no matter
how large your e-mail list is you must throttle it. We recommend
you throttle it to at the very least sending 1 email every
6 seconds. If the mailing list software you're using does
not allow you to throttle you must switch to something else.
We recommend phplist which can be found in your control panel
under fantastico. If you do not throttle and you try sending
let's say 500 emails the server will try sending all 500 in
1 second which is not possible. This will cause the server
load to go very high and for the entire server to be sluggish
until this process is completed. It is our job to keep the
server up and running without being sluggish. Anyone who causes
the servers load to go high will be suspended and the process
will be terminated. If you choose not to throttle you will
most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only
allowed to be sent to during off-peak times to prevent high
server loads. Off peak times qualify as all day Saturday and
Sunday, and 1am - 8 am eastern time M-F.
3. You are not allowed to mail to a mailing
list you were given or purchased. This is spamming because
they never agreed to you personally sending them mail. We
do not care how you justify it. This is spam and will result
in termination of the offending account.
4. Any unsolicited e-mail being sent will
result in termination of the offending account. We take a
zero tolerance stance against sending of unsolicited e-mail.
5. Any mailling list MUST comply with all
guidelines set forth by the United States. These can be found
at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
6. No Direct SMTP mailers are allowed. An
example of this is DarkMailer. Any mail should be relayed
through the local MTA (localhost:25) for further delivery
by the server and not done directly by scripts.
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