Terms Of Service
DEFINITIONS USED IN THIS DOCUMENT
"Our","We","Us" and "Richard Vloet"
are defined as Richard Vloet.
"The customer","Client" and "You"
are defined as patrons of Richard Vloet.
is defined as any website that is owned, operated or otherwise directly or indirectly maintained by Richard Vloet.
"Service" and "Product"
are interchangeable, and defined as any merchandise or commercial offering of Richard Vloet.
is used as it is currently defined by the CAN-SPAM Act.
The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services, you accept these conditions.
Please read them carefully.
When you visit our site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by Richard Vloet may be used for lawful purposes only. You agree to indemnify and hold harmless Richard Vloet from any claims resulting from the use of the service which directly or indirectly damages any other party.
ACCEPTABLE USE POLICY
Our Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what We expect of them while using a product or service.
All users of our products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on our products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in: hosting of warez trackers, torrent sites, or link sites to copyright or protected content. Direct Copyright infringement of any kind acording to Canadian laws. Unsolicited Email 'SPAM' to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted. Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties. UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within Our network or unrelated third party networks. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services. Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities. Child Pornography. Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses. Fraudulent activities. Denial of Service (DOS and DDOS). Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind. Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities. Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Automated Bots for the purposes of posting/automating content/interactions/scraping/harvesting on any websites, blogs, forums, or other similar services including social media sites. Adult Content on any web hosting type service is prohibited. Online gaming that is part of denial of service attacks such as 'Runescape', 'Habbo Hotel', etc. Ping bots, network scanning programs, automated network intrusion programs. IRC 'Internet Relay Chat' and related applications such as VPN, TOR which are used for fraudulent or unlawful use. Hosting any form of proxy software, or anonymous proxy services. Any form of pharmacy/drug/medicine related websites on any hosting service. The offering, or reselling to another party who offers, any sort of "free host" or "free hosting" services. Customers removed from our network as a result of any policy violation may not return for new services under any new or existing account unless explicit permission has been given in writing prior to activation of any new account or services. Customers found to be in violation of this guideline are subject to immediate suspension and/or termination without notice. Refunds for violating this guideline are at the sole discretion of management.
COMMERCIAL ADVERTISING AND BULK EMAIL
Richard Vloet takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services.
Customers may not use or permit others to use our network to partake in UCE or SPAM distribution and/or may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
Richard Vloet will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
Users who: Maintain email lists, Send emails to more than 10 recipients at a time, and send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Richard Vloet upon its request and allow any party sent email to remove itself automatically and permanently.
If a user cannot provide positive and verifiable proof of such consents and opt-ins, Richard Vloet will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following:
Use of Richard Vloet's Network for the receipt of replies to unsolicited mass e-mail.
Forgery of e-mail headers ("spoofing").
Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software.
Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers).
Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising").
Hosting web pages or providing services that support bulk emailers or SPAM.
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages.
Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails.
Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.
SPAM COMPLAINT FEES
A service fee of $50/complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month.
Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer's, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by Us to resolve SPAM violations.
IP BLACKLIST FEES
If, as a result of a Customer's actions, Our mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list,
We shall charge the Customer $200 upfront and $100/hour thereafter for any necessary investigation and corrective work.
DOS & DDOS INCIDENT FEES
Any website, server, service, or client who hosts, promotes, instigates, or gives cause or access in any form to cause a Denial of Service attack (DoS) or Distributed Denial of Service attack (DDoS) shall be responsible for the billable time of staff and mitigation services at $65 per hour, the cost of excessive bandwidth or other resource consumption, and a per-incident fee of $250. Services may remain suspended or offline until such time that these fees are paid, infull, or alternate terms are agreed to by our billing department during normal business hours. Customers subscribed to our DoS & DDoS filtering plans shall be exempt from these fees unless the combined number of incidents or combined incident bandwidth consumption exceeds the limits as defined in said customers filtering plan.
FAIR USAGE AND EXCESSIVE RESOURCE USAGE POLICY
Servers operating under the Elastic Sites plans are permitted to run background tasks so long as they adhere to the resource usage restrictions with the purchased Elastic Site plan. However, "Bot" applications, such as social media data mining applications, bitcoin mining, video encoding, or unattended applications which consume 100% of disk and or CPU resources for prolonged periods of time are prohibited on these platforms. Dedicated servers and collocated hardware are excluded from these background task limitations. If the resource usage limits are exceeded We may, without prior notice or warning, limit access, suspend or terminate the service or account at Our sole discretion. Suspended accounts are subject to termination at Our discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to Our network are subject to termination at Our discretion.
PAYMENT AND BILLING
You agree to pay Richard Vloet for Products and Services without deduction, or delay for any reason.
At any time, Richard Vloet may require you to pay a deposit or increase an existing deposit as a condition of providing Services.
You authorize Richard Vloet to investigate your credit history at any time and to share credit information about you with credit reporting agencies.
Payment of all charges is due within three (3) days after the date of invoice, in your chosen currency.
Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month).
Past due accounts that receive payments will have those payments applied to the oldest past due invoices first.
Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current.
You will be responsible for reimbursing Richard Vloet for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($25) may be applied for each service in the overdue invoice.
Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($69) will be applied in addition to any past due balance and/or late fees. A late fee of 1.5% will be applied monthly for services over 30 days past due.
If you dispute charges on your bill, you must notify Richard Vloet in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until cancelled by you pursuant to the terms of these Terms of Service.
All payment periods are for the full period. Example:
If you pay for a service on a monthly basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full month and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period.
If you pay for a service annually, the service will remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full period even if you decide to cancel said service prior to the end of the billing period.
ONLY ON ANNUAL CONTRACTS: Should you cancel an annual contract prior to the end of the full term, prorated refunds may be granted and shall be calculated based upon converting the service back to the normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund, no refund shall be issued.
PROMOTIONS AND DISCOUNT COUPONS
Discount coupons offered as promotion of any of Our Services are presented as an enticement to increase our customer base and offer additional services to current customers.
Coupons are limited to 1 per customer, new orders only and may not be combined with other coupons or special offers.
Active customers that present coupons for a similar service to what they currently subscribe to, and cancel their current service will not be eligible to have such a discount as offered with said coupon.
Promotional coupons may only be used once by any customer.
Creation of different/multiple accounts in order to utilize more than one coupon, or to utilize a 30 day money back guarantee more than once, may subject your account to suspension and/or cancellation or, it may cause your services to lose the discount provided by the coupon and revert to standard retail pricing retroactively to the date of the initial subscription.