Terms
of Service (TOS)
IMPORTANT NOTICE: All Payments To Viper Internet Are Non-Refundable
Viper Internet
("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of Viper
Internet Service constitutes acceptance and agreement to Viper Internet's
AUP as well as Viper Internet's TOS (Terms of Service).
All provisions
of this contract are subject to the TOS (Terms of Service) of Viper
Internet and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement
shall be construed in all respects in accordance with the laws of
the United Kingdom applicable to contracts enforceable. Venue will be East Yorkshire, United Kingdom
Disclosure to
Law Enforcement: The AUP specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition Viper Internet shall have the right
to terminate all service set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company
by its suppliers.
Payment: Establishment
of this service is dependent upon receipt by the Company of payment
of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service.
Payments and
Fees: Service will be interrupted on accounts that reach 10 days
past due. Service interrupted for nonpayment is subject to a £40
reconnect charge. Accounts not paid by due date are subject to a
£20 late fee. Accounts that are not collectable by Viper
Internet may be turned over to an outside collection agency for
collection. If your account is turned over for collection, you agree
to pay the company a "Processing and Collection" Fee of
not less than £80 nor more than £350.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any
collection fees.
Subscriber acknowledges
that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond
the direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable
by subscriber for services during the period damages occurred. In
no event shall the company be liable for any special or consequential
damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up
and entered into our DNS servers within 3 to 5 business days. Due
to unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by
the account holder, there will be no handling fee. If the domain
is registered by Viper Internet on behalf of the account holder
a handling fee will be incurred. Please note that all accounts are
subject to a 36 month minimum contract unless otherwise stated and 30 days
notice must be given upon cancellation of a account/package.
Transfer of
Domains: New webhosting accounts which involve the transfer of a
domain from another provider to Viper Internet will require a minimum
of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days. Due
to the unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by Viper Internet on behalf
of the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges
are considered earned.
Support Boundaries:
Viper Internet, provides 24x7 technical support to our subscribers
(except for few holidays and short company meetings when we close
our center.) We limit our technical support to our area of expertise.
The following is our guidelines when providing support: Viper Internet
provides support related to your server or virtual site physical
functioning. Viper Internet does not offer tech support for application
specific issues such as cgi programming, html or any other such
issue. Viper Internet does not provide technical support for YOUR
customers. If you can email, we encourage you to email support@viper.uk.net.
If you are able to get online and have other questions, the answers
may be on our home page here - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the
answer to your question so please do investigate these resources
before calling tech support.
SPAM and Unsolicited
Commercial Email (UCE): Viper Internet takes a zero tolerance approach
to the sending of Unsolicited Commercial Email (UCE) or SPAM over
our network. Very simply this means that customers of Viper Internet
may not use or permit others to use our network to transact in UCE.
Customers of Viper Internet may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through
remote SOCKS, HTTP or other similar proxies who in turn make a SMTP
(TCP port 25) connection to the destination mail servers. This technique
may result in account suspension or termination. Violations of this
policy carry severe penalties, including termination of service.
In order to prevent unnecessary blacklisting due to spam we reserve
the right to occasionally sample bulk email being sent from servers.
Violation of
Viper Internet's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Viper Internet
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, Viper Internet may restrict customer access
to the network to prevent further violations. If a customer is found
to be in violation of our SPAM policy, Viper Internet may, at its
sole discretion, restrict, suspend or terminate customer's account.
Further, Viper Internet reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. Viper Internet will notify law enforcement officials
if the violation is believed to be a criminal offense.
First violations
of this policy will result in an "Administrative Fee"
of £250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of £500 and immediate termination of your account.
Users who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
£175 per hour that Viper Internet personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers
are ultimately responsible for the actions of their secondary users
over the Viper Internet network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
IP Address Ownership:
If Viper Internet assigns Customer an Internet Protocol address
for Customer's use, the right to use that Internet Protocol address
shall belong only to Viper Internet, and Customer shall have no
right to use that Internet Protocol address except as permitted
by Viper Internet in its sole discretion in connection with the
Services, during the term of this Agreement. Viper Internet shall
maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by Viper Internet,
and Viper Internet reserves the right to change or remove any and
all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
Bandwidth and
Disk Usage: Customer agrees that bandwidth and disk usage shall
not exceed the number of megabytes per month for the Services ordered
by Customer on the Order Form (the "Agreed Usage"). Viper
Internet will monitor Customer's bandwidth and disk usage. Viper
Internet shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Viper Internet's sole
and absolute discretion. If Viper Internet takes any corrective
action under this section, Customer shall not be entitled to a refund
of any fees paid in advance prior to such action. In the event that
a customer exceeds the included allocation, Viper Internet may,
at its sole discretion, collect a deposit, in an amount determined
by Viper Internet, against customer's credit card on file with Viper
Internet.
System and Network
Security: Users are prohibited from violating or attempting to violate
the security of the Viper Internet Network. Violations of system
or network security may result in civil or criminal liability. Viper
Internet will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These
violations include, without limitation:
Accessing data
not intended for such User or logging into a server or account,
which such User is not authorized to access.
Attempting to
probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
Attempting to
interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any
TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
Taking any action
in order to obtain services to which such User is not entitled.
Viper Internet
is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities.
First violation:
Any User, which Viper Internet determines to have violated any element
of this Acceptable Use Policy, shall receive an email, warning them
of the violation. The service may be subject at Viper Internet's
discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Second Violation:
Users that Viper Internet determines to have committed a second
violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without
further notice.
We reserve the
right, to drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing
great harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare cases,
we may have to do this before attempting to contact you. If we do
this, we will contact you as soon as is feasible.
Suspension of
Service or Cancellation: Viper Internet reserves the right to suspend
network access to any customer if in the judgment of the Viper Internet
network administrators the customer's server is the source or target
of the violation of any of the other terms of the AUP or for any
other reason which Viper Internet chooses. If inappropriate activity
is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended and may be responsible for time spent investigating the issue at £175 per hour as well as a one-time £500 violation fee.
Viper Internet
reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of Viper Internet must adhere to the
above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
Indemnification:
Viper Internet wishes to emphasize that in agreeing to the Viper
Internet Acceptable Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies Viper Internet for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss
to Viper Internet or the bringing of any claim against Viper Internet
by any third-party. This means that if Viper Internet is sued because
of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Viper Internet, plus all costs
and attorney's fees.
Miscellaneous
Provisions: You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
A waiver by
the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
Subscriber shall
not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right
to cancel customers rights under this contract at anytime without
further obligation.
Viper Internet
takes no responsibility for any material input by others and not
posted to the Viper Internet Network by Viper Internet. Viper Internet
is not responsible for the content of any other websites linked
to the Viper Internet Network; links are provided as Internet navigation
tools only. Viper Internet disclaims any responsibility for any
such inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
Viper Internet
is not responsible for any damages your business may suffer. Viper
Internet does not make implied or written warranties for any of
our services. Viper Internet denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Viper Internet.
Responsibility
for Content: You, as Viper Internet's customer, are solely responsible
for the content stored on and served by your Viper Internet server.
Windows Servers:
Requirements for using Microsoft software. Subscribers are prohibited
from allowing more than five (5) authenticated users of the Microsoft
Windows Server Operating Systems under Microsoft licensing terms
and could create liability issues with Microsoft if violated.
Customer agrees
not to remove, modify or obscure any copyright, trademark or other
proprietary rights notices that appear on Software Products or that
appear during the use of Software Products. Customer further agrees
not to reverse engineer, decompile, or disassemble the Software
Products.
Viper Internet
may provide you access to other third party software and/or services
("Third Party Products ") through reseller relationships
Viper Internet has established with certain commercial vendors,
including without limitation, Microsoft Corporation ("Third
Party Vendors"). Unless otherwise notified, Customer understands
that product support for Third Party Products is provided by Viper
Internet and not by the Third Party Vendor. Neither Viper Internet
nor any Third Party Vendor makes any representations or warranties,
express or implied, regarding any Third Party Products. Customer
expressly acknowledges and agrees that use of third party products
is at customer's sole risk and such third party products are provided
"as is" and without representation or warranty of any
kind from Viper Internet or any third party vendor, including without
limitation, any implied warranty of merchantability, fitness for
a particular purpose, accuracy or completeness of responses or results,
correspondence to description, or non-infringement of third party
rights. To the maximum extent permitted by applicable law, neither
Viper Internet nor any third party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential, arising
from the use or inability to use any third party product. Customer
agrees to observe the terms of any license and/or applicable end
user subscriber agreement for third party products and that customer
shall be fully liable to third party vendors and Viper Internet
with respect to any improper use of such third party products or
violation of license agreements with them and/or applicable end
user subscriber agreements.
Denial of Service:
We reserve the right to refuse service to anyone at any time for
any reason.
Overages:
Overages are charged at £5.00 for 1000mb for bandwidth (Charged in units of 1000mb)
and £5.00 per 100mb for webspace. (Charged in units of 100mb)
Resellers are responsible for their users going over quota, and are notified by email
when their users are over quota. Unauthorised overusage will result in a
administration charge of £35.
Acceptable Use
Policy (AUP)
Illegal use: Viper Internet's services may not be used for illegal
purposes, or in support of illegal activities. Viper Internet reserves
the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors:
Use of the Viper Internet service to harm, or attempt to harm, minors
in any way, including, but not limited to child pornography.
Threats: Use
of the Viper Internet service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
Harassment:
Use of the Viper Internet service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent activity:
Use of Viper Internet service to make fraudulent offers to sell
or buy products, items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes,"
and "chain letters."
Forgery or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Viper
Internet service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violations of this type will
result in the immediate termination of the offending Viper Internet
account. Anyone hosting websites or services on their server or
hosting package that support spammers or cause any of our IP space
to be listed in any of the various Spam Databases will have their
account immediately removed from our network. The account will not
be reactivated until such time that you agree to remove ANY and
ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the account data to confirm that
all material has been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the account from our
network without notice to the customer. Any account guilty of a
second violation WILL be immediately and permanently removed from
our network without notice.
E-mail / News
Bombing: Malicious intent to impede another person's use of electronic
mail services or news will result in the immediate termination of
the offending Viper Internet account.
E-mail / Message
Forging: Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Viper Internet
service is in violation of this AUP.
Usenet SPAMing:
Viper Internet has a zero tolerance policy for the use of its network
for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups
or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited by
the recipients are permitted.
Unauthorized
access: Use of the Viper Internet service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Viper Internet's or another entity's
computer software or hardware, electronic communications system,
or telecommunications system, whether or not the intrusion results
in the corruption or loss of data, is expressly prohibited and the
offending Viper Internet account is subject to immediate termination.
Copyright or
trademark infringement: Use of the Viper Internet service to transmit
any material (by e-mail, uploading, posting, hot linking, directly
linking or otherwise) that infringes any copyright, trademark, patent,
trade secret or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted material,
the digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized transmittal
of copyrighted software.
Collection of
personal data: Use of the Viper Internet service to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent.
Network disruptions
and unfriendly activity: Use of the Viper Internet service for any
activity which affects the ability of other people or systems to
use Viper Internet Services or the Internet. This includes "denial
of service" (DOS) attacks against another network host or individual
user. Interference with or disruption of other network users, services
or equipment is prohibited. It is the Member's responsibility to
ensure that their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their network
for illegal or inappropriate actions. A Subscriber may not permit
their network, through action or inaction, to be configured in such
a way that gives a third party the capability to use their network
in an illegal or inappropriate manner. Unauthorized entry and/or
use of another company and/or individual's computer system will
result in immediate account termination. Viper Internet will not
tolerate any subscriber attempting to access the accounts of others,
or penetrate security measures of other systems, whether or not
the intrusion results in corruption or loss of data.
Fraud: Involves
a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will
act upon it.
Infringement
of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property
Right: Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution
of Viruses: Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will result
in the immediate termination of the offending account.
Inappropriate
Use of Software: Use of software or any device that would facilitate
a continued connection, i.e. pinging, while using Viper Internet
services could result in suspension service.
Third Party
Accountability: Viper Internet subscribers will be held responsible
and accountable for any activity by third parties, using their account,
that violates guidelines created within the Acceptable Use Policy.
Services provided by Viper Internet, Sold by PayPal Europe Ltd. 2Checkout.com, Inc. is an authorized retailer of goods and services provided by Viper Internet, Principal Hosting LTD and BladeHOST.
Please note that these Terms of Service supersede and replace any Terms of Service previously arranged by BladeHOST, Viper Internet and Principal Hosting Limited. Anybody wishing to contest any part in the Terms of Service or Contract should do so by the given date of the 1st day in the month of August in the year 2005. It will be added to the record that any member or client of the aforementioned companies, who have not made themselves heard by the said date, automatically fall into the agreement of the current contractual agreements and Terms of Service, making all previous agreements null and void.
Viper Internet reserves the
right to change these policies at any time with immediate effect.
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