Terms of Service

VelocityWebHost ("The Company") agrees to furnish services to "the Subscriber," subject to the following TOS (Terms of Service).

Use of the VelocityWebHost Web Hosting & Design Service constitutes acceptance and agreement to VelocityWebHost AUP (Acceptable Use Policy) as well as VelocityWebHost TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of VelocityWebHost 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 state of Missouri county of Jackson applicable to contracts enforceable in that state. Venue will be Jackson County, Missouri.

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 VelocityWebHost shall have the right to terminate all service set forth in this Agreement.

Adult hosting is NOT allowed. Anything that is illegal will NOT be hosted.

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10.00 USD reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $10.00 USD late fee. Accounts that are not collectable by VelocityWebHost 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 $50.00 USD nor more than $150.00 USD. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

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.

Account Cancellation: All requests for canceling accounts must be made within at least 30 days notice. Notice must be sent to sales@VelocityWebHost.com. You must have all account information to cancel.

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 and Transfer of Domains: If you select to purchase or transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered and will transfer the hosting services. You will keep the domain where you registered it unless you give us permission to move the domain registration but you will retain responsibility of making sure that your domain record points to our DNS servers. In that case, please send an email to sales@VelocityWebHost.com.

SPAM and Unsolicited Commercial E-mail (UCE): VelocityWebHost takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of VelocityWebHost may not use or permit others to use our network to transact in UCE. Customers of VelocityWebHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of VelocityWebHost SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, VelocityWebHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, VelocityWebHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, VelocityWebHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, VelocityWebHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. VelocityWebHost 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 $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 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 $75 per hour that VelocityWebHost 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 clients over the VelocityWebHost network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IP Address Ownership: If VelocityWebHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to VelocityWebHost, and Customer shall have no right to use that Internet Protocol address except as permitted by VelocityWebHost in its sole discretion in connection with the Services, during the term of this Agreement. VelocityWebHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by VelocityWebHost, and VelocityWebHost 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. VelocityWebHost will monitor Customer's bandwidth and disk usage. VelocityWebHost 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 VelocityWebHost sole and absolute discretion. If VelocityWebHost 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, VelocityWebHost may, at its sole discretion, collect a deposit, in an amount determined by VelocityWebHost, against customer's credit card on file with VelocityWebHost.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the VelocityWebHost Network. Violations of system or network security may result in civil or criminal liability. VelocityWebHost 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 forum posting.
• Taking any action in order to obtain services to which such User is not entitled.
• Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. VelocityWebHost will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Suspension of Service or Cancellation: VelocityWebHost reserves the right to suspend network access to any customer if in the judgment of the VelocityWebHost 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 VelocityWebHost 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. If at any given time a domain is using more then 10% CPU memory, the client will be asked to be moved to a semi-dedicated server at a small monthly fee. This will benefit everyone as we like to maintain server performance to a maximum. If the client chooses not to be moved, 50% of the money is refundable to cover expenses for creating account and removing it.

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.

VelocityWebHost takes no responsibility for any material input by others and not posted to the VelocityWebHost Network by VelocityWebHost. VelocityWebHost is not responsible for the content of any other websites linked to the VelocityWebHost Network; links are provided as Internet navigation tools only. VelocityWebHost 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.

VelocityWebHost is not responsible for any damages your business may suffer. VelocityWebHost does not make implied or written warranties for any of our services. VelocityWebHost 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 VelocityWebHost.

Responsibility for Content: You, as a VelocityWebHost customer, are solely responsible for the content stored on and served by your VelocityWebHost server.