The VonOstin Group
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Terms of Service

The VonOstin Group seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own web site on the World Wide Web (WWW) in the most efficient and effective way possible. We continually upgrade our servers, network, and support to help you achieve your goals in hosting.

The VonOstin Group (TVOG) reserves the right to refuse service to anyone at any time. However, if TVOG should deem it necessary to initiate termination of services with you, TVOG specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall The VonOstin Group be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

Website Content
Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of The VonOstin Group's services, any material that is, in The VonOstin Group's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In short, The VonOstin Group's services may only be used for lawful activities. The VonOstin Group does not allow connection to, or use of, any software or 'bots' for IRC or the reselling of 'shell accounts'. These are deemed as a high security risks and if found will result in account suspension or termination with no refunds under any circumstances.

Pornography
The VonOstin Group has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. The VonOstin Group does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. The VonOstin Group reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.

The VonOstin Group does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. The VonOstin Group specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with The VonOstin Group and you are concerned about content, please send your concerns to our Sales team: info@tvog.net.

Network
Our servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all The VonOstin Group users. High Network traffic or throughput is not a problem at The VonOstin Group, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage. Should your account exceed your monthly bandwidth limit, it will be temporarily suspended until the next billing monthly cycle, or until additional bandwidth is purchased.

The VonOstin Group customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server for resolution.

Mass Mailings
The VonOstin Group has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the The VonOstin Group servers and/or network. Violation of the above terms will result in one or all of the following:

  • A warning from The VonOstin Group personnel by E-Mail.
  • Removal of DNS for the advertised/originating site
  • Temporary shutdown of the website/server or a block on outgoing mail
  • Permanent disconnection of service WITHOUT REFUND.


Repeat violation of the above terms will result in the following actions:

  • Immediate disconnection of service with no re-activation
  • A $2000.00 USD fee assessed and charged to your account for violation.
  • Absolutely NO REFUNDS for ANY REASON AT ALL.
  • Additional $50 USD fee charged to your account per E-Mail sent after notification.


If your actions have caused The VonOstin Group servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $250 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to info@tvog.net. If you want to report abuse by one of our users, please send the e-mail to abuse@tvog.net.

Mailing Lists
Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to The VonOstin Group about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to info@tvog.net.

Password Protection
The VonOstin Group will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term.

Copyright Infringement & Software Piracy
During the term of the hosting contract, The VonOstin Group grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.
The location of third party software found in your home directory that violates Copyright law is prohibited. The VonOstin Group will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on The VonOstin Group servers. Violators will be terminated immediately and referred to law enforcement authorities.

IP Addresses
The VonOstin Group MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of The VonOstin Group or its network provider, are non-portable, and will be retained after service has ceased. The VonOstin Group does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by The VonOstin Group will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day.

IRC Policy
IRC Servers or Clients are not allowed.

Proxy Policy
Proxy Servers of any kind are not allowed.

Server Resources
Any web site that uses a high amount of server resources such as but not limited to, CPU time, memory usage, and network resources over their share of limits will be given one or more of the following options: to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, upgrade its service plan, or terminate service and move to a different host.

Suspension
The VonOstin Group specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

Service Interruptions
Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. The VonOstin Group agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will The VonOstin Group be held liable for any financial or other damages due to such interruptions. In no event shall The VonOstin Group be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum
This Agreement shall be governed and interpreted according to United States Law. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer’s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which The VonOstin Group is awarded amounts due from Customer, The VonOstin Group shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys’ fees), through trial and appeal. The VonOstin Group may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States.

Limitation of Liability
The VonOstin Group's liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to The VonOstin Group under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall The VonOstin Group be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if The VonOstin Group has been advised of, or is aware of, the possibility of such damages.

Disclaimer of Warranties
The VonOstin Group specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by The VonOstin Group, or information on The VonOstin Group’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. The VonOstin Group also reserves the right to change prices for no reason, and at any time.

Any violations of the above policies will result in immediate suspension of services and/or termination of your service. By entering into a hosting contract with The VonOstin Group you agree to be bound by these policies, terms and conditions.

Refund Policy
We offer a 30 day Money Back Guarantee on almost every product we offer. Please contact customer service at billing@tvog.net, in advance to obtain (Authorization) within 30 days of purchase date.

Order Cancellation Policy
Please submit any cancellation via email to billing@tvog.net, or call on our business phone at (866) 528-3330 ext. 1.

Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.

Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged. In the event that a cancellation was submitted (via email or phone), we will gladly refund the complete balance charged.

Termination of Web Hosting Agreement
a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE THE VONOSTIN GROUP TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."

b. This Agreement may be terminated

i. by either party at any time
ii. by The VonOstin Group in the event of nonpayment by Customer
iii. by The VonOstin Group, at any time, without notice, if, in The VonOstin Group's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in The VonOstin Group's sole and absolute discretion and/or judgment, could disrupt, The VonOstin Group's business operations

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,
i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
ii. The VonOstin Group shall refund only refund a maximum of 30 days service charges in the event of early termination.

d. The VonOstin Group may terminate this Agreement
i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practical.
ii. immediately by giving written notice to Customer, if The VonOstin Group determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If The VonOstin Group cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, The VonOstin Group shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which The VonOstin Group may be entitled.


 
 
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