Legal Information

Terms Of Service

Use of Virtual World IT Solutions Web Hosting Services constitutes acceptance and agreement to Virtual World IT Solutions TOS.

General Terms and Policies

The Service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage

If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges

Virtual World IT Solutions provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you. Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Backups

Virtual World IT Solutions carry’s out backups per day, these backups are strictly for our own use in-case of a server failure. This is not meant as a replacement for keeping your own backups and we are not responsible for any loss of data.

Refunds

Refunds are not available for domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Virtual World IT Solutions through other companies. No refunds are provided for VPS or Dedicated servers under any circumstances. Refunds will be issued at our discretion. Setup fees are non-refundable. Any funds sent to Virtual World IT Solutions which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Cancellations

Virtual World IT Solutions requires a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via the billing portal.

Suspensions

In the event a service is suspended for non-payment or any other reasons / issues, Virtual World IT Solutions assumes no liability for the integrity of the data stored on a suspended server. Virtual World IT Solutions reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.

Virtual World IT Solutions reserves the right to refuse service to any active or in-active customers for any reason it deems necessary & can modify its TOS & AUP at any given point of time it is required.

VIOLATIONS OF Virtual World IT Solutions TOS/ACCEPTABLE USE POLICY

Examples of what Virtual World IT Solutions considers non-acceptable content and/or links to such.

Pirated software

Bulk Email /Spam related products

Illegal Pornography/Nudity

Adut content of any type

Warez/Adults/Cracked products forum/blog

Hacking/cracking related websites

Warez and/or copyrighted MP3s

Illegal material or material that is against public policy

Free Hosting of any kind

Game sites

Public Download Sites of any kind (computer applications, games, mobile apps)

Proxy Sites

Bulk File Storage and Streaming Audio/Video hosting.

User Forums containing links to material that violates our TOS

Content or links to sites that are detrimental to public policy, health and welfare

No rapishare related scripts (accepted on our special server)

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Virtual World IT Solutions to suspend or terminate your account. You agree that Virtual World IT Solutions has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following –

* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law).

* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $100 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.

* Using your hosting as a file or image hosting service.

* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.

* Using your account as a backup service. All files must be part of your website and must be linked to from your account. * Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.

* Uploading, linking to or storing warez, cracks or other pirated software.

* Assisting in or directly distributing copyrighted material.

* Excessively using the Service in such a way as to limit the bandwidth available to others.

* Providing fake or incomplete contact details, including name, postal address and telephone number.

* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.

* Using the Service for unauthorized relays through any third party systems.

* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.

* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).

* Attempting to cancel, supersede, or otherwise interfere with email other than your own.

* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.

* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.

* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Virtual World IT Solutions may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.

* Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Virtual World IT Solutions as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

* Intellectual Property – Virtual World IT Solutions does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@virtualworld.co.in

* Continuing a specific identification of the allegedly infringing material and the location(s) on Virtual World IT Solutions facilities where the materials are to be found. Upon receipt of such written notice, Virtual World IT Solutions will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Virtual World IT Solutions receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Virtual World IT Solutions will send you a copy of that notification. Unless you notify Virtual World IT Solutions of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Virtual World IT Solutions, neither Virtual World IT Solutions nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Virtual World IT Solutions neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Virtual World IT Solutions is not responsible for any loss or damage caused by your use of such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Virtual World IT Solutions equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Virtual World IT Solutions and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

* You agree that, should you use the Service to send or receive voice communications, Virtual World IT Solutions is not acting as a telecommunications carrier or telephone , that there is no representation made by Virtual World IT Solutions as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Virtual World IT Solutions has no liability of any sort for the failure or lack of quality of such use of the Service

* You agree to be liable for any damages or loss of service which results in damages to Virtual World IT Solutions as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Virtual World IT Solutions may pursue any such claims against you in Court.

* You agree that in no event will Virtual World have financial liability to you.

* Warranty – Virtual World IT Solutions MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Virtual World IT Solutions ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Virtual World IT Solutions OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Virtual World ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Virtual World IT Solutions DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

Virtual World IT Solutions DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

The following constitute violations of this AUP:

Illegal use: Virtual World IT Solutions services may not be used for illegal purposes, or in support of illegal activities. Virtual World 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 Virtual World IT Solutions service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Virtual World IT Solutions 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 Virtual World IT Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

File backup: The users are responsible for files in their hosting account. So they must backup their important files in local pc , If your account is terminated /suspended because of breaking our TOS, then we can not provide you ,your files. So all users are requested to take their account’s backup at least once in a week. We are NOT responsible for any file loss / modifications in your account due to hacking / illegal activity problems.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Virtual World IT Solutions. Virtual World IT Solutions performs an off-site backup of the Clients Web Content on a regular basis. The Client acknowledges that the backup of Web Content is a free value added service performed by “Virtual World IT Solutions”, and is limited to the Clients with Shared Hosting and Reseller Hosting Services(Linux). Furthermore, “Virtual World IT Solutions” does not guarantee this feature to any of the Clients, and therefore strongly advises the Client to regularly perform a backup of their Web Content.

Backup File Storage: For the maximum performance and for getting sufficient storage space for all the users, a user may not store the backup of their site in this server. Users can generate backup and download it to their pc within 24 hrs.

Fraudulent activity: Use of Virtual World IT Solutions 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 Virtual World IT Solutions 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 Virtual World IT Solutions account.

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 Virtual World IT Solutions.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Virtual World IT Solutions service is in violation of this AUP.

Usenet Spamming: Virtual World IT Solutions 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 Virtual World IT Solutions service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Virtual World IT Solutions 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 Virtual World IT Solutions account is subject to immediate termination. Accessing shell without permission is prohibited and may cause the account suspension.

Copyright or trademark infringement: Use of the Virtual World IT Solutions service to transmit any material (by e-mail, uploading, posting 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 Virtual World IT Solutions 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 Virtual World IT Solutions service for any activity which affects the ability of other people or systems to use Virtual World IT Solutions 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 Virtual World IT Solutions 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 Virtual World IT Solutions services could result in suspension service.

Downloads: In order to maximize uptime on our servers, media, backups, warez, are forbidden on the server. Video/Game/Music targeted sites are not allowed.

Third Party Accountability: Virtual World IT Solutions 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.

Violation Of Virtual World IT Solutions Virtual Accounts: It is absolutely forbidden to host illegal pornographic content on VPS / Dedicated Servers/ Shared servers. VPS / Dedicated Servers / Shared Servers found hosting this material will be subject to immediate cancellation without refund.

Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to Overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability.

Virtual World IT Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

REPORTING VIOLATIONS OF Virtual World IT Solutions AUP & TOS

Virtual World IT Solutions requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at Virtual World IT Solutions If available please provide the following information:

The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

Payment dues

All hosting accounts will be suspended the next day of payment due date and will terminate after 7 days from the due date if the payment is not received, unless otherwise there is a hold.

Resource Usage

User may not:

• Use 21% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

• Run any software that interfaces with an IRC (Internet Relay Chat) network.

• Run any bit torrent application, tracker, or client.

• Participate in any file-sharing/peer-to-peer activities.

• Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

• Run cron entries with intervals of less than 30 minutes

Chargeback and Payment Disputes

All payment disputes must be raised via ticket support. If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of $25 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

You may create your own backup of your account from your control panel however these may only be stored for up to 2 days. Please download archives to a local source and remove them from your account.

Bandwidth/Disk Space Usage

Virtual World IT Solutions may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings
Suspend the Member’s newsgroup posting privileges
Suspend the Member’s account
Terminate the Memeber’s account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
Virtual World IT Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Virtual World IT Solutions reserves the right to refuse service to any active or in-active customers for any reason it deems necessary & can modify its TOS & AUP at any given point of time it is required.

ACCEPTABLE USER POLICY

This Acceptable Use Policy (“AUP”) governs the use of Virtual World IT Solutions’s web hosting service. Violation of this AUP may result in suspension or termination of your service.

Offensive Content

• constitutes child pornography
• constitutes pornography or adult related material
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
• is defamatory or violates a person’s privacy
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
• improperly exposes trade secrets or other confidential or proprietary information of another person
• is intended to assist others in defeating technical copyright protections
• clearly infringes on another person’s trade or service mark, patent, or other property right
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Virtual World IT Solutions or
• is otherwise malicious, fraudulent, or may result in retaliation against Virtual World IT Solutions by offended viewers.

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Virtual World IT Solutions customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.

Restriction on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:

• Accounts must have valid, working websites, and not violate any previously subscribed terms
• Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
• Accounts are not for us of mass distribution of files, such as torrents or mirrors
• Any account found violating these terms may be suspended or terminated without warning

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Virtual World IT Solutions network.

SLA POLICY

All credit requests must be sent no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required time frame will not be accepted – no exceptions.

The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled Maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. Virtual World IT Solutions’s SLA policy does NOT apply to services such as: Static IP Addresses, SSL Certificates, Domain Registrations or Domain Transfers. We reserve the right to deny any credit request for any or no reason.

PRIVACY POLICY

This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices.

Users’ privacy is very important to Virtual World IT Solutions. Virtual World IT Solutions is committed to safeguarding the information Users entrust to us.

We will use your personally identifiable information only as follows:

For payment purposes and to provide customer support.
To announce special offers or provide other information from time to time via e-mail. We may also send e-mails announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customise your visit.

Security of Your Information

We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists. We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.