These are the terms and conditions under which Virtual Direct and Brad Edwards Designs provides all Internet services ("service" or "services"). These Terms of Service act as a fully binding agreement between Virtual Direct and Brad Edwards Designs ("Virtual Direct") and each of its customers ("Customer").
Virtual Direct shall primarily communicate with Customer through our billing, and hosting management software installed on this Website, and/or by electronic mail to the contact's email address as specified by Customer within their assigned Web Console/Control Panel. Notice of any events or changes involving Customer's service or this agreement shall be considered given at the time that such notice is posted in a prominent location within the Web Console, or is sent by email to Customer.
All Customers must maintain the accuracy of their contact information within the
billing system. Failure to do so may result in suspension of service. Virtual Direct is not responsible for any inability by Customer to access or use
our billing system.
Virtual Direct will never sell or disclose Customer's contact information or customer lists to any third party, unless required by law or specifically authorized by Customer.
Virtual Direct reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of Virtual Directs Acceptable Use Policy. Under no circumstances is Virtual Direct responsible for any damages resulting from termination of service.
All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy) of Virtual Direct. Use of Virtual Direct Service(s) constitutes acceptance and agreement to Virtual Directs AUP as well as Virtual Directs TOS. The TOS and AUP may be changed from time to time at the discretion of Virtual Direct. Customer understands that changes to the TOS or AUP by the Virtual Direct shall not be grounds for early contract termination or non-payment. If Customer does not agree with these TOS, or AUP, Customer must discontinue use of their services immediately and contact Virtual Direct to cancel their account.
*All Payments To VIRTUAL DIRECT and BRAD EDWARDS DESIGNS Are Non-Refundable*
This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of San Bernardino applicable to contracts enforceable in that state. Venue will be San Bernardino County, California
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that Virtual Direct may disclose any and all Customer 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 Customer. In addition Virtual Direct shall have the right to terminate all service set forth in this Agreement.
Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that Virtual Direct may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Virtual Direct achieving and maintaining its cost of service goals including but not limited to rates charged to Virtual Direct by its suppliers.
Payment: Establishment of this service is dependent upon receipt by Virtual Direct of payment of stated charges. Subsequent payments are due by the first of every month for that month's service. The above applies to all accounts and services provided by Virtual Direct.
Taxes: If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Virtual Direct to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Virtual Direct may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.
Payments and Fees: Credit cards that are declined for any reason are subject to a $0.50 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $5 reconnect charge. Accounts not paid by due date may incur a $10.00 late fee at Virtual Directs discretion. Accounts that are not collectable by Virtual Direct may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Virtual Direct a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
Refund and Disputes: All payments to Virtual Direct are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Virtual Directs sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Virtual Direct an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: Virtual Direct may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: This Agreement may be terminated by Customer or Virtual Direct at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party. All requests for canceling accounts must be made in writing and sent to Virtual Direct, This may be accomplished by simply logging into your account, and canceling the appropriate service. You may also fax the cancellation request to 909-693-5376. You must have all account information in order to cancel your account.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Virtual Direct and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Virtual Direct shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Virtual Direct. Customer further acknowledges that the Virtual Directs liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Virtual Direct be liable for any special or consequential damages, loss or injury.
File Back-up: Virtual Direct is not responsible for Customers files residing on Virtual Directs servers. Customer is solely responsible for independent backup of data stored on Virtual Directs servers.
New Domain Accounts: All new Web hosting 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. As a Registrar Virtual Direct has certain guide lines that we must adhere to and certain guide lines that we must impose upon our clients. For more information on these guidelines please visit Internet Corporation for Assigned Names and Numbers.
Transfer of Domains: New Web hosting accounts which involve the transfer of a domain from another provider to Virtual Direct 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 Virtual Direct 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: Virtual Direct, provides technical support to our Customers 10am-6pm Mon-Fri and 10am-2pm Saturdays (except for the few holidays and short meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Virtual Direct provides support related to your server or virtual site physical functioning. Virtual Direct does not offer tech support for application specific issues such as cgi programming, html or any other such issue unless Virtual Direct is the one who set it up in the first place. Virtual Direct does not provide technical support for YOUR customers. If you can send email, we encourage you to send an email to support for assistance. If you are able to get online and have other questions, the answers may be within our 'Knowledge Base' (KB), located within our site located at http://www.VIRTUAL-DIRECT.com/ - 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
for technical support.
SPAM and Unsolicited Bulk/Commercial Email (UBE/UCE): Virtual Direct takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE), also known as SPAM, over our network. This means that customers of Virtual Direct may not use or permit others to use our network to transact in UCE, or UBE. Customers of Virtual Direct may not host, or permit hosting of, sites or information that is advertised by UCE or UBE from other networks. Very simply...the sending of any unsolicited email advertising messages from, to, or through Virtual Directs services may result in the imposition of civil liability against the sender, in accordance with California Business & Professions Code Section 17538.45. A copy of the California Business & Professions Code may be obtained on-line from http://www.leginfo.ca.gov. "Unsolicited bulk" messages include, but are not limited to, commercial advertising, informational announcements, and political or religious tracts. Violations of this policy carry severe penalties, including termination of service.
WHAT TYPES OF ADVERTISING ARE CONSIDERED SPAM?
Off Topic Newsgroup Posting. Most news groups do not allow blatant advertising. This is spam and any complaints from newsgroup moderators could be grounds for immediate termination.
Bulk emailing (sending an email advertisement to persons listed on an email address lead list). Advertising with bulk email services (companies who will send an email advertisement to persons listed on an email address lead list for you) can be risky. If we receive a complaint, it could be grounds for immediate termination. So, choose your services carefully.
"Bounce back" emailing (sending an email advertisement in reply to an email advertisement that was sent to you), in other words ... returning a spam for a spam. This is still emailing information to persons that you don't know, who didn't specifically request the information. If we receive a complaint it could be grounds for immediate termination.
Off Topic Chat Posting. Chat rooms are for the exchange of information, not for advertisements. Do not post ads in chat rooms. Any complaints from Chat Room members or moderators could result in immediate termination of the offending Affiliate.
Violation of Virtual Directs SPAM policy can result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Virtual Direct will initiate an immediate investigation (within 48 hours of notification). During the investigation, Virtual Direct may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Virtual Direct may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Virtual Direct reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Virtual Direct 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 Virtual Direct 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 Virtual Direct network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting Web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected 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 server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership: If Virtual Direct assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Virtual Direct, and Customer shall have no right to use that Internet Protocol address except as permitted by Virtual Direct in its sole discretion in connection with the Services, during the term of this Agreement. Virtual Direct shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Virtual Direct, and Virtual Direct 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.
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"). Virtual Direct will monitor Customer's bandwidth and disk usage. Virtual Direct 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 Virtual Directs sole and absolute discretion. If Virtual Direct 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, Virtual Direct may, at its sole discretion, collect a deposit, in an amount determined by Virtual Direct, against customer's credit card on file with Virtual Direct.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Virtual Direct Network. Violations of system or network security may result in civil or criminal liability. Virtual Direct 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 email or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
NOTIFICATION OF VIOLATION:
Virtual Direct 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 Virtual Direct 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 Virtual Directs discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Virtual Direct 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: Virtual Direct reserves the right to suspend network access to any customer if in the judgment of the Virtual Direct 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 Virtual Direct 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 services were suspended.
Indemnification: Virtual Direct wishes to emphasize that in agreeing to the Virtual Direct Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Virtual Direct for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Virtual Direct or the bringing of any claim against Virtual Direct by any third-party. This means that if Virtual Direct is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Virtual Direct, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. email, fax, and telephone contacts are used, in that order of preference.
Waiver: Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Customer shall not transfer or assign this Agreement without the prior written consent of Virtual Direct. Virtual Direct may assign Agreement at anytime without consent from or notice to Customer. Virtual Direct reserves right to cancel customers rights under this contract at anytime without further obligation.
Virtual Direct takes no responsibility for any material input by others and not posted to the Virtual Direct Network by Virtual Direct. Virtual Direct is not responsible for the content of any other Web sites linked to the Virtual Direct Network; links are provided as Internet navigation tools only. Virtual Direct 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.
Virtual Direct is not responsible for any damages your business may suffer. Virtual Direct does not make implied or written warranties for any of our services. Virtual Direct denies any warranty or merchant ability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Virtual Direct.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as a Virtual Direct customer, are solely responsible for the content stored on and served by your Virtual Direct account.
Attorneys' Fees: If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
These "Terms of Service" are current as of: Monday, October 22, 2012.
VIRTUAL Directs Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what VIRTUAL DIRECT expects of them while using the service. All users of VIRTUAL Directs Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of VIRTUAL DIRECTs Service constitutes acceptance and agreement to VIRTUAL DIRECTs AUP as well as VIRTUAL DIRECTs TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To VIRTUAL DIRECT (BRAD EDWARDS DESIGNS) Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor Customer activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, email transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. VIRTUAL DIRECT may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your VIRTUAL DIRECT account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of VIRTUAL DIRECTs Acceptable Use Policy. The following are guidelines for the establishment and enforcement of VIRTUAL DIRECTs AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
VIRTUAL DIRECT intends to provide its customers access to everything the Internet has to offer. While VIRTUAL DIRECT is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the VIRTUAL DIRECT and the Internet and cannot be permitted under the guise of free speech. The resources of the VIRTUAL DIRECT and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which VIRTUAL DIRECT determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a VIRTUAL DIRECT account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact our Abuse Team.
VIOLATIONS OF VIRTUAL DIRECT ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal Use: VIRTUAL DIRECTs services may not be used for illegal purposes, or in support of illegal activities. VIRTUAL DIRECT 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 DIRECT service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the VIRTUAL DIRECT service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the VIRTUAL DIRECT service to transmit any material (by email, uploading, posting or otherwise) that harasses another.
Fraudulent Activity: Use of VIRTUAL DIRECT 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/Bulk Email (UCE/UBE) or SPAM: Use of the VIRTUAL DIRECT service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violations of this type will result in the immediate termination of the offending VIRTUAL DIRECT account.
All email lists operated by our customers, either advertising resources on our networks or being sent through our networks, must conform to the double opt-in standards. For more information regarding double opt-in lists and standards, please click here.
Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected 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 server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Email / 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 DIRECT account.
Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the VIRTUAL DIRECT service is in violation of this AUP.
Usenet SPAMing: VIRTUAL DIRECT 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 DIRECT service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of VIRTUAL Directs 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 DIRECT account is subject to immediate termination.
Copyright or Trademark Infringement: Use of the VIRTUAL DIRECT service to transmit any material (by email, 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 DIRECT 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 DIRECT service for any activity which affects the ability of other people or systems to use VIRTUAL DIRECT Services or the Internet. This includes "denial of service" (DOS/DDOS) 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 Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer 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. VIRTUAL DIRECT will not tolerate any Customer 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 DIRECT services could result in suspension service.
Third Party Accountability: VIRTUAL DIRECT Customers 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 DIRECT Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a 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 DIRECT 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.
VIRTUAL DIRECT accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of VIRTUAL DIRECT systems or networks. VIRTUAL DIRECT reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF VIRTUAL DIRECT AUP
VIRTUAL DIRECT requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department by
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
Email 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. VIRTUAL DIRECT 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 Member'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
- REVISIONS TO THIS ACCEPTABLE USE POLICY
VIRTUAL DIRECT reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
These "Acceptable Use Policies" are current as of: Monday, October 22, 2012.