ACCEPTANCE OF THE TERMS:
By logging on to this domain or using any resources within this domain, you
indicate your acceptance of and are bound by the terms of service (TOS) as set
forth below. If you are uncomfortable with these terms, you must leave this site
immediately, and purge your system of any material from this domain.
Please check the Terms periodically for changes. Your continued use of our
service following the posting of any changes to the TOS constitutes acceptance
of those changes.
It is the user's responsibility to maintain familiarity with the TOS. We shall
not be bound to provide notice of TOS updates to individual users. Please check
this page from time to time for the latest updates. The TOS may also be sent to
you via e-mail. In order to receive an instant copy of the TOS, send e-mail to
tos@virtbiz.com. It is not necessary to include a subject or a message.
PROTECTION OF CONTENTS:
Visitors to this site are free to browse any images and text, but all images and
words contained in this domain and system are to be considered the sole property
of virtbiz.com, unless otherwise stated. No text or images from this site are to
be copied to or utilized on any other Internet site or for any other purpose.
All contents are copyright of the bearer, unless otherwise stated.
Violators may be prosecuted under applicable laws.
RESOURCE MONITORING:
The services we provide and the resources we use to provide them are our
exclusive property.
We reserve the right to monitor traffic and usage of all our resources,
including, but not limited to, our e-mail, FTP, DNS and web (www) servers. E-mail messages may be
monitored for the purposes of maintenance, research, training, traffic metering,
and maintaining compliance to the TOS. We shall not be required to notify a user
when monitoring is taking place. This shall serve as legal notice where
applicable.
THIRD PARTY SITES:
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not under our
control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply our endorsement of the
site or any association with its operators.
DOMAIN NAME REGISTRATION:
As a convenience to our customers, we may choose to make domain name
registrations available at a reasonable fee either directly or through an ICANN-approved
Top Level Domain (TLD) registrar partner company of our choosing. While
every effort is made to ensure the reliability of our domain name registration
service, no warranty or guarantee can be made to the availability or
fitness of use of any services provided by a partner company or any outside
party. We further do not guarantee the security of your domain name
registration records, and you assume all risks in the event the security option
you select is compromised as a result of fraudulent, unauthorized or illegal
activity. You agree that, by registration of your chosen domain name, such
registration does not confer immunity from objection to either the registration
or use of your domain name. If we have registered a domain name on your
behalf, you agree that the domain name shall be held under our exclusive
control, and that no claims may be made to any domain name that we maintain
control over. You agree that we may suspend, cancel or transfer your
services, including, but not limited to, domain name registration services at
our sole discretion as a result of failure to comply with the TOS, nonpayment of
fees, or in order to: correct mistakes made by us, another registrar or the
registry in registering your chosen domain name, or to resolve a dispute.
USER'S GRANT OF LIMITED LICENSE:
By posting or submitting content to this site, you: grant us and our affiliates
and licensees the right to use, reproduce, display, perform, adapt, modify,
distribute, have distributed, and promote the content in any form, anywhere and
for any purpose; and warrant and represent that you own or otherwise control all
of the rights to the content and that public posting and our use of your content
by will not infringe or violate the rights of any third party.
COMMERCIAL E-MAIL:
This company will never send an unsolicited e-mail message. We maintain a very
serious position on this matter.
Also, we do not allow the distribution of unsolicited commercial e-mail
(sometimes called junk e-mail or spam) by third parties to its members. If there
are attempts to send unsolicited e-mail to anyone in this domain from other
accounts in this domain or from over the Internet, it is our policy to take
appropriate action to see that such solicitations are not sent though this
system again.
It is a violation of our terms of service to send unsolicited advertising and
promotional material through our system, or to give a return address of this
domain or system.
It is the policy of this company to charge a flat rate fee for message storage &
transmission for any unsolicited commercial mailings of $100.00 per message
received.
Bills left unpaid after 30 days will be forwarded to applicable service
providers and assessed a 50% late fee. After 60 days, unpaid bills will be
referred to applicable credit reporting and collection agencies.
A second unsolicited commercial e-mail through this domain will also result in
action under the terms of applicable U.S. law, including Title 47,
Sec.227(b)(1)(C) of the U.S. Code, as follows:
"It shall be unlawful for any person within the United States to use any
telephone facsimile machine, computer, or other device to send an unsolicited
advertisement to a telephone facsimile machine."
A "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as: "equipment
which has the capacity to transcribe text or images (or both) from an electronic
signal received over a regular telephone line onto paper."
Under this definition, an e-mail account, modem, computer and printer together
constitute a fax machine.
Our company specifically does not authorize
the use of its proprietary computers, servers, routers and computer network (the
"network") to accept, transmit or distribute unsolicited bulk e-mail sent from
the Internet to our members. It is also a violation of policy, and the
law, to send or cause to be sent to, or through, the network Internet email that
makes use of or contains invalid or forged headers, invalid or non-existent
domain names or other means of deceptive addressing. We consider such email to
be counterfeit, and any attempt to send or cause such counterfeit email to be
sent to, or through, our network is unauthorized. Moreover, any email relayed
from a third party's mail servers without the permission of that third party, or
any email that hides or obscures, or attempts to hide or obscure, the source of
an email also constitutes an unauthorized use of our network. Email sent
or caused to be sent to our network that violates our Terms of Service is also
unauthorized. Nor do we authorize the harvesting or collection of screen or
account names from the our network for the purpose of sending unsolicited email.
Our customers may send a single e-mail message to a maximum of 100 recipients in
one mailing, not to exceed 500 recipients within a one hour period. All single
e-mails sent to over 100 addressees will not be delivered. No notice will be
given to you in this case. If you send e-mails to more than 500 recipients
within a one hour period, your ability to send ANY e-mail messages is suspended.
We reserve the right to take all legal and technical steps available to prevent
unsolicited bulk email or other unauthorized email from entering, utilizing or
remaining within our network. Such action may include, without limitation, the
use of filters or other network devices, immediate termination of service, and
prosecution of offenders through criminal or civil proceedings. Nothing in this
policy shall be construed to grant any right to transmit or send email to, or
through, our network, and in no event shall any failure by us to enforce this
policy constitute a waiver of our rights.
Unauthorized use of our network in connection with the transmission of
unsolicited bulk email, including the transmission of counterfeit email, may
result in civil and criminal penalties against the sender, including those
provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); and
various state laws, including the Virginia Computer Crimes Act (Va. Code Ann. §
18.2-152.2 et seq.) (amended effective July 1, 1999.)
VIRTBIZ, in its sole discretion, may terminate
service without warning for any customer who is found to send unsolicited
commercial email. In no case shall we be held liable for any loss of
income, business interruption, or other damages that may be caused by such
termination of service and remain protected by our published Terms of Service (TOS),
Acceptable Use Policy (AUP) in addition to the United States of America "Can
Spam Act of 2003" which states in part (b) "ISP HELD HARMLESS FOR GOOD FAITH
PRIVATE ENFORCEMENT- An ISP is not liable, under any Federal or State civil or
criminal law, for any action it takes in good faith to block the transmission or
receipt of unsolicited commercial e-mail."
INDEMNIFICATION:
Upon our request, you agree to defend, indemnify, and hold harmless our company
and its subsidiary and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this site. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate in asserting any available defenses. In the event
that any suit or claim is brought against us that is contrary to any portion of
this TOS or our AUP document, such action shall be considered frivolous.
We shall immediately seek dismissal with reimbursement of all court costs and
legal fees in addition to punitive damages.
RESTRICTION OF ACCESS:
A user may be restricted or barred from our system at any time. Causes for
access restriction include, but are not limited to: non-payment, failure to
adhere to the TOS, non-compliance with relevant laws, and transmission of
material we deem inappropriate.
Restriction may be authorized by our webmaster or officer of the company.
Disputes will be handled on an individual basis and only in writing. We will
send written notice via US Postal Service with our final decision. Send your
request to:
INTERNET RESOURCE ACCESS REQUEST
2805 Canton Street
Dallas TX 75226
UNAUTHORIZED ACCESS:
Access to system resources beyond what has been made available through this
website is strictly forbidden.
Attempts to access or "hack" into restricted areas of our system will be
prosecuted to the fullest extent of State and Federal laws, and extradition will
be fully enforced when applicable.
Should you have any questions about the terms of service, send an e-mail to
support@virtbiz.com. It may be helpful to include the subject "Terms of Service"
in your message.
CONSEQUENCES OF VIOLATION:
Violation of this Policy by a customer may result in temporary suspension or
permanent termination of service, at our sole discretion. We do not issue
service credits for any outages incurred through service disablement resulting
from Policy violations.
INCLUSION OF SERVICE AGREEMENT:
Users may also be bound to our Network Service Agreement. A copy of this
document may be found online here. - the plain text of
this document is found below.
LIABILITIES:
In no event shall VIRTBIZ be liable for incidental, consequential, special or
indirect damages, including, without limitation, lost business profits.
Additionally, VIRTBIZ shall not be liable for any delay or failure to perform
its obligations due to any cause beyond its reasonable control. SERVICE IS
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO VIRTBIZ OR ANY INFORMATION OR
SOFTWARE THEREIN. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME
DUE TO DISRUPTION OF SERVICE BY VIRTBIZ OR ITS PROVIDERS.
INVOICING:
For the purpose of Site Updates, an invoice shall be submitted to the Client
accompanied by a brief description of work done. All provisions of this Service
Agreement ("Agreement") apply to the User's Principal Account and Associate
Accounts billed to the Principal Account.
PAYMENT:
Payment terms are due upon receipt, unless otherwise specified. Payment is
considered past due after 15 days. A $15 late fee plus a monthly interest charge
of 1.5% will be applied to all past due invoices. If the Client’s account goes
unpaid and requires litigation, the Client will be required to pay all court
costs and attorneys fees incurred by VIRTBIZ. A $35 fee will be charged on all
returned checks. TX residents will be assessed 8.25% regulatory fee for the
purpose of assessing tax and associated costs.
The benefits of or rights conferred by this
Agreement are non-transferable. User agrees to use the service in a manner
consistent with any and all applicable state and federal laws. User agrees to
follow the Acceptable Use Policy of any network User connects to. If User is
less than 18 years of age, this Agreement must be signed by a parent or legal
guardian, who is responsible for all charges related to use of User's account(s).
User is responsible for all of User's account(s) and confidentiality of
password(s). We will suspend access or change access to User's account(s)
immediately upon notification by User that his/her password has been lost,
stolen or otherwise compromised. User is responsible for all local or
long-distance telephone charges for connecting to VIRTBIZ. Prepayment for
periods of 6 months and 1 year shall be fixed at the published rate current at
the time the agreement is made. Month-to-Month users may be prorated to the end
of current month and billed thru the next full month. Monthly users shall be
initially charged at the current published rate at the time of the prepayment,
thereafter monthly users shall be charged at the rate published for at least 20
days prior to payment becoming due. 6 month and 1 year users shall be
automatically renewed at the end of their pre-paid term to the same term length
of their previous subscription at the current rate published online. All
cancellations and changes must be provided in writing via facsimile or postal
mail. All cancellations are subject to 30 day notice. Any changes received will
take effect at VIRTBIZ’s earliest availability and any additional billing for
changes will be due immediately upon completion and/or inception. VIRTBIZ
reserves the right to suspend access to service for User's account(s) upon an
indication of problems including delinquent payments or rejection of any credit
card charges or returned checks. Neither VIRTBIZ nor its information providers
are responsible for any damages arising from User's inability to use any
services. VIRTBIZ reserves the right to change, without notice, the VIRTBIZ
service, including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, and services offered. VIRTBIZ is not
responsible for User's personal files residing on VIRTBIZ. User is responsible
for independent backup of their data stored on VIRTBIZ. VIRTBIZ reserves the
right to delete User's personal files after one or both parties terminate this
agreement. VIRTBIZ reserves the right in its sole discretion to delete any
information entered into VIRTBIZ by User. VIRTBIZ and its authorized
representatives shall have the right, but shall not be obligated, to edit
publicly viewable information. USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON VIRTBIZ THROUGH USER'S ACCOUNT(S) DOES NOT VIOLATE OR
INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. VIRTBIZ, at its sole
business judgment, may terminate this Agreement immediately or suspend User's
access to the service upon any breach of this Agreement by User, including, but
not limited to, refusal or failure to pay for services provided. The parties
expressly agree that this Agreement is wholly performable in Garland, Dallas
County, Texas and that in the event of any legal action between the parties
based upon or involving this Agreement, laws of the state of Texas shall govern
the validity of the agreement, the construction of its terms, the interpretation
and enforcement of the rights and duties of the parties hereto. The parties
further agree that any suit to enforce any provision of this Agreement shall be
brought only in the appropriate court having jurisdiction of the matter in
Dallas County, Texas. VIRTBIZ may modify these terms and conditions upon notice
published online via VIRTBIZ. User's use of VIRTBIZ’s services after such notice
shall constitute User's acceptance of the modification to this Agreement.
SEVERABILITY: This agreement is
wholly performable in Dallas, Dallas County Texas and that in the event of any
legal action between the parties based upon or involving this agreement, laws of
the state of Texas shall govern the validity of the agreement, the construction
of its terms, the interpretation and enforcement of the rights and duties of the
parties hereto. The parties further agree that any suit to enforce any provision
of this agreement shall be brought only in the appropriate court having
jurisdiction of the matter in Dallas County, Texas. We may modify these terms
and conditions upon notice published Online via our website. User's use of
services after such notice shall constitute User's acceptance of the
modification to this agreement. Non-enforcement of any section of this
Agreement does not constitute consent and we reserve the right to enforce each
and every portion of the Terms. If any portion of the Terms of Service or
Network Service Agreement is found to be unenforceable or invalid, all
other portions shall remain valid.
