PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SonicVPS.com ("SonicVPS.com", "WE" OR "US") a provider of retail web hosting, email, electronic commerce, and domain name services ("Services").
A. ACCEPTANCE:
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO SonicVPS.com THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
a) Spamming
(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming")
(ii) Maintaining an open SMTP relay
b) Facilitating a Violation of this Policy
(i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software
c) Infringing Intellectual Property Rights
(i) Engaging in any activity that:
1. infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
2. violates privacy, publicity, or other personal rights of others
d) Obscene Speech or Materials
(i) Using SonicVPS.com Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. SonicVPS.com shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through SonicVPS.com Services
(e) Promoting Violence or Injury
(i) Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
(iii) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
(f) Defamatory or Abusive Language
(i) Using SonicVPS.com’ Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
g) Forging of Headers
(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
h) Illegal or Unauthorized Access to Other Computers or Networks
(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")
(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
j) Export Control Violations
(i) Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States
(k) Illegal Activities
(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software
l) Gambling (Pleaes contact us to negotiate)
(i) Engaging in or promoting gambling
m) Promoting Intoxicants
(i) Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
n) Instructing others in Prohibited Activities
(i) Providing instructions with respect to any activities listed in (a) through (n) above
o) Other Activities
(i) Engaging in any other activity, whether lawful or unlawful, that SonicVPS.com in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.
C. FAILURE TO ABIDE BY THIS ACCEPTABLE USE POLICY
SonicVPS.com reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. SonicVPS.com may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on SonicVPS.com's systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by SonicVPS.com. It is SonicVPS.com's policy to terminate Services to infringers. The above stated rights of action, however, do not obligate SonicVPS.com to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that SonicVPS.com has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event SonicVPS.com takes action due to such possible violation, SonicVPS.com shall not be obligated to refund to you any fees paid in advance of such action.
Payment Disclaimer
2Checkout or 2CO is an authorized reseller of goods and services provided by SonicVPS.com.
Terms of Services
SonicVPS.com provides its service to you, subject to the following Terms of Service ("TOS"). We may amend this agreement at any time by posting the amended terms on our site. The amendment shall automatically become effective three (3) days after they are initially posted on our site. In addition, when using particular SonicVPS.com services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS.
By signing up for our services, you are agreeing to SonicVPS.com Terms of Service.
Service description
SonicVPS.com currently provides users with access to a selection of resources, including web hosting, use of our nameservers, server space, data transfer, email and personalized content, through its network (the "System").
Unless explicitly stated otherwise, any new features that enhance the current system, including the release of new SonicVPS.com features, shall be subject to the TOS.
You understand and agree that the system is provided "AS-IS," and that SonicVPS.com assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
Furthermore, even though SonicVPS.com creates daily and weekly local and remote backups, it is solely the customers responsibility to create their own backups.
Registration Obligations
In consideration of Your use of the System, You agree:
• that You are at least 13 years of age;
• to provide true, accurate, current and complete information about Yourself ;
• to receive any SonicVPS.com newsletters; and
• to maintain and promptly update the database to keep it true, accurate, current and complete.
Non-compliance with any of these obligations during the maintenance of Your account may result in the suspension or termination of your account, and may result in the refusal of any and all current or future use of the system, or any portion there of at the sole discretion of us.
Privacy Policy
The database and certain other information about You is subject to our Privacy Policy
For more information, please see our complete privacy policy available on our website SonicVPS.com
Member account information
You will receive a password and account designation upon completing the system's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to :
• immediately notify SonicVPS.com of any unauthorized use of your password or account or any other breach of security, and
• ensure that you exit from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply with this section.
Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the entity from which such Content originated.
This means that you, and not SonicVPS.com, are solely responsible for all content that you upload, post, email or otherwise transmit via the system.
We do not control the content posted via the system and as such, do not guarantee the accuracy, integrity or quality of such content.
You understand that by using the system, you may be exposed to content that is offensive, indecent or objectionable.
Under no circumstances will we be liable in any way for any content, including but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the system.
You agree to not use the system to:
• Upload, post, email or otherwise transmit any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a SonicVPS.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;
• Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail","spam", "chain letters", or "pyramid schemes".
Mailing-list : Only Double Opt-In lists are allowed;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the System are able to type, or otherwise act in a manner that negatively affects other user's ability to engage in real time exchanges;
• Interfere with or disrupt the system or servers or networks connected to the system, or disobey any requirements, procedures, policies or regulations of networks connected to the system;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass anyone;
• Collect or store personal data about other users without their knowledge;
• Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
• If you are using email forwarding, you agree that we reserve the right at our sole discretion to filter and delete all spam emails.
• Proxy Scripts, IRC and Adult Material are prohibited in any way, form or fashion.
Advertising banners
Our hosting services do not require you to display any of our advertising banners but although not required we would be grateful if you had a link back to SonicVPS.com.
All domain names hosted through our service or using our name servers may be pointed to a "Parked" Web page. The "Parked" Web page may be modified at any time by SonicVPS.com without prior notice to you and may include such things as, without limitation :
• links to additional products and services offered by registrar,
• advertisements for products and services offered by third-parties
• an internet search engine interface.
Intellectual Property Infringement
As a condition for your use of our services offered and defined by our system, you represent and warrant that your registered domain name does not violate the intellectual property rights of any third party.
In the event you are found to have breached your obligation pursuant to this section and your domain name is using any of our services offered and defined by our system, you agree to pay us liquidated damages in the amount of US $500.00 per day per each instance of a violation until remedied by you.
You further agree that we may demand at any time proof of any intellectual property ownership or licensing, as the case may be, to ensure your compliance with this section.
Special considerations for international use
You agree to comply with all local rules regarding online conduct and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the the country in which you reside.
Content submitted to SonicVPS.com
You agree that SonicVPS.com and its designees have the right to refuse or move any content that is available through the system.
Additionally, SonicVPS.com and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
In this regard, you acknowledge that you may not rely on any content created by SonicVPS.com or submitted to SonicVPS.com.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
• comply with legal process;
• enforce the TOS;
• respond to claims that any content violates the rights of third-parties; or
• protect the rights, property, or personal safety of SonicVPS.com, its users and the public.
You understand that the technical processing and transmission of the system, including your content, may involve
• transmissions over various networks; and
• changes to conform and adapt to technical requirements of connecting networks or devices.
Public content posted to SonicVPS.com
(a) For purposes of the TOS, "publicly accessible areas of the System" are those accessible by the general public or clients.
(b) With respect to content you elect to post for inclusion in publicly accessible areas of SonicVPS.com or that consists of photos or other graphics you elect to post to any other publicly accessible area of the system, you grant SonicVPS.com the world-wide, royalty and non-exclusive license to reproduce, modify, adapt and publish such content on the system solely for the purpose of displaying, distributing and promoting the specific SonicVPS.com site to which such content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the system. This license exists only for as long as you elect to continue to include such content on the system and shall be terminated at the time you delete such content from the system. SonicVPS.com customers are responsible for all site content and site content updates and all code therein.
Indemnity
You agree to indemnify and hold SonicVPS.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to or transmit through the system, your use of the system, your connection to the system, your violation of the TOS, or your violation of any rights of another.
Prohibition against resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the system, use of the system, or access to the system without prior written agreements from SonicVPS.com
General practices regarding use and storage
You acknowledge that SonicVPS.com may establish general practices and limits concerning use of the system, including without limitation the maximum number of days that email messages or other uploaded content will be retained by the system, the maximum number of email messages that may be sent from or received by an account on the system, the maximum size of any email message that may be sent from or received by an account on the system, the maximum disk space that will be allotted on SonicVPS.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the system in a given period of time.
You agree that SonicVPS.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the system.
You acknowledge that SonicVPS.com reserves the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that SonicVPS.com reserves the right to change these general practices and limits at any time with or without prior notice.
Modifications to system
SonicVPS.com reserves the right at any time to modify or discontinue, temporarily or permanently, the system, or any part thereof with or without prior notice.
You agree that SonicVPS.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the system.
Termination
You agree that SonicVPS.com may terminate your password account SonicVPS.com website (client portal), use of the system, or use of any other SonicVPS.com service, and remove and discard any content within the system, for any reason, including, without limitation, for lack of use or if SonicVPS.com believes that you have violated or acted inconsistently with the provisions of the TOS.
SonicVPS.com may also, at any time, discontinue providing the system, or any part thereof, with or without prior notice.
You agree that any termination of your access to the system under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SonicVPS.com may immediately deactivate or delete your account and SonicVPS.com website and all related information and files in your account and SonicVPS.com site and/or bar any further access to such files or the system.
Further, you agree that SonicVPS.com shall not be liable to you or any third-party for any termination of your access to the system.
Other grounds for termination
We reserve the right, in our sole discretion, to terminate your hosting service with respect to any domain name that you subsequently transfer to another registrar.
You understand and acknowledge that your continued use of our hosting service is conditioned on your domain remaining registered with us and not violating our other stated conditions.
Dealings with advertisers
SonicVPS.com may run advertisements and promotions on SonicVPS.com sites.
The manner, mode and extent of advertising by SonicVPS.com on SonicVPS.com website is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the system, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SonicVPS.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the system.
Links
The System may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SonicVPS.com has no control over such sites and resources, You acknowledge and agree that SonicVPS.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that SonicVPS.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of warranties
You expressly understand and agree that :
1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. SonicVPS.com expressly disclaims all warranties of any kind, wheter express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. SonicVPS.com makes no warranty that :
o the system will meet your requirements,
o the system will be uninterrupted, timely, secure, or error-,
o the results that may be obstained from the use of the system be accurate or reliable,
o the quality of any products, services, information, or other material, purchased or obtained by you through the system will meet your expectations, and
o any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the system is done at your own discretion and risk and that you will be solely responsible for any damage to your cumputer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from SonicVPS.com or though or from the system shall create any warranty not expressly stated in the TOS.
Limitation of liability
You expressly understand and agree that SonicVPS.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damage for loss of profits, goodwill, use, data, or other intangible losses (even if SonicVPS.com has been advised of the possibilty of such damages), resulting from
• the use of the inability to use the system;
• the cost of procurement of substitute goods and services resulting from any goods, data, informations or services purchased or obtained or messages received or transactions entered into through or from the system;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the system; or
• any other matter relating to the system.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations provided in previous sections may not apply to you.
Special admonition for services relating to financial matters
The System is provided for informational purposes only, and no content included in the system is intended for trading or investing purposes.
SonicVPS.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the system, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notice
Notices to you may be made via either email or regular mail.
The system may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the system.
Modification
We may modify any of the terms and conditions contained in this TOS at any time and in our sole discretion.
A change notice will be posted on our site and shall be effective after three (3) days after they are posted on our site.
General Information
This TOS constitutes the entire agreement between you and SonicVPS.com and governs your use of the system, superseding any prior agreements between you and SonicVPS.com.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and SonicVPS.com shall be governed by the laws of the United States of America without regard to its conflict of law provisions.
You and SonicVPS.com agree to submit to the personal and exclusive jurisdiction of the courts located in the United States of America.
The failure of SonicVPS.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should proceed to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the System or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations
Any violations of the TOS should be reported to us at abuse@SonicVPS.com .
We will post a page from your domain name stating that you have violated our terms and conditions of service.
Account cancellation
You have the right to cancel your service(s) at any time provided you follow these steps:
• Before cancelation you are responsible for settling any withstanding balances on your account such as withstanding account payments, any extra bandwidth or storage space used up to date of the cancellation.
• Log into your account at http://my.SonicVPS.com then click « My account », click the package to be cancelled then click « [Click to cancel this hosting package] ».
• All requests for cancellation of any services must be made in writing at least 30 days in advance but not more than 60 days. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM GMT +1 Monday - Friday. An account is not canceled until a confirmation is sent.
Account suspension or termination
Service will be interrupted on accounts that reach 4 days past due.
If the service is not paid on time, you agree to pay a $10 US fee for reactivating a suspended account.
Accounts not paid by due date are subject to a 20% late fee.
SonicVPS.com reserves the right to withhold any funds received up to that date.
If the account is canceled before the expiration of the paid term, SonicVPS.com reserves the right to withhold all the funds paid by you.
SonicVPS.com is not obliged to refund the money unless we feel the refund request is genuine and with viable reasons.
Monthly payments : you will receive service until the next renew date of the package to be cancelled.
Quarterly, semi-annually and yearly paid accounts are eligible to a refund of all unused full months.
Domain names and setup fees are non-refundable.
Refunds are given only if agreed by both parties.
The advance payment received will not be returned to you if you are in the breach of the SonicVPS.com’s acceptable use policy.
We do not, allow and or support you to use nulled or unlicensed softare on our servers. We have every right to suspend your service and remove the script should an infringement occur. There is a $25 reactivation fee to unsuspend your account.
