VertexHost Terms of Service (TOS) / Acceptable Use Policy (AUP)
Terms of Service
The following terms of service (“TOS”) will apply to the agreement to provide service between Deuces Wild Designs, d/b/a VertexHost (“Company”), and the individual or business entity indentified on the order form for said services (“Customer”).  These terms, along with the attached Acceptable Use Policy (“AUP”), collectively be referred to as the “Agreement” between the parties.
This Agreement is not exhaustive and VertexHost reserves the right to modify either or both the TOS and/or the AUP at any time, effective upon posting of the modified TOS and/or AUP at www.VertexHost.com. By registering for and using the services, and thereby accepting the terms and conditions of this TOS, you agree to abide by these conditions, as modified from time to time. Any violation of the TOS may result in the suspension or termination of your account or such other action as VertexHost deems appropriate.

1. Service Rates:  Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered.  Customer also acknowledged that the company reserves the right to change the specified rates and charges from time to time.  Any promotional offers made by the Company are contingent upon the Company maintaining it’s cost of service goals including, but not limited to, rates charged by its suppliers.  Where possible, the Company will provide the Customer with a minimum of 30 days notice of any rate changes.
2. Payment & Cancellation Policies:   Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full and Company has been able to adequately verify the validity of said payment.   Setup fees are charged for all new accounts, excluding specials and major account changes, and are non-refundable unless stated otherwise, all pricing is guaranteed for any term of pre-payment. Any account that is more than 10 days past due may be disabled for non-payment,   and maybe subject to: (a) $35 restoration charge for shared, reseller and VPS accounts; and (b) $65 restoration charge for dedicated and collocation accounts. Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Company (via the support desk at http://www.VertexHost.com/support or by emailing billing@VertexHost.com), a request for termination of services and receives a confirmation email from Company regarding Customer’s termination of services.   Any accounts that are not timely paid may be turned over to an outside collection agency for collection.  If your account is turned over for collection Customer agrees to pay to the Company a “Collection Fee” of not less than $50 and not more than $150, in addition to any fees that may be imposed by the outside collection agency or its legal representation.   All payments shall be in U.S. currency.  Company will bill Customer $50.00 per returned check received and/or credit card chargeback received. All Company accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle there will be a $50.00 fee. Please contact the billing department at billing@VertexHost.com should you wish to change your anniversary billing cycle. Further, if your credit card declines for any reason. Company will charge your account an additional $1.00 service charge every time your card is declined, in addition to any applicable fees and charges. All taxes, fees and governmental charges relating to the services provided hereunder (other than income taxes of Company) shall be paid by Customer.
3. REFUND POLICY: The Company offers a 30-day money-back guarantee on single domain and reseller hosting services.   Payments for other services, such as dedicated server hosting, collocation, domain registration, or any other services rendered for the Customer by the Company are completely non-refundable under any circumstances.  Setup fees are refundable only if the account order is canceled prior to account activation. In addition, if your account is canceled by the Company for violation of this Agreement including the AUP, all payments made to the Company shall also be non-refundable.
4. CANCELLATION: Requests to cancel accounts may be made in writing, via fax, to 702-951-9534, Attention Billing, or may be made by notifying our Billing Department from within our support desk. All cancellation requests must be made a minimum of 10 days before the end of the billing cycle to avoid being billed for the next invoice. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made when the cancellation procedure outlined above has not been followed. Company reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Company if Company institutes its right of cancellation. Any violation of policies which results in extra costs to the Company will be billed to the customer (i.e. transfer, space etc.).   If this Agreement expires or is cancelled for any reason, Company shall not be liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination of this Agreement. If you terminate this Agreement, Company will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to the Company under this Agreement.
5. CREDIT CARD PAYMENTS: Where available, Customer authorizes the Company to automatically debit the credit card placed on file with the Company during the ordering process on the due date of each subsequent invoice. Invoices will be emailed to the Customer prior to any credit card charges being placed at the end of each billing period. Should the Customer's credit card be declined for any reason, Company will contact customer to notify them of the declined charge, and will attempt to resubmit the credit card on file for up to 10 days. Accounts that are still uncollected after 10 days may be subject to suspension or termination as per this Agreement.
6. BACKUPS:  Full backups are made weekly and backups of new/changed data occur at least once per 24 hour period. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Customers responsibility to maintain local copies of their web content and any information on their account including, but not limited to, Customer websites, emails, databases, mailing lists and archives. The "Backup Manager" is included as a courtesy in each hosting plan and Customer can use this tool to back up their files. If loss of data occurs due to an error of VertexHost, we will attempt to recover the data at no charge to the Customer. If data loss is due to the error of the Customer, or scripts/software they are using, restoration may be subject to a service charge.
7. CONTROL PANEL & ADDON SCRIPTS: Company provides the CPanel, Interworx or other web hosting control panel software for your convenience, as well as many third-party scripts that can be installed or used from within said control panel. Although most of these scripts are stable and run smoothly, these scripts are written and maintained by other companies, and are not supported by Company.
8. INDEMNIFICAITON:  Under no circumstances shall the Company be held liable for damages resulting from any interruption of service. Customer also acknowledges that in no case shall the Company be liable for damages as a result of Customer’s own negligence.  Customer acknowledges that they make use of Companies' services and facilities at their own risk.  Customer agrees to defend, indemnify and hold harmless Company from and against liabilities arising out of: (1) any injury to person or property caused by an any products sold or otherwise distributed in connection with Company’s server(s); (2) material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to Customer from Company server(s).
9. VIOLATION OF TERMS:  Should Customer violate any terms of this Agreement, the Company, to the extent possible, will attempt to contact the Customer by email or telephone before taking any action. The Company, however, shall pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension of Customer's services without any type of notification.
10. LAWFUL PURPOSE: Company reserves the right to refuse service to anyone. Customers may only use Company server(s) for lawful purpose. Transmission of any material in violation of any applicable Federal, state or local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Company management. Regardless of the place of signing this Agreement, Customer agrees that for purposes of venue and jurisdiction, this Agreement is governed by Nevada law and any and all disputes will be litigated or arbitrated in Clark County, Nevada. To the extent of any litigation, arbitration or dispute, Customer acknowledges that IN NO EVENT SHALL Company’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) US DOLLARS.

Acceptable Use Policy (AUP)

1. SERVER ABUSE:  Any attempt to undermine or cause harm to a server or Customer of Company is strictly prohibited.  Unauthorized use of other people's accounts or computers is strictly prohibited. Company will pursue any use or attempted use of any Internet account or computer owned by a third party without said parties authorization. Such attempts include, but are not limited to "Internet scamming" or “phising” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.   Any unauthorized use of accounts or computers by a Company’s customer, whether or not the attacked account or computer belongs to Company, may result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
   
   IMPORTANT NOTE - Company has the right to discontinue service or deny access to anyone who violates these policies or the terms and conditions thereof WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined herein.
2. ILLEGAL USE: The services provided by the Company may not be used for any illegal purposes or in support of any illegal activity. The Company reserves the right to cooperate with any legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
3. CHILD PORNOGRAPHY: Use of services provided by the Company are strictly prohibited from being used to store, display, distribute, advertise, or in any way support child pornography. The Company will comply with all law enforcement entities to actively enforce this policy, and will report any Customer who violates this policy to the United States FBI and/or Interpol to the extent the Company become aware of such violations.
4. UNSOLICITED EMAIL (Spam): Unsolicited commercial advertisements (spam) are not allowed in e-mail, and may result in account cancellation. Use of services provided by the Company to transmit or support any type of unsolicited commercial or unsolicited bulk email message (SPAM) is strictly prohibited.  Company takes a zero-tolerance approach to spam originating from our servers and/or for spam advertising of domains hosted on Company servers.  Any violation of this policy may result in the immediate termination of services.
5. NETWORK SECURITY & ACTIVITY:  Customers may not use the Company’s network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, denial of service (DOS) attacks or other deliberate attempts to overload or crash a host or network. Company 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. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Company will shut it down immediately. In addition, Customer agrees to pay any charges resulting from the cost to correct security breaches affecting the Company or any of its other customers. Customers may not run IRC, bots or clients.  Company reserves the right to filter all IRC related traffic. The Company will make reasonable attempts to ensure the security of its internal and external networks remain intact, however, Customer agrees to take reasonable measures to ensure the security of Customer's account, or in the case of accounts which utilize dedicated servers or co-location services, the Customer agrees to make every attempt to ensure the security of their individual servers or, will on a regular basis, utilize the managed services that are provided by the Company to ensure the security of the network.
6. SERVER RESOURCE ABUSE / SCRIPT USAGE: Shared and reseller server accounts are limited in use of the amount of server resources. Shared server resource abuse includes, but is not limited to, any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3 and FTP. Any user found to be abusing or manipulating system resources will, to the extent possible, be notified that they are in violation of this policy. If this abuse or manipulation continues, the Company reserves the right to suspend, terminate, or make appropriate changes to prevent future incidents. Notwithstanding the foregoing, if server overload is a result of server resource abuse, the Company may take action without prior notice or warning.   The following scripts and programs are prohibited from use on our servers due to the potential for abuse misuse:
   1. CGI based forums / Message boards
   2. IRC scripts, bots, eggdrops or server software
   3. Proxy servers or “Anonymizer” scripts
   4. All “formmail” scripts other then the approved, pre-installed versions provide
   5. Scripts used for supporting illegal activities such as hacking, spoofing, sniffing, etc.
7. MODIFICATIONS AND EMENDMENTS: The Company reserves the right to modify this Agreement at any time without prior notification. Any questions regarding these terms and policies should be directed to our billing department prior to purchasing services.