Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on myVortexServers Networks LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on myVortexServers Networks LLC’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by myVortexServers Networks LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

  1. The materials on myVortexServers Networks LLC’s web site are provided “as is”. myVortexServers Networks LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, myVortexServers Networks LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

4. Limitations

In no event shall myVortexServers Networks LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on myVortexServers Networks LLC’s Internet site, even if myVortexServers Networks LLC or a myVortexServers Networks LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

5. Revisions and Errata

The materials appearing on myVortexServers Networks LLC’s web site could include technical, typographical, or photographic errors. myVortexServers Networks LLC does not warrant that any of the materials on its web site are accurate, complete, or current. myVortexServers Networks LLC may make changes to the materials contained on its web site at any time without notice. myVortexServers Networks LLC does not, however, make any commitment to update the materials.

 

6. Links

myVortexServers Networks LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by myVortexServers Networks LLC of the site. Use of any such linked web site is at the user’s own risk.

 

7. Site Terms of Use Modifications

myVortexServers Networks LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

8. Governing Law

Any claim relating to myVortexServers Networks LLC’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

 

9. Money Back Guarantee & Refund Policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

 

10. Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

 

11. Credit Card Policy

Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.

12. Late Fee Policy

Payments are considered past due 1 day after the due date. Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.

By the Account Activation Date of each month, we shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to myVortexServers Networks by no later than the specified payment due date. myVortexServers Networks shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

 

13. SLA Policy

Coverage

This SLA applies to any myVortexServers Networks LLC’s Customer in good financial standing with myVortexServers Networks LLC at the time of a service outage.

Specifications

myVortexServers Networks LLC strives to have the content of all your web sites (which are being served by myVortexServers Networks LLC) available for HTTP access by any party in the world 99.9% of the time. Service outage (unavailability) is defined as 100% packet loss from myVortexServers Networks LLC to its backbone providers. Credits are only available in the event of 100% packet loss.

Compensation

In the event that that the average availability of all your servers (served by myVortexServers Networks LLC) falls below 99.9%, myVortexServers Networks LLC will credit the following month’s Service Fee as follows. Such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed hundred (100) percent of the monthly Service Fee charge for the affected month.

Website Availability Credit Percentage

99.9% to 100% 0%
98% to 99.8% 10%
95% to 97.9% 25%
90% to 94.9% 50%
89.9% or below 100%

In order for you to receive a credit, you must request such credit within seven (7) days after you experienced the incident of web site unavailability. You must request credit by sending an electronic mail message to Billing. Please be sure to include the address of the affected web site, the dates and times of its unavailability, and your personal information as on myVortexServers Networks LLC records. Credits will be granted within twenty four (24) hours of your credit request if myVortexServers Networks LLC confirms the unavailability. No credit will be given if myVortexServers Networks LLC cannot confirm the unavailability of the website in question.

Credit to your account shall be your sole and exclusive remedy in the event of an outage. All credits given by myVortexServers Networks LLC are non refundable and may only be used to pay current or future service fees.

Restrictions

Credits shall not be provided to you in the event that you have any outage resulting from

  1. Scheduled maintenance as posted from time to time at myVortexServers Networks LLC’s website
  2. Your behavior, the non-performance or failure of your software or applications
  3. Circumstances beyond myVortexServers Networks LLC’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.

 

14. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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