TERMS OF SERVICE
Last Updated March 18th, 2020
Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of VoxVM and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that VoxVM shall not be liable for any damages arising from such causes beyond the direct and exclusive control of VoxVM.
Subscriber further acknowledges that VoxVM’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall VoxVM be held liable for any special or consequential damages, loss or injury.
Account Setup & Contact Information
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with VoxVM, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. VoxVM is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
VoxVM utilizes FraudRecord and MaxMind to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and MaxMind for misbehaviour using one-way hashed information.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
For any restrictions on content that we host, please review our Acceptable Use Policy (AUP).
Zero-Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Shared hosting, including shared reseller hosting, is limited to 100 emails per hour.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
VoxVM reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
VoxVM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of VoxVM.
You agree to supply appropriate payment for the services received from VoxVM, in advance of the time period during which such services are provided. You agree that until and unless you notify VoxVM of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies VoxVM of their intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
As a client of VoxVM, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify VoxVM of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by VoxVM.
Hosting Payment Terms: VoxVM reserves the right to bill your credit card or billing information on file with us. VoxVM provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days past the due date and not paid will result in a 10% late fee and account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to VoxVM for services rendered. Access to the account will not be restored until payment has been received.
Dedicated and VPS Server Payment Terms: All dedicated and VPS servers will automatically be suspended as soon as an invoice is overdue. To unsuspend an account simply clear the invoice by either clicking the link to the invoice sent to you by e-mail or by logging into our billing portal with your e-mail address and password and clearing your invoice with a credit card or PayPal account. Dedicated servers may take several hours to come back online once payment is received and are subject to a $50 reconnection fee.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact [email protected]
VoxVM reserves the right to change the monthly payment amount and any other charges at anytime.
Backups & Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. VoxVM is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VoxVM servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by VoxVM.
Cancellations and Refunds
Cancellations must be done in writing via [email protected] or by using the service cancellation within the customer portal. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
VoxVM reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the customer portal. VoxVM gives you an unconditional 30 day money back guarantee on shared hosting, VPS, business hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Money orders
There are no refunds on dedicated servers, administrative fees, install fees, dedicated IP addresses, SSL Certificates, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will only be credited to the account on a prorated basis with the value of advanced payments for that product. The credit may be used for further purchases at VoxVM.
Hosting accounts that received a free domain name registration that are eligible for refunds will be refunded the amount paid minus the normal domain name registration fee. Normal registration fee for .com, .net, .org, .me and .cc is listed on our website. All domain name registrations are non refundable.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
You agree to use all VoxVM services and facilities at your own risk. VoxVM specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall VoxVM be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold VoxVM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VoxVM, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless VoxVM against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with VoxVM’s network.
VoxVM reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner are subject to removal from VoxVM’s servers/network. VoxVM shall be the sole judge of what violates this policy.
VoxVM offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a “compensation” credit, the client must do so by making a request by opening a billing ticket or by emailing support.
VoxVM’s network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.
Limitation Of Liability
VoxVM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from VoxVM servers going off-line or being unavailable for any reason whatsoever. Furthermore, VoxVM shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of VoxVM servers. All damages shall be limited to the immediate termination of service.
VoxVM cannot be held liable for system downtime, crashes, or data loss. VoxVM has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by VoxVM are resold. Thus, certain equipment, routing, software, and programming used by VoxVM are not directly owned or written by VoxVM. Moreover, VoxVM holds no responsibility for the use of our clients’ accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as VoxVM sees fit. VoxVM is not responsible for any clients files, data or actions. FURTHERMORE, VoxVM retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.