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Terms of Service

The following Terms of Service (hereinafter referred to as the "Agreement") is made between VSG Hosting.com (hereinafter referred to as "VSG Hosting") and ___________________________________________ (hereinafter referred to as "Customer") and shall be effective as of _________ ____, 2002. As used in this Agreement, "you" or "your" refer to you, the Customer and "we", "our" or "us", VSG Hosting. Both VSG Hosting and Customer are referred to collectively as the "Parties". By signing this Agreement you acknowledge that you have read, understand, and agree to our terms. This agreement is meant and made specifically for the use of our virtual hosting service.

I. Services
Utilizing its high-end equipment and software, VSG Hosting's services include, but not limited to, hosting and/or registering your domains, managed or unmanaged dedicated server, and hosting your equipment(s) within our network (colocation). Our extended services include, but not limited to, offering firewall, load balancing, and backup services.

II. Payments
Customer is expected to make payment in exchange for the services provided and to also make payment for any applicable taxes. VSG Hosting only accepts the following methods of payment: (1) credit card payment and (2) money order payment. By the 5th of each month, VSG Hosting will send an invoice to you corresponding to the service purchased as agreed in Schedule A. By the 15th of each month, VSG Hosting will charge Customer's credit card or directly withdraw the fund from Customer's bank account or expect to receive money order payment from Customer. If payment is not successfully received by the 15th, your account will be under default and VSG Hosting reserves the right to suspend the account until payment is received and your account is current with us. Subsequent late of payments may result in the termination of service without any warning from us. VSG Hosting also reserves the right to charge a late payment fee of two percent per month with a minimum late fee of $3.00 whichever is more. Customer also agrees to make any additional payment should any fees incurred from this late payment; this additional payments include, but not limited to, attorney fees, collection agency fees, and et cetera.

III. Acceptable Use Policy
To ensure the highest level of service, customer is strongly advised to review our written Acceptable Use Policy (AUP) carefully and to adhere to it at all time.

IV. Service Level Agreement
For its benefit, customer is also advised to review our written Service Level Agreement (SLA). VSG Hosting will strive to maintain the highest level of service quality to ensure the benefit of our customers.

V. Refund and Termination
In the rare event that VSG Hosting fails to meet its SLA, VSG Hosting agrees to refund customer's monthly payment as described in the SLA. In such case, customer also has the right to terminate its hosting service with us without any prior notification. Customer may receive a refund up to 100% of the hosting fees for the given month. However, customer is not entitled to any refund should customer breaks our AUP Policy either intentionally or unintentionally. Should customer do a chargeback to us where it is clear that customer is at fault for breaking our AUP, VSG Hosting will have the right to reverse the chargeback and charge an additional $50 for this purpose. Furthermore, customer also understands and agrees that the following are not refundable: (1) any applicable setup fees incurred, (2) domain name(s) already registered, even if Customer has mistakenly misspelled the domain name(s).
Unless for breaking our AUP, customer has the right to discontinue our hosting service anytime. Upon receiving customer's request/intention to discontinue our hosting service, we will terminate the account without any responsibility to provide an archival in any form for customer's future use. Customer will be charged the prorated amount or 50% of hosting fees for the given month whichever is more.
For breaking our AUP, VSG Hosting has the right to suspend and even terminate customer's account without any prior notification; customer may reinstate the service with the penalty/reinstatement fees as described in our AUP. No refund will be given to customer in this case.
Without breaking the AUP, VSG Hosting has the right to discontinue its service to customer with at least a 14 days prior written notification. In such rare case, VSG Hosting agrees to refund up to 50% of the customer's hosting fees with us for the given month.

VI. Limitation of Liability
Other than the refund policy given above, under no circumstances shall VSG Hosting be liable for any indirect, incidental, reliance, special, punitive or consequential damages including, but not limited to, lost of profits and/or opportunities resulting from any disruption of service and/or any acts of God, unauthorized access, alteration, theft, corruption, or destruction of any equipments hosted within our network. VSG Hosting cumulative liability to Customer shall not exceed an amount equivalent to the amount paid by Customer in three months prior to the notice of the damage claim. Customer should be responsible for any additional fees including, but not limited to, damage claim fees, attorney fees, and et cetera.


VII. Miscellaneous
Customer agrees that all court claims and proceedings should be made in the state of Connecticut where VSG Hosting has its business presence. All applicable fees including, but not limited to, attorney fees, court fees, and et cetera should be paid by customer.
VSG Hosting reserves the right to change this agreement, the SLA, and the AUP at any time without any prior notification. VSG Hosting will always maintain the latest revision to this agreement, the SLA, and the AUP available to the customer through its main web site. It is customer's duty to always check the newest revision to this agreement, the SLA and the AUP. Without the written notification to cancel the hosting service, customer agrees that it has acknowledged and abided to the newest revision to this agreement, the SLA, and the AUP.


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