VPM Global Internet Services, Inc. Terms & Conditions

Any services or equipment purchased through VPM and used by CUSTOMER shall be deemed to have been accepted by CUSTOMER, and under the standard terms that the service or equipment were sold.

Billing for service will occur every month on the first of the month. We do not pro-rate accounts. If you use the service in the month you sign up you will be billed for that month. No exceptions. Unless proper 30 day written notification is received prior to the end of the contract expiration date, we will bill CUSTOMER until the end of the contract. Cancellations by email or telephone are not accepted. Contracts automatically renew without notice. Should customer use the service after submitting proper termination request and is successfully connected VPM Internet Services will consider the termination request to be rescinded and CUSTOMER will be charged according to the terms of the account opened at the time of termination. All setup fees are non-refundable. By using the service the CUSTOMER accepts these Terms and Conditions. Notification must be in writing and signed by the original account holder to be effective or a company representative authorized to make such decisions and will be considered received on the date the request reaches our office. Early termination fees may apply. CUSTOMER understands that prices are subject to change without notice. Early termination is the remaining months of the terms associated with the account plus a $100 administration fee.

Monthly Recurring Fees. All Monthly Recurring Fees are due and payable monthly in advance, no later than the first day of each month, without the necessity of invoice or demand from VPM. For accounts with usage fees, invoices shall not be at specific dates or times, and will be invoices as usage totals become known. Accounts that pay annually fees are due and payable in advance on the first day of start on your annual contract.

CUSTOMER agrees to use VPM Internet Services account in a way that conforms with all applicable laws and regulations. CUSTOMER specifically agrees not to make any attempt to gain unauthorized access to any other systems or networks contained either within or outside of VPM Internet Services network.

CUSTOMER understands that the information available through VPM Internet Services or other interconnecting networks may not be accurate. 

CUSTOMER understands and agrees to not share their username name password with anyone else and not to have more than one login per username and at one time.

CUSTOMER understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss.  VPM Internet Services makes no warranties of any kind, either express, implied, or statutory concerning the data or information available through the VPM Internet Services network.

CUSTOMER agrees that VPM Internet Services shall have no liability for the services, data or information made available the public, including any liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

VPM Internet Services may use the company name and/or company URL of any VPM Internet Services, Inc. CUSTOMER for the purposes of marketing.

Note that any product, process, or technology in this document may be the subject of other intellectual property rights reserved by VPM Internet Services or others, and may not be licensed hereunder.  All content, development work, and domain names remain the property of the CUSTOMER.

All invoices for services or technical support are payable upon receipt. Finance charges at the rate of 2.5% per month, compounded daily, will be added to all amounts over 30 days.  Late Fees of $35.00 will be assessed on all invoices not paid when due or over 30 days past due.  All legal costs towards recovery of amounts due for services including attorney fees and collection charges will be the responsibility of the customer.

Should CUSTOMER dispute any valid charge(s) for service purchased through VISA/Mastercard and be successful, the disputed charges due shall double with collection and processing fees being added to the total amount due and sent to collections. Any customer that fails to pay their bill in a timely manner shall have collection and processing fees being added to the total amount due and sent to collections.

CUSTOMER understands that VPM Internet Services reserves the right to terminate the account at any time for failure to abide by the terms of this agreement or CUSTOMERS failure to pay any fees or charges when due.

REFUND POLICY:
CUSTOMER understands and agrees that VPM will reserve the right to refund any or all of CUSTOMERS payments made to VPM whether or not services were sucessfully used by CUSTOMER. 1CUSTOMER shall not automatically be qualified to receive a refund of any kind. If the proper procedures have not been followed to suspend or close an account, no refund will be availabe. If VPM can demonstrate to its satisfaction that the service functions as intended no refunds will be given. If VPM can demonstrate to its satisfaction that the services do not function as intended VPM will issue CUSTOMER a full refund account fees. If VPM can demonstrate to its satisfaction that part of the services functioned as intended VPM shall make a partial refund. In the event of partial usabilty, no refunds of the setup fees, if any, will be refunded.

ARBITRATION: 

Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, and for the right of VPM Internet Services to bring suit on an open account for simple monies due, any dispute under this Agreement involving its interpretation or the obligations of a party thereto, shall be determined by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, in Sacramento, California, before a single arbitrator. 

The arbitrator shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator, upon request of a party. The arbitrator shall have no power or authority to add to or detract from the agreements of the parties, and the costs of the arbitration shall be borne equally. The arbitrator shall have the authority to grant any temporary, preliminary or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law.

The arbitrator shall have no authority to award punitive or consequential damages. The resulting arbitration award may be enforced, orinjunctive relief may be sought, in any court of competent jurisdiction. The parties expressly stipulate that the Superior Court of the County of Sacramento, California, or the United States District Court for the State of California are courts of competent jurisdiction for this purpose.

INDECENCY CLAUSE:

VPM Internet Services services may only be used for lawful purposes. Transmission or solicitation of any material which violates United States Federal, State, or other laws which may apply in this jurisdiction or your local area, is prohibited.  This includes material which is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.  You agree that any material you publish which would commonly be considered "indecent" or "appealing to the prurient interest", also commonly referred to as "adult" material, will be protected by an appropriate "curtain" page which requires viewers to affirm that they are at least 21 years of age and are aware of the nature of the material being offered.

CUSTOMER agrees to indemnify and hold harmless VPM Internet Services in any legal action which arises as a result of your use of our services, without limitation or exception.

CUSTOMER agrees that we have the right and responsibility to fully cooperate in  any legal investigation regarding any aspect of our services, including  services sold to you.

General Use Policy/Acceptable Use Policy

The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Terms and Conditions of even date. This document establishes operating principles and acceptable use policies as they relate to the Customers use of the Internet and the connection/services provided by VPM Internet Services, Inc. and it's subdivisions to the Customer under the Terms and Conditions.

GENERAL

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and VPM Internet Services, Inc. wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

PRINCIPLES GOVERNING ACCEPTABLE USE OF THE INTERNET BY THE CUSTOMER

1. Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

    a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

    b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. Each violator will be accessed $1,500.00 termination fee. There will be a $50.00 charge for every email message sent as part of a mass mailing or mass advertisements or any other form of SPAM. Violators will also be billed $250 an hour for repairing the system back to it's functional state. If Customer disputes this amount the termination fee doubles with each dispute.

    c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortious interference, and export of technical or military data to prohibited countries.

    d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

    e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer's password will be treated as private and confidential and not disclosed to or shared with any third parties.

    f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

    g) Pornography - We adhere to U.S. laws and regulations regarding adult-related material of any nature.

    h) Excessive CPU usages - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension.

    i) Resale of services - Customers may resell web space within their own account, but are responsible for the entire domain site content. Customers may not resell mail services including, but not limited to mail forwarding capabilities, POP accounts and autoresponders. The customer may not at any time resell access to, or use of, VPM Internet Services, Inc. preinstalled scripts as well as any custom or personally owned scripts for use by a third party while installed on the web server.

    If CUSTOMER successfully disputes any billings determined to be valid and appropriate by VPM Internet Services, CUSTOMER understand that CUSTOMER will be directly billed for their activities and that CUSTOMERS account may be turned over to a collection agency for final collection. CUSTOMER understands and agree that VPM Internet Services will impose various collections fees and that all outstanding balances will accrue interest at a per annum rate of 24.99%.

    CUSTOMER understand that CUSTOMERS credit report, as maintained with agencies, may be adversely impacted by any such disputes arising out of non payments.

    In the event that CUSTOMER fraudulently uses a credit card for which CUSTOMER does not have authorization, CUSTOMER waives all privacy rights such that VPM Internet Services may freely provide to Law Enforcement any information contained with in the VPM Internet Services databases and all other available information concerning CUSTOMERS activity for immediate investigation and prosecution. However, CUSTOMER personally will remain responsible for any charges related to CUSTOMERS VPM Internet Service account and may be sued for any such charges.

    This agreement incorporates, in whole and in part, the VPM Internet Services, Inc. Terms and Conditions. VPM Internet Services, Inc. reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.

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