Terms of Service

This agreement (“Agreement”) between Virpus Networks, Inc., (“Virpus Networks ”) and the Customer ("Customer") which this agreement governs the provision of Virpus Networks and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of Virpus Networks’ websites or (b) establishes an account with Virpus Networks or uses the Services or any part thereof (“Effective Date”). Virpus Networks may revise this Agreement  and will have an effective date of 30 (thirty) days after any new terms or revisions have been put in place before it applies to Customer. Virpus Networks will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.

Services.

Virpus Networks will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Virpus Networks billed Customer. Customer also understands that unless Virpus Networks is running a promotion, Virpus Networks will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Virpus Networks customer service representative.

Rejection of Services.

Virpus Networks reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If Virpus Networks feels that it is not of its best interest, or a liability to obtain a customer, Virpus Networks will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. Virpus Networks will give notice of cancellation if Virpus Networks cancels Customers account, as well as temporary suspension and denied services.

Payment.

Virpus Networks will invoice Customer 7 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with Virpus Networks, and will pay before or on the due date of invoice. Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services.

If Customer has not paid after 1 day of their account due date, Virpus Networks will suspend Customers account(s). If Customers account is not paid after 3 days of the due date payment has not been received, Virpus Networks, at its descration, will terminate the customers account as well as all services, unless arrangements have been made by the customer with Virpus Networks. After account has been suspended, a $15 administrative fee will be applied for re-connection.

Cancellation of Services.

The customer must provide at least 10 days of notice intent to cancel account.  To cancel account, the customer must login to their myVirpus.com account, click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation".  Cancellation by any other means will not be an acceptable form of a cancellation request.

Although a customer may cancel PayPal subscription, Virpus Networks does not consider this a form of cancel. Customer MUST still submit a ticket to our Activations/Closure department in order to cancel their account. All payments prior to account closure are non-refundable. This includes but not limited to setup fees, hosting fees and other services offered through Virpus Networks.

Refunds and Disputes.

All payments to Virpus Networks are non-refundable, and are considered to be the intellectual property of Virpus Networks. All billing disputes must be reported to Virpus Networks within 60 days in order to receive compensation. Charge backs with your credit card issuer are considered invalid, as they are not constitutional under the Virpus Networks Terms of Service Agreement. If customer files a charge back against a legit charge placed by Virpus Networks, a $50 administrative fee will be charged per chargeback.

Support Policy .

Virpus Networks provides semi-management services to all VPS accounts hosted with Virpus Networks, unless otherwise stated in the plan that The Customer has ordered. Virpus Networks will make all attempts to reply to the customers request within 1 hour of submission. Virpus Networks charges an hourly rate of $45 per hour in increments of 30 minutes for anything not covered within a management plan. Any services not hosted with Virpus that The Customer requests work on are subject to the hourly rate unless a separate management plan is ordered. 

If any issue should come up with Customers service, the customer may not order a Management plan at the time of the incident.  The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.

Ownership of Data, Software, Hardware, and IP Addresses.

All software, hardware and Internet protocol (“IP”) addresses provided by Virpus Networks are licensed to Customer and remain Virpus Networks’s sole and exclusive property.

Bandwidth Overages

At the end of your billing period and as well as periodic bandwidth checks, Virpus Networks will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, Virpus Networks will send you notice of these overages. Note that all overages will be charged $.50/GB that you went over.

Free Domain Names

For our Single-Site product, Virpus Networks provides a free domain for the customers use. If customer decides to cancel their account, the customer agrees to pay $14.99 to retain the domain name. Virpus Networks waives the domain name charges for the life of the customers account with us unless the customer cancels, which only then will this fee apply.

Maintenance, Security, & Service Interruption.

(a) Virpus Networks may interrupt Service to perform maintenance on Virpus Networks equipment. Virpus Networks will exercise reasonable efforts (i) to inform Customer
before interrupting Service and (ii) to restore the system promptly.

(b) Customer is responsible for maintaining security, for maintaining patches and
disaster recovery systems, and for maintaining backups. Virpus Networks will not be
liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewalls, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that Virpus Networks suspects that security of any
of equipment has been breached, it may disable such equipment and the Service.

(c) In the event that Customer’s use of Service causes a denial of service or in any other way injures the functioning of services Virpus Networks provides to other customers, Virpus Networks may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.

(d) Virpus Networks will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.

Spamming

Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.

Disclaimers and Warranties.

(a) Virpus Networks will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Virpus Networks was advised in advance of the possibility of such damages. Virpus Networks’ maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to customer during the twelve-(12) months preceding the claim.

(b) Virpus Networks will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Virpus Networks customers or third parties accessing customer’s data or assigned computers; (ii) security breaches;
(iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customer’s reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or (x) loss of equipment or injury to equipment.

(c) Virpus Networks shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from Virpus Networks gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against Virpus Networks, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.

(d) Virpus Networks’ limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to Virpus Networks’ officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

Indemnity & Third Party Claims.

(a) Customer will defend and indemnify Virpus Networks, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer’s use, misuse, or failure to use the Service; and (iii) any action taken by Virpus Networks as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys’ fees.

(b) Upon Virpus Networks’ request, Customer will immediately notify any third party that Virpus Networks is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.

Free Trials.

Any free trials given to the customer are bound to this agreement. Further, the customer may not go over the trial limit, and may not redeem anymore than one trial in a lifetime. At the end of the customers free trial, Virpus Servers will suspend the VPS the day after the trial limit, until invoice for full services is paid or if prior arrangements have been made
(ie. customer wants to go ahead and continue with full paid services before the end of trial, customer adds credit card to account prior to trial expirations). Virpus Servers will notify
the customer by phone and/or e-mail to let the customer know that their free trial is about to expire. After 2 days of not hearing from the customer, Virpus Networks will automatically terminate the customers account as well as all services.

Service Level Agreement.

100% Network Uptime Guarantee: Virpus Networks offers a 100% uptime guarantee on
all network related services (i.e. bandwidth, routers, switches, and cabling). The 100% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop. Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit.

100% Service Uptime Guarantee: Virpus Networks offers a 100% complete service
uptime guarantee to Virtual Private Server customers. This guarantee includes the availability of accessing the virtual private server and network availability. Virpus Networks does not consider services within the VPS bound or elligiable to this policy (such as mysql, apache, FTP, etc), but only the availability of the VPS.

99.9% Service Uptime Guarantee: Virpus Networks offers a 99.9% Uptime guarantee to our general web hosting customers and reseller customers. This guarantee includes the availability of all services, network and the accessability of the customers website(s).

Customer credits are equal to one day’s usage for every hour of outage, not to exceed
one month’s recurring charges.

Virpus Networks provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. On outages of four hours or less, depending on access type, the customer receives a 3-day, prorated monthly credit. On outages over four hours, the customer receives an additional day credit for each hour the outage persists up to 50% of the monthly charge.

NOTE: Any service outage will need to be reported within 48 hours after restoration. After
48 hours, you will not be waranted a credit.

Money Back Guarantee.

Virpus Networks offers our VPS (virtual private server), web hosting and multi-domain account customers a complete 14 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, Virpus Servers agrees to provide a full refund of the service, excluding any setup fee's. Customer may not modify their cancellation reasoning after it has been provided the first time. This policy is void if (a) customer signs of knowing they will cancel within 30 days (b) customer signs up for the purpose of cancelling (c) customer has no record or signs of dis-satisfaction in the myVirpus helpdesk. When canceling your account while taking advantage of this policy, you will need to specify that you wish to have your money refunded under the 14 day money back guarantee policy.

Liability.

Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL VIRPUS NETWORKS, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING VIRPUS NETWORKS
SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO The Client IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF VIRPUS NETWORKS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST HostNetWay AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OFVIRPUS NETWORKS SERVICE.