HOSTING TERMS OF SERVICE
1. Account Set-up & Administration
1.1. Domain Name Service (DNS) Service Only
Customers who own a unique, registered domain name, but do not have DNS service announcing that domain and wish to use it may do so through VLInteractive. VLInteractive will provide Primary and Secondary DNS for VLInteractive service customers. Alternatively, VLInteractive could provide only Secondary (backup) DNS for customers, who need to provide, create, and maintain their own Primary DNS.
2. Operations and Maintenance
2.1. Backups
VLInteractive will make available for each client a daily backup of all data stored on the Content Servers and will archive such backups for up two weeks.
All data recovery/restoration requests must include the following information with the request:
2.2. Service and Network Monitoring
VLInteractive technical operations and support staff are dedicated to providing high network and web Hosting Services availability and performance.
VLInteractive uses a variety of tools to monitor the network, environment and application services. The monitoring software reports network status to operator consoles and displays that are monitored throughout the day. Working via a NAGIOS based availability check, VLInteractive network technicians are notified via, pager, phone and e-mail within 180 seconds of a service alert. Changes in the network and application status are logged to provide VLInteractive with the ability to evaluate and track VLInteractive service availability.
3. Acceptable Use Policy
3.1. Illegal Activity
Use of VLInteractive Hosting Services for any activity that violates any municipal, provincial or international law, order or regulation is a violation of this Policy:
Prohibited activities include, but are not limited to:
3.2 Security
The client is responsible for any misuse of VLInteractive Hosting Services, notwithstanding that the inappropriate activity committed by a client employee, customer, consultant, guest or other individuals who have access to your system. Therefore, the client must take steps to ensure that others do not gain unauthorized access to VLInteractive Hosting Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this policy.
VLInteractive Hosting Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person(s)' or business(s)' computer, software or data, without the knowledge and consent of such person or business. The Hosting Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. The use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is strictly prohibited.
The client may not disrupt other VLInteractive operations. VLInteractive Hosting Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, website vulnerabilities (such as cross-site scripting, SQL injection or code that allows unauthorized access to the server) denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software, which contains a virus or other harmful features, also is strictly prohibited. The client is solely responsible for the security of any device connected to VLInteractive Hosting Services, including any data stored on that device.
3.3 Inappropriate Content
There may be content on the Internet or otherwise available through VLInteractive Dedicated Hosting Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or offensive, particularly for children. Neither VLInteractive nor any of its affiliates can assume any responsibility for the content contained on the Internet or otherwise available through VLInteractive Dedicated Hosting Services. The Client assumes the risk of accessing content through our Service, and neither VLInteractive nor any of its affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider.
The Client is solely responsible for any information accessible through the use of VLInteractive Dedicated Hosting Services published on the web or other Internet services. The Client must ensure that the recipient of the content is appropriate. For example, the Client must take appropriate precautions to prevent minors from receiving inappropriate content. VLInteractive and its affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deemed to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Neither VLInteractive nor any of its affiliates has any obligation to monitor transmissions made on VLInteractive Dedicated Hosting Services. However, VLInteractive and its distribution affiliates have the right to monitor such transmissions intermittently and to disclose the same in accordance with your Service Level Agreement.
By using VLInteractive Dedicated Hosting Services to reproduce, publish, display, transmit and distribute content, the Client is warranting that the content complies with this Policy and is so authorizing VLInteractive and its affiliates to reproduce, publish, display, transmit and distribute such content as necessary for VLInteractive to deliver the Dedicated Hosting Services in accordance with this agreement.
3.4 Electronic Mail
VLInteractive Hosting Services may not be used to send unsolicited, bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. VLInteractive Hosting Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from the client.
VLInteractive Hosting Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource, which uses VLInteractive Hosting Services. Forging, altering or removing electronic mail headers is prohibited.
You may not reference VLInteractive or any of its subsidiaries or divisions (including VLInteractive) either directly or indirectly, or by listing an IP address that belongs to VLInteractive in any unsolicited email even if that email is not sent through VLInteractive Hosting Services.
"Mail bombing" is strictly prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
VLInteractive is not responsible for the forwarding of email sent to any customer's service, which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at VLInteractive's sole discretion.
3.5 Violation of Acceptable Use Policy
VLInteractive does not routinely monitor the activity of services used by customer for violation of this policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our services. Although VLInteractive has no obligation to monitor services provided and/or the network, VLInteractive and its various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our services; to identify violations of this policy; and/or to protect the network and VLInteractive customers.
VLInteractive prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if our services are used in a way, which VLInteractive or its affiliates, in their sole discretion, believe violate this policy, VLInteractive or its affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of services provided by VLInteractive. Neither VLInteractive nor its affiliates will have any liability for any such responsive actions. The above-described actions are not VLInteractive exclusive remedies and VLInteractive may take any other legal or technical action it deems appropriate.
VLInteractive reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on VLInteractive servers and network. During an investigation, VLInteractive may suspend the service or services of the Client involved and/or remove material, which potentially violates this Policy.
You hereby authorize VLInteractive and its affiliates to cooperate with
Such cooperation may include VLInteractive providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer's service, VLInteractive is authorized to delete any files, programs, data and email messages associated with such account.
4. Warranties
VLInteractive warrants that:
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR EMPLOYEES, CONSULTANTS, RELATED PARTIES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID BY THE CLIENT TO VLInteractive ("VENTURELABOUR.COM INC.") WITHIN THE PAST 3 MONTHS.
JURISDICTION
BOTH PARTIES AGREE THAT THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA AND THAT ANY ACTION BROUGHT IN REGARDS TO THIS AGREEMENT WILL BE BROUGHT TO THE RELEVANT COURTS IN THE PROVINCE OF ONTARIO.
5. Customer Care & Support
NETWORK OPERATIONS CENTRE
VLinteractive.com technicians are available 24 hours a day. There are a number of ways to reach us, including toll free phone support, online help desk, and email.
TECHNICAL ISSUES AND CHANGES (DURING BUSINESS HOURS):
For any account, DNS, firewall, networking changes, and general support please contact us using the information below.
Monday to Friday, between 9AM and 5PM
Email (preferred): HelpDesk@VLinteractive.com
Phone: 519-763-9660 x 3 or 1-888-248-4893 x 3
TECHNICAL ISSUES AND CHANGES (OUTSIDE BUSINESS HOURS)
VLInteractive technical staff can be made available outside of our business hours to assist with upgrades, migrations, backup restores or other tasks. Please contact us during regular business hours for our rates or to schedule a time window.
EMERGENCY ISSUES (24/7)
An emergency will usually consist of one of the following:
SHOULD YOUR EMAIL OR CALL BE DEEMED NOT AN EMERGENCY, OR IF ESCALATION PROCEDURES ARE NOT FOLLOWED, FEES MAY APPLY.
1. Account Set-up & Administration
1.1. Domain Name Service (DNS) Service Only
Customers who own a unique, registered domain name, but do not have DNS service announcing that domain and wish to use it may do so through VLInteractive. VLInteractive will provide Primary and Secondary DNS for VLInteractive service customers. Alternatively, VLInteractive could provide only Secondary (backup) DNS for customers, who need to provide, create, and maintain their own Primary DNS.
2. Operations and Maintenance
2.1. Backups
VLInteractive will make available for each client a daily backup of all data stored on the Content Servers and will archive such backups for up two weeks.
All data recovery/restoration requests must include the following information with the request:
- Organization name;
- Universal Resource Locator (URL) of the Web Site;
- The exact file names to be restored or specify "Entire Web Site"
2.2. Service and Network Monitoring
VLInteractive technical operations and support staff are dedicated to providing high network and web Hosting Services availability and performance.
VLInteractive uses a variety of tools to monitor the network, environment and application services. The monitoring software reports network status to operator consoles and displays that are monitored throughout the day. Working via a NAGIOS based availability check, VLInteractive network technicians are notified via, pager, phone and e-mail within 180 seconds of a service alert. Changes in the network and application status are logged to provide VLInteractive with the ability to evaluate and track VLInteractive service availability.
3. Acceptable Use Policy
3.1. Illegal Activity
Use of VLInteractive Hosting Services for any activity that violates any municipal, provincial or international law, order or regulation is a violation of this Policy:
Prohibited activities include, but are not limited to:
- Posting or disseminating material, which is unlawful (such as child pornography or obscene material).
- Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
- Pyramid or other illegal soliciting schemes.
- Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
- Using the hosting services in such a manner as to disrupt other clients on the VLInteractive network, or to disrupt the operations of other third party websites, email services or like systems.
3.2 Security
The client is responsible for any misuse of VLInteractive Hosting Services, notwithstanding that the inappropriate activity committed by a client employee, customer, consultant, guest or other individuals who have access to your system. Therefore, the client must take steps to ensure that others do not gain unauthorized access to VLInteractive Hosting Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this policy.
VLInteractive Hosting Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person(s)' or business(s)' computer, software or data, without the knowledge and consent of such person or business. The Hosting Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. The use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is strictly prohibited.
The client may not disrupt other VLInteractive operations. VLInteractive Hosting Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, website vulnerabilities (such as cross-site scripting, SQL injection or code that allows unauthorized access to the server) denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software, which contains a virus or other harmful features, also is strictly prohibited. The client is solely responsible for the security of any device connected to VLInteractive Hosting Services, including any data stored on that device.
3.3 Inappropriate Content
There may be content on the Internet or otherwise available through VLInteractive Dedicated Hosting Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or offensive, particularly for children. Neither VLInteractive nor any of its affiliates can assume any responsibility for the content contained on the Internet or otherwise available through VLInteractive Dedicated Hosting Services. The Client assumes the risk of accessing content through our Service, and neither VLInteractive nor any of its affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider.
The Client is solely responsible for any information accessible through the use of VLInteractive Dedicated Hosting Services published on the web or other Internet services. The Client must ensure that the recipient of the content is appropriate. For example, the Client must take appropriate precautions to prevent minors from receiving inappropriate content. VLInteractive and its affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deemed to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Neither VLInteractive nor any of its affiliates has any obligation to monitor transmissions made on VLInteractive Dedicated Hosting Services. However, VLInteractive and its distribution affiliates have the right to monitor such transmissions intermittently and to disclose the same in accordance with your Service Level Agreement.
By using VLInteractive Dedicated Hosting Services to reproduce, publish, display, transmit and distribute content, the Client is warranting that the content complies with this Policy and is so authorizing VLInteractive and its affiliates to reproduce, publish, display, transmit and distribute such content as necessary for VLInteractive to deliver the Dedicated Hosting Services in accordance with this agreement.
3.4 Electronic Mail
VLInteractive Hosting Services may not be used to send unsolicited, bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. VLInteractive Hosting Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from the client.
VLInteractive Hosting Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource, which uses VLInteractive Hosting Services. Forging, altering or removing electronic mail headers is prohibited.
You may not reference VLInteractive or any of its subsidiaries or divisions (including VLInteractive) either directly or indirectly, or by listing an IP address that belongs to VLInteractive in any unsolicited email even if that email is not sent through VLInteractive Hosting Services.
"Mail bombing" is strictly prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
VLInteractive is not responsible for the forwarding of email sent to any customer's service, which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at VLInteractive's sole discretion.
3.5 Violation of Acceptable Use Policy
VLInteractive does not routinely monitor the activity of services used by customer for violation of this policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our services. Although VLInteractive has no obligation to monitor services provided and/or the network, VLInteractive and its various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our services; to identify violations of this policy; and/or to protect the network and VLInteractive customers.
VLInteractive prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if our services are used in a way, which VLInteractive or its affiliates, in their sole discretion, believe violate this policy, VLInteractive or its affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of services provided by VLInteractive. Neither VLInteractive nor its affiliates will have any liability for any such responsive actions. The above-described actions are not VLInteractive exclusive remedies and VLInteractive may take any other legal or technical action it deems appropriate.
VLInteractive reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on VLInteractive servers and network. During an investigation, VLInteractive may suspend the service or services of the Client involved and/or remove material, which potentially violates this Policy.
You hereby authorize VLInteractive and its affiliates to cooperate with
- Law enforcement authorities in the investigation of suspected criminal violations, and
- System administrators at other Internet service providers or other network or computing facilities in order to enforce this policy.
Such cooperation may include VLInteractive providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer's service, VLInteractive is authorized to delete any files, programs, data and email messages associated with such account.
4. Warranties
VLInteractive warrants that:
- Any software provided to Client will not contain "product keys", "expiry codes", viruses or other codes or devices that may prevent the Client from using the software at any time unless disclosed to Client.
- VLInteractive will comply with all laws, regulations and industry standards applicable to the services,
- All services under this Agreement will be performed in a good and worker like manner;
- VLInteractive has the right to enter into this Agreement and grant the rights specified herein to Client,
- VLInteractive staff and contractors that are assigned to Client's web site under this Agreement will have the experience, knowledge and skill required to perform the obligations of VLInteractive under this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR EMPLOYEES, CONSULTANTS, RELATED PARTIES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID BY THE CLIENT TO VLInteractive ("VENTURELABOUR.COM INC.") WITHIN THE PAST 3 MONTHS.
JURISDICTION
BOTH PARTIES AGREE THAT THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA AND THAT ANY ACTION BROUGHT IN REGARDS TO THIS AGREEMENT WILL BE BROUGHT TO THE RELEVANT COURTS IN THE PROVINCE OF ONTARIO.
5. Customer Care & Support
NETWORK OPERATIONS CENTRE
VLinteractive.com technicians are available 24 hours a day. There are a number of ways to reach us, including toll free phone support, online help desk, and email.
- Phone: 519-763-9660 x 3 or 1-888-248-4893 x 3
- Email: HelpDesk@VLinteractive.com
TECHNICAL ISSUES AND CHANGES (DURING BUSINESS HOURS):
For any account, DNS, firewall, networking changes, and general support please contact us using the information below.
Monday to Friday, between 9AM and 5PM
Email (preferred): HelpDesk@VLinteractive.com
Phone: 519-763-9660 x 3 or 1-888-248-4893 x 3
TECHNICAL ISSUES AND CHANGES (OUTSIDE BUSINESS HOURS)
VLInteractive technical staff can be made available outside of our business hours to assist with upgrades, migrations, backup restores or other tasks. Please contact us during regular business hours for our rates or to schedule a time window.
EMERGENCY ISSUES (24/7)
An emergency will usually consist of one of the following:
- Loss of network connectivity
- Other failures outlined in SLA with guarantees for specific recovery times
SHOULD YOUR EMAIL OR CALL BE DEEMED NOT AN EMERGENCY, OR IF ESCALATION PROCEDURES ARE NOT FOLLOWED, FEES MAY APPLY.