THE FOLLOWING TERMS OF SERVICE COMPLIES WITH ALL VH DESIGNS' SERVICE PROVIDER'S TERMS OF SERVICE AS PRESCRIBED BY LAW

1. ACCOUNT SETUP

Your account is setup as soon as we receive your order. If payment has not been made, then payment is due no later than 10 days after initial setup.

2. CONTENT

All services provided by VH Designs may only be used for lawful purposes.

This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography (text or graphic). The customer agrees to indemnify and hold harmless VH Designs from any claims resulting from the use of our services. Examples of unacceptable material:

• Pirated Software Links or direct downloads
• Speech or Images that are:
  • offensive
  • hateful
  • profane
  • harmful
  • defamatory
  • libelous
  • harassing
  • discriminatory, whether based on:
    • race
    • ethnicity
    • creed
    • religion
    • gender
    • sexual orientation
    • physical disability
    • or otherwise
• Hack programs, archives and related information
• IRC Servers, Software or Bots
• Warez Sites and Spamware
• Promotion of Illegal activity

3. SPAM POLICY

Sending of unsolicited e-mail, bulk emailing, and spam will not be tolerated. "Safe lists" and "double opting" will also be treated as spam. Any user who sends out spam will have their account terminated with little or no notice at all.

VH Designs reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. VH Designs also reserves the right to make any such modifications in an emergency at our sole discretion.

VH Designs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of VH Designs. All rights reserved.

4. PAYMENT INFORMATION

You agree to supply appropriate payment for the services received from VH Designs, in advance of the time period during which such services are provided. You agree that until and unless you notify VH Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis. VH Designs reserves the right to change the monthly payment amount and any other charges at anytime. All accounts late by more than 10 days will be suspended, and those late by more than 30 days will be deleted. All efforts will be made to contact you prior to suspending or deleting your account.

5. BACKUPS AND DATA LOSS

Your use of the service is at your sole risk, but VH Designs will always have a backup ready in case of data loss in any form caused by any form. VH Designs is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred.

6. CANCELLATION AND REFUNDS

VH Designs reserves the right to cancel the account at any time. Customers may cancel at any time. VH Designs gives you an unconditional 30-day money back guarantee on shared hosting solutions. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7. 99.9% UPTIME GUARANTEE

This guarantee only applies to clients in good financial standing with VH Designs at the time of a service outage. VH Designs endeavors to have our servers and network available for use by any party in the world 99.9% of the time. VH Designs defines uptime as the ability to reach the server your website is hosted on via a ping. In order for you to receive a credit on your account, you must request such credit within seven days after you experienced the down time.

You must request credit by sending an electronic mail message to the VH Designs Support Team at support@vhdesigns.co.za. The body of this message must contain your account details (name and url), the dates and times of the unavailability of our service. Credits will usually be applied within thirty days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

Credits shall not be provided to you in the event that you have any outage resulting from:

• Scheduled maintenance as posted from time to time at VH Designs;
• Circumstances beyond VH Designs reasonable control, including, without limitation:
  • acts of any governmental body
  • war
  • insurrection
  • sabotage
  • embargo
  • fire
  • flood
  • strike or other labor disturbance
  • interruption of or delay in transportation
  • unavailability of interruption or delay in telecommunications or third party services, including failure of third party software or hardware or inability to obtain raw materials, supplies, or power needed for our services.

Credits shall be worked out as follows:

8. RESOURCE USAGE

Users may not initiate the following:

• Using 25% or more of system resources for longer than two minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any gaming servers such as Quake, counter-strike, half-life, battlefield1492, etc.

9. BANDWIDTH USAGE

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be notified and requested to either purchase more bandwidth at an additional fee or move to a higher package. Should you be unreachable for 48 hours or wish not to take any of the previous two options, we reserve the right to suspend the account until the start of the next allocation. Currently we cannot carry over any unused bandwidth.

10. MONEY BACK GUARANTEE

Only hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the FIRST 30 days of your service, you will be given a full refund of the hosting contract amount. This money back guarantee does not apply to domain name registrations or web site designs.

11. PRICE CHANGE

We reserve the right to change prices listed on www.vhdesigns.co.za, or any advertising material older than seven (7) days, and the right to increase the amount of resources given to plans at any time. 30 Days notice will be given should any changes affect your plan directly.

12. INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold VH Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VH Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless VH Designs against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with VH Designs
• Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
• Copyright infringement
• Any defective products sold to customers from VH Designs' server(s)

13. DISCLAIMER

VH Designs will not be responsible for any damages or losses your business may suffer. VH Designs makes no warranties of any kind, expressed or implied for services we provide. VH Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by VH Designs and its employees.

14. CHANGES TO THE TERMS OF SERVICE (TOS)

VH Designs reserves the right to revise its policies at any time without notice. By using VH Designs for any of services you thereby agree to the above Terms of Service. Failing to adhere to the terms is grounds for account termination.

15. CUSTOMER CARE CENTRE

We try to resolve and attend to all customer calls within 24 hours for all clients in good financial standing with VH Designs. You can submit a call by simply visiting our website at http://www.vhdesigns.co.za or emailing support@vhdesigns.co.za or contacting us on the number provided below.

16. PRIVACY POLICY

We do NOT collect your e-mail address(es) or information on what other pages on the Internet you have browsed, unless volunteered by you. Information submitted by the consumer, such as in surveys, sign ups, and/or site registration will never be released to any third party. VH Designs will never release your e-mail address(es), domain names, and/or any other personal information to anyone at any time, unless proper authorization has been granted by a court of law.

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