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Terms & Conditions

 

Terms of Services

Where the content states: "We" includes VML Information Technology Ltd or any party acting on VML Information Technology Ltd 's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. VML Information Technology Ltd reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.itexperts.mu/termsandconditions.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
 

Domain Name Registration

1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us. 
 

Web Site Hosting and Email

 

2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

2.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.

2.3.2 You will not post, link to or transmit:

( a. ) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by VML Information Technology Ltd in any way.

( b. ) Any material containing a virus or other hostile computer program.

( c. ) Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 

2.3.3 You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

2.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.

2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.

2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.

2.7.1 Members utilizing free hosting shall display a banner as supplied by VML Information Technology Ltd .

2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site. 

2.8.2 It is contrary to VML Information Technology Ltd policy for Members to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

To send mass e-mailings; whether unsolicited, opt-in, or otherwise.

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a VML Information Technology Ltd provided server, or using a VML Information Technology Ltd provided server as a mail drop for responses.

To falsify user information provided to VML Information Technology Ltd or to other users of the service in connection with use of a VML Information Technology Ltd service. 

2.8.2 ( a ) Consequences of Violation : When VML Information Technology Ltd becomes aware of an alleged violation of its Acceptable Use Policy, VML Information Technology Ltd will initiate an investigation. During the investigation VML Information Technology Ltd may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, VML Information Technology Ltd may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, VML Information Technology Ltd will notify the appropriate law enforcement department of such violation.

2.8.2 ( b ) You shall be held liable for any and all costs incurred by VML Information Technology Ltd as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. VML Information Technology Ltd 's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour.

2.8.3 VML Information Technology Ltd does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

2.9 Any access to other networks connected to VML Information Technology Ltd must comply with the rules appropriate for those other networks

2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
 

Unacceptable Contents on our VPS, Shared Hosting and Reseller Plan.

 

All services provided by VML Information Technology Ltd may only be used for lawful purposes. The customer agrees to indemnify and hold harmless VML Information Technology Ltd from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. 

Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. 

Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting and refund fee waived off. If you believe that your copyright or trademark is being infringed upon, please email abuse@vmlit.com with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on our servers include:
 

VML Information Technology Ltd services, including all related equipment, networks and network devices are provided only for authorized customer use.

VML Information Technology Ltd systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. 

During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of VML Information Technology Ltd system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. 
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@vmlit.com and we will be happy to assist you.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and all information divulge to the appropriate law.
Any Service suspended for abuse will incur a €10.00 Reconnection fee. 

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Service Availability 

3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.

3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

3.4 Backups are the responsibility of the Client, we cannot at any time be held responsible for loss of Data.

 

Payment

 

4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize VML Information Technology Ltd to debit your account renewal fees from your card.

4.3 All payments must be in US Dollars,

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