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TERMS OF SERVICE

Terminology
Terms used throughout these and other legal policies set forth by Visual Web Co., Ltd. may also be known as, but not limited to, "We", "Us", "Our", "Visual Web". The Account holder may also be herein know as, but not limited to, "You", "Your, "Client" and "Site Owner".

Supporting Policies
This "Terms of Service" (TOS) is supported by additional policies and agreements. Acceptance of this Terms of Service further signifies your acceptance of all other policies and supporting documents. These policies are, but not limited to:

Acceptable Use Policy (AUP)
Privacy Policy (PP)
Service Level Agreement (SLA)
Fair Use Policy (FUP)
Mail Policy (MP)
Digital Millennium Copyright Act (DMCA)
Defamatory or Libelous Content Policy (DLC)

Any client using the services of Visual Web has by action of acceptance agreed to all terms and policies set forth.

Modification
Visual Web reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes Visual Web may reasonably make to this agreement when such changes are made. If you have purchased services or software from Visual Web, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

New Accounts
All new servers are set up after receipt of payment. You will receive an e-mail including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Visual Web, this process may sometimes be delayed.

Domain Names
In order for your domain name to point to the Visual Web server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS (if you use ours and not your own ones) are located in your welcome e-mail.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Visual Web and away from your original registrar. You must have or create an account at Visual Web and initiate a transfer.

Visual Web will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Visual Web does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked in writing. If you have any questions at all about DNS changes or domain names in general, please contact us.

Content
Visual Web believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We offer servers in a large range of locations. The laws of some countries may prohibit certain server contents and server usages which may be allowed in any other country. Any server of Visual Web will underlie the laws of the respective country where it is located.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each web site individually, which have growing and evolving content, is impossible. However, if Visual Web is made aware of any questionable content on a Visual Web-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Visual Web server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities
Visual Web does not make any endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Visual Web be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the web site is brought to our attention by contacting our abuse department.


In ordering any services from Visual Web you agree that Visual Web will not be liable for any:

- Use of your server or hosting space purchased at Visual Web
- Interruption of either your own or any other's business and/or financil losses or damages caused by such
- Access delays or access interruptions to our site or the web site or sites or you have hosted on your server or hosting space, unless covered in the server-specific SLA (insofar existing)
- Losses or damages resulting from acts of God and any events beyond our control
- Data non-delivery, mis-delivery, corruption, destruction or other modification
- Loss or liability resulting from the unauthorized use or misuse of your server access data nd password
- Google geo-IP of our server's IP address(es) not resolving to the correct country which the server is physically located in: As we have made the experience that google geo-IP sometimes does not resolve to the country in which the respective server/IP is actually located and we also do not have any influence over the policies and services of google in this respect, we will not be liable for any wrong google geo-IP of any of our server's IP addresses. A wrong google geo-IP will NOT be a reason for premature cancellation and refund of a server.

Visual Web also will not be liable for any indirect, special, incidental, or consequential damages of any kind.

Payments and Agreement to Pay
As consideration for the software or services purchased by you and provided to you by Visual Web, you agree to pay Visual Web at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Visual Web expressly reserves the right to modify pricing through e-mail notification and/or notice on its web site.

You agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.

Any agreement, verbal or written held with Visual Web supercedes these terms and conditions.

Billing/Late Payments
All invoices are due on the anniversary date of the month for each service unless otherwise specified on your invoice.

If at any time, your payments become past due, you will receive a notification via e-mail (to the most recently updated e-mail address on file) with instructions on rectifying the situation. Please note that Visual Web holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment is not received within i resonable time frame after the service's due date (this depends on tyope of server and server location/country). Our Technical Support Department is available to assist you 24 hours a day. No special grace period is given for weekends or holidays.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A 10% charge back fee will be added to the amount disputed by the customer.

We only accept bank transfer, western union tranasfer, moneygram transfer, credit cards, skrill (moneybookers) or PayPal for payment of services; within Thailand you may also pay with cash or cheques issued by a Bank in Thailand and drawn on a Thai bank account. Yearly plans renew automatically. In the event that payment is not received by the DUE DATE and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly instalments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT.

Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. In such case we will notify you by e-mail when your account reaches the specified limits at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, we will suspend your server if your allotments exceed.

Cancellations
If you wish to cancel your services, you must let us know in writing thirty (30) or more days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly.

If you cancel your account and your payments still continue to recur for any reason such as:

By fault of Visual Web staff.
By fault of the credit card processor.
By fault of any other payment collection company.

We are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination
No refunds will be issued if abuse of our stated policies forces Visual Web to suspend or terminate your services prematurely. In the event you request a service cancellation, it will be suspended from use on the requested cancellation date. Cancellations of accounts pre-paid for on a month to month payment basis will not receive a refund for the remainder of the monthly billing period. Cancellations of accounts pre-paid on non-monthly accounts or on a yearly basis will only receive a pro-rated refund based on the regular monthly rate of the same hosting plan. All add-on services, IP Addresses, SSL certificates and Domain payments are non-refundable. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Acceptance of Terms and Conditions
I have read, understood and fully comprehend these terms and conditions and their full nature, extend and effect.

If I sign or purport to complete this contract on behalf of any corporate body I accept personal responsibility for and guarantee the due performance of the body of this contract and indemnify Visual Web accordingly.

I understand that by signing up for any of Visual Web's services, be it by submitting an order form on Visual Web's web site or by any other means, I am agreeing to abide to Visual Web's regulations, policies and Terms of Service.


For online payments we accept credit cards, PayPal and Moneybookers
VISA credit cards   MasterCard   American Express credit cards   PayPal

Visual Web Co., Ltd.
564/7 Lumpinee Center B4, Happyland, Bangkapi, Bangkok 10240, Thailand
Tel.: (+66-2) 374-9827 (-8), 375-7107; Fax: (+66-2) 374-9823
E-mail info@vwt.net; Skype: visualweb1; MSN: info@vwt.net
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A Member of the Visual Web Group of Companies
http://www.vwt.net - http://www.serversinasia.com - http://www.visualweb.co.th - http://www.colocationthailand.com
http://www.dedicatedthailand.com - http://www.cloudserversthailand.com - http://www.mailexchangethailand.com - http://www.vwebgroup.com


© 2013 Visual Web Co. Ltd.