Terms of Service

This agreement (“Agreement”) between VRED Networks, Inc., (“VRED Networks”) and the Customer ("Customer") which this agreement governs the provision of VRED Networks and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of VRED Networks’ websites or (b) establishes an account with VRED Networks or uses the Services or any part thereof (“Effective Date”). VRED 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. VRED Networks will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.

Services

VRED Networks will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before VRED Networks billed Customer. Customer also understands that unless VRED Networks is running a promotion, VRED 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 VRED Networks customer service representative.

The payment term the customer selects while ordering is the effective term of this agreement.

Rejection of Services

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

Payment

VRED Networks will invoice Customer at least 5 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 VRED Networks, and will pay before or on the due date of invoice. If customer is paying via credit card, payment may be authorized at the time of the invoice being generated.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 by the account due date, VRED Networks may suspend Customers account(s). If Customers account is not paid after 3 days of the due date payment has not been received, VRED Networks, at its desecration, will terminate the customers service(s), unless arrangements have been made by the customer with VRED Networks. After account has been suspended, a $15 administrative fee will be applied for re-connection.

Cancellation of Services

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, VRED Networks does not consider this a form of cancel.  All payments prior to account closure are non-refundable unless otherwise guaranteed. This includes but not limited to setup fees, hosting fees and other services offered through VRED Networks.

Refunds and Disputes

All payments to VRED Networks are non-refundable, and are considered to be the intellectual property of VRED Networks. All billing disputes must be reported to VRED 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 VRED Networks Terms of Service Agreement. If customer files a charge back against a legit charge placed by VRED Networks, a $50 administrative fee will be charged per chargeback.

Should customer open a PayPal dispute, VRED Networks has the right to suspend or terminate service at its discretion.

Money Back Guarantee

Note: Effective September 24th, 2010, VRED Networks has discontinued its Money Back Guarantee policy. Orders placed on September 24th and after will NOT qualify for our money back guarantee. The below agreement is for approved Virpus Resellers.

VRED Networks offers our VPS (virtual private server), web hosting and multi-domain account customers a complete 7 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, control panel fees, and/or control panel addon fees. 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 canceling (c) customer has no record or signs of dissatisfaction in the myVirpus helpdesk (d) If customer has multiple services, or has had service in the past, as this demonstrates that the customer has knowledge as to the quality of our service in order to continue to purchase additional services, therefore, the satisfaction guarantee is void.

Customer needs to cancel their account via vred.net and specify for immediate cancellation. After, open a ticket the billing department or e-mail billing (at) vred.net requesting a refund. Note that all control panel and licensing addons are non-refundable.

Service Level Agreement

99.9% Network Uptime Guarantee: VRED Networks offers a 99.9% uptime guarantee on
all network related services (i.e. bandwidth, routers, switches, and cabling). The 99.9% 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.

99.9% Service Uptime Guarantee: VRED Networks offers a 99.9% complete service
uptime guarantee to Virtual Private Server customers. This guarantee includes the availability of accessing the virtual private server and network availability. VRED Networks does not consider services within the VPS bound or eligible to this policy (such as mysql, apache, FTP, etc), but only the availability of the VPS.

99.9% Service Uptime Guarantee: VRED 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 access ability of the customers website(s).

Support Policy

VRED Networks will make all attempts to reply to the customers request within 1 hour of submission. VRED 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 VRED Networks are licensed to Customer and remain VRED Networks’s sole and exclusive property.

Bandwidth Overages

At the end of your billing period and as well as periodic bandwidth checks, VRED Networks will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, VRED Networks will send you notice of these overages. Note that all overages will be charged $0.50/GB + Paypal transaction cost that you went over. Paypal transaction cost is currently 4.9% + $0.30 dollars.

Maintenance, Security, & Service Interruption.

(a) VRED Networks may interrupt Service to perform maintenance on VRED Networks equipment. VRED 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. VRED Networks will not be
liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewall's, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that VRED 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 VRED Networks provides to other customers, VRED Networks may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.

(d) VRED 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) VRED Networks will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if VRED Networks was advised in advance of the possibility of such damages. VRED 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) VRED Networks will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other VRED 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) VRED 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 VRED 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 VRED Networks, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.

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

Indemnity & Third Party Claims

(a) Customer will defend and indemnify VRED 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 VRED 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 VRED Networks’ request, Customer will immediately notify any third party that VRED 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.

Liability

Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL VRED Networks, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING VRED 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 VRED Networks
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST VRED Networks AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OFVRED Networks SERVICE.