Terms of Service
Acceptance of Terms
Welcome to Vigord Internet Services! Vigord Internet Services is a unit of Vigord Corporation
which provides Web hosting, Web development and Internet access oriented services.
Vigord Internet Services provides its services to clients all around the world, subject to
the following Terms of Service (TOS), which may be updated by Vigord Internet Services from time
to time without notice to you. You can review the most current version of the TOS at any time at
http://www.vigord.net/terms.html.
In addition, when using particular Vigord Internet Services services, you and
Vigord Internet Services shall be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS.
Eligibility for Service
All services provided by Vigord Internet Services or its affiliates require
you to be at least 18 years of age and able to enter into a legal binding
contract. Your name, address, and phone number are also required. Some
services may require a credit card or deposit. Failure to supply accurate
information to Vigord Internet Services or its affiliates may result in suspended
or terminated service. Your information is subject to our Privacy
Policy.
Description of Service
Vigord Internet Services provides Internet World Wide Web site hosting,
marketing and development, Internet access, e-commerce solutions, Web
page design, domain names registration and general computer network and other
services. Vigord Internet Services has certain legal and ethical responsibilities consisting
with the use of its servers and equipment involved in these services,
as well as provided services alone. Vigord Internet Services has specific ethical concerns
regarding the use of its computers, equipment and networks detailed
below. Vigord Internet Services has responsibility to ensure that each of its clients
is provided with the best services it has available. Unless explicitly
stated otherwise, any new features that augment or enhance the current
services, shall be subject to the TOS. In order to use Vigord Internet Services services
you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer
and a modem or other access devices. All services provided by Vigord Internet Services may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
Federal, State or City laws is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening
or obscene or material protected by trade secrets and other statute. Such content may include
but it's not limited to: pirated software, illegal MP3 files, hackers programs or achives,
"warez" sites and children or other unlawfull pornography materials. Vigord Internet
Services will be the sole arbiter as to what constitutes a violation of this provision.
Indemnity
You agree to indemnify and hold Vigord Internet Services and its subsidiaries, affiliates,
officers, agents, co-branders or other partners and employees harmless
from any claim or demand, including reasonable attorney fees, made
by any third party due to or arising out of content you submit, post,
transmit or make available through the Vigord Internet Services provided services, your
use of the services, your connection to the services, your violation
of the TOS or your violation of any rights of another. You understand
and agree that the services are provided "as is" without warranty of
any kind and that Vigord Internet Services assumes no responsibility for the timeliness,
deletion, misdelivery or failure to store any user communications or
personalization settings. Neither Vigord Internet Services nor its affiliates, licensers,
contractors or their respective employees warrant that the service will
be uninterrupted or error free or that any information, software or
other material accessible on the services is free of viruses, cancelbots,
worms, Trojan horses or other harmful components. While all the files
with contents of the Vigord Internet Services provided services are backed up continuously,
Vigord Internet Services is not responsible for the archiving of a site or e-mail contents.
It is the sole responsibility of the site creator or owner to copy,
back up or archive all files that constitute their web sites. The customer
agrees to indemnify and hold harmless Vigord Internet Services from any claims resulting
from the use of the service, which damages the subscriber or any other party.
Security
Violations of system or network security are prohibited and may result
in criminal and civil liability. Examples include but are not limited
to the following: unauthorized access, use, probing or scanning of systems
security or authentication measures, data or traffic, interference
with service to any user, host or network including, without limitation,
mail bombing, flooding, denial of service, deliberate attempts to overload a system, broadcast
attacks, forging of any TCP/IP packet header or any part of the header
information in an e-mail or a newsgroup posting.
Unsolicited E-mail
Unsolicited commercial advertisements via e-mail or sending of unsolicited
e-mail ("spam") from a Vigord Internet Services provided servers or using an
e-mail address or a domain that is maintained on an Vigord Internet Services hosted site
as reference is strictly prohibited and will likely result in account
suspension or cancellation. Vigord Internet Services will be the sole arbiter as to what
constitutes a violation of this provision. "Spamming" or sending
messages to many different off-topic newsgroups is particularly unethical
and will be treated as such. Sending a message, especially an advertisement,
to more than five or six recipients is by itself spamming unless the
individuals have specifically requested to be added to a mailing list
on that topic. E-mail is a person-to-person medium, not a broadcast
medium. Spamming is also considered sending an email or newsgroup message
to a number of recipients through a server, service, equipment or network
other than provided by Vigord Internet Services, but with text or links referring to a
web site hosted on the Vigord Internet Services provided servers, equipment and network.
No refunds will be given if your account is terminated for violating this provision.
Domain Name Registration
Vigord Internet Services will submit an application for the domain name selected by
the client to the registration authority (RA). Client will be listed as registrant in
this application. Vigord Internet Services has no other responsibilities related to
the domain name registration process. Client agrees to pay all specified fees related to the
registration and support of this domain name. Client understands that non-payment of said fees may
result in non-visibility of his/her Web site or losing the selected name.
Dial Up Service Conditions
All accounts in Vigord Internet Services dial up networks enjoy unlimited time subject to the
following conditions. The service may be disconnected after prolonged continuous time in use,
such as 8 to 10 hours or if idle for 15 to 20 minutes. The account may then be reconnected
immediately if desired. Vigord Internet Services will not be responsible for any damages
resulting from loss of data due to delays, non-deliveries, deliveries to the wrong location or
service interruptions. Use of any information obtained via the dial up Internet access service
is at the user's own risk. Client agrees to maintain no more than one (1) concurrent online
session for each dial up account purchased.
Billing and Payment
Vigord Internet Services, as a provider of services described on this Web site, has the right to
change the price of the services to reflect a change in the cost of the services or other reasons.
In case of price change, a customer will be sent a 30 day advanced notice by e-mail only. Client
agrees that his/her credit card be charged for services purchased from Vigord Internet Services as
specified during transaction or to pay for services by mailing a check or money order or by other
means mutually agreed in advance. Client agrees to provide updated credit card information online
as requested in case his/her card is being declined. Client understands that non-payment will
result in automatic termination of his/her account. The account could be reestablished after
payment in full is received and, also, additional setup fee of $20 may be applicable to cover
costs of account reinstatement. Accounts paid by credit cards which are rejected by our online card
processor are grounds for termination. Because of the risk of credit card fraud, any account which
offers two bad credit cards within any 6 month period will be subject to immediate termination. If
payment is made by check or money order and the check is not honored by the client's bank
institution for whatever reason, the client is charged $25 for incurred expenses.
Termination of Services
Vigord Internet Services reserves the right to refuse, cancel or suspend service at its
sole discretion with 15 days advance notice for any or no reason and without advance notice
if the client violates the clauses of this agreement. Client has the right to terminate
the services at any time with a written notice sent by regular mail to Vigord Internet Services,
182 Kingsberry Drive, Somerset, NJ 08873-4312, or by e-mail to
cservice@vigord.net.
Due to additional costs of termination process, if you cancel prior to the end of your contract
term where you received special or promotional discounted rates, your service fees will be adjusted
so that you pay the regular, non-discounted (monthly) fees for the duration of your contract prior
to termination. All refunds will be made by company check within 30 days of receipt of termination
notice and will be prorated for the time of contract.
Money Back Guarantee and Cancelation
All Vigord Internet Services Web hosting plans are backed by a 30 day money back guarantee.
If you are not completely satisfied with our services or support within the first 30 days of your
contract, you will be given an unconditional full refund of the contract amount. Due to security
concerns, all account cancelations must be done via regular mail sent to Vigord Internet Services,
182 Kingsberry Drive, Somerset, NJ 08873-4312, or by e-mail to
cservice@vigord.net
and must be received by 6:00 pm EST/EDT Monday through Friday. The cancelation will be executed
after it is confirmed by return e-mail sent to the primary e-mail address of the account.
All refunds will be made by the company check within 30 days of receipt of cancelation. Accounts
closed after 30 days of initiation are eligible for refund of any prepaid fees for the unused
portion of the contract. However, quarterly, semiannual, annual and biannual accounts will be
charged as monthly if cancelled before their expiration date. This doesn't apply to monthly
accounts which are non-refundable.
Referral Program
If you are a current Vigord Internet Services dial up or Web hosting customer in good standing,
i.e. with no violations of the TOS and other agreements posted at Vigord Internet Services Web site
and you refer a new dial up or Web hosting customer, we will cut 15% out of your next renewal
payment, which is roughly equivalent to getting 2 months for free on the yearly plan. Just make
sure the new customer provides your username at sign-up. Please note that this offer is only
available to our current paid customers with payment period of 1 year or longer.
General Information
The TOS constitute the entire agreement between you and Vigord Internet Services and govern your use
of the services provided by Vigord Internet Services, superceding any prior agreements between you
and Vigord Internet Services. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party software. The TOS and the
relationship between you and Vigord Internet Services shall be governed by the laws of the State of
New Jersey without regard to its conflict of law provisions. You and Vigord Internet Services agree to
submit to the personal and exclusive jurisdiction of the courts located within the county of Somerset,
New Jersey. The failure of Vigord Internet Services to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Vigord Internet Services services or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the TOS are for convenience only
and have no legal or contractual effect.
Violations
Please report any violations of the TOS to
The Customer Service.
