Terms of Service

1. Introduction

1.1 This Acceptable Use Policy ("AUP") is an agreement between vitalspeeds.com (hereby known as VS) and the person, company or community using services provided by VS.
1.2 This Acceptable Use Policy will determine your rights as an account holder on vitalspeeds.Com
1.3 This Acceptable Use Policy will also determine what rights VS has over an account.

2. Responsibilities and liabilities of VS

2.1 VS will attempt to maintain a stable and useable system and infrastructure for all users.
2.2 VS will extend account terms to compensate for unscheduled outages. However, VS will not provide refunds for any unexpected outages.
2.3 VS will attempt to accomodate most users needs.
2.4 VS is responsible of damage caused to the customer directly by actions of VS. In no event shall VS aggregate liability exceed the amount paid by the customer to VS for VS services. Incidents outside the network maintained by VS are beyond VS's responsibility. VS does not compensate unexpected or indirect damages.
2.5 VS has the right to change the way it provides service to the customer. Such changes will be declared one (1) month in advance.
2.6 VS has the right to change the customer's login, email and any information within it's network, in case it is in conflict with the system configuration of VS.
2.7 VS reserves the right to BAN anyone for any reason from the #vitalspeeds chat room on efnet due to it being an "unoffical" support method. For offical support please use a support ticket or phone

2.8 VS charges NO setup fee on the account activation process. However any applications including but not limited to psybnc, bnc, eggdrop, ircd will be charged if said client would like a VS tech to set these up for them. Prices vary depending on the application and will need to contact billing for specific prices.

3. Responsibilities and liabilites of the customer

3.1 The customer is responsible of seeing that applications run from his account are of no disturbance to other users of the system or network. The customer is also responsible for functionability or costs of his own applications. Your own applications are all applications not installed by VS.
3.2 The customer is responsible of his actions in the network, where he is responsible of not causing any damage or breaking copyright or other laws.
3.3 The customer is responsible of his account information and is commited to keep this information to himself, and not giving it to any third party. The customer is responsible of actions done by using his account and of possible expenses caused by his account in the network.
3.4 In case the customer breaks this contract by his actions, he is hereby responsible of compensating the damages caused to VS or possible third party. VS can also terminate the contract without refund.
3.5 Since the billing and contacting is mainly done by email, the customer is responsible of informing VS of his current working email address. VS is not responsible in case the customer does not read email sent to an address he has given to VS.

4. Billing

4.1 The customer pays of services according to current prices set by VS. Billing period is one (1) month, or twelve (12) months, depending on the type of contract between VS and the customer. Payment will be done in advance.
4.2 Unless payment has been done by the day it is due to, VS has right to terminate the customer's account.
4.3 VS has right to change the prices of it's services. Customers will be informed of changes at least one (1) month in advance. Changes caused by laws or taxes are immediate.
4.4 VS has right to change the prices for an individual customer or terminate his account, in case bandwidth usage caused by this customer is extraordinarily high.
4.5 If customer paid using paypal and wants to cancel he or she MUST cancel his or her own subscription, VS will NOT do this for you
4.6 ALL cancelations are immediate(Yes, this includes but not limited to paypal subscriptions),meaning if you cancel your account before your billing cycle ends, your account will be terminated. Our system is automated and this is the best way for us to keep track.

4.7 Our refund policy does not pertain to shell/IRCD accounts (WE GIVE ABSOLUTELY ZERO REFUNDS FOR THESE TYPES OF ACCOUNTS.) All sales are final, it is up too the customer to cancel paypal subscriptions and or follow proper procedures to cancel their account.

4.9 We voice verify ALL orders. If we cannot get a hold of you your account will not be setup.
4.9.1 All orders outside of US, CA, UK, NL will need to scan or fax photo ID in order for us to validate the order.

5. Validity

5.1 Contract is valid with a three (3) day cancellation time, unless otherway has been decided. Both sides of the contract has right to cancel the contract, in case the other side does not obey terms set in the contract.
5.2 VS has right to cancel the contract immediately, in case the customer by his actions causes damage to the network or to a third party. Illegal usage of the services gives VS right to cancel the contract.
5.3 VS has right to move this contract to a third party. However VS being responsible of informing the customer of such.
5.4 The customer has no right to move this contract to a third party.
5.5 VS retains the right to change terms of the contract or prices of it's services.
5.7 VS has the right to not revalidate the contract, in case the customer has received one or more warnings of his actions.

6. Abuse

6.1 VS reserves the right to terminate anyone who is found to have abused his or her account this includes but is not limited to SPAM. Without warning in extreme cases.
6.2 Any user exceeding his alotted number of background processes will find the most recent processes killed automaticly.
6.3 All users will be permitted two (2) connections per background process (this allows for an eggdrop to connect to IRC and it's botnet, or a bnc to have an inbound user connecting outbound to an ircd.)
6.4 In the event that VS notices a user is performing illegal actions, VS will immediately and without warning to the user notify law enforcement officials. VS will attempt to accomodate any investigations requested by law enforcement officials within reason.
6.5 Users who feel these abuse policies are unreasonable should consult with an administrator before purchasing an account. No accomodations will be made after an account has been established.
6.6 VS reserves the right to blacklist channels for any reason. Any account found participating or associating with any blacklisted channel may be terminated without refund.

7. Disputes

7.1 Disputes may be discussed with admins, in hopes of reaching a mutual agreement.
7.2 If no agreements can be made between VS and an account holder, both parties are entitled settling the issue in a court of law.

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