This agreement describes the terms and conditions applicable to your use of our services at HostVentrilo.com. By accessing, viewing, using or downloading materials from this web site, you agree to be bound by these terms.
In this agreement, “we” mean HostVentrilo.com “you/users” means the members and/or clients, as the context requires. This site means HostVentrilo.com Internet web site.
We may revise this agreement at any time by posting revised terms on this web site. Such revised terms take an immediate effect unless specified. Please note that it is your responsibility to check this agreement periodically.
Applicable Law
This site is owned and operated by HostVentrilo.com in Canada.
Email address – info@hostventrilo.com
This agreement shall be governed by the laws of Canada and the parties submit to the exclusive jurisdiction of the Courts of Canada. Your statutory rights are not affected.
Copyright
The materials on this web site are HostVentrilo.com and/or information provider's and Ventrilo copyright and may not be copied, distributed, published, licensed or reproduced in any way. You agree not to infringe copyrights, patents, registered trademarks and any trade secrets of other users or third parties.
Disclaimers
This site is to provide information and services from HostVentrilo.com. Information on this site may contain factual inaccuracies or typographical errors or be incomplete or out of date. HostVentrilo.com may make changes and/ or improvements in the products described in this site at any time without notice. HostVentrilo.com has no control over or responsibility for the accuracy, legality and safety of postings made by users. We do not underwrite or guarantee those Services and in particular we exclude any implied warranties as to qualifications, background, and fitness for purpose. Regarding any communications with other users on this site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such agreements, HostVentrilo.com is not liable for any loss or damage of any kind. We are not liable for any loss or damage for contracting virus in consequence of visiting this site.
Use of Ventrilo
By virtue of using our service, you agree to use Ventrilo as is provided. You may not, under any circumstances, resell your Ventrilo or add unauthorized slots or servers, to your server. Further, by accepting Ventrilo through HostVentrilo.com, thus agreeing to this TOS, you agree that we will not be held liable for any takeover of your server by any outside, unauthorized, 3rd party. Contravention of any part of this TOS may result in an immediate termination of service without redress to a refund.
99.9% Uptime Guarantee
HostVentrilo.com offers a 99.9% Uptime Guarantee. That means your Ventrilo server is guaranteed to be operational 99.9% of the time each individual month. This guarantee allows for 40 minutes of Ventrilo server outage per month as defined in this document. For any downtime past the agreed upon 40 minutes, we will, at the customers request, refund their most recent months payment. Regardless of the number of outages, all refunds are limited to one month's Ventrilo fees.
Note – For the purposes of this guarantee, downtime will only be considered for service outages that last for 5 minutes or longer.
HostVentrilo.com will not be held responsible for outages resulting from non-HostVentrilo.com processes including, but not limited to, Internet NAP failures or congestion and backbone failures. Additionally, HostVentrilo.com will not be held responsible for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks.
Bandwidth
As a Scalable Voice Communications provider, HostVentrilo's bottom line is determined partially by the amount
of bandwidth customers utilize. We can normally balance that cost and
utilization while continuing to provide great service to all customers.
Customers will not be charged for the bandwidth consumed, nor do we have
specific limits or caps on that bandwidth. However, if you utilize any of
your HostVentrilo services in a manner which
consumes excessive bandwidth or affects our core equipment, overall
network performance, or other users' services, HostVenrilo may require that you cease or alter these activities. HostVentrilo reserves the right to cancel servers
and accounts without notice or compensation if requests to limit bandwidth
are not adhered to.
Penalties
Without limiting any other remedies available to us we may at any time on notice to you with immediate effect terminate our obligations to you under this agreement and prohibit your future use of this web site if you have engaged in any unlawful or improper activities in relation to your use of our services at this web site or if you breach any of the terms of this agreement.
Limit of our Liability
We are not liable to you for any indirect or consequential loss or damage from your use of our services at this web site.
Severance
In the event that any term of this agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. |