TERMS AND CONDITIONS

 Last update - 14/02/2015

APPLICABLE TO ALL VIPDOMAINE CUSTOMERS .

THE FOLLOWING POLICIES APPLY TO ALL CUSTOMERS OF VIPDOMAINE UPON SUBSCRIPTION TO THE SERVICES, INCLUDING SUBSCRIPTION THROUGH A THIRD PARTY, A REPRESENTATIVE OR ANY COMMERCIAL PARTNER. YOU AGREE TO COMPLY WITH THE POLICIES DESCRIBED IN THIS DOCUMENT. THE SERVICE ORDER IS DEFINED AS THE HOSTING PACKAGE DESCRIPTION AS PRESENTED ON VIPDOMAINE WEBSITE OR THE « SERVICE ORDER » DOCUMENT IN CASE OF VPS AND DEDICATED SERVERS SERVICES. IN THIS DOCUMENT, THE SECTIONS IDENTIFIED BY VIPDOMAINE WEB HOSTING APPLY TO SHARED HOSTING SUBSCRIBERS AND THE SECTIONS IDENTIFIED BY VIPDOMAINE SERVER APPLY TO DEDICATED SERVER SUBSCRIBERS.


GENERAL TERMS OF THE CONVENTION

VIPDOMAINE IS COMMITTED TO PROVIDE CUSTOMER SERVICE WITH INTERNET CONNECTIVITY, WEB HOSTING SPACE AND INTERNET TRAFFIC AS MENTIONED IN THE SERVICE ORDER. VIPDOMAINE MAKE SURE TO OFFER THE BEST SERVICE FOR ITS CUSTOMERS.

THE CLIENT IS COMMITTED TO USE THE SERVICES FOR LEGITIMATE PURPOSES IN ACCORDANCE WITH ALL THE APPLICABLE LAWS AND THIS POLICY. IF THE CUSTOMER USES THESE SERVICES FOR ILLEGAL PURPOSES OR IN BREACH OF ANY APPLICABLE LAW OR THIS POLICY, OR VIOLATES THIS POLICY, VIPDOMAINE MAY EXERCICE THE RIGHTS SET OUT IN THE « VIOLATION » SECTION OF THE POLICY.

PROHIBITED ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO :

THREATENING TO CAUSE HARM TO PERSONS OR PROPERTY OR ANY OTHER HARASSMENT BEHAVIOUR.

VIOLATING CANADIAN EXPORT CONTROL LAWS AND REGULATIONS, INCLUDING THOSE RELATING TO SOFTWARE OR TECHNICAL INFORMATION, OR VIOLATING CANADIAN COMMERCIAL TRANSACTION LAWS AND REGULATIONS WITH CERTAIN COUNTRIES SANCTIONED OR WITH DESIGNATED PERSONS OR ENTITIES.

MISREPRESENTING OR FRAUDULENTLY REPRESENTING PRODUCTS/SERVICES.

TRANSMISSION, DISTRIBUTION OR STORAGE OF ANY MATERIAL IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION.

TRANSMISSION, DISTRIBUTION OR STORAGE OF ANY MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT WITHOUT PROPER AUTHORIZATION, AND MATERIAL THAT IS OBSCENE, DEFAMATORY, AN INVASION OF PRIVACY OR CONSTITUTES AN ILLEGAL THREAT, OR IS OTHERWISE ILLEGAL.

FAILURE TO PROVIDE COMPLETE, TRUTHFUL AND ACCURATE INFORMATION REGARDING THE CUSTOMER’S IDENTITY AND LOCATIONS AS REQUESTED ON ALL OF VIPDOMAINE’S APPLICATION FORMS.

TRANSMISSION, DISTRIBUTION OR STORAGE OF ANY MATERIAL THAT SPONSORS, ASSISTS IN, OR ENCOURAGES THE UNLAWFUL USE OR THREATENED USE OF FORCE OR VIOLENCE AGAINST PERSONS OR PROPERTY TO INTIMIDATE OR COERCE A GOVERNMENT, ANY CIVILIAN POPULATION OR ANY SEGMENT THEREOF, IN FURTHERANCE OF POLITICAL OR SOCIAL OBJECTIVES.

BEING SUBJECT TO ECONOMIC SANCTIONS, PROHIBITIONS OR RESTRICTIONS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER CUSTOMER OR IN ANY JURISDICTION WHERE VIPDOMAINE OR ANY OF ITS AFFILIATES ARE LOCATED AND WHETHER OR NOT THE SERVICES PROVIDED TO CUSTOMER BY VIPDOMAINE OR SUCH AFFILIATE WOULD VIOLATE SUCH ECONOMIC SANCTIONS, PROHIBITIONS OR RESTRICTIONS.

FACILITATING, PROMOTING, OR ENCOURAGING ANY OF THE ABOVE ACTIVITIES, WHETHER USING 1HOSTONGDOMAIN’S NETWORK OR SERVICES BY ITSELF OR VIA A THIRD PARTY’S NETWORK OR SERVICE.

INTERFERENCE WITH A THIRD PARTY’S USE OF VIPDOMAINE’S NETWORK OR SERVICES, OR ABILITY TO CONNECT TO THE INTERNET OR PROVIDE SERVICES TO INTERNET USERS.

MANAGING A PROXY SERVER (PROXY WEB).


E-MAIL

VIPDOMAINE APPLIES A STRICT ANTI-SPAM POLICY. SPAMMERS ARE NOT WELCOMED. THIS INCLUDES SPAMMING THROUGH OPEN PROXY SERVERS AND ANY OTHER TYPE OF UNSOLICITED EMAIL ADVERTISING. IF A CUSTOMER IS IN VIOLATION OF VIPDOMAINE’S ANTI-SPAM POLICY, VIPDOMAINE RESERVES THE RIGHT TO PURSUE A CIVIL REMEDIES TO RECOVER ANY COSTS ASSOCIATED WITH THE INVESTIGATION OF A SUBSTANTIATED POLICY VIOLATION. VIPDOMAINE WILL NOTIFY LAW ENFORCEMENT AUTHORITIES IF THE INFRINGEMENT IS CONSIDERED AS A CRIMINAL OFFENSE. THE CUSTOMER RECOGNIZES THAT HE/SHE IS RESPONSIBLE FOR ANY SPAMMING ACTION PERFORMED FROM HIS ACCOUNT.

SENDING UNSOLICITED E-MAILS, INCLUDING, WITHOUT LIMITATION, COMMERCIAL ADVERTISING AND INFORMATIONAL ANNOUNCEMENTS IS EXPLICITLY PROHIBITED EVEN IF THE LISTS ARE SAID TO BE OPT-IN.

THE CUSTOMER WILL NOT USE ANOTHER WEBSITE’S MAIL SERVER TO TRANSMIT E-MAILS WITHOUT THE EXPRESS PERMISSION OF THE WEBSITE.

IT IS STRICTLY FORBIDDEN TO SEND UNSOLICITED E-MAILS FROM ANY OTHER NETWORK THAT ADVERTISES, PROMOTES OR IN ANY WAY POINTS TO A LOCATION INSIDE THE VIPDOMAINE NETWORK.


FREQUENT ATTACK TARGETS SERVICES (IRC NETWORKS, CAMFROG, ETC.)

IT IS ABSOLUTELY PROHIBITED TO HOST AN IRC SERVER THAT IS PART OF OR CONNECTED TO ANOTHER IRC NETWORK OR SERVER. SERVERS CONNECTED TO OR PART OF THESE NETWORKS WILL BE IMMEDIATELY REMOVED FROM OUR NETWORK WITHOUT NOTICE. THE SERVER WILL NOT BE RECONNECTED TO THE NETWORK UNTIL YOU AGREE TO COMPLETELY REMOVE ANY AND ALL MARKS OF THE IRC SERVER, AND ALLOW US TO ACCESS TO YOUR SERVER TO CONFIRM THAT THE CONTENT IS COMPLETELY REMOVED. IT IS ALSO PROHIBITED TO HOST CAMFROG SERVERS OR ANY OTHER SERVER THAT ARE FREQUENT TARGETS OF DENIAL OF SERVICE ATTACKS OR OTHER TYPES OF ATTACKS. ANY SERVER GUILTY OF A SECOND VIOLATION WILL RESULT IN IMMEDIATE ACCOUNT TERMINATION.


ADULT CONTENT


VIPDOMAINE SERVER AND VPS

LEGAL ADULT CONTENT MUST BE PUBLISHED IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS.


VIPDOMAINE SHARED HOSTING

IT IS STRICTLY FORBIDDEN TO PUBLISH ADULT CONTENT ON SHARED HOSTING ACCOUNTS. THE RESTRICTION APPLIES WITHOUT LIMITATION TO IMAGES AND VIDEOS.


SYSTEM AND NETWORK SECURITY

CUSTOMER IS NOT ALLOWED TO USE THE SERVICES TO COMPROMISE THE SECURITY OR TO MODIFY SYSTEM RESOURCES OR ACCOUNTS, ON COMPUTERS AT THE PREMISES OR AT ANY THIRD PARTY SITE.

PROHIBITED ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO :

THREATENING HARM TO PERSONS OR PROPERTY OR OTHERWISE HARASSING BEHAVIOR.

USE OR DISTRIBUTION OF TOOLS DESIGNED FOR COMPROMISING SECURITY.

UNAUTHORIZED ACCESS TO OR USE OF DATA, SYSTEMS OR NETWORKS, INCLUDING ANY ATTEMPT TO PROBE, SCAN OR TEST THE VULNERABILITY OF A SYSTEM OR NETWORK OR TO BREACH SECURITY OR AUTHENTICATION MEASURES WITHOUT EXPRESS AUTHORIZATION OF THE SYSTEM OR NETWORK OWNER.

UNAUTHORIZED MONITORING OF DATA OR TRAFFIC ON ANY NETWORK OR SYSTEM WITHOUT EXPRESS AUTHORIZATION OF THE SYSTEM OR NETWORK OWNER.

DELIBERATE ATTEMPTS TO OVERLOAD A SYSTEM AND BROADCAST ATTACKS.

FORGING OF ANY TCP-IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN AN EMAIL OR A NEWSGROUP POSTING.

INTENTIONALLY OR NEGLIGENTLY TRANSMITTING FILES CONTAINING COMPUTER VIRUS OR CORRUPTED DATA.


RESOURCE USAGE

VIPDOMAINE SHARED HOSTING

ON SHARED HOSTING ACCOUNTS, IT IS STRICTLY FORBIDDEN TO MAKE YOUR ACCOUNT RESOURCES ACCESSIBLE (WHETHER FOR FREE OR PAY) TO THE GENERAL PUBLIC. WITHOUT LIMITATION, THIS APPLIES TO USAGE OF AN ACCOUNT TO PROVIDE ONLINE PUBLIC SERVICES SUCH AS STATISTICS, IMAGE HOSTING, FREE WEB HOSTING OR ANY OTHER SIMILAR SERVICE. AT ANY TIME, ALL SHARED HOSTING ACCOUNTS MUST USE AN ACCEPTABLE LEVEL OF RESOURCES AND STAY BELOW 2% OF THE TOTAL SYSTEM RESOURCES. EACH ACCOUNT HAS A NUMBER OF INODES SET AT TWENTY THOUSAND (20 000).


VIOLATION

VIPDOMAINE IN ITS SOLE DISCRETION, WILL DETERMINE WHAT ACTION WILL BE TAKEN IN RESPONSE TO A VIOLATION OF THIS ACCEPTABLE USE POLICY ON A CASE-BY-CASE BASIS. ANY VIOLATION OF THIS POLICY COULD ALSO SUBJECT THE CUSTOMER TO CRIMINAL PROSECUTION OR CIVIL LIABILITY. VIPDOMAINE MAY BLOCK ACCESS AT THE ROUTER LEVEL TO THE CUSTOMER’S EQUIPMENT INVOLVED. IF VIPDOMAINE BELIEVES, IN ITS SOLE DISCRETION THAT A VIOLATION OF THIS POLICY HAS OCCURRED SUCH ACTION MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, TEMPORARY OR PERMANENT BLOCKING OF ACCESS TO CUSTOMER’S EQUIPMENT OR DATA, AND THE SUSPENSION OR TERMINATION OF SERVICES.

VIPDOMAINE MAY INVOLVE AND WILL ALSO FULLY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN INVESTIGATING SUSPECTED LAWBREAKERS. VIPDOMAINE AND ITS AFFILIATES ARE NOT REQUIRED TO PROVIDE WARNINGS UNDER ANY CIRCUMSTANCES AND CAN TERMINATE THE CUSTOMER’S ACCOUNT WITHOUT PRIOR NOTICE IF THE CUSTOMER VIOLATES THIS POLICY.


INTERNET CONNECTIVITY SERVICES

VIPDOMAINE IS COMMITTED TO PROVIDING THE CUSTOMER INTERNET CONNECTIVITY SERVICES, IP ADDRESSES AND INTERNET TRAFFIC AS SPECIFIED IN THE SERVICE ORDER.

IN THE CASE OF SERVERS CONNECTED ON HIGH-QUALITY NETWORK, THE BANDWIDTH CAN BE USED AT FULL CAPACITY ON MULTIPLE SERVERS SIMULTANEOUSLY TO EXCEED 500MBITS.


VIPDOMAINE HOSTING

THE CUSTOMER AGREES TO USE BANDWIDTH AS DESCRIBED IN THE ACCEPTABLE USE POLICY.


VIPDOMAINE SERVER AND VPS

THE CUSTOMER AGREES TO USE THE BANDWIDTH AS DESCRIBED IN THE ACCEPTABLE USAGE POLICY AND TO PAY THE FULL BANDWIDTH USED BY ITS SERVERS BEYOND THE ALLOWANCE INCLUDED WITH THE SERVICE AND CALCULATED FROM THE ACCESS PORT ASSIGNED TO THE CUSTOMER ACCORDING TO THE PRICE MENTIONED ON THE SERVICE ORDER.


IP ADDRESSES

ANY IP ADDRESS ASSIGNED TO THE CUSTOMER BY VIPDOMAINE MUST BE EFFICIENTLY MAINTAINED BY THE CUSTOMER AND IN ACCORDANCE WITH ARIN STANDARDS. IT MUST BE ALSO USED UP AT 80% WITHIN THIRTY (30) DAYS, FROM ITS ASSIGNMENT TO THE CLIENT BY VIPDOMAINE. SUBSEQUENTLY, THE CUSTOMER MAY OBTAIN UP TO FIVE (5) ADDITIONNAL IP ADDRESSES IF THE NEEDS ARE JUSTIFIED. VIPDOMAINE RESERVES THE RIGHT TO EVALUATE THE RELEVANCE OF ADDITIONNAL IP ADDRESS REQUESTS FOR WHICH COSTS MAY APPLY ACCORDING TO THE APPLICABLE RATES. VIPDOMAINE ALWAYS RETAINS CONTROL AND OWNERSHIP OF THE IP ADDRESSES ASSIGNED TO THE CUSTOMER AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE OR DELETE THE ASSIGNED IP ADDRESSES.


OTHER SERVICES

UPON REQUEST BY THE CUSTOMER, VIPDOMAINE MAY, IN ITS SOLE DISCRETION, PROVIDE CUSTOMERS WITH TECHNICAL OR NON-TECHNICAL SUPPORT SUCH AS SYSTEM REBOOTS, TROUBLESHOOTING, SCRIPT OPERATION AND PROGRAMMING DIAGNOSIS, DNS AND OTHER SUPPORT, IN CONNECTION WITH CUSTOMER’S USE OF THE CUSTOMER SPACE AND BANDWIDTH SERVICES. UNLESS THE PARTIES HAVE AGREED OTHERWISE, THE CUSTOMER AGREES TO PAY THE HOURLY RATE OF 50$ PER HOUR CHARGED BY BLOCKS OF AT LEAST 30 MINUTES EACH.


VIPDOMAINE SERVER AND HOSTING

VIPDOMAINE IS RESPONSIBLE AND THE SOLE OWNER OF THE EQUIPMENT USED BY THE CUSTOMER. THE CUSTOMER HAS NO RIGHTS ON THE EQUIPMENT. THE ACCESS TO THE EQUIPMENT IS STRICTLY PROHIBITED. PHYSICAL ACCESS TO THE DATA CENTER IS AUTHORIZED ON BUSINESS HOURS UPON PREVIOUS NOTIFICATION FROM THE CUSTOMER AND UNDER THE SUPERVISION OF VIPDOMAINE STAFF. UNDER NO CIRCUMSTANCES SHALL THE CUSTOMER BE AUTHORIZED TO MODIFY THE EQUIPMENT.


IMMEDIATE THREAT

IF IN THE DETERMINATION OF VIPDOMAINE, ACTING REASONABLY, THE EQUIPMENT, SOFTWARE OR HOSTED APPLICATIONS USED BY THE CUSTOMER POSES AN IMMEDIATE THREAT TO THE INTEGRITY OR PERFORMANCE OF THE EQUIPEMENT OR NETWORK OR ANY OTHER SERVICE USER, OR POSES AN IMMEDIATE THREAT TO THE SAFETY OF ANY PERSON, THEN VIPDOMAINE MAY PERFORM SUCH WORK AND TAKE SUCH ACTIONS, THAT IT MAY CONSIDER NECESSARY, WITHOUT PRIOR NOTICE TO THE CUSTOMER AND WITHOUT LIABILITY FOR DAMAGE TO THE EQUIPMENT OR ANY INTERRUPTION OF THE CUSTOMER’S (OR ITS CUSTOMERS) BUSINESSES.


RELOCATION

THE CUSTOMER WILL, UPON EMAIL REQUEST FROM VIPDOMAINE RELOCATE HIS WEBSITE OR HIS SERVER(S) TO THE OTHER SPACE OFFERED BY VIPDOMAINE AND WITHIN THIRTY (30) DAYS OF SUCH REQUEST.


INSURANCE

THE CUSTOMER AGREES NOT TO HOLD VIPDOMAINE RESPONSIBLE AND INDEMNIFY HIM AGAINST ANY CLAIM, LIABILITY, INJURY, DEATH OR ANY MATERIAL DAMAGE THAT MAY RESULT FROM THE USE AND/OR OCCUPANCY OF THE WEB HOSTING SPACE BY THE CUSTOMER.

IN NO EVENT SHALL VIPDOMAINE BE LIABLE FOR ANY LOSS, THEFT, DISAPPEARANCE, DAMAGE, OR DESTRUCTION OF ANY PERSONAL PROPERTY, INCLUDING DATA CUSTOMER REGISTERED OR PLACED BY IT IN THE HOSTING SPACE OR THE SURROUNDING PROPERTY REGARDLESS OF THE CAUSE.

UNDER NO CIRCUMSTANCES WILL VIPDOMAINE BE REQUIRED TO PROVIDE INSURANCE COVERING THE EQUIPMENT OWNED OR THE DATA HOSTED BY THE CUSTOMER.


CUSTOMER IN DEFAULT

IF THE CUSTOMER IS IN DEFAULT RELATING TO ANY OF THE OBLIGATIONS UNDER THIS AGREEMENT, VIPDOMAINE MAY AT ITS OPTION TAKE EITHER IF NOT ALL THE FOLLOWING MEASURES : (I) SUSPEND ACCESS TO THE CUSTOMER'S SPACE, WITHOUT PRIOR NOTICE (II) IF THE CUSTOMER IS IN DEFAULT DUE TO NON-PAYMENT OF ANY AMOUNT, VIPDOMAINE MAY EXERCISE ALL RIGHTS AND REMEDIES OF A SECURED PARTY UNDER THE APPLICABLE LAWS, INCLUDING AND WITHOUT LIMITATION WITH THE MINIMUM NOTICE (IF ANY) REQUIRED BY LAW. VIPDOMAINE MAY SEIZE THE EQUIPMENT AND SELL IT TO THIRD PARTIES TO SETTLE ANY DEBT OWED BY THE CUSTOMER AND ALL COSTS (INCLUDING REASONABLE FEES) INCURRED BY VIPDOMAINE IN EXERCISING ANY REMEDY UNDER THIS AGREEMENT.


BILLING METHOD

UNLESS OTHERWISE ADVISED BY THE CLIENT, THE BILLING TRANSACTIONS OF VIPDOMAINE SERVICES ARE SENT BY E-MAIL. THE FIRST INVOICE MUST BE PAID PRIOR TO THE OPENING OF THE ACCOUNT. THE FOLLOWING INVOICES MUST BE PAID IN FULL A MAXIMUM OF FIFTEEN (15) DAYS AFTER RECEIPT OF THE INVOICE.

IF THE CREDIT CARD PROVIDED IS NO LONGER VALID, THE CUSTOMER MUST REPLACE IT WITHIN 30 DAYS AFTER THE NOTICE SENT BY VIPDOMAINE ; OTHERWISE VIPDOMAINE SHALL BE ENTITLED TO SUSPEND THE SERVICES PROVIDED UNTIL THE RECEIPT OF THE REQUESTED CREDIT CARD INFORMATION.


PAYMENT

ALL MONTHLY RECURRING FEES ARE PAYABLE IN ADVANCE, DEPENDING ON THE TERM SELECTED BY THE CLIENT (MONTHLY, QUARTERLY, SEMI-ANNUALLY, ANNUALLY). THE PAYMENT OF THE FIRST MONTH OF SERVICE, AS SPECIFIED IN THE SERVICE ORDER, MUST BE PAID BY THE CUSTOMER TO VIPDOMAINE AT THE OPENING OF THE ACCOUNT. ALL AMOUNTS MUST BE PAID IN EURO (€) OR DOLLARS ($US OU $CA) WITHIN THIRTY (30) DAYS PRECEDING THE DATE MENTIONED ON THE INVOICES WHICH ARE ISSUED 15 DAYS BEFORE THE END OF THE LAST PAID PERIOD. ANY PAYMENT NOT MADE WHEN DUE WILL BE SUBJECT TO INTEREST OF TWO PERCENT (2%) PER MONTH COMPOUNDED MONTHLY (EQUIVALENT TO A YEARLY INTEREST RATE OF 26.86%). BOUNCED CHECKS ARE SUBJECT TO A PENALTY FEES OF 20$.


AUTOMATIC DEBITS BY CREDIT CARD

IN CASE OF PAYMENTS BY CREDIT CARD, VIPDOMAINE WILL USE THE INFORMATION IN ITS POSSESSION TO MAKE THE PAYMENT ON THE BILLING DATE. THE CUSTOMER WILL NOT RECEIVE ANY PREVIOUS NOTICE OF PAYMENTBUT WILL RECEIVE A NOTICE AFTER EVERY DEBIT ON THE CREDIT CARD. WHENEVER THE CUSTOMER WANTS TO DISABLE THE AUTOMATIC DEBIT, HE ONLY NEEDS TO CONTACT THE CUSTOMER SERVICE VIA ITS CUSTOMER HUB BY SELECTING THE FINANCE SECTION THEN THE "CONTACT BILLING". IF THE CUSTOMER WANTS TO RE-ENABLE THE AUTOMATIC DEBIT, HE SHOULD MARK THE BOX "AUTOMATIC DEBIT" IN HIS MANUEL PAYMENT FORM. BY SUBMITTING A FIRST PAYMENT OR RE-ACTIVATING THE AUTOMATIC DEBIT OPTION, THE CUSTOMER AGREES THAT HE HAS READ AND ACCEPTED THE CONDITIONS RELATED TO THE AUTOMATIC DEBIT. IN ADDITION, THE CUSTOMER ALLOWS VIPDOMAINE TO DEBIT THE AMOUNT OF THE UNPAID BALANCE FROM THE CREDIT CARD USED. THE CUSTOMER ALSO AUTHORIZES HIS FINANCIAL INSTITUTION ISSUING HIS CREDIT CARD TO CHARGE HIS ACCOUNT FOR THE AMOUNTS RELATED TO THE VIPDOMAINE SERVICES. THIS AUTHORIZATION WILL BE VALID UNTIL AN AUTHORIZED PERSON ON THE ACCOUNT PERSON ON THE ACCOUNT ASKS TO SUSPEND THE AUTOMATIC DEBIT.


VIPDOMAINE HOSTING

THE CUSTOMER WILL PAY BY PRE-AUTHORIZED PAYMENT TO A CUSTOMER CREDIT CARD, OR BY CHECK OF IMMEDIATELY AVAILABLE FUNDS REMITTED TO VIPDOMAINE AT THE ADDRESS MENTIONED AT THE BEGINNING OF THIS DOCUMENT. PAYMENT BY CHECK MUST BE MADE FOR A MINIMUM PERIOD OF 3 MONTHS.


VIPDOMAINE SERVER AND VPS

THE CUSTOMER WILL PAY BY PRE-AUTHORIZED PAYMENT RELATED TO A CREDIT CARD, BY WIRE TRANSFER OR BY CHECK OF IMMEDIATELY AVAILABLE FUNDS REMITTED TO VIPDOMAINE AT THE ADDRESS MENTIONED AT THE BEGINNING OF THIS DOCUMENT. PAYMENT BY CHECK OR BY WIRE TRANSFER MUST BE MADE FOR A MINIMUM PERIOD OF 3 MONTHS.


PAYMENT FAILURE

SERVICES WILL BE INTERRUPTED ON PAST DUE ACCOUNTS AFTER A 48 HOURS NOTIFICATION. IN CASE WHERE THE PAYMENT IS NOT MADE WITHIN THE PRESCRIBED TIME LIMIT, THE ACCOUNT WILL BE TEMPORARILY SUSPENDED FOR NON-PAYMENT. IN SHARED HOSTING, THIS SUSPENSION WILL BE EFFECTED BY DISABLING FTP ACCESS AND MODIFYING THE HOME PAGE. IN DEDICATED HOSTING AND VPS, THE SUSPENSION WILL BE PERFORMED BY THE DISCONNECTION OF THE NETWORK. A CHARGE OF $25 WILL BE REQUIRED TO REACTIVATE THE ACCOUNT IN ADDITION TO THE TOTAL PAYMENT OF OVERDUE INVOICES, REGARDLESS OF THE SERVICE’S TYPE.


CHANGES IN FEES PAYABLE

UPON NOTICE OF AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE TERM, VIPDOMAINE MAY CHANGE THE FEES PAYABLE UNDER THIS AGREEMENT. THE CUSTOMER AGREES TO PAY ALL TAXES IMPOSED IN TERMS OF THE SERVICES INCLUDED IN THE SERVICE ORDER (AS CHANGED FROM TIME TO TIME BY THE PARTIES) OR IN RESPECT OF THE OTHER SERVICES PROVIDED BY VIPDOMAINE, WHERE APPLICABLE UNDER THIS CONVENTION.


CANCELLATION OR NON-RENEWAL OF THE AGREEMENT

THE AGREEMENT IS AUTOMATICALLY RENEWED AT THE END OF EACH PAYMENT PERIOD (OR, IN THE CASE OF CLOUD SERVERS ; FROM THE DATE WHEN THE CLOUD SERVER IS SUPPLIED AND AVAILABLE). EITHER PARTY MAY END THIS AGREEMENT ON THE MONTHLY ANNIVERSARY DATE OF THE PRODUCT (AN ACCOUNT ANNIVERSARY DATE CORRESPONDS TO THE DAY OF THE MONTH AT WHICH AN ACCOUNT WAS OPENED). FOR EXAMPLE, IF THE OPENING DATE OF YOUR ACCOUNT IS SEPTEMBER 8TH, THE REQUESTED CHANGES CAN BE MADE ON THE 8TH OF EACH MONTH OR AFTER THE END OF THE COMMITMENT PERIOD INDICATED ON THE SERVICE ORDER (CLOUD SERVERS PROVIDED ON TIME ARE CHARGED FOR A MINIMUM PERIOD OF ONE (1) HOUR), (I) WITHOUT CAUSE, SUBJECT TO A NOTICE OF 48 HOURS BEFORE THE MONTHLY ANNIVERSARY DATE IN WRITING TO THE OTHER PARTY; OR (II) IF THE OTHER PARTY (X) IS IN DEFAULT WITH RESPECT TO AN IMPORTANT ELEMENT OF THE PRESENT (WHICH, IN THE CASE OF THE CUSTOMER, WILL INCLUDE ANY FAILURE TO MAKE ANY PAYMENT WHEN DUE) AND FAILS TO RECTIFY SUCH DEFAULT WITHIN A REASONABLE TIME AFTER BEING GIVEN NOTICE OF SUCH DEFAULT BY THE OTHER PARTY; OR (Y) BECOMES THE SUBJECT OF ANY VOLUNTARY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAWS, OR BECOMES THE SUBJECT OF ANY INVOLUNTARY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAWS WHICH ARE NOT DISMISSED OR WITHDRAWN WITHIN 60 DAYS AFTER FILING.

CANCELLATION REQUEST MUST BE ACCOMPANIED BY THE SIGNATURE OF THE CLIENT, UNLESS THIS REQUEST IS MADE VIA THE CONTROL PANEL "CLIENT HUB" AVAILABLE ONLINE ON THE WEBSITE VIPDOMAINE.COM. THIS REQUEST CAN BE SENT BY THE POST OFFICE AT THE FOLLOWING ADDRESS : VIPDOMAINE, 8475 NW 66 STREET 2000 33166-2626 MIAMI-USA. THE ACCOUNT CLOSURE NOTICE MUST CONTAIN THE DOMAIN NAME TO BE CANCELLED OR THE SERVER IDENTIFIER, THE CLIENT'S NAME, THE CLIENT'S SIGNATURE, AND THE REASON FOR THE ACCOUNT CLOSURE.


CHANGES TO ACCOUNT OR SERVICE ORDER

ANY CHANGE TO THE SERVICE ORDER OR TO THE ACCOUNT, SIGNIFYING AN INCREASE IN THE AMOUNT PAID BY THE CUSTOMER, MAY BE MADE AT ANY TIME, UPON REQUEST. ANY CHANGES TO THE SERVICE ORDER OR TO THE ACCOUNT SIGNIFYING A DECREASE IN THE AMOUNT PAID BY THE CUSTOMER, MAY BE MADE ONLY AFTER THE END OF THE COMMITMENT PERIOD INDICATED ON THE SERVICE ORDER OR, WHERE THERE IS NO COMMITMENT IN PROGRESS, ONLY FROM THE NEXT MONTHLY ANNIVERSARY DATE OF THE PRODUCT.


REFUND POLICY

AMOUNTS PAID IN ADVANCE CAN NOT BE REFUNDED AFTER THE SATISFACTION GUARANTEE ENDS 30 DAYS AFTER THE DELIVERY DATE OF THE SERVICE. HOWEVER, ON THE MONTHLY ANNIVERSARY DATE OF THE PRODUCT CONCERNED AND AFTER THE END OF THE COMMITMENT PERIOD INDICATED ON THE SERVICE ORDER, A CREDIT EQUIVALENT TO THE PREPAID SUMS MAY BE APPLIED TO THE CUSTOMER'S ACCOUNT FOR THE PURCHASE OF OTHER PRODUCTS OR SERVICES SOLD BY VIPDOMAINE.

BILLING ERRORS MAY BE CREDITED FOR A MAXIMUM RETROACTIVE PERIOD OF TWO (2) MONTHS.


PAYMENT OBLIGATION

THE CUSTOMER IS REQUIRED TO PAY HIS ACCOUNT EVEN IF HE/SHE IS NOT MAKING ANY USE OF IT. FROM THE OPENING OF AN ACCOUNT, VIPDOMAINE ALLOCATES AND RESERVES A SPACE FOR WEB HOSTING, RESOURCES AND MATERIALS DEPENDING ON THE CUSTOMER NEEDS. THE CUSTOMER HAS THE OPPORTUNITY TO USE HIS ACCOUNT WHEN HE WANTS, UPON ASSIGNMENT.


SATISFACTION GUARANTEE

THE CUSTOMER HAS 30 DAYS AFTER THE ACCOUNT OPENING DATE TO CANCEL IT WITH REFUND. SOME RESTRICTIONS MAY APPLY. THE CONDITIONS OF SATISFACTION GUARANTEE ARE STATED ON THE WEBSITE OF VIPDOMAINE.


NETWORK UPTIME GUARANTEE

VIPDOMAINE ENSURES 100% NETWORK AVAILABILITY. SOME RESTRICTIONS MAY APPLY. THE EXACT CONDITIONS OF THE NETWORK AVAILABILITY GUARANTEE ARE ALWAYS AVAILABLE ON THE WEBSITE OF VIPDOMAINE.


POWER SUPPLY AVAILABILITY GUARANTEE

VIPDOMAINE GUARANTEES 100% POWER SUPPLY AVAILABILITY OF ITS DATA CENTER. SOME RESTRICTIONS MAY APPLY. THE EXACT CONDITIONS OF THE GUARANTEE OF AVAILABILITY OF THE POWER SUPPLY ARE ALWAYS AVAILABLE ON THE SITE OF VIPDOMAINE.


GUARANTEED HARDWARE REPLACEMENT

VIPDOMAINE GUARANTEES THE HARDWARE REPLACEMENT OF DEDICATED SERVERS WITHIN 4 HOURS. SOME RESTRICTIONS MAY APPLY. THE EXACT CONDITIONS OF THE MATERIAL REPLACEMENT WARRANTY ARE AVAILABLE ON THE WEBSITE OF VIPDOMAINE.


LIMITED LIABILITY

THE CUSTOMER RECOGNIZES THAT VIPDOMAINE ALLOWS OTHER USERS TO INSTALL THEIR WEBSITES AND SERVERS IN ITS FACILITIES. VIPDOMAINE SHALL NOT BE LIABLE FOR ANY DAMAGES, EXPENSES OR LOSSES CAUSED TO THE CUSTOMER (OR CLIENTS OF THEREOF) DUE TO ANY ACT OR MATERIAL OF ANOTHER SERVICE OWNER OR THE FAILURE TO ACT ON BEHALF OF ANOTHER SERVICE OWNER. CONTRACTUAL,  RESPONSIBILITY,TELECOMMUNICATIONS  (INCLUDING NEGLIGENCE), LEGAL OR OTHERWISE LIABILITY OF VIPDOMAINE TO THE CUSTOMER (OR CLIENTS OF THEREOF) IN RESPECT OF THE EXECUTION OR NON-EXECUTION, AS THE CASE MAY BE, OF ANY OBLIGATION ARISING UNDER THIS CONVENTION, IN RESPECT OF ANY CLAIM, WHICH SHALL BE LIMITED AND SHALL NOT IN ANY WAY EXCEED ALL OF THE COSTS PAID BY THE CUSTOMER TO VIPDOMAINE UNDER THIS CONVENTION, DURING THE PERIOD OF THREE (3) MONTHS PRECEDING IMMEDIATELY THE DATE ON WHICH SUCH A CLAIM AROSE. VIPDOMAINE SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES.


FORCE MAJEURE

NEITHER PARTY SHALL BE LIABLE FOR ANY DELAY, INTERRUPTION OR NON-EXECUTION OF ANY OF ITS OBLIGATIONS, DUE TO A FORTUITOUS EVENT, A DECLARED WAR, A TERRORIST ATTACK, A FIRE, A THUNDERSTORM, A FAILURE OF PROLONGED ELECTRICITY, A LANDSLIDE, AN EARTHQUAKE, A COMPUTER ATTACK, A COMPUTER VIRUS OR ANY OTHER EVENT OF THE SAME NATURE IN RESPECT OF WHICH THE AFFECTED PARTY HAS NO CONTROL ("FORCE MAJEURE "). IN THE EVENT OF FORCE MAJEURE, THE PARTY RELYING ON FORCE MAJEURE MUST NOTIFY THE OTHER PARTY AS SOON AS POSSIBLE. THE FORCE MAJEURE PARTY UNDERTAKES TO DEVOTE ALL REASONABLE COMMERCIAL EFFORTS TO ENDING OR REMEDYING THE FORCE MAJEURE IMPACT. HOWEVER, THIS ARTICLE CANNOT BE INVOKED TO EXCUSE THE FAILURE TO MAKE A PAYMENT AT MATURITY.


VIPDOMAINE HOSTING

VIPDOMAINE WILL MAKE ALL POSSIBLE EFFORTS TO PROVIDE A BACKUP MECHANISM AND KEEP COMPLETE BACKUP COPIES OF ALL SHARED HOSTING SOLUTIONS. HOWEVER, THE CUSTOMER MUST KEEP A PERSONAL BACKUP COPY OF ITS SOFTWARE, WEBSITES, DATABASES AND ALL HOSTED CONTENT. IN NO EVENT SHALL VIPDOMAINE BE LIABLE FOR ANY DAMAGES RESULTING FROM THE LOSS OF DATA.


VIPDOMAINE SERVER AND VPS

AS AN UPGRADE SERVICE INVOLVING A MONTHLY FEE, VIPDOMAINE MAY PROVIDE A BACKUP SERVICE FOR VPS AND DEDICATED SERVERS CUSTOMERS, UPON REQUEST. CUSTOMERS INTERESTED IN THESE SERVICES MUST REQUEST IT USING THE APPROPRIATE FORM, AVAILABLE ONLINE.


RESELLING

IN THE NORMAL COURSE OF HIS BUSINESS, THE CUSTOMER MAY RESELL THE SERVICES TO HIS CUSTOMERS FOR THEIR OWN USE, UNDER ALL THE TERMS AND CONDITIONS SET FORTH IN THIS CONVENTION. THE CUSTOMER CAN ACT AS SOLE POINT OF CONTACT WITH REGARD TO THESE CUSTOMERS AND VIPDOMAINE. THE CUSTOMER REMAINS RESPONSIBLE FOR ALL FEES AND OTHER COSTS REQUIRED UNDER THIS AGREEMENT. ANY ACT OR OMISSION OF ANY SUCH CUSTOMER THAT WOULD BE A BREACH OF THIS AGREEMENT, IF COMMITTED BY THE CUSTOMER, WILL BE DEEMED A BREACH OF THIS AGREEMENT BY THE CUSTOMER. THE CUSTOMER AGREES TO DEFEND AND INDEMNIFY VIPDOMAINE, ITS OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY CALLED THE INDEMNIFIED) OF ANY DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES, ARISING OR OCCURING DUE TO (I) ANY ACT OR OMISSION BY SUCH A CUSTOMER WHICH CONSTITUTES A CONTRAVENTION TO THIS CONVENTION OR OTHERWISE OF THE EXECUTION OR NON-EXECUTION OF A PARTY HAVING ANY RELEVANCE TO THIS AGREEMENT.


OWNERSHIP AND COPYRIGHT

THE CLIENT REPRESENTS AND WARRANTS THAT HE/SHE IS EITHER THE OWNER OF THE CONTENT IT HOSTS, OR THAT HE/SHE HOLDS ALL NECESSARY RIGHTS IN RESPECT OF SUCH CONTENT ON BEHALF OF ANOTHER ENTITY. 


ENTIRE AGREEMENT

THIS AGREEMENT, INCLUDING POLICIES AND DOCUMENTS INCORPORATED BY REFERENCE, SUPERSEDES ALL PRIOR DISCUSSIONS, NEGOTIATIONS AND AGREEMENTS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. VIPDOMAINE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR LEGAL AS TO THE MERCHANTABILITY, DURABILITY OR RELEVANCE FOR THE USE TO WHICH THE GOODS OR SERVICES CONCERNED WOULD BE INTENDED, OR IN RESPECT OF THEIR PROPERTY OR OTHERWISE, OR IN RESPECT OF ANY OTHER GUARANTEE OR CONDITION EMANATING FROM A LAW OR RIGHT, OR IN THE COURSE OF TRANSACTIONS OR COMMERCIAL USES.


SEVERABILITY AND PROVISION RECLAMATIONS

IF ANY PROVISION OR PORTION OF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD TO BE ILLEGAL, INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IT IS THE INTENTION OF THE PARTIES THAT THE REMAINING PROVISIONS OR PORTIONS (UNLESS OTHERWISE SPECIFIED) THEREOF SHALL CONSTITUTE THEIR AGREEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND ALL SUCH REMAINING PROVISIONS OR PORTIONS (UNLESS OTHERWISE SPECIFIED) THEREOF SHALL REMAIN IN FULL FORCE AND EFFECT.


APPLICABLE LAWS AND JURISDICTION

THIS CONTRACT IS GOVERNED BY THE LAWS OF THE UNITED STATES, QUEBEC AND CANADA ACCORDING TO THE LOCATION OF THE APPLICABLE SERVICES AND POLICY. THE PARTIES IRREVOCABLY SUBMIT THE DISPUTES ARISING FROM THIS CONTRACT TO THE AMERICAN COURTS.


VIPDOMAINE COPYRIGHT

VIPDOMAINE RESERVES THE RIGHT TO MODIFY THESE POLICIES AT ANY TIME. VIPDOMAINE RESERVES ALL RIGHTS NOT EXPRESSLY CONFERRED HEREUNDER.



signature

 

 

Need help? Chat with a counselor or call +33 970 444 405 *Non-Premium Call

¹ Prices exclude applicable taxes and ICANN fees. ² Promotional prices applicable for an order from 12/24/36 mois. ³ No renewal commitment.