In purchasing a product or service with us, you agree to be bound by the following terms and conditions of service. The term “you” refers to the user or client of Virtual3 or visitor to our website.
a. Prohibited Content
All services provided by Virtual3 and associated companies 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, City law or the laws of the United Kingdom (England, Wales or Northern Ireland) or the laws of the European Union, including all member states is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue / legislation.
Examples of prohibited material (including but not limited to):
a. Prohibited Content
In addition to clause 2(a) of this document, responsibility of content hosted on accounts under the control of a reseller is the responsibility of the reseller. In the first instance of prohibited content being detected on a reseller owned account, the individual account will be suspended, and the reseller notified for action to be completed (such as termination of the account). Further violations of clause 2(a) of this document will result in the suspension of the reseller and all accounts owned and controlled by the reseller.
b. Resource / Usage Limits
In addition to clause 2(b) of this document, resellers are allocated a set amount of resources that may be distributed as the reseller wishes. Overselling the resources of a reseller are not permitted, and accounts that seek to do so will be suspended at the discretion of Virtual3
While Virtual3 operates a backup system that creates backups every 12 hours and then stores them for 30 days, however, it should be noted that these backups are for administrative purposes. Virtual3 make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim Virtual3 for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Virtual3
a. Prohibited Content
Virtual3 does not actively monitor SHOUTcast stream contents, and all content broadcast is the sole responsibility of the client. Virtual3 do not provide any form of legal cover to individuals or companies who utilise our services to distribute content without appropriate copyright permissions. Under no circumstances will Virtual3 be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and their production entities. You may not use our services to distribute adult, racist or any other unsociable material.
b. Resource / Usage Limits
All live streaming purchased from Virtual3 is limited in bandwidth by a bitrate (measured in kbps). If a client chooses to stream above the purchased bitrate on an active server, Virtual3 reserves the right to suspend or further terminate your account without warning, refund or explanation.
Virtual3 will make every effort possible to ensure the security of client's data, however, due to the large volume of media stored, our standard costs do not include backup of data, please contact us if you would like to arrange this at an extra cost. All data is stored at the clients own risk, and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.
a. Prohibited Content
The responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 2(a) of this document after previous incidents will result in the immediate termination of the virtual machine.
b. Resource / Usage Limits
Devices are allocated with set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing. While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by Virtual3 for installation upon a guest are provided as-is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, Virtual3 will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device. While Virtual3 utilises KVM virtualization technology, abuse of a host node where such usage may be deemed as a cause of instability, will result in immediate suspension by a member of Virtual3 We reserve the right to suspend such abusive devices without warning or to implement traffic shaping or limiting upon an abusive device.
All Virtual3 virtualization products are self-managed and as such Virtual3 takes no responsibility for data stored on virtualized resources. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim Virtual3 for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Virtual3
Virtual3 provide the ability for electronic mail to be sent via their platform through all services (excluding SHOUTcast). In using our services, you hereby confirm that all electronic communications are opt-in, and that all solicited mailings comply with the terms of the CAN-SPAM Act of 2003 (and all amendments) and The Data Protection Act 1998, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments). Complaints regarding unsolicited electronic mail will be billed at a rate of £60 per abuse complaint received in relation to your use of this service up to a maximum of £1000 in any calendar month. Virtual3 reserve the right to withdraw access to SMTP services or implement rate limiting against any customer deemed to be in breach of these terms. In the event of a violation, Virtual3 will be the sole arbitrator as to the content in violation of Section 6 of this document.
Clients are expected to make payments through their chosen payment method on time. Invoices are generated seven (7) days before product renewal dates. Services held unpaid for two (2) days after the due date will be suspended. Hosting, Reseller, SHOUTcast and VPS services still in arrears will be terminated, with the loss of all data after a period of twenty (20) days. Invoices still in arrears after seven (7) days will be subject to a late fee of 10% of the total cost of the invoice.
In the event of a dispute regarding payment, you agree in the first instance to make contact with a representative of Virtual3 before making contact with your bank, credit card provider or other payment gateways (such as PayPal or Stripe). In the event of a dispute, this must be filed with Virtual3 within a period of one (1) month of the date of invoice generation. In using the services provided by Virtual3, you agree to these terms as described above. In the event a dispute is filed before all reasonable steps taken as described above, Virtual3 reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. Virtual3 also further reserve the right to proceed with further civil or criminal proceedings.
Movement of a product or service (including, but not limited to; shared, reseller, SHOUTcast, VPS or domains) to another client account is at the discretion of Virtual3 at the time of the request. We make no guarantees that we will move a product to another client account.
Virtual3 offers a 7-day money back guarantee to all new customers on the first product they purchase with us. If the product in question is not the client's first order, entitlement will be considered null, and a refund will only be granted at the discretion of the Virtual3 representative dealing with the issue. If a client has previously requested a refund within seven (7) days of prior ordering a product, they are required to wait 12 months before they may request another refund within the refund deadline on any products they order. In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null. Where a product contains any free bonus such as, but not restricted to; free domain registration, free SSL certificate, free IP address and the free bonus has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, the customer is only entitled to a refund if the development of this service has not begun, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user's actions, a refund will no longer be provided. All refunds are at the discretion of Virtual3, despite the refund policy declared here.
In the event of a client's account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of Virtual3, an administration charge of £20 per account will be invoiced for investigation of suitable restoration points. If the case may be that Virtual3 fails to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.
All opinions expressed by employees of Virtual3 on sites, services and other communication forms external to the official Virtual3 domains (including, but not limited to; virtual3.co.uk, virtual3.host and v3.network) are the opinion of the employee and may not reflect the opinion of Virtual3 or third party partners to Virtual3 Suspected breaches of this policy should be e-mailed to firstname.lastname@example.org.
Virtual3 shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Virtual3 may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL VIRTUAL3 OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF VIRTUAL3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL VIRTUAL3 OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL VIRTUAL3 OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY.