The use of services from Vplay Grafix constitutes agreement to these terms.
In this document: Vplay refers to Vplay Grafix, it's members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.
1) Support
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@vplay.co.za or by using the support center http://www.vplay.co.za/contactus/
We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.
2) Service abuse and spam policy
We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused.
This includes, but is not limited to the following:
Spamming
Sending unsolicited mail.
Providing file storage servicest.
Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
Scripting that utilises more than 20% of a server or node's memory, storage, processing resource, I/O at any one time.
Hosted services that cause the general performance of our servers or nodes to degrade.
Offensive conduct / content.
Illegal or other unacceptable content as outlined in 17)
Vplay will not allow spam to be generated from our machines - if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) Vplay will suspend the customers account until assured it will not continue. Repeat offenders will be irreversibly terminated.
Should you infringe this policy, you will be held liable for any costs incurred by Vplay.
3) Correspondence
Customers are required to have a valid email address on file at all times.
All communication from Vplay will be done via email. When we send an email, it is deemed that deliverey of the said email has reched the recipient.
If in the event that your email address on file does not work, you may use our support system at http://www.vplay.co.za/contactus
Where you can use your billing username and password to gain access to technical support.
4) Reselling of Services
Customers may resell all of our services.
Customers are directly responsible for all services they/we provide to their clients. Vplay will not support your end users directly. We are not liable to them or you for any damages they or you may suffer.
5) Contract Period
Unless otherwise stated the contract period is on a monthly bases, termination can occur at any point during the month, There is no cancellation notification period, hence cancellation will happen on the day of the request, provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by Vplay.
6) High resource use policy
Resources are defined as bandwidth, processor utilization, memory, or disk space.
Vplay may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available, Vplay reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Vplay continues hosting the website for an additional fee or the client may choose to upgrade to a (semi-)dedicated plan.
Uploads via scripting languages
We limit uploads made via scripting languages - including PHP, ASP and ASP.NET - to a maximum of 20 MB per file.
Cron jobs may have an interval of no less than 5 minutes.
7) Payment policies
All accounts are set up on a prepay basis. Although Vplay reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 1, 3, 6 or 12 months depending on the hosting plan you choose. Payment must be made on the date of the invoice. Customers will automatically be charged again at the end of their prepay period unless closure / cancellation notification has already been given via confirmed and acceptance via an email notification to us.
In addition, Vplay reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time the customer sends an accepted written cancellation request (refer to "Contract Period" above).
Should your account fall into arrears (over 30 days) we will suspend the accounts you have with us. A re-establishment fee of R79 will be charged to have your website(s) unsuspended once full payment has been made.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the purchase has been made.
All payments are in South African Rands.
Please note that whilst this is primarily used for billing purposes, Vplay reserves the right to email you information about enhancements to our systems and product offerings.
8) Domain registrations
The client is welcome to register domains by themselves and have them hosted with us.
If a domain is registered through us: we will be responsible for issuing an invoice for the registration and renewal of the domain. In the case of co.za domains, we invoice you for the domain, you are to pay us directly for this registration or renewal.
All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.
An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.
9) Accounts on servers
If an account is setup on a server, and the domain is not registered - we reserve the right to remove the account from a server within the dns cluster in order to set it up, should we get a request to do so by a client who is registering the domain through us. This would normally apply to new domain registrations; as our system won't allow us to setup accounts if the same domain name exists on another server within our dns cluster.
10) Payment options
Vplay currently runs the following payment methods.
EFT / Bank Transfers:
Cash
11) Money back - trial period
For customers opening their first account the initial 30 days are available on a money-back trial basis. For special promotions offered at discounted prices the trial period is limited to the initial 7 days.
Customers will not be entitled to this benefit if they have previously had an account with Vplay unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
12 ) Cancellation and refunds
Vplay reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Vplay' terms of service a refund will not be issued in the event of a cancellation.
Any abuse of our staff in any format or medium will result in the suspension or termination of your services.
Customers may cancel their account at any time provided that their account is fully paid up.
All account cancellations are processed within 48 Hours from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination.
Once an account is cancelled, all data pertaining to the account will be removed from our servers.
During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition some accounts incur set-up fees, these charges are also non-refundable.
14) Privacy Policy
We will not share your private ( personally-identifiable ) information with any third party unless required to do so by a member of law enforcement authorities, or to protect others.
We may need to give out your hosting login details to our 3rd level engineers at the respective data centers in order to support you further. Information send via email will be used to support you for billing and hosting support requests by the respective engineers.
15) Customer checks, Credit Bureau
We may check your credit history on the credit bureau by using services like Transunion or Experian. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.
16) Arbitration
If any issue needs to go to arbitration or legal assistance - this must be done within the city of Vplay's choice.
17) Indemnification
Vplay reserves the right to refuse service and/or access to its servers to anyone. Vplay reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.
Vplay does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Off-site backups.
Spam, Phishing and any such illegal activities.
Illegal content - according to South African or USA Federal, State or City law
Copyright media which you do not own the copyright to.
Account usage for backup purposes
Sites with banners, graphics or cgi's running from their domain being used on other domains.
Sites with immense graphic archives or galleries.
Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
Sites running large chat room gatherings.
Topsites
IRC Scripts and Bots of any kind unless it was explicitly permitted by HostForWeb, Inc management
Proxy scripts/anonymizers
Image hosting similar to Photobucket, Twitpic, Imageshack and others
AutoSurf/PTC/PTS/PPC sites
IP scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror similar to Rapidshare and others
Audio Streaming with more than one or two streams
Escrow, Bank Debentures, Bank Debenture Trading programs and sites
High-Yield Interest Programs (HYIP) or related sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
Prime Banks Programs
Lottery sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Fraudulent Sites of any kind
Mailer Pro hosting sites
Sale of any controlled substance without prior proof of appropriate permit(s)
Refusal of service is entirely at the unfettered discretion of Vplay.
Customer agrees that it shall defend, indemnify, save and hold Vplay harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against any of the afore mentioned, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vplay against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with Vplay; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Vplay.
18) Disclaimer
Vplay will not be responsible for any damages you or your business may suffer. Vplay makes no warranties of any kind, expressed or implied for services we provide. Vplay does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Vplay cannot guarantee to be able to replace lost data. Vplay disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any all service interruptions. Vplay reserves the right to revise its policies and terms and conditions at any time.
By signing up for any of our services you agree to be bound by all Vplay terms and conditions.
Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly.
