Terms of Use

Terms & Conditions

Revision date: 07/20/2015

Your continued use of our services indicates acceptance of these terms, conditions and policies.

All services provided by Website Velocity ("Website Velocity") 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 or city law 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 statute. The subscriber
agrees to indemnify and hold harmless Website Velocity from any claims resulting
from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content
that may be damaging to Website Velocity’s servers, or any other server on
the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • warez sites
  • gambling
  • violating copyright law
  • attempting without authorization to access a computer system
  • drug dealing
  • human trafficking
  • adult content
  • stalking or violating any other state or federal law
  • schemes to defraud
  • utilizing our services to transmit or display indecent content according to United States laws with intent to annoy, abuse, threaten or harass another person
  • any other violations of our Acceptable Use Policy

    NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
    MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
    ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
    AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, WEBSITE VELOCITY WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance.
We monitor all accounts and bill $1.00 for each gig of traffic exceeded.
This amount is not prorated, meaning that 1 mb – 1 gig will be treated
and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Website Velocity
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.

All sub-networks, distributive hosting sites and dedicated servers of
Website Velocity must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.

Billing Cycle and Late Payments
The Billing Cycle begins on the first day of the month following the day services are initially ordered, and runs from the first of a month to the first of the following month.

All payments must be made in US dollars. Payment for services may be made by business or personal checks, money orders, wire transfers or credit card payments. To pay your bill by credit card we utilize the services of PayPal. Our PayPal business account address is paypal@websitevelocity.com; please indicate invoice number when sending a payment. Please do not use this email account for correspondence.

Any account whose payment status is not current as of the start of the next billing period is deemed late. If payment is not received on or before the 7th day of the month following the invoice date, a twenty percent (20%) late payment fee will be added and no further updates will be performed until your account is paid in full. This late fee will accrue each month that your account is in arrears.  Note that we do not differentiate between hosting and other services in past due accounts; any payment received will be applied first to the past due amount and then to the current charges, regardless of whether you specify your payment to be “for hosting only” or similar.

If an invoice for any services associated with an account with Website Velocity is not paid within thirty (30) days after the date of the invoice, a "Notice of Impending Suspension" will be mailed out.

If no payment has been received within fourty-five (45) days following date of invoice, the account will be suspended and all access to your files and site will be shut off. This means that your website will not be visible on the Internet, your email will no longer function, nor will you be able to access your website via FTP.  To have your account unsuspended due to a non-payment, a twenty five dollar ($25.00) service charge will apply in addition to the amount past due.

We must assume that if an account has been allowed to become over ninety (90) days late, it is the customer’s intent to discontinue utilizing our services and terminate the account. Accounts that remain unpaid for ninety (90) days following date of invoice are subject to removal from the server. To have your site reloaded onto the server after being removed for nonpayment, a nonrefundable one hundred fifty US dollar ($150.00) reactivation fee must be received in addition to the full amount previously due.

If your non-payment results in termination, your data will be deleted and no longer retrievable. You hereby acknowledge that this is Website Velocity’s policy when it comes to data retention, and waive all rights in and to your data in these situations.

In the event that a client has been allowed to accumulate a debt beyond the due date of a payment and the client then makes a partial payment on any outstanding amount, such payment will be offset against the largest and/or oldest amount outstanding.

Uncollected past due accounts are subject to submission to a third-party collection agency. Client shall be liable for all fees associated with such collection actions. Accounts which have been placed with collections will be subject to the late payment fee as described above.

In the case of a disputed charge on an invoice, Client shall pay the undisputed amount and provide a letter of dispute describing why they feel the total amount billed is in error. We will investigate and may amend the disputed invoice if such action appears to be warranted.

Website Velocity is not liable for any loss of profits, projected profits, or the loss of any other monetary or non-monetary benefits resulting from the use or termination of an account.

There is a twenty-five US dollar ($25) service charge for returned checks or credit card charge backs.

It is not our desire to put any of our clients out of business. If you are experiencing an unusual hardship and are finding it difficult to pay your amount due in full, please call for arrangements to avoid suspension/removal of your account. However, no leniency that we may show in terms of any of the above at any time, will in any way and under any circumstances constitute a waiver of any of our rights to enforce any and all of our terms and conditions at any time in the future.

Service Fees
Certain services carry a setup fee charged by Website Velocity to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Website Velocity and agrees to pay
any and all fees incurred by client. Because services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.

Hosting Fees
Hosting fees are charged in advance, and may be paid for monthly, quarterly, semi-annually, annually or multi-annually.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.

Limitation of Liability
Website Velocity shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Website Velocity’s servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Website Velocity shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Website Velocity’s servers. All
damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to info@websitevelocity.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.

Disclaimer
Website Velocity cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Website Velocity are resold. Thus, certain equipment,
routing, software and programming used by Website Velocity are not directly
owned or written by Website Velocity. Moreover, Website Velocity holds no
responsibility for the use of our clients’ accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Website Velocity
sees fit.

Account Activation
By activating your account with Website Velocity, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you
by e-mail or phone prior to taking any action to provide you with an opportunity
to correct the problem.

Server Uptime Guarantee
Website Velocity guarantees 99.995% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime if you contact us via email with your account username and domain name to support-team@websitevelocity.com.

Website Velocity reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification.