IMPORTANT NOTICE: *All Dedicated Server Payments to vDesk.works Are Non-Refundable*
vDesk.works ("The Company") agrees to furnish services to the Customer, subject to the following Terms of Service (TOS).
Use of vDesk.works Service constitutes acceptance and agreement to vDesk.works' Acceptable Usage Policy (AUP) as well as vDesk.works' Terms of Service(TOS).
All provisions of this contract are subject to the Terms of Service (TOS) of vDesk.works and Acceptable Usage Policy (AUP). The AUP may be changed from time-to-time at the discretion of the Company. Any modifications or changes in the terms of AUP shall not be the basis for early service termination or non-payment.
This Agreement shall be construed in all respects following the laws of the state of California applicable to contracts enforceable in that state.
Disclosure to Law Enforcement:
The use of our service against any applicable law or for illegal activities is strictly prohibited under the AUP. The company has the right to co-operate with appropriate law enforcement agents. The company can disclose some or all information about the customer which includes assigned IP numbers, account history, account usage and other details without their respective consent or knowledge. Furthermore, vDesk.works shall have the right to terminate all service outlined in this Agreement.
The customer agrees with the nature of services along with the rates and charges established earlier in the contract. The company is fully capable to change or modify the specified rates and charges from any period of time. Any promotional offer and its cost of service goals along with rates charged by its suppliers are subject to the Company. The customer shall be aware of the costs associated with all third party applications and various software plans are subject to change without issuing any written notice.
The prices or charges for the services are established as stated by the company. Subsequent payments are due on the anniversary date of the month (full 30 days) for the invoice prepared for that specific month's service.
Payments and Fees:
The Service will be interrupted on accounts that reach 15 days past due date. Accounts not paid by due date are subject to a 10% late fee.
If you wish to unsubscribe and cancel your account, you need to follow the proper procedure as outlined in this TOS.
Refund and Disputes:
All payments made to vDesk.works for its services are non-refundable Including a one-time setup fee. The customers need to report all overcharges or billing disputes within 30 days of the time the dispute occurred. Only first-time accounts are eligible for a refund and it is not applicable to the accounts you have signed with us a second time.
Failure to Pay:
The Company holds the rights to temporarily deny service or terminate this Agreement when a Customer fails to pay the overdue amount. The customer is still bound to pay all the charges occurred, including legitimate interest and fees after the termination or denial of service.
Accounts cancelation requests need to be made in writing within at least 10 days’ notice should not exceed more than 30 days prior a written notice and these requests should be sent on these addresses, email@example.com, firstname.lastname@example.org from customer's registered email address or should be submitted via Client Area (Talygen account).
Customers are subject to use the Services for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data or material in violation of our data center law is strictly prohibited. The list of banned content includes, but is not limited to:
- Illegally exploited copyrighted works that include commercial audio, video, or music files
- Distribution of music files or any other material in which the account holder does not own the copyright
- Distribution of any material in violation of any regulation that is perceived to be misleading.
- Cryptocurrency mining, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above.
- Pornographic material or Child pornography
- Any services deemed to be terrorist activists as Governed by the United States Government, Department of Homeland Security.
- Using any HYIP sites, or sites that link to or have content related to HYIP sites.
- Using any proxy set-ups or connections or any sort of activity through remote proxy connections on our Servers. Doing so for the first time will result in the suspension of the Account and second violation will result as immediate termination of Account.
- Hosting an IRC server or virtual accounts that belong to another IRC network or server in any way will be immediately discarded from our network without any prior notice. You will only be able to use the services once you remove all the traces of the IRC server and allow us to access your server confirming that the proxy content has been completely deleted. Any second violation will result in immediate account termination.
- Any website content that promotes objectionable information, which includes making a false claim, expressively stated or implied to be factual data or content that poses a risk to an individual, business, product, group, government or nation or tarnish their image.
The use of software and scripts for "bit torrents" or similar is prohibited on our servers. This includes sending or receiving files using the mechanisms mentioned below:
- Illegal Material
- IRC Hosts
- Defamatory content
- Bit Torrents
- Other prohibited items
The customer acknowledges that the company can stop providing services (for a while or long) under several circumstances including negligence from the company itself and damages resulting from any interruption of service are difficult to determine. Therefore, the Customer should be aware that the Company shall not be liable for any damages occurred due to the reasons beyond the direct and exclusive control of the Company. The company is only liable to pay for the amount of its negligence that is equivalent to the charges payable by Customer for services during the period of damages occurred. In no circumstances, the Company shall be liable for any special or consequential damages, loss or injury.
vDesk.works provides 8x5 technical support to all Customers. Additional Support packages can be purchased for more coverage and support. We limit our technical support to our area of expertise. We track down the following guidelines when providing support: vDesk.works provides support related to your server or virtual site physical functioning. vDesk.works does not offer technical support for application-specific issues such as cgi programming, html, or any other issues.
vDesk.works does not provide technical support for YOUR customers. We encourage you to send us an email on our email address: support@vDeskworks.com for any type of assistance. You can get the required answers for your additional questions on our website, we advise you to check there before approaching us via any other communication platform. At last, before calling technical support, check the Help files in the program you are using thoroughly as they may have the answer to your queries.
" vDesk.works is not liable to change the IP address of your server in case the IP address gets blacklisted due to any spamming or others online unwanted behaviour that mainly involves mass emailing activities carried out from the server. You are obliged to notify the vDesk.works in written if your IP address is blacklisted for further assessment."
- Violation of vDesk.works' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, vDesk.works will initiate an immediate investigation (within 24 hours of notification). During the investigation, vDesk.works may restrict customer access to the network to prevent further violations. If a customer is found in violating our SPAM policy, vDesk.works may, at its sole discretion, restrict, suspend or terminate customer's account. Further, vDesk.works reserves the right to pursue civil remedies for any costs associated during investigation of a substantiated policy violation. vDesk.works will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $100.00 and your account will be reviewed for an immediate possible termination. A second violation will result in an "Administrative Fee" of $200.00 and immediate termination of your account. Violating this policy ultimately make users to agree to pay "Research Fees" not to exceed $75.00 per hour that vDesk.works personnel must spend to find out the matter along with these "Administrative" penalties. YOU ARE REQUESTED TO NOT SPAM from your account.
- Our customers are advised to take personal responsibility and develop a similar, or rigid policy for their clients accessing vDesk.works network.
IP Address Ownership:
Customers can only use assigned Internet Protocol address if permitted by vDesk.works under the Services, during the term of this Agreement. vDesk.works has the right to maintain and control the ownership of all Internet Protocol numbers and addresses that are assigned to the Customer and it reserves the right to change or remove any of such Internet Protocol numbers and addresses, in its sole and absolute discretion. The allocation of IP addresses are limited to our hosting environment. As per the policies, the use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. It implies that you MUST use name-based hosting where it is required. IP address that is used will be reviewed periodically and if it is found that clients are using IP addresses without name-based hosting when it is possible, we will revoke authorization the use those IP addresses.
Bandwidth and Disk Usage:
The bandwidth usage status can be provided only in a graphical format. It will be collected via email if requested or else the invoice for overage will be generated in the following month if applicable. The bandwidth overage will be calculated using the graphical report as these are based on concrete data that we take on each port of everything on our network.
If a customer exceeds the included allocation, in such case, vDesk.works can, as its sole discretion, recover an amount determined by vDesk.works against the customer’s credit card on file submitted to vDesk.works. On failing to clear bandwidth overage invoice within 48 hours will result in the suspension of customer’s services.
System and Network Security:
Users are strictly prohibited from violating security of the vDesk.works Network at all conditions. Violations threatening system or network’s security may result in civil or criminal liability. vDesk.works will investigate such occurrences and provide full cooperation to law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data or logging into a server or account, for which the user is not authorized.
- Breaching security, and testing the vulnerability of a system or violating the authentication measures without a valid authorization.
- Hampering the services provided to another user, host or network, and employing overloading, "flooding", "mail bombing" or "crashing".
- Falsifying any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Trying to obtain services for which the user is not permitted.
Notification of Violation:
- vDesk.works is not liable to notice each customer's or user's activities to determine if a violation of the AUP has occurred, nor it is our responsibility to monitor or police the Internet-related activities through our AUP.
- First violation: A user will receive an email containing a warning notice regarding violation of this Acceptable User Policy. The services provide to the user are subject to a temporary suspension, until the user’s written agreement comes into action.
- Second Violation: Users that are found in committing a second violation of any element of this Acceptable Use Policy shall be subjected to immediate suspension or termination of service without further notice.
- We reserve the right, to discard the section of IP space contributing to Spam or Denial-of-Service complaints once it is clear that the offending activity is causing great harm to the parties on Internet. In certain rare cases, we may discard this facility before contacting you. But we will try to contact you as soon as it is feasible.
Suspension of Service or Cancellation:
If vDesk.works network administrators observe any violation in the customer's server possessing any threat to any of the other terms of the AUP, the suspect’s network access would be suspended then and there. Any customer’ account that is detected to be producing by the inappropriate activities, would be deactivated without proper notification, until further investigation. In extreme cases, the law enforcement will be applicable according to that particular activity. The customer will not be credited for the time the customer's machines or services were suspended.
vDesk.works reserves the right to amend its policies at any time.
vDesk.works likes to emphasize that once the customer agrees to the vDesk.works Acceptable Use Policy (AUP) and Terms of Service (ToS), if he/she indemnifies vDesk.works for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that could result in loss to vDesk.works or to bring any claim against vDesk.works by any third-party. In simpler words, if vDesk.works gets sued because of a customer's or customer's customer activity, the customer of vDesk.works will pay the damages awarded against vDesk.works, and all the costs and attorney's charges as well.
You must provide us with valid and current contact information. E-mail, fax, and telephone contacts are used, in any order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Customer shall not transfer or assign this Agreement without the prior written consent of the Company. The company may assign an Agreement at any time without consent from or notice to the Customer. The company reserves the right to cancel a customer’s rights under this contract at any time without further obligation.
- vDesk.works takes no responsibility for any material inputs by the others. vDesk.works is not responsible for the content of any other websites linked to its Network; links are provided as Internet navigation tools only. vDesk.works disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- vDesk.works is not responsible for any damages your business suffers in anyway. vDesk.works does not make implied or written warranties for any of our services. vDesk.works denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any service interruptions caused by vDesk.works.
Responsibility for Content:
It will be entirely your responsibility as vDesk.works’ customer to supervise your content stored on and served by your vDesk.works server.
CONTRIBUTIONS TO vDesk.works
The Customer is always welcome to provide suggestions and feedbacks to vDesk.works that help in improving the Web Site and the Services. However, the Customer should be aware that any ideas, suggestions, comments or proposals the Customer sends to vDesk.works; are non-confidential and shall become the sole property of vDesk.works. vDesk.works shall own all rights to use and/or disseminate the submissions in any manner and for any purpose whatsoever, without compensation or credit to the Customer.
We undertake reasonable efforts to back up the data of our customers, but cannot guarantee the accuracy and regularity of this data, and hence the customer is expected to maintain a regular backup for own services or purchase additional backup from vDeskworks.com. We encourage our customers to visit our FAQ page for more information. If you would like to know the prices for our backup plans and other associated information, please feel free to contact our Sales Department.
Windows Servers and licensing:
We provide fully Licensed services.
The customer is prohibited and agrees not to remove, modify or misrepresent any copyright, trademark or other proprietary rights notices that appear on Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products as well.
vDesk.works may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships. vDesk.works has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Customer shall understand that the product support for Third Party Products is provided by vDesk.works and not by the Third Party Vendor. Both vDesk.works or any Third Party Vendor are allowed to represent or warranty, express or imply, regarding any Third Party Products. Using third party products is customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from vDesk.works or any third party vendor. Neither vDesk.works nor any third party vendor will be legally bound to take responsibility for any damages, whether direct, indirect, or consequential, arising from an inability to use any third-party product to the maximum extent permitted by applicable law. Customer agrees to observe the terms of any license and/or applicable end user Customer Agreement for third party products and that customer shall be fully liable to third party vendors and vDesk.works with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user Customer agreements.
Denial of Service:
We reserve the full right to decline service to anyone at any time for any particular reason.