By using any of our services, you are certifying your agreement with the Terms of Service as follows.
1.) Hosting Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
Hack programs and archives
Any content which violates the laws of the United States of America
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Vigilant.Net. All rights reserved.
4.) Hosting Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Vigilant.Net of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 15 day money back guarantee on managed shared hosting. After the first 15 days there are no refunds.
Only first-time accounts in their first quarterly or yearly period are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
If canceling your hosting account, customers must give Vigilant 30 day notice in writing of intent to cancel and immediately pay any and all outstanding funds or balances due to Vigilant. We reserve the right to withold any and all services including, but not limited to, domain name transfer or other changes, until all funds due Vigilant have been paid in full.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to adjust the amount and type of resources given to plans at any time.
10.) Domain Registration
If you select the domain registration option, Vigilant will register your domain(s) name for you at our registrar for a period of one year. The various registrant and contact information, including all email addresses, will be our standard contact information. If you cancel your account with us (see Cancellation and Refunds above) and if you have no outstanding unpaid balance with us, we will approve transfering the said domain(s) to your registrar where you may then make any changes you desire. If canceling, we reserve the right to withold any and all services including, but not limited to, domain name transfer or other changes, until all funds due Vigilant have been paid in full.
11.) Other, non-hosting, services
When the Customer signs a contract with Vigilant for other, non-hosting services (such as web-site creation, graphic design etc.), payment is due in full upon completion of the services or 45 days from the date of signing the contract, whichever comes first. The Customer agrees to supply information and materials to Vigilant in a timely manner as needed to complete the services. If the customer cancels the contract for any reason, or does not provide the needed information within 45 days of signing the agreement, the contract is due in full.
Any late-payment by Customer for any of our services shall be subject to a late penalty fee of 10% of the outstanding debt plus a $5 service fee per month from the due date until the amount is paid.
In any case where debt-collection or legal action proves necessary to recover funds due to Vigilant, the Client agrees to pay any and all recovery fees incurred by Vigilant, including, but not limited to, all attorney's fees and court costs.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from Vigilant.Net's server.
We will not be responsible for any damages, monetary or other, you and/or your business or organization may suffer from using any of our services. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
15.) Changes to the TOS
We reserve the right to revise our policies at any time without notice.