member login | our plans | home

The Fine Print

Victoly, LLC Hosting Acceptable Use Policy

1. Introduction
The goal of Victoly, LLC is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy ("AUP" or "Policy") is designed to keep Victoly, LLC and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Victoly, LLC services. Victoly, LLC is committed to and supports the free exchange of information and ideas over the Internet. Victoly, LLC does not actively monitor nor does Victoly, LLC exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Victoly, LLC servers. However, Victoly, LLC reserves sole discretionary rights to remove any materials or cancel Client's account which is deemed potentially illegal, harmful to Victoly, LLC business operations or equipment, or in violation of any part of this AUP or of the standard Victoly, LLC Internet access Agreement. Use of Victoly, LLC's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.

2. Warranties/Disclaimers
Victoly, LLC Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Victoly, LLC or any information or software therein. You release Victoly, LLC from all liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use Victoly, LLC services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Victoly, LLC's own negligence. Without limiting the generality of the foregoing, Victoly, LLC disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Victoly, LLC services. In no event shall Victoly, LLC aggregate liability exceed the amount paid by you to Victoly, LLC for the Victoly, LLC services. Use of any information obtained via Victoly, LLC Internet service is at the user's own risk.

Victoly, LLC specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

3. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants Victoly, LLC the right to use such trademarks in connection with Victoly, LLC's service.

4. Etiquette and Policy

  1. The network resources of Victoly, LLC may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Victoly, LLC. All messages via Victoly, LLC should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Victoly, LLC's server for mass e-mail or "spamming" purposes.
  2. Victoly, LLC may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
  3. Victoly, LLC may discontinue servicing any Plan, or may require fulfillment of terms or conditions Victoly, LLC may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Victoly, LLC agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.
  4. Victoly, LLC's services may not be used for illegal purposes, or in support of illegal activities. Victoly, LLC reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
    1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
    2. Threatening bodily harm or property damage to individuals or groups.
    3. Making fraudulent offers of products, items, or services originating from your account.
    4. Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
    5. Harassing others by "mail-bombing". "Mail-bombing" constitutes sending more than ten (10) similar mail messages to the same
      e-mail address.
    6. Forging any message header, in part or whole, of any electronic transmission, originating or passing through Victoly, LLC services.
    7. Distributing viruses to or from Victoly, LLC systems.
    8. Attempting or inflicting damage upon another network or individual resulting in or for the purposes of Denial of Service (DoS attack).

5. Limited Liability

  1. Client expressly agrees that use of Victoly, LLC's Server is at Client's sole risk. Neither Victoly, LLC, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Victoly, LLC's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Victoly, LLC Server service, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall Victoly, LLC, its offices, agents or any one else involved in creating, or distributing Victoly, LLC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Victoly, LLC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Victoly, LLC's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Victoly, LLC's Server service.

6. Victoly, LLC's Right to Change Service

Victoly, LLC reserves to right to change without notice the Victoly, LLC service, including, but not limited to, access procedures, pricing, hours of operation, menu structures, commands, documentation, vendors and services offered.

7. Victoly, LLC's Right to Modify its Acceptable Use Policies
Victoly, LLC may modify its Acceptable Use Policies upon notice published online via Victoly, LLC's Website. Customer's use of Victoly, LLC services after such notice shall constitute Customer's acceptance of the modifications to these policies.

8. Indemnification
Client agrees that it shall defend, indemnify, save and hold Victoly, LLC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys. fees, ("Liabilities") asserted against Victoly, LLC, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Victoly, LLC against Liabilities arising out of

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Victoly, LLC's Server;
  2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective product which Client sold on Victoly, LLC Server.

9. Cancellation of Service

  1. Victoly, LLC reserves the right to cancel a user's account at any time without notice and without refund, such reasons included, but not limited to, suspected wrongdoing with said account, unpaid account balances, attempted DoS attacks, multiple individuals using the same account, without prior written authorization from Victoly, LLC, causing of DoS attacks to Victoly, LLC systems and networks, attempted hacking on Victoly, LLC servers and equipment. Should an account become past due, Victoly, LLC gives a 5 day grace period in which the account is suspended and/or terminated (at Victoly, LLC's discretion). After such point, Client may expect that all data belonging to Client on Victoly, LLC services will be deleted and unrecoverable.
  2. Client may cancel their service at any time. Client understands that in lieu of refunds for unused service Victoly, LLC will provide agreed upon service until the contract time (typically one (1) month) is complete. Client agrees and understands to these terms.

10. Account Sharing
Account sharing is strictly prohibited, unless prior written notice is given by Victoly, LLC. Sharing of accounts by more than 2 people may result in termination of your service. Furthermore, if any questions or problems arise and your account was being shared, it is automatically terminated unless stated by an administrator in writing. If your account is found in violation of an IRC Server.s policies and our service is banned from use of those Servers, your account will immediately be terminated.

11. Privacy Policy
We take customer privacy very seriously. We will not sell, trade or distribute knowingly your information such as address, telephone number, email address, etc. However, we reserve the right to monitor your account. We will use information given to us at time of signup for password retrieval purposes, specifically email.

12. Processor Usage Policy
Client understands this service is provided on a shared server. This means that one website may not overwhelm the server with heavy CPU usage from highly active scripts including, but not limited to, PHP, CGI, shell scripts, and SQL queries. If Client's website overloads the server and causes complaints from the other users, they will need to upgrade to a larger plan or relocate their website. Victoly, LLC will refund any unused portion of prepaid service in this event.

13. Payment Policy
We will activate your account once we have received your first period payment. By beginning a Paypal subscription to Victoly, LLC, you agree to authorize all recurring charges to the account and any balances incurred due to exceeding limits, extra services, service fees and/or any other fees due as presented by Victoly, LLC. Users who have chosen a payment method other than credit card shall receive a billing approximately one week before their account comes due. Invoices are to be paid by the Due date of the invoice. Failure to comply will result in account termination. If you then signup for an account, all regular signup rules apply, including current pricing. Should your account become past-due or inactive for any reason, we reserve the right to adjust your billing rate to the current applicable rate.