TERMS AND CONDITIONS
Effective: 07/15/1995, Revised: 07/25/2000
Reaction Systems, Inc. (d.b.a. Village Online) ("The Company") agrees to furnish personal communication equipment and/or services to the Subscriber, subject to the following terms and conditions.
Use of Village Online's Service constitutes acceptance and agreement to Village Online's Acceptable Use Policy (AUP) as well as Village Online's Terms and Conditions (TAC).
- All provisions of this contract are subject to the terms and conditions of Village Online, Inc. Acceptable Use Policy (AUP). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
- Disclosure to law enforcement. The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes such a request without further consent or notification to the Subscriber.
- Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
- Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due: on or before that cutomers perspective anniversary (renewal) date.
- The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- SUBSCRIBER ACKNOWLEDGES THAT THE SERVICE PROVIDED IS OF SUCH A NATURE THAT SERVICE CAN BE INTERRUPTED FOR MANY REASONS OTHER THAN THE NEGLIGENCE OF THE COMPANY AND THAT DAMAGES RESULTING FROM ANY INTERRUPTION OF SERVICE ARE DIFFICULT TO ASCERTAIN. THEREFORE, SUBSCRIBER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SUCH CAUSES BEYOND THE DIRECT AND EXCLUSIVE CONTROL OF THE COMPANY. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THE COMPANY'S LIABILITY FOR ITS OWN NEGLIGENCE MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER FOR SERVICES DURING THE PERIOD DAMAGES OCCURRED. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber 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.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber.
- This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas.
- Checks and ACH Drafts returned for any reason are subject to a $25.00 returned item charge and may be subject to a $25.00 handling/collection fee. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a 2% per month or $10.00 per month which ever is greater late fee. Accounts that are not collectable by VONL may be turned over to an outside collection agency for collection.
- Account Cancellation: Subscriber may cancel service with VONL at anytime (unless other contracts are in place) with a minimum of a 30-day written notice mailed or faxed to Village Online at the address listed below. Any refunds will be calculated based on the next Rate Plan down - for example initial payment on Annual Rate Plan, early cancellation and refund will be calculated based on the Quarterly Rate Plan. This calculation will be multiplying the months (all or partial month) past since the most recent renewal date plus one month (30-day notice) times the Quarterly Rate and subtract this amount from the amount paid for the Annual Rate Plan.
- Company reserves the right to cancel customers service under this contract at anytime without further obligation.
- New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Village Online on behalf of the account holder a registration fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Village Online will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Village Online on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
- Domain Contacts: All domains hosted and or wearhoused on Village Online's DNS servers must have Village Online or one of it's representatives set as the Technical/Zone contact. This contact handle is available by contacting Village Online.
- All payments to Village Online, Inc. are nonrefundable. This includes any one time setup fee(s) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 90 days of the time the dispute occurred.
- All requests for canceling accounts must be made in writing, sent to:
Village Online Attention: Billing Department
505 Julie Rivers Suite 170
Sugarland, Tx. 77478
Or alternatively, you can fax us at: 281-240-7377.
You must have your correct "username" and "password" in order for your cancellation request to be honored.
Additional Terms and Conditions
© 2001, Village Online Use of Village Online constitutes acceptance of the Village Online AUP and TAC.
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