Acceptable Use Policy

VTech Direct, L.L.C. Accept­able Use Policy

VTech Direct, L.L.C. reserves the right to change this Pol­icy any time, so please, check this page at least once a month or when in doubt. VTech Direct, L.L.C. strives to pro­vide the best pos­si­ble ser­vice to all our cus­tomers, but we will not tol­er­ate any unlaw­ful activ­ity or abuse on our servers. We respect free­dom of speech and expres­sion unless it is harm­ful to oth­ers. These brief guide­lines are imposed to pro­tect you, other VTech Direct, L.L.C. cus­tomers and us against such harm.

Pay­ment Poli­cies, Fees, Refunds and Terms of Agree­ment:
Full pay­ment is required before any host­ing ser­vice is ren­dered, which includes renewals. All payment-due notices will be sent by elec­tronic mail. No bills or invoices will be sent by postal mail or fax. Pre­pay­ment is due each anniver­sary (monthly, quar­terly, bi-annually or yearly) fol­low­ing the date the account was estab­lished. Billing will con­tinue until you can­cel your host­ing account. Addi­tional fea­tures can be added at any time. Monthly fea­ture prices are not pro­rated. VTech Direct, L.L.C. reserves the right to change prices at any time. You may can­cel your web host­ing account at any­time. As a pol­icy, we do not offer cred­its or refunds for host­ing time already expended. See our Refund Terms for com­plete details.

Account Can­cel­la­tion:
You may can­cel at any­time. Phone requests will not con­sti­tute accep­tance of any can­cel­la­tion. To can­cel your account, you must do so through your Account Man­ager Con­trol Panel. Noti­fi­ca­tion of can­cel­la­tion must be received at least ten busi­ness days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Respon­si­bil­ity to secure email con­fir­ma­tion from VTech Direct, L.L.C. that account has been can­celled. If the client has not yet received email con­fir­ma­tion of account can­cel­la­tion, then the account remains active, and you will con­tinue to be invoiced.

If Client has a bal­ance due at the time of can­cel­la­tion, this bal­ance must be paid in full. Can­cel­la­tion does not absolve Client of any out­stand­ing finan­cial obligations.

Indem­ni­fi­ca­tion Pol­icy:
You agree to use all VTech Direct, L.L.C. ser­vices and facil­i­ties at your own risk. VTech Direct, L.L.C. specif­i­cally dis­claims all war­ranties of mer­chantabil­ity, usabil­ity and fit­ness for any par­tic­u­lar pur­pose. In no event shall VTech Direct, L.L.C. be liable for any loss, or loss of data, or other com­mer­cial dam­age, includ­ing but not lim­ited to spe­cial, inci­den­tal, con­se­quen­tial or other dam­ages. Cus­tomer agrees that it shall defend, indem­nify, save and hold VTech Direct, L.L.C. harm­less from any and all demands, lia­bil­i­ties, losses, costs and claims, includ­ing rea­son­able attorney’s fees asserted against VTech Direct, L.L.C., 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, it’s agents, employ­ees or assigns. Cus­tomer agrees to defend, indem­nify and hold harm­less VTech Direct, L.L.C. against lia­bil­i­ties aris­ing out of:

(1) any injury to per­son or prop­erty caused by any prod­ucts sold or oth­er­wise dis­trib­uted in con­nec­tion with a VTech Direct, L.L.C. server;
(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 cus­tomer from a VTech Direct, L.L.C. server.

VTech Direct, L.L.C. shall be the sole arbi­tra­tor of what vio­lates this Policy.

SPAM Pol­icy:
VTech Direct, L.L.C. is com­mit­ted to a zero-tolerance, anti-Spamming pol­icy. Under this pol­icy, we pro­hibit Spam, or any unso­licited com­mer­cial email, from being sent either: Over the VTech Direct, L.L.C. net­work, by cus­tomers or any other users of the VTech Direct, L.L.C. net­work (includ­ing cus­tomers’ cus­tomers); AND/OR over ANY net­work— if the mes­sage sent adver­tises or men­tions a site hosted on the VTech Direct, L.L.C. server.

We react quickly and seri­ously to vio­la­tions, and we fur­ther reserve the right to ter­mi­nate the ser­vices, with­out prior notice, of any cus­tomer dis­re­gard­ing this pol­icy. Send­ing unso­licited com­mer­cial email (a.k.a. “spam”), cross-posting mes­sages to a large num­ber of usenet groups, post­ing obscene or threat­en­ing mes­sages while using or refer­ring to an VTech Direct, L.L.C. email address or web site URL is pro­hib­ited. The use of VTech Direct, L.L.C. servers as a mail drop for responses to activ­i­ties described above is also pro­hib­ited. Accounts can­celed due to spam will be billed a “clean up” fee of $600.00 USD.

If you have any com­plaints or com­ments regard­ing Spam on our net­work, please direct them via email to abuse@vtechdirect.com

Con­tent Pol­icy:
All ser­vices pro­vided by VTech Direct, L.L.C. may be used for law­ful pur­poses only. Trans­mis­sion, stor­age, or pre­sen­ta­tion of any infor­ma­tion, data or mate­r­ial in vio­la­tion of any US Law is pro­hib­ited. This includes, but is not lim­ited to: copy­righted mate­r­ial, trade­mark, intel­lec­tual prop­erty, mate­r­ial we judge to be threat­en­ing or obscene, or mate­r­ial pro­tected by trade secret and other statute with­out proper autho­riza­tion. The sub­scriber agrees to indem­nify and hold harm­less VTech Direct, L.L.C. from any claims result­ing from the use of the ser­vice which dam­ages the sub­scriber or any other party.

Pornog­ra­phy and sex-related mer­chan­dis­ing is pro­hib­ited on all VTech Direct, L.L.C. servers. This includes sites that may infer sex­ual con­tent, or links to adult con­tent else­where. VTech Direct, L.L.C. will be the sole arbiter in deter­min­ing vio­la­tions of this provision.

Also pro­hib­ited are sites that pro­mote any ille­gal activ­ity or present con­tent that may be dam­ag­ing to VTech Direct, L.L.C. 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
• Ille­gal MP3’s
• Child Pornog­ra­phy

VTech Direct, L.L.C. does not host sites of its com­peti­tors or web pages pro­mot­ing sites of its competitors.

Any ille­gal activ­ity, includ­ing adult con­tent, links to adult con­tent web sites, spam­ming or hack­ing will result in your site being shut down and all your files deleted with­out warning.

VTech Direct, L.L.C. will be the sole arbiter as to what con­sti­tutes a vio­la­tion of this provision.

Email Pol­icy:
VTech Direct, L.L.C. may not be the source, inter­me­di­ary, or des­ti­na­tion address involved in the trans­mis­sion of any unso­licited email, email bombs, hate email, or any mass email. Your email account may not be ref­er­enced as orig­i­na­tor, inter­me­di­ary, or reply-to address of such email. We con­sider mass email any email mes­sage sent to more than 25 email addresses or more than 10 news groups.

CGI Scripts Pol­icy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, how­ever we reserve the right to dis­able any CGI script that effects nor­mal server oper­a­tion or ser­vice to other VTech Direct, L.L.C. cus­tomers. You will be noti­fied in 24 hours about offend­ing cgi script. No chat room or sim­i­lar scripts allowed.

Chat Pol­icy:
VTech Direct, L.L.C. does not allow chat rooms. You can how­ever link your site to a chat provider. Some exam­ples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Traf­fic Pol­icy:
VTech Direct, L.L.C. allows for very gen­er­ous traf­fic, and most sites never exceed 500MB per month, unless they offer share­ware, sound, video, image and mul­ti­me­dia archives, are mir­ror sites or any site whose pri­mary pur­pose is file dis­tri­b­u­tion. VTech Direct, L.L.C. cus­tomers are dis­cour­aged from stor­ing any files that cause exces­sive traf­fic on VTech Direct, L.L.C. servers. Please con­tact an VTech Direct, L.L.C. Tech­ni­cal Sup­port team for more infor­ma­tion. Again, 99% of the sites do not fall into this cat­e­gory and never reach our traf­fic limits.

We reserve the right to refuse ser­vice to any­one for any rea­son not pro­hib­ited by law. Also we reserve the right to ter­mi­nate ser­vice to any cus­tomer for any rea­son not pro­hib­ited by law.

Any delib­er­ate attempt to cause dam­age to VTech Direct, L.L.C. or any other Inter­net servers will result in imme­di­ate account deac­ti­va­tion with­out prior notice. No refund is given in this case.

All account plans come with a pre­de­ter­mined amount of traf­fic allowance. We mon­i­tor all accounts and bill $5.00 USD for each gig of traf­fic exceeded. You will NOT be charged for trans­fer that you use beyond our gen­er­ous data trans­fer lim­its with­out prior noti­fi­ca­tion. You can mon­i­tor your trans­fer at any­time in your Con­trol Panel.

Cus­tomer Rewards Pro­gram:
VTech Direct, L.L.C. offers to it’s cus­tomers, par­tic­i­pa­tion in the eMarkHosting.com Cus­tomer Rewards Pro­gram. I fully under­stand and agree that par­tic­i­pa­tion in this pro­gram is optional and in no way is par­tic­i­pa­tion required to pur­chase web host­ing ser­vices from eMarkHosting.com. If you do choose to par­tic­i­pate in the pro­gram, you also agree that you are liable for any and all local, state and fed­eral taxes that apply to any cash back bonus that you receive through par­tic­i­pa­tion in this pro­gram. You also agree to the fol­low­ing terms of the Cus­tomer Rewards Program:

(1) you must keep your host­ing account in good stand­ing with eMarkHosting.com.;
(2) no web sites deter­mined inel­i­gi­ble in this agree­ment are eli­gi­ble to par­tic­i­pate.;
(3) NO SPAM! You may include our links as adver­tise­ments in your newslet­ters and mail­ing lists as long as peo­ple have agreed to receive them.;
(4) any­one found spam­ming, cheat­ing or in any other way inflict­ing dam­age to VTech Direct, L.L.C./eMarkHosting.com will have their Web Host­ing Account ter­mi­nated imme­di­ately with­out a cent of their cash back bonus being paid.;
(5) eMarkHosting.com reserves the right to revoke your Cus­tomer Rewards Pro­gram eli­gi­bil­ity at any time if any terms in this agree­ment or our Terms of Ser­vice Agree­ment are vio­lated.;
(6) to par­tic­i­pate you must pro­vide VTech Direct, L.L.C. with a faxed copy of a photo ID and your social secu­rity num­ber or Employer Iden­ti­fi­ca­tion Num­ber. Details on pro­vid­ing this infor­ma­tion is located in the Account Man­ager Con­trol Panel.;

Back­ups:
Full back­ups are made weekly, and back­ups of new/changed data made nightly. No guar­an­tees are made of any kind, either expressed or implied, as to the integrity of these back­ups. Back­ups are made for server restora­tion pur­poses only. It is the clients’ respon­si­bil­ity to main­tain local copies of their web con­tent any infor­ma­tion. The “Backup Man­ager” is included in each host­ing plan and client can use this tool to back up their files. If loss of data occurs due to an error of VTech Direct, L.L.C., we will attempt to recover the date for no charge to the client. If data loss occurs due to neg­li­gence of client in secur­ing their account or by an action of the client, VTech Direct, L.L.C. will attempt to recover the data from the most recent archive for a $50.00 USD fee.