Custom Virtual Solutionss customers and website users must agree to abide by our Terms of Service. By accessing, browsing and using this site you agree to be bound by the terms and conditions contained herein and all policies and guidelines incorporated by reference.
TOS Agreement v1.0 – Updated January 2008
Custom Virtual Solutions will deliver the agreed upon services as declared in the “New Account” confirmation at the time of purchase subject to the following Terms of Service (hereafter referred to as TOS).
Use of our services constitute unconditional acceptance of Custom Virtual Solutions TOS. We reserve the right to modify our TOS at anytime without prior notice. Modifications become effective when posted. Continued use of the site and/or services indicates acceptance of terms. It is the subscriber’s responsibility to review the TOS regularly.
A. Custom Virtual Solutions offers a 30-day money-back guarantee on all our packages listed on the website customvs.com following the guidelines below.
If for any reason you are not completely satisfied with our service, you may contact us at email@example.com within 30 days of your initial deposit to request a full refund by providing the following:
The request is subject for approval and management to decide whether the request is valid or not. The 30-day money back guarantee only applies to initial transactions either before actual programming or prior to the site going live. Also, the 30-day money back guarantee WILL NOT apply to:
B. Refunds for Domain Registrations
Custom Virtual Solutions utilizes an industry standard Third Party Registrar for domain name registration. Payment for new domains cancelled within but not exceeding 24 hours after placing the order will be refunded. This refund is not applicable to domain renewals. If you cancel our service you will retain ownership of your domain name for as long as you continue to renew the domain. Domain renewal may be done through us or through the Registrar.
Custom Virtual Solutions guarantees your website will be up and running 99.9% of the time during any 12 month period inclusive of network, server, web server and service up-time. Our guarantee does not cover periods when we have no direct control such as: backbone provider failures, fiber optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and our data center or if the service interruption was caused by acts of God, wars or other events beyond our control. Request a service credit with a brief explanation via our “Contact Us” form.
A. Age Requirements on Purchases
You must be at least 18 years of age to make purchases on this site.
B. Provisions on Intellectual Property
All content provided within or via this site is protected by US and international copyright, patent and intellectual property laws, trademark regulations and international agreements. No intellectual property contained within or via this site may be copied, published, reverse engineered, decompiled, exchanged, traded or broadcast without written permission from the content owner.
C. Prohibition of Adult or Pornographic Content
Custom Virtual Solutions subscribers are prohibited from storing or posting adult content or links to adult content. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
D. Prohibition of Offensive Behavior
Custom Virtual Solutions may terminate service without giving prior notice for what it deems improper, threatening or offensive communication.
Custom Virtual Solutions provides a high limit or unlimited amounts of disk space and/or other resources such as bandwidth transfer, email or FTP accounts. Our resource allotments are optimized and dedicated toward serving web documents and self-need email / FTP services and are not to be used as offsite storage for electronic files or as a provisioning service for third party email or FTP hosts. Illegal content such as pirated software, music or other media are not allowed on our servers.
We utilize the latest and most economically feasible mass server market technology available. Our services are of a shared server nature with other users sharing the provided space. This business model allows us to offer web hosting services at inexpensive rates. Any single account is entitled to utilize the server resources up to what is allotted or by what is physically available. Should resources become scarce we may initiate limits on users of the affected machine to preserve the effectiveness of the service for all users. Users in excess of their resource allotment may be asked to remove content, cut resource usage or relocate to a dedicated service provider. This policy applies only to websites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “Fair Use” of resources among customers has been breached particularly in regards to disk space, bandwidth or CPU processing power utilization.
If we determine a “Fair Use” breach has occurred, the subscriber may have to remove files from or reduce access to his account. This action is intended to restore full service to other subscribers affected by the breach. Subscribers will be notified of any actions that Custom Virtual Solutions deems appropriate.
Custom Virtual Solutions prohibits the transmission of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Our customers may not use or permit others to use our network for UCE distribution. Our customers may not host or permit hosting of sites or information advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, an investigation will be initiated wherein customer access to the network may be restricted to prevent further violations. If a subscriber is found to be in violation we may restrict, suspend or terminate said customer’s account. Custom Virtual Solutions may pursue civil remedies to recover costs associated with the investigation of a substantiated policy violation. Law enforcement officials will be notified if the violation is believed to be a criminal offense.
Custom Virtual Solutions prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet or any script which may overwhelm server resources due to the inherent nature of the script or by defect in the coding of the script. In cases of system resource abuse, scripts may be removed without prior warning and the user account may be suspended pending further review.
Payments are due on the date of the month the subscriber started the service or on the selected billing cycle.
Custom Virtual Solutions may temporarily deny or terminate service if the subscriber fails to pay the charges when due. Such termination or denial will not relieve the subscriber of payment responsibility for accrued charges and collection fees if applicable.
An account may be cancelled online or by phoning our customer service hotline. Cancelled accounts remain active until the end of the subscription. The subscriber will be billed for any balance remaining for development of the website. We will compile the source code of the site into a zip file and send a link for download via email giving the subscriber 72 hours to download the site. After 72 hours the site and its full contents will be deleted from the Custom Virtual Solutions server.
The subscriber hereby acknowledges that Custom Virtual Solutions shall not be liable for damages arising from circumstances beyond its control. Furthermore, the subscriber agrees that Custom Virtual Solutions’ liability for substantiated negligence will not exceed an amount equivalent to charges paid by the subscriber for services during the period damages occurred. Custom Virtual Solutions will not be liable for any special or consequential damages, loss or injury.
Website development, consulting, programming and debugging are not included in our free hosting support services. We do not provide technical support to the subscriber’s customers.
A. IP Address Ownership
Subscriber assigned IP numbers and addresses are the exclusive property of Custom Virtual Solutions and may be removed or changed at our sole discretion at anytime.
B. Data Transfer and Disk Usage
Bandwidth and disk usage shall not exceed the maximum number of megabytes per month agreed to in the subscriber’s service plan (“Agreed Usage”). If bandwidth or disk usage exceeds the agreed usage corrective action may include the assessment of additional charges, disconnection, discontinuance of service or termination of this agreement in which case the subscriber may be entitled to a prorated refund of fees paid in advance of said corrective action. The subscriber will be warned of approaching or exceeded resource limits via email or phone.
C. System and Network Security
Any attempt to violate the security of Custom Virtual Solutions‘s network or any and all components therein may result in civil or criminal prosecution. These violations include:
Any subscriber determined to have violated Custom Virtual Solutions TOS will receive an email warning and service may be temporarily suspended pending subscriber’s written agreement to refrain from further violations. Subsequent violation will result in termination of service without further notice.
Custom Virtual Solutions may suspend network access if the subscriber’s account is the suspected source or target of a TOS violation. All accounts of the subscriber in question may be deactivated until completion of our investigation. The subscriber may not be credited for the time his machines were suspended if he is found to be at fault. Several TOS violations may result in permanent cancellation of the account without prior notification and back ups will not be provided. The subscriber is responsible for maintaining a back up of his data at all times. In some cases law enforcement may be contacted.
Subscribers must provide Custom Virtual Solutions their email address, telephone and fax numbers and other pertinent contact information. We are not responsible for material placed on our network by others or for the content of websites linked to our site.
Custom Virtual Solutions may disclose subscriber information including IP numbers, account history, account use, etc. to law enforcement officials in possession of a court approved warrant without subscriber notification or consent.
The customer agrees to indemnify and hold harmless Custom Virtual Solutions against loss or threatened loss or expense by reason of the liability or potential liability of Custom Virtual Solutions for or arising out of any claims for damages. Furthermore, in no event shall Custom Virtual Solutions be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in anyway connected with the use of this site or the materials contained in or accessed through this site. In no event shall the aggregate liability of Custom Virtual Solutions whether in contract, warranty, tort, (including negligence whether active, passive or imputed) product liability, strict liability or other theory arising out of or relating to the use of Custom Virtual Solutions‘s site exceed $50.00 or the compensation you have paid Custom Virtual Solutions in the last three (3) months, whichever is less.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
This TOS is subject to the laws of the State of Florida.
It is the responsibility of the subscriber to keep a complete and current copy of their website files as a backup on a remote system (not solely on Custom Virtual Solutions servers). Custom Virtual Solutions is NOT RESPONSIBLE for any lost files, information or data.
Custom Virtual Solutions makes regular internal backups of internal system configurations and databases. These backups are NOT intended for the subscriber. Although Custom Virtual Solutions backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber.
A. Revision Process
Each package comes with a certain number of total revisions. Custom Virtual Solutions offers 24 hour turnaround time for revisions in most cases. We may take up to two weeks to complete revisions where the work load is heavy.
Custom Virtual Solutions offers unlimited revision paid subscriptions on all website content existing on the website the moment it goes live and change and replacement of content in non-structural images. Service fees will apply in some cases: when large amounts of content and images are added to the website; reprogramming; revisions that destroy structural integrity; changes to Main Website Elements such as banners & navigation tabs.
B. Approval Process
During the project development process, Custom Virtual Solutions will provide regular design updates requiring timely customer feedback. The customer must ensure that the modules and the complete project have been tested for deficiencies and confirm the site is operating as intended.
C. Refund Policy
Custom Virtual Solutions offers free website layout design. The sale is final upon approval and payment of $149.95. In the event of cancellation $149.95 will be returned only if programming has not been initiated. After the site is programmed the subscriber is obligated to pay the full cost of the website. Dynamic-driven and E-Commerce website refunds are calculated by deducting the cost unused labor from the service fee. Custom Virtual Solutions is not liable for damages arising from misinformation or misrepresentation.
D. Ownership and Copyright
Upon full payment our customer becomes the website owner, however, Custom Virtual Solutions has the right to showcase said website in its portfolio. Website content is the sole responsibility of its respective owner. Custom Virtual Solutions is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on a customer’s website.