Terms related to Hosting, and Billing This agreement is between Customer and Visual Lyrics Media Group of Round Rock, Texas 78681. Any reference to The Company, Visual Lyrics, or VisualLyricsMediaGroup.com shall be construed as Visual Lyrics Media Group-the Company. The Company provides services via Networks owned by third parties and is bound by the Terms of Service of those providers. By acceptance of services provided by us you also agree to be bound by Network policies provided by those parties. By acceptance of our Terms of Service you agreed to indemnify and hold harmless Visual Lyrics, its employees, affiliates, suppliers, or assigns from any and all liability for damages. VisualLyricsMediaGroup.com agrees to furnish services to the subscriber; subject to the following TOS (Terms of Service). Use of VisualLyricsMediaGroup.com Service constitutes acceptance and agreement to VisualLyricsMediaGroup.com's AUP as well as VisualLyricsMediaGroup.com's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of VisualLyricsMediaGroup.com and AUP (Acceptable Use Policy). 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. This Agreement shall be construed in all respects in accordance with the laws of the country of United States . SPAM and Unsolicited Commercial Email (UCE): VisualLyricsMediaGroup.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our Network. Very simply this means that customers of VisualLyricsMediaGroup.com may not use or permit others to use our Network to transact in UCE. Customers of VisualLyricsMediaGroup.com may not host, or permit hosting of, sites or information that is advertised by UCE from other Networks. Violations of this policy carry severe penalties, including termination of service. WE will take action against any party using our servers for spam. Our servers are monitored 24/7 with the latest technologies to track down unsolicited commercial email. The latest technique to track down the user that is abusing the system is used and we will take action against the party responsible. 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 a written request without further consent or notification to the Subscriber. In addition VisualLyricsMediaGroup.com shall have the right to terminate all service set forth in this Agreement. VisualLyricsMediaGroup.com does not allow the following to be hosted: Any kind of adult sites, hate material, and certain other materials, at the sole discretion of The Company. This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Any material that we find to be abusive, at our sole discretion. VisualLyricsMediaGroup.com reserves the right to remove the offending material from our servers without notice. Sites that are listed in a spam database will be removed. Any site that gets any of our IP's on a spam database will be removed from our servers. Service Rates: 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. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Charge backs: All payments to Visual Lyrics for services supplied on VisualLyricsMediaGroup.com are non-refundable if service is rendered. If you use our service we expect to be paid. All charge backs will be sent to the account holders' credit card company with proof of service's. You will be charged a minimum amount of $100.00 for filing a fraudulent charge back. This is our administration charge for handling the charge back. All charge backs will be turned over to our collection agency and this will affect your credit rating. We take charge backs serious and will not tolerate fraudulent charge backs. If you feel like you need a refund for some reason. Send us an email and let us know. Payments and Fees: All payments shall be paid to Visual Lyrics of Round Rock, Texas 78681. Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by Visual Lyrics for services supplied on VisualLyricsMediaGroup.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All payments to VisualLyricsMediaGroup.com Visual Lyrics Media Group are non refundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Visual Lyrics sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Visual Lyrics an "Administrative Fee" of not less than $50 and not more than $100. Failure to Pay: 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. Late fee's will be charged for any account past due after 5 days. Account Cancellation: All requests for canceling accounts must be made in writing or email with at least 15 days notice but not more than 60 days prior written notice and sent to VisualLyricsMediaGroup.com Attn: Cancellations, 301 Glade View Dr., Round Rock, Texas 78681. You must have all account information to cancel. If you account is not cancelled with a 15 day notice you will still be charged for the full month and your account will be cancelled at the next anniversary date. 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. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 7 business days. Due to unforeseen 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 VisualLyricsMediaGroup.com on behalf of the account holder a handling fee will be incurred. Your domain will usually be available within 48 hours. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to VisualLyricsMediaGroup.com will require a minimum of two (2) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to seven (7) 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 VisualLyricsMediaGroup.com on behalf of the account holder a handling fee will not be charged. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Support Boundaries: VisualLyricsMediaGroup.com, provides technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: VisualLyricsMediaGroup.com provides support related to your server or virtual site physical functioning. VisualLyricsMediaGroup.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you can email, we encourage you to email
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. for assistance. SPAM: Violation of VisualLyricsMediaGroup.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, VisualLyricsMediaGroup.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, VisualLyricsMediaGroup.com may restrict customer access to the Network to prevent further violations. If a customer is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate customer's account. Further, VisualLyricsMediaGroup.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. VisualLyricsMediaGroup.com will notify law enforcement officials if the violation is believed to be a criminal offense. First violations for illegal activities will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account if you should have multiple accounts you have used for spam purposes or any illegal activities.. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that VisualLyricsMediaGroup.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. Second Violation: Users that VisualLyricsMediaGroup.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. Network IP Address Ownership: If VisualLyricsMediaGroup.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to VisualLyricsMediaGroup.com , and Customer shall have no right to use that Internet Protocol address except as permitted by VisualLyricsMediaGroup.com in its sole discretion in connection with the Services, during the term of this Agreement. VisualLyricsMediaGroup.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by VisualLyricsMediaGroup.com, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by policies provided by network owners (Rack shacks) policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). VisualLyricsMediaGroup.com will monitor Customer's bandwidth and disk usage. Should the "Agreed Usage" be exceeded, Customer agrees to pay Visual Lyrics for such overages upon demand. VisualLyricsMediaGroup.com Network shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in VisualLyricsMediaGroup.com sole and absolute discretion. If The Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or Network security may result in civil or criminal liability. VisualLyricsMediaGroup.com and/or its affiliates will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or Network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or Network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. Notification of Violation: VisualLyricsMediaGroup.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which VisualLyricsMediaGroup.com and/or its affiliates determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at VisualLyricsMediaGroup.com discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Suspension of Service or Cancellation: VisualLyricsMediaGroup.com reserves the right to suspend Network access to any customer if in the judgment of the VisualLyricsMediaGroup.com administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which VisualLyricsMediaGroup.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. We reserve the right to amend its policies at any time. All Sub- Networks, resellers and managed servers of VisualLyricsMediaGroup.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Disable Software We reserve the right to review included features and/or disable features for security reasons. Software that runs on our servers can be disabled at any time for security reasons if we feel the need to do so. Indemnification: VisualLyricsMediaGroup.com wishes to emphasize that it provides services via Networks owned by third parties and is bound by the Terms of Service of those providers. By acceptance of services provided by VisualLyricsMediaGroup.com you also agree to be bound by Network policies provided by those parties. By acceptance of our Terms of Service you agreed to indemnify and hold harmless Visual Lyrics, its employees, affiliates, suppliers, or assigns from any and all liability for damages. Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies WebHostingByVisualLyrics.com and Network providers for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that result in loss to VisualLyricsMediaGroup.com or the bringing of any claim against VisualLyricsMediaGroup.com by any third-party. This means that if VisualLyricsMediaGroup.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Visual Lyrics - The Company, plus all costs and attorney's fees. Adult Content:Adult Content or links to Adult Content are not permitted on VisualLyricsMediaGroup.com Servers. Server Resources: Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a dedicated server plan. We understand that some sites will be more resource-intensive than others. As such, all clients are permitted to use a maximum of 20% of CPU/RAM for no longer than 1 (one) minute at a time. Users constantly abusing our resources will be suspended and/or terminated. A site that is resource intensive may be better off to upgrade to a dedicated server. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. 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. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Visual Lyrics The Company, VisualLyricsMediaGroup.com takes no responsibility for any material input by others and not posted to the VisualLyricsMediaGroup.com by Visual Lyrics. VisualLyricsMediaGroup.com is not responsible for the content of any other web sites linked to the VisualLyricsMediaGroup.com Network; links are provided as Internet navigation tools only. VisualLyricsMediaGroup.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. VisualLyricsMediaGroup.com is not responsible for any damages your business may suffer. VisualLyricsMediaGroup.com does not make implied or written warranties for any of our services. VisualLyricsMediaGroup.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VisualLyricsMediaGroup.com. SSH Usage: All accounts are not SSH enabled, therefore, a request stating the purpose in which you need it for must be e-mailed to our support department. A $15.00 one time fee will be required for SSH. You will need to fax us a copy of your ID to before we enable SSH. Once SSH has been enabled on your account, you will abide by the statement made in SSH.All activity will be closely monitored for any illegal or unlawful purposes. We will prosecute any illegal activity on our servers Reseller accounts are not authorized without the express written permission by the Visual LYrics (the Company). If you do sell reseller accounts you will be in direct violation of these terms of service and will be subject to the maximum penalty allowable under law (The least of which will be the immediate cancellation of your account). You are responsible for any fees any of your clients incur. You are also responsible for supporting your clients. If you have questions we are here to help, but we will not support your clients. Also please be aware that we may cancel any of your clients' accounts for violating the terms of service. Clients are not allowed to sell or give out accounts unless you have express permission from VisualLyricsMediaGroup.com. If you do sell accounts or give out space you will be in direct violation of these terms of service and will be subject to the maximum penalty allowable under law (The least of which will be the immediate cancellation of your account). You are responsible for any fees any of your clients incur. It is the responsibility of each purchaser to read and understand the Terms of Agreement (TOS) and that The Company reserves the right to remove anyone found to have breeched our TOS. You should only purchase our services if you understand and agree to our terms. Revised 1-2008 | 
