Website service starting at $9.95 per month
$20.00 one-time setup fee - FREE TRIAL!
This agreement represents the complete agreement and
understanding between Virtual Empire and the customer
and supersedes any other written or verbal
agreement. Upon notice published on-line via virtualempire.com,
Virtual Empire may
modify these terms and conditions, clarify them, and/or modify the prices, as
well as discontinue or modify the services offered.
- Service is defined as - ANY act of serving the Customer,
by Virtual Empire, regardless of its duration and whether it's a paid
service or a free service.
- Without limiting the scope of the item above, Virtual Empire will provide
services on its host computing systems to individual Customers
in exchange for payment of fees and compliance with the terms and
conditions of this document.
- Virtual Empire Services are defined as the use by the Customer of
computing, telecommunications, software, and information services
provided by Virtual Empire. These services also include the provision of
access to computing, telecommunications, software, and information
services provided by others via the Internet.
- For existing customers only, Virtual Empire will publish a notice of fee
increases at least 30 days before such increases take effect.
Adult sites, sites with adult-oriented links, sites that promote hatred,
racism, or discrimination, and sites that promote illegal or
fraudulent activity are banned
from our service. There are NO Exceptions.
Virtual Empire accounts may not be used as public file archives. You may
include files for downloading by visitors but accounts with large numbers of
files, whose primary purpose is the providing of those files will be considered
archives and be deactivated. This policy does not affect 99.9% of web sites,
and the 0.1 percent that it affects generally know who they are. Please feel
free to ask if you are unsure.
Virtual Empire accounts may NOT be used to distribute MP3 files.
- Virtual Empire's setup fee does not include the Domain Name charge
, or any other regional registrar's domain registration
fees. These fees are the responsibility of the Customer.
- As provided by United States federal law and by International treaties,
copyrighted materials (e.g., images, text, and programs) may not be
uploaded using Virtual Empire services without the permission of the
copyright holder. Copyrighted materials may be downloaded for personal
use. Except as expressly permitted, materials under copyright may not be
distributed to others. Copyrighted material may not be changed nor can the
author attribution notices nor the copyright notices be modified.
- The Customer agrees to maintain a secure password to his/her
account. Secure passwords are those that are between 5 and 8 characters
long, contain upper and lower case letters, and numbers or other
characters, and can not be found in direct or reverse order in a dictionary,
without regard to the language of the dictionary. Sharing passwords with other
individuals is strictly prohibited.
- The Customer agrees to use the services provided by
Virtual Empire as permitted by applicable local, state, and federal laws. The
Customer agrees, therefore, not to use these services to
conduct any business or activity or solicit the performance of any activity
that is prohibited by law.
- Virtual Empire reserves the right to refuse service to any new or existing
customer for any reason and to provide a pro-rated refund to the Customer.
- Virtual Empire reserves the right to cancel service to any existing
customer found to have seriously violated these terms. In such cases Virtual
Empire will NOT refund any remaining account balances, in fact the Customer may
be held liable for certain additional expenses caused by their violation of
these terms.
- The Customer is solely responsible for any legal liability arising
out of, or relating to, his/her web site at Virtual Empire. The Customer
represents and warrants to Virtual Empire that it holds the
necessary rights to permit the use of any of the items on his/her web site,
and, that the use, reproduction, distribution, transmission or display of any
data to the public, and any material to which the public can link through, or
any products of services made available to the public through his/her web
site, will not:
- violate any criminal laws or any rights of any third parties, including,
but not limited to, such violations as infringement or
misappropriation of any copyright, patent, trademark, trade secret,
music, image, or other proprietary or property right, false advertising,
unfair competition, defamation, business or personal dispute or
argument, invasion of privacy or rights of celebrity, violation of any
anti discrimination law or regulation, or any other right of any person
or entity, or any personal or business argument or dispute; or
- contain any material that is: unlawful, harmful, fraudulent,
threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically, disputatiously, argumentatively
or otherwise objectionable, including, without limitation, any material
that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local,
state, national or international law. Customer agrees to
indemnify and to hold Virtual Empire, and any third party entities
related to Virtual Empire, harmless from and against any and all
liability, loss, damages, claims, or causes of action, including
reasonable legal fees and expenses arising out of or related to:
The Customer's breach of any of the forgoing
representations and warranties, or
any other third party claim with respect thereto.
- The Customer understands and agrees that hosting of the
Customers's web site is at the sole discretion of Virtual Empire.
Virtual Empire may at its sole discretion discontinue web site hosting service
to any Customer operating a web site that Virtual Empire deems
to be in violation of these Terms and Conditions.
- The Customer agrees to indemnify and hold Virtual Empire, its
Executives, Directors, Officers, Managers, Employees, Consultants and
Agents, owners, harmless from any claims, including attorney's fees, resulting from
the Customer receiving Virtual Empire services which cause direct
or indirect damage to another party.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT AND UNDER NO LEGAL THEORY SHALL VIRTUAL EMPIRE BE
LIABLE TO THE CUSTOMER FOR ANY BUSINESS LOSS,
REVENUES DECREASE, EXPENSES INCREASE, COSTS OF
SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF
VIRTUAL EMPIRE'S SERVICES, EVEN IF VIRTUAL EMPIRE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
VIRTUAL EMPIRE'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE
CUSTOMER. THIS LIMITATION OF LIABILITY AND RISKS IS
REFLECTED IN THE PRICE OF VIRTUAL EMPIRE'S SERVICES.
- The Customer acknowledges that Virtual Empire makes an
honest effort to keep the information available on Virtual Empire's systems
accurate. However, Virtual Empire can make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy, or validity for the
data and/or information available. Use of information obtained from or
through Virtual Empire is at the risk of the Customer.
- The Customer acknowledges that the information available
through the interconnecting networks may not be accurate. Virtual Empire
has no ability or authority over the material. Virtual Empire can make no
warranty of any kind, either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or information residing on or passing
through these networks. Use of information obtained from or through
Virtual Empire services is at the risk of the Customer.
- The Customer understands, agrees and acknowledges that
Virtual Empire makes an honest effort to provide the Customer
with Technologies, Developments and Innovations that part of them are
being licensed, or co-branded, from or by, third-party entities. However,
Virtual Empire can make no warranty of any kind, either expressed or
implied, regarding the quality, accuracy, reliability or validity for the
application(s), data and/or information involved in such items. The use of
these application(s), data and/or information obtained from or through
Virtual Empire, or any other referred third-party, directly or indirectly, is at the
risk of the Customer.
- Service payments will be submitted in advance of the due dates assigned
by Virtual Empire.
- Virtual Empire invoices its customers via email for payments due. It is
the Customer's responsibility to ensure that Virtual Empire has a current email
address for billing purposes.
- The Customer acknowledges that he/she is responsible to
initiate a payment in order to renew his/her service once the original
service-period or free trial period has ended.
FREE Trial
- The free trial offer is for new customer (unless otherwise wavied). Free trial
is offered based on the intent of the customer to continue service after the free trial
period. If the customer exceeds trial website usage which includes substained levels of
website access, substained levels of email server usage, technical support usage or other
service related services the customer is responsible for usage charges.
- Some services are not available to free trial customers. These services include Database
access, 2nd level technical support.
- Accounts that remain unpaid after their due date are put on "accounting hold" (deactivated)
and may not be used. Accounts that remain unpaid 21 days past their due date are
automatically deleted.
- Customer Accounts that are disabled and per the request for the customer are restored to service
there will be a $20.00 setup fee plus any services fees due at that time.
- Email Abuse on our system is not tolerated. The following actions are
unacceptable under any conditions:
- Using Virtual Empire Email servers to distribute "spam" email.
- Advertising a WebSite hosted by Virtual Empire, by means of unsolicted email or
other unsolicited Advertisements such as (but not limited to) news group posts.
- Any use of Virtual Empire's system resources that disrupts the normal use of
the system for other Virtual Empire customers is considered to be abuse of
system resources and is grounds for administrative intervention. Some
examples of system abuse include spawning dozens of processes,
consuming excessive amounts of memory or CPU for long periods of time,
spamming or mass emailing using internal or external mail and/or news
servers. Without limiting the scope of the above, Virtual Empire forbids the
storage of illegal/pirated software (warez), the use of any type of IRC bot
and/or proxy (including, but not limited to, bnc and eggdrop) and the
storage and use of any type of software intended for hacking/cracking
purposes.
- Depending on the nature and the severity of the abuse, the user may
receive an E-mail warning or have their account suspended by Virtual Empire
Technical Support. If the misuse is unintentional, the suspension may be
rescinded following discussion with Virtual Empire Technical Support. If the
misuse is intentional, the suspension may be rescinded at the discretion of
the Operations Manager, and may require the payment of a service re
connection charge. Occasionally, unintentional misuse is misclassified as
intentional misuse. Customers who believe their activity has been
misclassified may appeal to the Operations Manager.
- Violations of any of the Virtual Empire conditions of use are unethical and
may be criminal offenses. You are expected to report to Virtual Empire any
information you may have concerning instances in which the conditions of
use have been or are being violated. When Virtual Empire becomes aware of
possible violations, we will initiate an investigation. At the same time, in
order to prevent further possible unauthorized activity, Virtual Empire may
suspend access to services to the individual account in question.
Confirmation of violations may result in cancellation of the individual
account and/or criminal prosecution. The account suspension may be
rescinded at the discretion of the Operations Manager, following payment of
a re connection charge.
Virtual Empire reserves the right to reject mail to or passing through
a Virtual Empire hosted domain or any Virtual Empire computer from any user,
domain, provider, IP address/netblock, or company that engages in,
permits, or allows itself to be used for SPAMMING as defined.
A list of such rejection filter(s) will be made available to
the customer per their request
Virtual Empire Affiliate services
Affiliates who refer customers to Virtual Empire will be paid a sales commission for each new account (1) with
the understand that the account will remain a customer of Virtual Empire for 1 year.
Affiliate commissions are processed once a month.
Affiliate commissions will be paid when 2 or more affiliate commissions are ready for payment per month.
Affiliate commissions are paid via US dollars with the perfered online payment gateway "Paypal" addition
payment charges pay be deducted if alternate payment options are requested.
Virtual Empire Affiliate services are based on New Account funds from affiliates. If new affiliate referral
funds are not enough to pay affiliate commissions a possible delay of commissions may arise. Commission payment will resume when more "New" Affiliate referral accounts are paid for.
Affiliate of Virtual Empire's Affiliate program are bound to a non-discloser agreement. This agreement can be found here:
Non-discloser
Affiliates who refer customers to Virtual Empire are acting as sales persons and in this repect all
customers are the sole customers of Virtual Empire. Any attempt to contact,lead away , move , change web
services would be considered a viloation of terms and is grounds for affiliate account termination, legal
action for lost income
The Usage of the Affiliate services of Virtual Empire confirms the acceptence of these affiliate policies.
Virtual Empire reserves the right to interrupt service periodically
for maintenance. Virtual Empire will do its utmost to provide 24 hours a
day, 7 days a week service.
- The Customer understands and agrees that Virtual Empire's services are
based on STANDARD Internet technologies that have been designed to work in
the Year 2000 and beyond on a "Best Efforts" basis (rather than "Contractual"
basis). Although Virtual Empire takes the Y2K issue seriously and continues to
evaluate its readiness, given the true nature of Year 2000 issues, contractual
warranties specific to Year 2000 readiness are NOT appropriate. It is a simple fact
that a single technology provider can NOT solve all issues related to the transition
to the Year 2000. Accordingly, the limited warranties for Virtual Empire's services are
set forth in the Terms & Conditions page. Virtual Empire will continue to keep its
customers informed.
- The information we disseminate about year 2000 readiness does NOT constitute
an extension of any warranty for Virtual Empire's services. Virtual Empire provides this
information to our customers to help them in evaluating and correcting potential
issues for using dates into the next century.
- The rights and liabilities of the parties hereto will bind and inure to the benefit of
their respective successors, executors and administrators, as the case may be,
provided that the Customer may not assign or delegate its rights and
obligations under his business relationships with Virtaul Empire, either in whole or in
part, without the prior written consent of Virtual Empire. Virtual Empire may assign its
rights and obligations under this Agreement to a third party in connection with a
merger, consolidation, sale of all or substantially all of Virtual Empire's assets or
other corporate reorganization.
- Any Agreement, arising from the business relationships between Virtual Empire and
the Customer, will be governed by and construed in accordance with
the laws of the State of Wisconsin (US), without reference to its
conflicts of laws principles. Customer agrees that any litigation or
arbitration between the parties will take place in Wisconsin (US), and
consent to personal jurisdiction and venue in that State. If any provision of that
Agreement is found by a court of competent jurisdiction to be unenforceable for
any reason, the remainder of that Agreement will continue in full force and effect.
- These Terms & Conditions constitute the full and complete understanding and
agreement of the Customer and Virtual Empire, relating to the subject
matter hereof, and supersedes all prior understandings, agreements,
representations and warranties relating to such subject matter. Any waiver,
modification, or amendment of any provision of this Terms & Conditions, initiated
by the Customer, will be effective only if accepted in writing and signed
by Virtual Empire.
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