Virtual Cobalts >> Billing Policy / Acceptance Policy

Billing Policy

Prompt Payment

Client must promptly remit payment to VirtualCobalts when it is due. If payment or credit authorization is not received by the date due, VirtualCobalts reserves the right to delete all content from the Client's website and make it inaccessible to Client. Furthermore, VirtualCobalts shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.

Domain Names

If Client chooses to register a domain name's) through VirtualCobalts, Client acknowledges and agrees that Client will pay a registration fee's) to register the domain name's) with the applicable domain name registrar. VirtualCobalts does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Client liability and Indemnification

The parties agree that in no event shall VirtualCobalts be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless VirtualCobalts from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

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

• any injury to person or property caused by any products sold or otherwise distributed in connection with VirtualCobalts Services
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
• copyright infringement and any defective products sold to customer from VirtualCobalts servers
• VirtualCobalts shall be the sole judge of what violates this Policy

Term, Termination & Cancellation

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall continue in effect for a period of no less than one (1) year unless otherwise specified by separate agreement or unless terminated earlier pursuant to the provisions of this agreement .

 Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the VirtualCobalts billing department. VirtualCobalts will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from VirtualCobalts that account has been cancelled. If the Client has not 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 termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to VirtualCobalts. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void.

Client liability and Indemnification

Client liability and Indemnification shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of VirtualCobalts service to other clients, VirtualCobalts reserves the right to immediately terminate this agreement.

Taxes

Client will pay and indemnify and hold VirtualCobalts harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES THE VIRTUALCOBALTS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE VIRTUALCOBALTS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. VIRTUALCOBALTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIRTUALCOBALTS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND
• THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. LIMITATION OF LIABILITY IN NO EVENT SHALL VIRTUALCOBALTS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE VIRTUALCOBALTS SITE OR ANY VIRTUALCOBALTS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL VIRTUALCOBALTS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. 

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by VirtualCobalts. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules.

This Agreement and VirtualCobalts policies are subject to change by VirtualCobalts without notice. Continued usage of the Services after a change to this Agreement by VirtualCobalts or after a new policy is implemented and posted on the VirtualCobalts Site constitutes your acceptance of such change or policy. We encourage you to regularly check the VirtualCobalts Site for any changes or additions With these objectives in mind the following regulations apply to all VirtualCobalts Customers.

• Ensure the security and privacy of VirtualCobalts web-hosting customers.
• Maintain consistently high bandwidth to all VirtualCobalts customers.
• To ensure that all VirtualCobalts operations are conducted within all State and Federal regulations. This includes, but is not limited to, obscenity, espionage, and fraud.
• Keep the Internet a productive and satisfactory experience not only for VirtualCobalts customers but for the general public as well.

With these objectives in mind the following regulations apply to all VirtualCobalts Customers. The term "Customer" herein refers to you -- the person (OR PERSONS) purchasing the web site and who is/are responsible for its operation. The following regulations apply without exception to all VirtualCobalts customers:

General Business Practices

• Customers are prohibited from transmitting on or through any of VirtualCobalts services, any material that is, in VirtualCobalts sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
• VirtualCobalts services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. VirtualCobalts reserves the right to remove such illegal material from its servers.
• Customer is responsible for keeping their billing data with VirtualCobalts up-to-date and accurate. Furnishing false data to VirtualCobalts in applying for any of its services, is grounds for immediate termination and may subject the offender to civil or criminal liability.
• Customer is responsible for keeping their account paid in a timely manner. VirtualCobalts will provide no more than three e-mail warnings to Customer in the event of overdue accounts. After final warning, services can be terminated at any time at VirtualCobalts sole discretion.
• Electronic mail (E-Mail) is the default medium for all communications between Customer and VirtualCobalts.

Security

• Customers may not use VirtualCobalts network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer; logging into a server or account the Customer is not expressly authorized to access; password cracking; probing the security of other networks in search of weakness; or violation of any other organization's security policy. VirtualCobalts reserves the right to disable without prior notification any Customer site which engages in such conduct.
• Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to: flooding; mail bombing; or other deliberate attempts to overload or crash a host or network.
• VirtualCobalts will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.

E-Mail

• VirtualCobalts has zero tolerance for Unsolicited Commercial Email (UCE also known as SPAM) which originates from any VirtualCobalts site. Customers are prohibited from using UCE as a means of advertising data or services hosted on VirtualCobalts network, or using the network to distribute such materials. Infringements of this policy can result in any one of the following:
  • A warning from VirtualCobalts, via E-mail or phone.
  • removal of DNS for the advertised / originating site.
  • Temporary shutdown of the web site or a block on outgoing mail.
  • Permanent disconnection of service.
• Infringements of this policy include, but are not limited to:
  • Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
  • Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted by VirtualCobalts to users that have not specifically requested this mail.
  • Forging of message headers to mask the originator of the message.
  • Distributing software designed to aid in the delivery of UCE.
• VirtualCobalts is sole owner of any VirtualCobalts e-mail name.
• VirtualCobalts prohibits anyone (including VirtualCobalts) from reselling or giving any email addresses to email lists.
• Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
• Harassment, whether through language, frequency, or size of messages, is prohibited.
• These rules apply to other types of Internet-based message distribution.