Terms of Service “TOS”
Vastspace Pte. Ltd. primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.
In pursuit of our primary objective, Vastspace agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Vastspace’s service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Vastspace’s TOS and incorporated herein by reference. Vastspace reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.
30-Day Money Back Guarantee
Vastspace offers its subscribers a “30-Day Money Back Guarantee.” This guarantee allows the subscriber to purchase Vastspace’s services with full confidence and zero-risk. Consequently, the subscriber may request for subscription fee refund within 30 days of initial sign-up and be refunded fees paid to-date, exclude setup fees and less any additional over-usage and free domain registration costs (see section I.D below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at any time within the 30 days of the commencement of service if the subscriber is not satisfied with Vastspace’s services. If the 30-day service of the subscription has been exceeded, the subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via email as a request at [email protected]
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Vastspace could improve service.
Backups and data files
Vastspace is not responsible for any data stored using our hardware, server or services. The subscriber takes or has sole discretion on backup their data and files whichever method preferred by the subscriber. This event does not apply to Fully managed subscribers.
Vastspace takes the best effort on functionality and working email servers or services. However, we are unable to guarantee email deliveries have involved 3rd parties or beyond Vastspace’s networks. The events have included receiving parties email server rejection, blockage, blacklist or any form of Disallowed Email Delivery, senders will seek assistance from the recipients in these circumstances.
Vastspace utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Vastspace, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Vastspace. New domains and renewed domain cannot be cancelled and receive a full refund after placing an order. If you cancel your Vastspace service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through Vastspace. Domain names are only registered for a finite period of time.
Upon becoming a domain customer of Vastspace, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of thirty (30) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the “Whois” registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
Renewal of Service
Upon expiry of the initial term, the subscription for the Service shall be automatically renewed for a further term on the same terms and conditions herein, unless Vastspace or the Customer gives written notice at least 14 days before the expiry of the current term that it does not intend to renew the subscription for the Service. The Customer will incur charges for 100% of each month’s fee for the remaining contract term if early termination of service is effected by the Customer.
Refund Procedure on Ancillary Products
Vastspace may, from time to time, offer customers the option to add services to their account and shall pass along, to its customers, the terms under which the product is sold or subscribed. For example, if the terms of sale include no refund on an early termination, the customer shall receive no refund from either Vastspace or the product vendor in the event of an early termination by the customer.
Trial Hosting at Vastspace
Vastspace is offering to new customers, for a limited time, the opportunity to experience Vastspace services on a trial basis–free of charge–for a period of 7 days. After this 7 day period, the free trial ends and the customer has the option to remain with Vastspace and select a hosting plan that meets his needs or terminate the hosting services completely.
If the customer chooses to remain with Vastspace, he can accomplish this in two ways:
- the customer can do nothing and the plan will automatically renew prior to the end of the free trial period; or
- the customer can affirmatively upgrade to a paid plan and indicate his acceptance of the plan and his agreement to becoming a customer.
If the customer decides to cancel the free trial period and not become a paying customer of Vastspace, he can cancel the trial period at any time. He can also reinstate at any time prior to the free trial expiration date.
- Cancellation will automatically occur if the customer violates the Terms of Service at any time during the free trial period.
- Cancellation will also automatically occur if the customer billing information is no longer valid at the end of the free trial period.
Use of Website
Prohibition of Adult Content : Subscribers of Vastspace’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. 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.
Prohibition of Protected Healthcare Information: Subscribers of Vastspace’s services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act (“HIPAA”).
Prohibition of Offensive Behavior: Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
Age Requirements on Purchases
All subscribers must be of adult age in the subscribers’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
- Intellectual Property Provisions
Subscribers of Vastspace’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
Fair usage policy
Vastspace offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity. The intention of Vastspace is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.
It is acknowledged by users of Vastspace services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Vastspace servers.
It is also acknowledged by users of Vastspace services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Vastspace takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Vastspace services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Vastspace, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Vastspace reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites 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. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Vastspace.
If a “Fair-Use” breach occurs, which’s determination is solely up to Vastspace, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by Vastspace, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Vastspace may have to take.
SPAM and Unsolicited Commercial Email (UCE)
Vastspace takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Vastspace may not use, or permit others to use, our network to partake in UCE distribution. Customers of Vastspace may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Vastspace will initiate an immediate investigation. During the investigation, Vastspace may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Vastspace may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, Vastspace reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Vastspace will notify law enforcement officials if the violation is believed to be a criminal offense.
Prohibited Scripts and Applications
Vastspace strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of stated charges by Vastspace. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.
Failure to Pay
Vastspace may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
A subscriber may cancel his account at any time online via his account control panel. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Vastspace could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Vastspace and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Vastspace shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Vastspace. Subscriber further acknowledges that the Vastspace’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 Vastspace be liable for any special or consequential damages, loss or injury.
Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Vastspace’s DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers cannot be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Vastspace on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.
Some of Vastspace services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of subscriber’s website or the services to which you subscribe.
IP Address Ownership : If Vastspace assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Vastspace and the subscriber shall have no right to use that IP address except as permitted by Vastspace. Vastspace shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Vastspace. Vastspace reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Data Transfer and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Vastspace will monitor subscriber’s bandwidth and disk usage. Vastspace shall have the right to take corrective action if subscriber’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 Vastspace’s sole and absolute discretion, at any time deemed necessary by Vastspace. If Vastspace takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, subscriber will be warned of approaching or exceeded resource limits via email by Vastspace’s automated notification system.
System and Network Security: Subscribers or any network users are prohibited from violating or attempting to violate the security of Vastspace’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Vastspace will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
- Accessing data not intended for such subscriber or logging into a server or account, which such subscriber 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 subscriber, 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 subscriber is not entitled.
Use of Dedicated IPs
Subscriber agrees to only use a dedicated IP address for hosting domain names that are registered. Additionally, the domain must either point to Vastspace’s nameservers, or the A record must point to the dedicated IP address assigned to that domain in the control panel. If any of these qualifications are not met, Vastspace reserves the right to switch the assigned dedicated IP address to a shared IP.
Network Access – SPAM or Denial of Service Complaints
Vastspace reserves 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. In particular, if open relays are on your network or a customer’s network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Vastspace will contact the subscriber as soon as it is feasible.
Suspension of Service or Cancellation
Vastspace reserves the right to suspend network access to any subscriber if in the judgment of Vastspace, the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Vastspace deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.
Subscriber must provide Vastspace real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
- Vastspace takes no responsibility for any material placed on its network by others. Vastspace is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Vastspace disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
- Vastspace’s subscribers are not permitted to run IRC servers.
- Furthermore, Vastspace reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.
Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Vastspace may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorney’s fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
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 governing laws of Singapore. Courts of competent jurisdiction in Republic of Singapore shall hear and decide any disputes.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Vastspace servers).
Vastspace is NOT RESPONSIBLE for any lost files, information or data.
Vastspace makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although Vastspace backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Vastspace does not guarantee to possess the most current copy of a subscriber’s website in its own backups.
Non-Existing User Pages
Vastspace reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Vastspace to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.
All users of Vastspace services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Vastspace provided content.