VTWServers.com, VTW Holdings Inc. ("The Company") agrees to
furnish services to the Subscriber, subject to the
Use of VTWServers.com Service constitutes acceptance and
agreement to VTWServers.com's AUP as well as VTWServers.com's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of VTWServers.com, Inc. 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 state of Illinois, Cook County applicable
to contracts enforceable in that state. Venue will be Cook
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 VTWServers.com shall have the right to terminate all
service set forth in this Agreement.
2. 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.
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. Subscriber agrees that The Company automatically
charges subscriber`s credit card every month. VTWServers.com
reserves the right to process client credit cards from 1 to 5
days before the actual due date to ensure that the funds are
received by the due date.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a
$1.00 declination fee. Service will be interrupted on accounts
that reach 4 days past due. Service interrupted for nonpayment
is subject to a $50 reconnect charge. Accounts not paid by due
date are subject to a $25 late fee. Accounts that are not
collectable by VTWServers.com may be turned over to an outside
collection agency for collection.
5. Refund and Disputes
All payments to VTWServers.com, Inc. are nonrefundable. This
includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must be
reported within 30 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in
VTWServers.com's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay
VTWServers.com an "Administrative Fee" of not less than $50 and
not more than $150.
6. 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.
7. Account Cancellation
All requests for canceling accounts must be made via email to
with at least 7 days prior to billing date. You must have all
account information to cancel.
8. Subscriber Notice
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons.
Therefore, subscriber agrees that the company shall not be
liable for any damages. In no event shall the company be liable
for any special or consequential damages, loss or injury.
The Company does not send out invoices automatically. If a
subscriber needs an invoice , they can request one at
10. Datacenter Public Access
We do not provide any public access to our Datacenter at this
11. Support Boundaries
VTWServers.com, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings
when we close our center.) All servers housed at our facility
are unmanaged, VTWServers.com only ensures that the server is
online and is remotely accessible.. VTWServers.com does not
offer tech support for application specific issues such as cgi
programming, html or any other such issue. VTWServers.com does
not provide technical support for YOUR customers. If you can
email, we encourage you to email
12. SPAM and Unsolicited Commercial
VTWServers.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 VTWServers.com may not
use or permit others to use our network to transact in UCE.
Customers of VTWServers.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.
13. Violation of Spam Policy
Violation of VTWServers.com's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, VTWServers.com will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
VTWServers.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, VTWServers.com may, at its sole
discretion, restrict, suspend or terminate customer's account.
Further, VTWServers.com reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. VTWServers.com will notify law
enforcement officials if the violation is believed to be a
b. First violations of this policy 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. 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
VTWServers.com personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions
of their clients over the VTWServers.com network, it is
advisable that Customers develop a similar, or stricter, policy
for their clients.
14. IMPORTANT NOTICE
Anyone hosting websites or services on their server that support
spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their server immediately
removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL traces of
the offending material immediately upon reconnection and agree
to allow us access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently removed from our
network without notice.
a. IP Address Ownership: If VTWServers.com assigns Customer an
Internet Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to
VTWServers.com, and Customer shall have no right to use that
Internet Protocol address except as permitted by VTWServers.com
in its sole discretion in connection with the Services, during
the term of this Agreement. VTWServers.com shall maintain and
control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by VTWServers.com, and
VTWServers.com reserves 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 ARIN's new policies. These new 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. All IPs
that are allocated to client must be utilized within 48 hours.
If allocated IPs are not utilized within this time frame The
Company reserves the right to retract IPs that are not being
utilized without notifying the client
b. Bandwidth Usage. VTWServers.com will monitor Customer's
bandwidth. VTWServers.com shall have the right to take
corrective action if Customer's usage negatively impacts other
c. System and Network Security: Users are prohibited from
violating or attempting to violate the security of the
VTWServers.com Network. Violations of system or network security
may result in civil or criminal liability. VTWServers.com 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:
i. Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
iii. Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such
User is not entitled.
16. Notification of Violation
a. VTWServers.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.
b. First violation: Any User, which VTWServers.com 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 VTWServers.com's discretion to a temporary
suspension pending a User's agreement in writing, to refrain
from any further violations.
c. Second Violation: Users that VTWServers.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.
d. 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. 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 you. If we do this,
we will contact you as soon as is feasible.
17. Suspension of Service or
DCservers.net LLC reserves the right to suspend network access
to any customer if in the judgment of the VTWServers.com network
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 VTWServers.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
Customers of colocation servers must make arrangements for the
server to be picked up and removed from VTWServers.com. The
server will be considered abandoned and forfeited after 30 day
18. Policy Changes
VTWServers.com reserves the right to amend its policies at any
time. All Sub-Networks, resellers and unmanaged servers of
VTWServers.com must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of
your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called
VTWServers.com wishes to emphasize that in agreeing to the
VTWServers.com Acceptable Use Policy (AUP) and Terms of Service
(ToS), customer indemnifies VTWServers.com for any violation of
the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to VTWServers.com or the bringing of any claim
against VTWServers.com by any third-party. This means that if
VTWServers.com is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded
against VTWServers.com, plus all costs and attorney's fees.
a Customer acknowledges that the service provided is of such a
that service can be interrupted for many different reasons and
interruptions can be prolonged due to external or internal
Therefore, subscriber agrees that the VTWServers.com shall not
liable for any damages arising from such loss of service for any
In no event shall the company be liable for any special or
damages, loss or injury.
b Customer acknowledges that colocation servers can be damaged
shipping and handling of the colocation servers. Customer shall
VTWServers.com liable for damage to any colocation server for
reason. The customer is responsible for insuring the monetary
value the of the colocation server for the value of the server.
In no event shall
the company be liable for any special or consequential damages,
loss or injury.
20. 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. 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.
b. 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.
c. VTWServers.com takes no responsibility for any material input
by others and not posted to the VTWServers.com Network by
VTWServers.com. VTWServers.com is not responsible for the
content of any other websites linked to the VTWServers.com
Network; links are provided as Internet navigation tools only.
VTWServers.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.
d. VTWServers.com is not responsible for any damages your
business may suffer. VTWServers.com does not make implied or
written warranties for any of our services. VTWServers.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 VTWServers.com.
21. Unmetered Bandwidth
VTWServers.com does not charge any overage fees regardless of
customer`s bandwidth usage if customers purchase the unmetered
1Gbit unmetered service plan
Each server is connected via private (non-shared) 1Gbit port to
our 70Gbit backbone which is shared by all servers that have
subscribed to unmetered service plan. The bandwidth is NOT
Servers on 1Gbit unmetered plan can expect average 30TB/monthly
throughput on outbound transfer (from the server to the
internet) and up to 300TB/monthly throughput on inbound transfer
(from the internet to the server)
100Mbit unmetered service plan
Each server is connected via private (non-shared) 100Mbit port
to our 70Gbit backbone which is shared by all servers that have
subscribed to unmetered service plan. The bandwidth is NOT
Servers on 100Mbit unmetered plan can expect average
5000GB-9000GB/monthly throughput on outbound transfer (from the
server to the internet) and up to 30TB/monthly throughput on
inbound transfer (from the internet to the server)
22. Dedicated bandwidth
Dedicated / non-oversubscribed bandwidth is available at
$12/Mbit with minimum 30Mbit commitment