This Terms of Service (“TOS”) and Acceptable Use Policy (“AUP”) governs the use of Virtual Developments LTD’s web hosting service.  Violation of this TOS/AUP may result in suspension or termination of your service and may result in loss of data.  In the event of a dispute between you and Virtual Developments regarding the interpretation of this TOS/AUP, Virtual Developments interpretation, in its reasonable commercial judgment, shall govern.  If you have any questions regarding this TOS/AUP, contact legal@vdevelopments.co.uk.

Offensive Content

You may not publish or transmit via Virtual Developments service any content that Virtual Developments reasonably believes:

• constitutes child pornography; this will immediately be reported to law enforcement personnel;

• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

• is defamatory or violates a person’s privacy;

• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security,  or interferes with a investigation by law enforcement;

• improperly exposes trade secrets or other confidential or proprietary information of another person;

• is intended to assist others in defeating technical copyright protections;

• clearly infringes on another person’s trade or service mark, patent, or other property right;

• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

• offers or contains pirated software, “warez” illegal media downloads, or mirrors/sites that link out to these;

• contains hacker type scripts and information;

• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Virtual Developments; or

• is otherwise malicious, fraudulent, or may result in retaliation against Virtual Developments by offended viewers;

• is deemed offensive to Virtual Developments Staff.

Disallowed Content

In addition to the offensive content described above, Virtual Developments has determined that to maintain network integrity, none of the following may be used on our shared hosting network. If you wish to use some of the below services, please contact us at support@vdevelopments.co.uk to upgrade to a VPS or dedicated server.

• Audio or video streaming sites;

• MUDs, or hosted online games;

• IRC Chat related;

• Mass Email software;

• Proxy scripts;

• Multimedia storage and download.

Content published or transmitted via Virtual Developments service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Virtual Developments.

Security

You must take reasonable security precautions.  You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain Virtual Developments advance written approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Virtual Developments reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Virtual Development’s requests to produce consent evidence within 72 hours of receipt of the request.

• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at support@vdevelopments.co.uk

• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line.  Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

• You must post an abuse@**yourdoman.co**m e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

• You must have a Privacy Policy posted for each domain associated with the mailing;

• You have the means to track anonymous complaints;

• You may not obscure the source of your e-mail in any manner.  Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Virtual Developments service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Virtual Developments service.  In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Virtual Developments may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any there networks you access or participate in using your Virtual Developments services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

• you are otherwise permitted by established United States copyright law to copy the work in that manner.
• Virtual Developments will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe a person using the Virtual Developments network is infringing your copyright, please send your written notice of copyright infringement to legal@vdevelopments.co.uk

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Virtual Development to locate the material;

• Information reasonably sufficient to permit Virtual Developments to contact you, such as an address, telephone number, and, if available, an e-mail address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNLIMITED HOSTING and what it means

The phrase Unlimited Hosting is enacted in a shared hosting environment with other customers.  While Virtual Developments makes every effort to allow for liberal usage of resources, in the event that a customers

usage of disk space, data transfer and/or processor power is adversely effecting the performance of other users on the server, Virtual Developments reserves the right to monitor, throttle or suspend the offending accounts.

Rest assured if this happens we will work with you to find an amicable solution, whether it involves changing some settings, removing some plugins or upgrading to a VPS or Dedicated server.

Domain Names

Certain web hosting plans include a “free” domain name with the purchase of the plan.  This domain is only free for the first year of service at which time the customer will have to renew the domain at stated rates. In the event of a refund for web hosting services, Virtual Developments will deduct the price of the domain registration fee from the refund to cover costs associated with registering the domain name on behalf of the customer.

You must have valid and current information on file with your domain name registrar for any domain hosted on the Virtual Developments network.

Registration of .UK domains

By Registering a .UK domain you as a customer must ensure that you abide by the terms set out by the registry Nominet and are obligated to follow them and Virtual Developments terms to ensure your domain registration service is is not interrupted. Nominets Terms and Conditions of Domain Name Registration can be found here.

Failure to abide by these terms can result in a domain data quality lock or removal of the domain registration.

Domain Renewals

Upon the approach of the renewal date of your domain you will be notified at the following intervals before automatic domain renewal is processed.

First Renewal Notice             60 days before the renewal date
Second Renewal Notice        30 days before the renewal date
Third Renewal Notice            15 days before the renewal date
Fourth Renewal Notice           7 days before the renewal date

Up until 24 hours before your domain is due for renewal you will have the opportunity to cancel the renewal.

Domain Expirations 

Upon cancellation of your domain you will lose functionality of any services including emails, and web hosting however data already hosted on us will be unaffected.

Should your payment method on file be rejected, the domain will not be renewed and will be left to expire and will eventually be released. This may result is someone else registering your domain and you being unable to recover it. Should this occur, Virtual Developments IT Solutions Ltd will not be liable for any damages in result of losing the domain.

Cancellation

Cancellation of your account constitutes forfeiture of all services provided by Virtual Developments effective immediately. Virtual Developments is under no obligation to retain files from a cancelled account. The Customer is advised to backup to their own hard drive or other form of media, all Customer’s files residing on the Virtual Developments servers before canceling their account. If the account is past the 15-day refund period and the Customer still confirms they wish to cancel, the Customer acknowledges that they are forfeiting all access to their hosting account, and they forfeit the remainder of time between the cancellation date and the next renewal date indicated on the original invoice for the hosting purchase. There are no prorated refunds. Cancellations can be requested by opening a support ticket at http://Virtual Developments.com/support.

Money Back Policy

Virtual Developments do not provide a money back guarantee.  If for any reason you wish to cancel our service you will be subject to loss of any previous payments, should you feel we have failed to provide a service you have paid for please contact our customer service department.

Customer Service Level Commitment 

On the phone
We aim to answer all calls and to try to resolve the call at first point of contact.

In writing (e-mails, tickets and contact form submissions)

• All tickets and e-mails will be replied to as soon as possible but within a maximum of 5 business days of their receipt.

• If a reply cannot be sent within this timescale, an acknowledgement will be sent specifying a target date for the response.

• We try to use plain language and avoid jargon or abbreviations (without proper explanation).

• We will put a reference on your letters/e mails so that they are easy to trace if necessary.

Disclaimer

Virtual Developments is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Virtual Developments network.

Governing Location of Dispute

In the event of any legal dispute, the appointed place of dispute will be in United Kingdom, the location of Virtual Developments worldwide headquarters. All legal motions and complaints must be filed there.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL VIRTUAL DEVELOPMENTS (INCLUDING, WITHOUT LIMITATION, VIRTUAL DEVELOPMENTS EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Virtual Developments SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR VIRTUAL DEVELOPMENTS  SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY VIRTUAL DEVELOPMENTS  SERVICES EVEN IF VIRTUAL DEVELOPMENTS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIRTUAL DEVELOPMENTS  TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR VIRTUAL DEVELOPMENTS SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY VIRTUAL DEVELOPMENTS OR VIRTUAL DEVELOPMENTS  REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

Virtual Developments may, without notice to customer, discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Virtual Developments services. Certain changes to Virtual Developments services may affect the operation of customers’ personalised applications and content. Each customer is solely responsible, and Virtual Developments is not liable, for any and all such personalised applications and content.

Inquiries regarding this policy should be directed to our Support Desk.