Terms Of Service

Visions Encoded agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).

Use of Visions Encoded services and resources constitutes acceptance and agreement to Visions Encoded’s Terms Of Service & Acceptable Use Policy.

All provisions of contracts with Visions Encoded are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of Visions Encoded. Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination.

1. Disclosure: The subscriber gives Visions Encoded consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, Visions Encoded reserves the right to terminate all services to this account without refund.

2. Service Rates: The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that Visions Encoded may from time to time change the specified rates and charges. All offers are contingent on Visions Encoded meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.

3. Payment: Establishment of services is dependent upon receipt by Visions Encoded of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. All services provided by Visions Encoded are billed in United States currency (USD) unless otherwise stated at time of purchase. Residents of Canada are subject to 7% GST on all purchases.

4. Payments and Fee’s: Credit cards which are declined may be subject to a $15.00 declination fee. Payments on credit cards which are reversed for any reason will be subjected to a $100.00 reversal fee. Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 reconnection fee. Accounts which are not paid by their due date are subject to a $15.00 late fee. Any additional service fee’s, including technical support, bandwidth overage charges, and other additional fines, or fee’s will be charged at the end of the month, or at Visions Encoded’s discretion. Accounts which can not be collected by Visions Encoded may be turned over to an outside collection agency, and the subscriber agrees to pay a $100.00 Collection Fee.

5. Refunds and Disputes: All payments to Visions Encoded are non-refundable unless stated otherwise by Visions Encoded at the time of the dispute. All disputes of charges must be reported within 45 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at Visions Encoded’s sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms Of Service (TOS), the subscriber agrees to pay Visions Encoded a $100.00 reversal fee.

6. Failure to Pay: Visions Encoded reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges, plus reasonable interest and all collection fee’s. Visions Encoded reserves the right to retain any and/or all of a customers equipment in the event of failure to pay. Should the customer fail to make upon appropriate payment arrangements with Visions Encoded within 60 days, Visions Encoded reserves the right to liquidate customer equipment, in part, or in whole, to repay overdue accounts.

7. Account Cancellation: All requests concerning account cancellations must be sent to Visions Encoded with at least 15 days notice, but not more then 45 days notice. All account cancellations must be confirmed with Visions Encoded. When requesting an account cancellation, the subscriber must have all information relating to their

account on hand for verification.

8. Availability of Services: The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of Visions Encoded. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that Visions Encoded shall not be liable for damages arising from causes beyond the direct and exclusive control of Visions Encoded. The subscriber also acknowledges that Visions Encoded’s liability for it’s own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no event whatsoever shall Visions Encoded be responsible or liable for any special or consequential damages, loss, or injury.

9. Domain Related: All accounts involving the registration, or transfer of an existing domain name will be set up and entered into Visions Encoded’s DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications

transfer of domain should take more then 7 days, and the subscriber cancels service before 60 days have incurred all charges will be considered valid and earned.

10. Support Boundaries: Visions Encoded reserves the right to limit it’s technical support to it’s area of expertise. Visions Encoded provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals.

11. SPAM: The subscriber acknowledges that Visions Encoded defines “SPAM” e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.

12. Internet Protocol (IP) Address Ownership: All Internet Protocol (IP) addresses which are assigned to subscribers belong only to Visions Encoded and it’s suppliers. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by Visions Encoded in it’s sole discretion. Visions Encoded shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assign’s.

13. Bandwidth/Disk: The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay Visions Encoded the respective “overage” charges which have been communicated, and/or made available to the subscriber. Visions Encoded reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fee’s paid in advance prior to such corrective action.

14. Offensive Materials: Visions Encoded reserves the right to remove any and all materials which are deemed to be offensive by Visions Encoded. The subscriber is aware that Visions Encoded may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should Visions Encoded choose to take any action relating to materials or content which Visions Encoded deems as offensive shall not entitle the subscriber to a refund of any form.

15. Violation of Terms Of Service/Acceptable Use Policy: Visions Encoded is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. Visions Encoded assumes no responsibility though its Acceptable Use Policy (AUP) to monitor or ‘police’ Internet-related activities. The subscriber is aware that Visions Encoded shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that Visions Encoded is under no obligation to provide “warnings” under any circumstances. Visions Encoded may choose to “warn” subscribers Visions Encoded feels that the subscriber may be breaking the Acceptable Use Policy (AUP).

16. Appearance and Network Protection: Visions Encoded reserves the right to protect it’s network, resources, and services from influences which threaten to disrupt, or degrade Visions Encoded’s network, resources, or services. The subscriber is aware that Visions Encoded may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to Visions Encoded’s resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of Visions Encoded, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using Visions Encoded’s services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxy’s/relays.

17. Service Cancellation/Suspension: Visions Encoded reserves the right to cancel or suspend any subscribers service which Visions Encoded feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons Visions Encoded chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of Visions Encoded’s investigation. Visions Encoded will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.

18. Indemnification: The subscriber indemnifies Visions Encoded for any violation of the Acceptable Use Policy (AUP) and Terms Of Service (TOS) that results in loss to Visions Encoded, or the bringing of any claim against Visions Encoded by any third-party. If any damages are awarded against Visions Encoded as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against Visions Encoded, and all attorneys fee’s.

19. Waiver: The subscriber understands that should Visions Encoded choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP).

20. Transfer of Ownership: The subscriber shall not transfer, or assign this agreement without the prior written consent of Visions Encoded. Visions Encoded reserves the right to cancel customers rights under this contract at anytime without further obligation.

21. Damages: Visions Encoded is not responsible for any damages which may damage the subscribers business. Visions Encoded does not make any written or implied warranties for any services it may offer. Visions Encoded denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by Visions Encoded

22. Content: The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through Visions Encoded’s services and/or resources.

23. Personal Information: The subscriber grants Visions Encoded consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that Visions Encoded may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents Visions Encoded to automatically bill the subscriber for all recurring services, and/or additional charges, expenses, or penalties.