Acceptable Use Policy

Below is the black and white details of our Acceptable Use Policy that are agreed and bound to when using our services. Please read and understand our AUP carefully before signing up and using our services.

Offensive Content

You may not publish or transmit via VINISCO’s service any content that VINISCO LLC reasonably believes:

• constitutes child pornography;
• 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;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to VINISCO LLC; or
• is otherwise malicious, fraudulent, or may result in retaliation against VINISCO LLC by offended viewers.

Content “published or transmitted” via VINISCO's 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 VINISCO LLC.

Examples of unacceptable material

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities

Internet Relay Chat (IRC)

Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxys), or servers, of any kind.

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 VINISCO’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to VINISCO’s 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 VINISCO’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 abuse@**yourdomain.com**.”
• 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@**yourdomain.com** 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 VINISCO 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 VINISCO service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

VINISCO 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 other network you access or participate in using your VINISCO’s 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.

VINISCO will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the VINISCO network, please send your written notice of copyright infringement to: [email protected]

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 VINISCO to locate the material;
• Information reasonably sufficient to permit VINISCO 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.

Other

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

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanor.

Disclaimer

VINISCO 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 VINISCO network.

Inquiries regarding this policy should be directed to [email protected]

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to VINISCO and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the VINISCO’s network and/or services.
• Use of VINISCO’s network and/or systems in a way that unreasonably interferes with VINISCO’s other customers use of the same resources.

All services are automatically renewed on their renewal date after the initial term. The next renewal dates are included in every invoice. All service renewals will be invoiced 7 days before their renewal date unless other arrangements have been made or a cancellation request has been filed before . Cancellation requests must be received up to seven days prior to the next package renewal date in order to not be automatically billed for the next renewal period. Domain renewals are processed at least 30 days before the domain expiration date. Requests to cancel a domain registration must be submitted 30 days before the domain expiration date. Once an invoice is generated and paid, a domain renewal cannot be cancelled or refund issued.

Payment

All charges are shown in US dollars. Payments must be made in US dollars and drawn from an institution we accept. Exchange rates vary and are determined by the issuing financial institution. We accept payment via Visa, MasterCard, Discover, American Express, PayPal, check or money order. When choosing a credit card as the primary method of payment, the customer gives consent to VINISCO to charge the indicated card on the due date of any invoices on the account. It is the customer’s responsibility to keep all credit card and contact information current. If you do not wish to be billed automatically then you need to ensure you de-select the subscription option when checking out.

Payment is due on the renewal due date of the invoice. Accounts that have any invoices that are more than 3 days overdue will be marked as overdue and a 10% charge will be subjected to your invoice. If payment is still not received after 5 days your service will be suspended unless prior arrangements have been made. Accounts that have invoices over 15 days overdue will be subject to termination. All data in these accounts will be removed from our servers and will be permanently lost.

In the event that the customer does not pay for services provided, VINISCO may assign unpaid late fees to a collection agency for retrieval. The customer agrees to reimburse VINISCO for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses if legal action is necessary to collect payment on balances due. Returned or bounced checks will incur a $25.00 fee per instance.

Upgrades and Downgrades

Upgrades become effective only after payment for the package upgrade cost or difference is paid. In the event of a downgrade, a pro-rated credit for unused time will be issued to your account. Refunds will not be issued.

Cancellation

If there is an issue with your account or support, we’d be happy to resolve any questions or concerns you may have and are always going far up and beyond to ensure we keep you a satisfied and happy customer. Customer is free to cancel their account at any time by logging into their control panel and canceling under their service page. Similarly, VINISCO reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of the Agreement as defined in section “Suspension/Termination” on our TOS page.

Dedicated server customers are required to submit service cancellations requests at least 30 days prior to its next monthly billing cycle. No refunds or credits are given on dedicated servers. The only time we will issue a refund is in the event we are unable to provide the server ordered due to physically being out of stock for an extensive period of time.

30 Day Money Back Guarantee

If an account with a thirty (30) day money-back guarantee is purchased and canceled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, licenses, or any fees for additional services that are purchased in the first thirty (30) days.

The money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. VINISCO reserves the right to determine the definition of first-time accounts. If you cancel your account after the first thirty days have passed, or after your account is renewed then we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration, transfer and SSL certificates, or any additional licenses are non-refundable.

No refund will be honored on Dedicated servers, the 30 day money back guarantee does not apply. All PayPal processing fees that are no longer refunded, will be evenly split between sender and recipient.

Billing Errors

If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at https://www.VINISCO.com/support/. We will honor invoice errors as long as we are notified of them within 60 days. If more than 60 days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice.

Chargebacks/Payment Reversals

Charge Back Fee: $50.00

Customer and VINISCO.com agree that the actual damages to VINISCO.com resulting from late payment by Customer would be impractical and difficult to determine, and that the above described late fees and charges represent a reasonable and bargained for estimate of those damages at the time this contract is agreed to. VINISCO may reject the future use of credit cards from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or credit card or PayPal payment reversal, the account related to the payment may be suspended.