Terms of Service for Video App Customers
All services provided by Video App ("Video App") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law os prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Video App from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Video App's servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- pirated software
- cracker programs or archives
- Warez sites
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $0.50 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Video App is strictly prohibited.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Video App must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Video App shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Video App by no later than the specified payment due date. Video App shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Accounts will be suspended if payment is not received within 7 days of Invoice Due Date, and account will be terminated if payment is not received within 15 days of Invoice Due Date.
Service Fees
Certain services carry a set-up fee charged by Video App to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Video App and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid Video App for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Account Deactivations
Any account deactivated or suspended due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation & Refunds
Services may only be cancelled by sending a request to billing@videoapp.net . Telephone or alternate methods are not valid and will not be honored. If a service is cancelled within 7 days of the renewal period, the service will be renewed for the following period. We DO NOT refund partial monthly fees to accounts. No refunds are given on any VPS or dedicated servers or setup fees for VPS or dedicated servers.
PLEASE NOTE: domain name registration fees WILL NOT be refunded.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at any time, at our sole discretion.
Limitation of Liability
Video App shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Video App' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Video App shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Video App' servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to support@videoapp.net . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
Video App cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Video App are resold. Thus, certain equipment, routing, software and programming used by Video App are not directly owned or written by Video App. Moreover, Video App holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Video App sees fit.
Account Activation
By activating your account with Video App, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Video App reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
For the collection and use of personal information obtained from the European Union, Video App, Inc. has committed to handling such personal information in accordance with the Safe Harbor Principles, and is a member of the European Union Safe Harbor Framework. If users feel we are violating the Safe Harbor Principles, they please contact us at info@videoapp.net . For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html