Acceptable Use Policy
Hamanaka Services, referred to here as "VERTUALIZE.COM", and its services, is governed by the below Acceptable Use Policy (AUP).

This document was last updated on: April 24, 2009.

1. Terms of Service

VERTUALIZE.COM provides worldwide webpage hosting and monthly support. VERTUALIZE.COM reserves the right to suspend or cancel a customer's access to any or all services provided by VERTUALIZE.COM at any time without notice or reason. VERTUALIZE.COM also reserves the right to cancel or suspend a customer’s account if they breach this AUP.  While we do provide a secure back up service, your data is your responsibility and you must maintain your own backups, if you default on hosting payments we are unable to maintain the facilities necessary and will first suspend, then delete your account.  We will spend every effort possible to make sure that you have sent us written confirmation to delete your account data.

2. Account-Holder Identification Information

  • You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age.
  • If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name.
  • You agree to supply VERTUALIZE.COM with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current at all times.
  • You also agree that you are an authorized user of any credit card that you supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
  • VERTUALIZE.COM reserves the right to refuse service to anyone without notice or reason.

3. Sharing or Reselling of Account

You are the individual solely responsible for all use of the account, whether someone you have given access to the account causes damage or not. You understand this includes, but is not limited to, breach of the hosting account due to negligence on your part.

4. Account Setup

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.

5. No warranties

  • VERTUALIZE.COM makes no warranties or representations of any kind for the services being offered.
  • The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
  • No advice or information given by VERTUALIZE.COM or its agents or employees shall create a warranty.
  • VERTUALIZE.COM provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.
  • Under no circumstances shall VERTUALIZE.COM be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

6. Resource Usage Users may not initiate the following:

 

  • Run any process that requires more than 32MB of memory space, more than 15 CPU seconds, or use more than 5% of all available system resources at any time.
  • Run any type of interactive real-time chat applications that requires server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any process which interacts with the MySQL Database Management Server using persistent connections.
  • The use of persistent connections to connect to the MySQL Database Management Server on VERTUALIZE.COM servers is strictly prohibited.
  • Any account found to be in violation of this policy will be immediately suspended.

     

7. Account Use VERTUALIZE.COM does not allow any of the following content to be hosted:


  • Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

  • Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of VERTUALIZE.COM.
  • Unethical Content - Content that is reported as unethical will be thoroughly screened. The designation of "unethical content" is left entirely to the discretion of VERTUALIZE.COM.
  • Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

  • Other Material - Any material we feel to be abusive, effect or could effect the operation of the service and/or effect other internet users. The designation of "abusive" is left entirely to the discretion of VERTUALIZE.COM. All rights reserved.

  • Shell (SSH) Access - A valid reason must be provided for this service to be enabled. VERTUALIZE.COM reserves the right to not enable it or disable it at anytime. Misuse (Spamming etc.) of this service may lead to a fine and/or legal action. This service is not enabled as default.


8. Termination of Account

VERTUALIZE.COM reserves the right to terminate any account at anytime and without notice or reason. All rights reserved.

9. Zero Tolerance Spam Policy

  • We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam.
  • Any user who sends out spam will have their account terminated without notice.
  • VERTUALIZE.COM reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion.
  • VERTUALIZE.COM also reserves the right to make any such modifications in an emergency at our sole discretion and at the discretion of our vendors.
  • VERTUALIZE.COM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee.
  • This cost of the “clean up fee” is left entirely to the discretion of VERTUALIZE.COM.
  • All rights reserved.

10. Mass-mailing lists

No account hosted on VERTUALIZE.COM servers may send in excess of one-hundred (100) emails per ten (10) minutes or one thousand (1000) emails per twenty-four (24) hours. Any account found in violation of this policy will be immediately suspended.

11. Payment Information

You agree to supply appropriate payment for the support and hosting services received from VERTUALIZE.COM, in advance of the time period during which such services are provided.  In otherwords, a payment must be received before the first day of the month for which services are going to used. You agree that until and unless you notify VERTUALIZE.COM of your desire to cancel any or all services received, those services will be billed on a monthly recurring basis.
VERTUALIZE.COM reserves the right to change the monthly payment amount and any other charges at anytime.

12. Backups and Data Loss

Your use of the service is at your sole risk. VERTUALIZE.COM is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VERTUALIZE.COM servers.

13. Cancellation and Refunds

  • VERTUALIZE.COM reserves the right to cancel the account at any time.
  • Customers may cancel their account at any time.
  • VERTUALIZE.COM gives you an unconditional 5 day money back guarantee.
    • Refund requests after 5 days will not be negotiated.
  • Accounts cancelled/terminated by VERTUALIZE.COM do not qualify for the 5 day money back guarantee.
    • Only first-time accounts are eligible for a refund.
  • For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  • Accounts where a domain is purchased through VERTUALIZE.COM do not qualify for the money back guarantee.
  • No refund will be given in this circumstance.

14. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, automatically upgrade your account to the next plan, terminate the account and/or charge you an additional fee for the overages.  The bandwidth usage over the allocated amount is payable and at the sole discretion of VERTUALIZE.COM

15. Indemnification

Customer agrees that it shall defend, indemnify, save and hold VERTUALIZE.COM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VERTUALIZE.COM, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VERTUALIZE.COM against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VERTUALIZE.COM's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from VERTUALIZE.COM server.

16. Disclaimer

VERTUALIZE.COM will not be responsible for any damages your business may suffer. VERTUALIZE.COM makes no warranties of any kind, expressed or implied for services we provide. VERTUALIZE.COM disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by VERTUALIZE.COM, its employees, and it's vendors.

17. Changes to the AUP

VERTUALIZE.COM reserves the right to revise its policies at any time without notice.