Terms of Services

Last Updated: June 1, 2024

All services provided by "VernalWeb" may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any law of Bangladesh Govt. is 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 VernalWeb 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 VernalWeb' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 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.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of VernalWeb is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

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 VernalWeb 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, VernalWeb 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 VernalWeb by no later than the specified payment due date. You are not allowed to transfer any service to anywhere with due invoice. VernalWeb 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.

Service Fees

Certain services carry a setup fee charged by VernalWeb 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 VernalWeb 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.

NOTE: Paysafecard payments cannot be refunded as the payment processor does not provide this option but we can refund your payment into your client area and use the funds to buy another service.


Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

VernalWeb shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from VernalWeb ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, VernalWeb 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 VernalWeb' servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to sales@vernalweb.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

VernalWeb 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 VernalWeb are resold. Thus, certain equipment, routing, software and programming used by VernalWeb are not directly owned or written by VernalWeb. Moreover, VernalWeb 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 VernalWeb sees fit.

Account Activation

By activating your account with VernalWeb, 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.

Server Uptime Guarantee

VernalWeb guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

VernalWeb 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.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: sales@vernalweb.com

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, VernalWeb offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. VernalWeb respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, VernalWeb reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, VernalWeb has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using VernalWeb' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that VernalWeb cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because VernalWeb cannot monitor or censor the Internet, and will not attempt to do so, VernalWeb cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that VernalWeb does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over VernalWeb' network and may reach a large number of people, including both subscribers and non-subscribers of VernalWeb, subscribers' postings to the Internet may affect other subscribers and may affect VernalWeb' goodwill, business, reputation or operations. For these reasons, subscribers violate VernalWeb policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Scope of Suspension or Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for VernalWeb to suspend or terminate your account. You agree that VernalWeb has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

  • Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
  • Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
  • Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters or any duplicative or unsolicited messages (commercial or otherwise).
  • Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
  • Using your hosting as a file or image hosting service.
  • Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
  • Using the service to host phishing content.
  • Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
  • Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
  • Uploading, linking to or storing warez, cracks or other pirated software.
  • Assisting in or directly distributing copyrighted material.
  • Excessively using the Service in such a way as to limit the bandwidth available to others.
  • Providing fake or incomplete contact details, including name, postal address and telephone number.
  • Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
  • Using the Service for unauthorised relays through any third party systems.
  • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
  • Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
  • Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
  • Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
  • Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  • Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
  • Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
  • Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
  • No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, VernalWeb may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
  • Security - You agree not to access or attempt to access private areas of the Service. You agree to notify VernalWeb as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
  • Intellectual Property - VernalWeb does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@vernalweb.com.
  • Continuing a specific identification of the allegedly infringing material and the location(s) on VernalWeb facilities where the materials are to be found. Upon receipt of such written notice, VernalWeb will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If VernalWeb receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, VernalWeb will send you a copy of that notification. Unless you notify VernalWeb of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
  • Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by VernalWeb, neither VernalWeb nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.VernalWeb neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that VernalWeb is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on VernalWeb equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless VernalWeb and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
  • You agree that, should you use the Service to send or receive voice communications, VernalWeb is not acting as a telecommunications carrier or telephone , that there is no representation made by VernalWeb as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that VernalWeb has no liability of any sort for the failure or lack of quality of such use of the Service.
  • You agree to be liable for any damages or loss of service which results in damages to VernalWeb as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that VernalWeb may pursue any such claims against you in Court.
  • You agree that in no event will VernalWeb have financial liability to you.
Other Activities

Engaging in activities, whether lawful or unlawful, that VernalWeb determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. VernalWeb will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with VernalWeb' policy or applicable law. However, when VernalWeb becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by VernalWeb.

VernalWeb is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching VernalWeb' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. VernalWeb does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. VernalWeb reserves the right to directly take action against a customer of its subscribers. Also, VernalWeb may take action against the VernalWeb' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, VernalWeb anticipates that subscribers who offer Internet services will cooperate with VernalWeb in any corrective or preventive action that VernalWeb deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of VernalWeb policy.

VernalWeb will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. VernalWeb may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, VernalWeb may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. VernalWeb assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, VernalWeb may disclose subscriber information or information transmitted over its network where necessary to protect VernalWeb and others from harm, or where such disclosure is necessary to the proper operation of the system. However, VernalWeb will never sell information to other services or outside companies.

VernalWeb expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate VernalWeb policy. Finally, VernalWeb wishes to emphasize that, in signing the Service Agreement, subscribers indemnify VernalWeb for any violation of the Service Agreement, law or VernalWeb policy resulting in loss to VernalWeb or the bringing of any claim against VernalWeb by any third party. This means that, if VernalWeb is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against VernalWeb, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including VernalWeb and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to sales@vernalweb.com.