Terms of Service (TOS)

You must be 18 to use this site.

PoetryVine complies with our internet providers TOS in entirety.  Users of PoetryVine agree to abide by the TOS:

 
 
TERMS OF SERVICE (TOS)

 

IMPORTANT NOTICE: *All Payments To PoetryVine.com Are Non-Refundable*  - You must be 18 to use this site.

PoetryVine.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of PoetryVine.com Service constitutes acceptance and agreement to PoetryVine.com's AUP as well as PoetryVine.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of PoetryVine.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.


You agree not to threaten PoetryVine.com, members, owners, hosting companies, and affiliated sites in anyway. Threats of legal action or other threats may result in immediate site deletion without warning to the member or user. PoetryVine, owners, hosting companies, and affiliated sites determine what constitutes a violation of this provision.

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

If at any time You do not agree to be bound by these Rules, You should immediately end Your use of the Service. PoetryVine may change the Rules and the scope of the Services in whole or in part, at any time without notice. Such changes will be posted on the Site using this page and such posting will constitute notice to You.



This Agreement shall be construed in all respects in accordance with the laws of the state of Missouri, county of Christian applicable to contracts enforceable in that state. Venue will be Christian County, Missouri.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition PoetryVine.com shall have the right to terminate all service set forth in this Agreement.

     

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

     

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by PoetryVine.com may be subject to future city, state and/or federal taxes.  Although not currently subject to tax, and example tax amount is:   tax rate as imposed by the City of Houston, State of Texas which is currently 8.25%. 80% of the monthly service charge is subject to the 8.25% tax rate, while the remaining 20% of the monthly service charge is not taxed. 100% of the setup fee is subject to the 8.25% tax rate. The above applies to all accounts and services provided by PoetryVine.com.

     

  4. Payments and Fees: Credit cards that are declined for any reason are subject to a PayPal declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to Paypal late fees. Accounts that are not collectable by PoetryVine.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

     

  5. Refund and Disputes: All payments to PoetryVine.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in PoetryVine.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay PoetryVine.com an "Administrative Fee" of not less than $50 and not more than $150.

     

  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

     

  7. Account Cancellation: You can cancel your account by deleting all of your poetry on the site, deleting your site using your control panel, and  by canceling your subscription via PayPal.

    PoetryVine.com's preferred method of cancellation is via the members section of your PoetryVine.com account. Please log into the members section at www.PoetryVine.com, delete your poems and delete your account.

     

  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred.  In no event shall the company be liable for any special or consequential damages, loss or injury.

    We do not provide support for the included open source forum or for subscribers' use of computer code to include HTML, CSS, JavaScript, and any other computer code.  In the event your use of code renders your site unusable, you agree to delete your site and start over from scratch.
     

  9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by PoetryVine.com on behalf of the account holder a handling fee will be incurred.

     

  10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to PoetryVine.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by PoetryVine.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

     

  11. Support Boundaries: PoetryVine.com, provides email technical support to our subscribers. We generally answer questions within 48 hours. We limit our technical support to our area of expertise. The following is our guidelines when providing support: PoetryVine.com provides support related to your server or virtual site physical functioning. PoetryVine.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. PoetryVine.com does not provide technical support for YOUR customers. If you can email, we encourage you to email support@PoetryVine.com for assistance. As of Jan. 1, 2014, Anthony manages most Ad Free correspondence and subscriptions. You can contact Anthony using your PayPal subscription contact email address for poetryPoem.
     

  12. SPAM and Unsolicited Commercial Email (UCE): PoetryVine.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of PoetryVine.com may not use or permit others to use our network to transact in UCE. Customers of PoetryVine.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

     

    1. Violation of PoetryVine.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PoetryVine.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, PoetryVine.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PoetryVine.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, PoetryVine.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PoetryVine.com will notify law enforcement officials if the violation is believed to be a criminal offense.

       

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that PoetryVine.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

       

    3. As our Customers are ultimately responsible for the actions of their clients over the PoetryVine.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, any site that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

     

  13. Network

     

    1. IP Address Ownership: If PoetryVine.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to PoetryVine.com, and Customer shall have no right to use that Internet Protocol address except as permitted by PoetryVine.com in its sole discretion in connection with the Services, during the term of this Agreement. PoetryVine.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by PoetryVine.com, and PoetryVine.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
       

    2. Bandwidth and Disk Usage: Customer agrees that they will not post more than 600 poems on their site and will limit their monthly page views to 100,000 and will pay a $2 fee for each additional 100,000 monthly page views. Assuming the size of each poem is 100K, that would give you 60,000,000 bytes of storage and 80,000,000,000 bits of monthly transfer. Page views are determined by the STATS section available to customers on their Poetry Control Panel. Customer agrees they will not exceed 50,000 registered users on their forum and that they will not send a forum wide email more than 1 time each week. Customer agrees to pay an additional $10 US monthly for each group of over 50,000 members and for each group of 4 monthly forum wide emails sent above the allocated 4 monthly emails. Customer agrees the forum database will not exceed 100 MB or average over 200 post per day as determined by their forum admin statistics page. Customer agrees to pay $10 US monthly for each additional 100 MB of forum storage over the allocated amount up to a maximum of 1000 MB. Customer agrees to pay $10 US monthly for each group of 200 average daily posts over the allocated amount. PoetryVine.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in PoetryVine.com's sole and absolute discretion. If PoetryVine.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, PoetryVine.com may, at its sole discretion, collect a deposit, in an amount determined by PoetryVine.com, against customer's credit card on file with PoetryVine.com or request payment using PayPal.

       

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the PoetryVine.com Network. Violations of system or network security may result in civil or criminal liability. PoetryVine.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

       

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

         

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         

      5. Taking any action in order to obtain services to which such User is not entitled.


     

  14. Notification of Violation:

     

    1. PoetryVine.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

       

    2. First violation: Any User, which PoetryVine.com determines to have violated any element of this Acceptable Use Policy, shall be deleted. At our discrection, we may send an email, warning them of the violation. The service may be subject at PoetryVine.com's discretion to a temporary suspension pending a User's agreement - in writing, to refrain from any further violations.

       

    3. Second Violation: Users that PoetryVine.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

       

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


     

  15. Suspension of Service or Cancellation: PoetryVine.com reserves the right to suspend network access to any customer if in the judgment of the PoetryVine.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which PoetryVine.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

     

  16. PoetryVine.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of PoetryVine.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

     

  17. Indemnification: PoetryVine.com wishes to emphasize that in agreeing to the PoetryVine.com Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies PoetryVine.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to PoetryVine.com or the bringing of any claim against PoetryVine.com by any third-party. This means that if PoetryVine.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against PoetryVine.com, plus all costs and attorney's fees.

     

  18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

     

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

       

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

       

    3. PoetryVine.com takes no responsibility for any material input by others and not posted to the PoetryVine.com Network by PoetryVine.com. PoetryVine.com is not responsible for the content of any other websites linked to the PoetryVine.com Network; links are provided as Internet navigation tools only. PoetryVine.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

       

    4. PoetryVine.com is not responsible for any damages your business may suffer. PoetryVine.com does not make implied or written warranties for any of our services. PoetryVine.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PoetryVine.com.

       

    5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

       

  19. Responsibility for Content: You, as PoetryVine.com's customer, are solely responsible for the content stored on and served by your PoetryVine.com server.

     

  20. Windows Servers: Not Applicable.

     

  21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

     

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