*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
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,
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
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
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.
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.
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.
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
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
your poems and delete your account.
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,
use of code renders your site unusable, you agree to delete your
site and start over from scratch.
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.
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.
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
support@PoetryVine.com for assistance.
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.
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.
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.
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.
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.
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
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.
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:
Accessing data not intended for such User
or logging into a server or account, which such User is not
authorized to access.
Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any
user, host or network, including, without limitation, via
means of overloading, "flooding", "mail bombing" or
Forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup
Taking any action in order to obtain
services to which such User is not entitled.
Notification of Violation:
PoetryVine.com is under no duty to look at
each customer's or user's activities to determine if a violation
AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related
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.
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.
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.
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.
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
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.
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
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.
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
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.
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.
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.
Responsibility for Content: You, as
PoetryVine.com's customer, are solely responsible for the content
stored on and served by your PoetryVine.com server.
Windows Servers: Not Applicable.
Denial of Service: We reserve the right
to refuse service to anyone at any time for any reason.
© Copyright 2004 PoetryVine.com