Terms of Service (TOS)
Member Agreement, Terms of Service (TOS) and
Acceptable Use Policy (AUP)
General
The Vixstat Terms of Service (TOS) encompasses the Member Agreement, these Terms of Service and other Acceptable Use Policies (AUP) that have been adopted by Vixstat to govern the use of your account on the Vixstat service. You cannot become a Vixstat Member until you have accepted all of the TOS of this Member Agreement. The TOS is your entire agreement with Vixstat and it solely governs your membership as a Vixstat member and customer. Additional terms and conditions associated with other services and software provided by Vixstat are also included as part of these TOS.
Vixstat reserves the right to make changes to, update, or otherwise revise any and all provisions of the TOS as necessary to keep pace with the needs of the changing online industry, our online community or for what ever reason might be necessary. Any changes shall be made with or without notice, but Vixstat will attempt to notify all members by e-mail or other communications methods of any changes which substantially or materially affect the TOS 30 days prior to any change(s) taking effect.
If you do not agree to any of the changes proposed or implemented by Vixstat or any of the TOS, your only remedy is to cancel your Vixstat membership.
Accounts
To be a Vixstat member, you must be at least 18 years old. If you are not yet eighteen years old, you may still use Vixstat, but only if the account was created and registered by your parent or guardian.
Upon completion of the Vixstat registration process, you become the “master account” holder and become responsible for any and all activity associated with your master account and its associated “sub-accounts”. Vixstat provides you with a limited, non-exclusive license for no more than the term of your membership with Vixstat to use your Username which you select for your master account. Vixstat also allows you to select for your “master account” up to four additional “sub-accounts” or Usernames of your choice. Your Username becomes your online identity within the Vixstat community and in some cases over the Internet. You may not use a Username this is used by someone else within the Vixstat community, and your Username cannot be vulgar, or be used in any way that violates the other parts of the TOS.
As the master account holder, you are responsible for all activity on and associated with your account including any of the sub-accounts, and violations or warning(s) accrued by the sub-account(s) can lead to termination of your master account. If warnings or violations are received by sub-accounts, the master account may also receive notification, but not always. You may also receive important notices about your membership from time to time that may not be provided to the sub-accounts, so it is important for you to regularly check your master account mailbox. Because you are responsible for all use of your account, you should supervise the use of your account by others. This is especially important when children are using the service; children are safer online and get more out of the experience with adult supervision. It is important that you not reveal your password to other members. You agree not to reveal your password to other users and you agree to indemnify and hold Vixstat harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating the TOS, Vixstat's express permission will be necessary before you are allowed to use Vixstat again.
Billing
Vixstat provides its service to our members for a monthly fee based on the current pricing schedule, which you agree to pay in advance each month. This fee includes a number of free hours of access time over the Vixstat network. If your master account and associated sub-accounts incur more than the number of free hours of access time on the network, Vixstat will bill your account and you agree to pay an additional surcharge per hour over the initial free hours each month. Only one account, the master account or any one of the sub-accounts, can access and be online with the Vixstat network at any one time. All sub-accounts must use the master account Username and Password to “log-on” to the Vixstat network.
Vixstat reserves the right to change our fees and billing methods at any time and upon e-mailing all members 90 days prior to any proposed change. Non-receipt of any such e-mail notice by an member shall not constitute grounds for any member to claim that no notice was given. Vixstat will make every effort to communicate its intentions with all members. If you don't like the changes in fees or billing methods, you may cancel your membership at any time, but Vixstat will not refund any remaining portion of the monthly fee when you cancel your membership and you will be responsible for any and all accrued charges associated with your account.
Vixstat has the right to collect applicable taxes and impose premium surcharges for some areas of service. Vixstat will provide notices that such content is made available for a premium charge before allowing entry and Vixstat will usually but not always secure such content by a separate Username and Password to prevent unauthorized access via your account(s). As the master account holder, you are responsible for all charges incurred, including applicable taxes and other purchases made by you or anyone you allow to use your account or sub-accounts, including your children, other members of your family or friends. Unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account or sub-account, you will be responsible for all usage and purchases under your account or sub-accounts.
Some web sites and content providers charge separate fees, which are not included in the cost of your Vixstat membership. Vixstat provides you with access to a large number of third-party vendors, who provide content, goods and/or services directly through Vixstat or the Internet. Any separate charges or obligations you incur in your dealings with these third-parties are your responsibility and are not part of the fee charged for your Vixstat membership.
Vixstat bills for your membership in advance approximately every 30 days in advance using an anniversary billing method. This means that if you began your membership on the 7th of the month, your next billing would be on the 7th of the following month, and so on. Vixstat does not provide any credits nor make additional charges for months which run longer or shorter than 30 days. Vixstat reserves the option to adjust actual billing days to the nearest business day. Vixstat accepts three forms of payment: by VISA, MasterCard, American Express or Discover; either credit, check debit or cash. Vixstat does not invoice customers for payment. Vixstat may also add additional approved payment methods at a later date.
Every time you use Vixstat and access the Vixstat network, you re-affirm that Vixstat is fully authorized to charge your credit/debit card, depending on which payment method you have selected. You also agree to authorize Vixstat to charge purchases you make online within the Vixstat service to the credit/debit card you supplied to Vixstat when you joined or to debit your checking account if you selected that option during the registration process.
Naturally, we appreciate and require that you pay your account balance in full on time. Since Vixstat bills all accounts in advance, Vixstat reserves the right to suspend the “master account” and all related “sub-accounts” for non-payment. We will give you a seven (7) day grace period to reconcile any non-payment problems. It will be your responsibility to call Vixstat Customer Service at 402 - 657-6518 to arrange for new payment arrangements. If you do not notify Vixstat and make new payment arrangements, your account will be suspended after seven (7) days for non-payment. You may re-activate your account at anytime within 60 days without penalty.
Charge-Backs & Collections
You agree that you are responsible and liable for any fees, including attorney and collection fees, that Vixstat may incur in its efforts to collect any remaining outstanding balances by you or any balances that were charged-back by your credit card company. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Vixstat's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You agree to compesate Vixstat a returned payment fee of US$35.00 for each charge-back which occurs from you credit card account and/or returned check. (See fee schedule below.)
Current Price Schedule
• Web Hosting Services - Prices as published on the Vixstat Website.
• Fee for UCE or Spam per occurance and/or complaint: $500.00
• Returned Payment Fee - $35.00 (includes returned checks or credit card charge-backs)
Content on Vixstat
An exciting aspect of the Vixstat service is that Vixstat allows you to place your own content on the Internet, either by personal web space or by assigning you your own domain. You can also place other content on Vixstat by participating in any number of online forums like e-mail, chat rooms, personal or classified ads and news groups. Such content can include but is not necessarily limited to: images, sounds, graphics or text information. In general, Vixstat does not pre-screen content made available on or through the Vixstat network nor does Vixstat assume any responsibility or liability for content provided by others. Vixstat does reserve the right to remove content that, in Vixstat's sole judgment, does not meet the standards or does not comply with Vixstat's TOS. Furthermore, Vixstat is not responsible for any failure or delay in removing such content. Also keep in mind that Vixstat is not responsible for content available over the Internet, although we unequivocally reserve the right to block any Internet content containing illegal, harmful or objectionable material or content that might otherwise be used for purposes that are unlawful or injurious to Vixstat or its members.
* Language: Mild expletives and non-sexual anatomical references are allowed, but strong vulgar language, crude or explicit sexual references, hate speech, etc. are not. If you see it on the Vixstat network, report the offender to Vixstat at customersupport@vixstat.com
* Nudity: Photos containing revealing attire or limited nudity in a scientific or artistic context may be okay in some places (not all). Partial or full frontal nudity is not okay. If you see it on the Vixstat network, report the offender to Vixstat at customersupport@vixstat.com
* Sex/Sensuality: There is a difference between affection and vulgarity. There is also a difference between a discussion of the health or emotional aspects of sex using appropriate language, and more crude conversations about sex. The former is acceptable, the latter is not. For example, in a discussion about forms of cancer, the words "breast" or "testicular" would be acceptable, but slang versions of those words would not be acceptable anywhere.
* Violence and drug abuse: Graphic images of humans being killed, such as in news accounts, may be acceptable in some areas, but blood and gore, gratuitous violence, etc., are not acceptable. Discussions about coping with drug abuse in health areas are okay, but discussions about or depictions of illegal drug abuse that imply it is acceptable are not.
Vixstat takes a very dim view of its members offering content that is objectionable or violates Vixstat's TOS. We will warn members is such content is in Vixstat's sole opinion, not in keeping with our TOS. In some serious cases, Vixstat will immediately suspend or terminate an account without warning and delete any and all such content. You agree to indemnify and hold Vixstat harmless for any suspended or terminated account and/or deleted content which Vixstat deems, in its sole opinion, a violation of its TOS. When using any Vixstat branded service, even over the Internet, your conduct is held to the Vixstat TOS and any complaints we receive from other Vixstat members or even other networks can be grounds for immediate termination of your account with Vixstat.
Online Behavior
Online behavior or “netiquette” as it is called in cyberspace, is just another aspect of content. Vixstat may also terminate your account if your online behavior is objectionable to others on the Vixstat service or other Internet sites. Vixstat uses a set of guidelines to determine whether or not an account should be terminated and these are listed below. There are some “gray areas” with regard to these guidelines and Vixstat reserves the right to determine whether or not to terminate an account on a case-by-case basis. In general, your account may be terminated if you:
* Post, transmit, promote, or distribute content that is illegal.
* Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted e-mail or online notes, don't attack their race, heritage, etc. If you disagree with someone, respond to the subject, not the person.
* Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a reasonable person's view, objectionable. Community standards may vary, but there is no place on the service where hate speech is tolerated.
* Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, etc. This is online vandalism, and it ruins the experience for others.
* Attempt to get a password, other account information, or other private information from a member. Because a member's account is that person's online existence and persona, it is sacrosanct. Don't give your password or billing information out to anyone.
Copyrights
A lot of content in cyberspace is very easy to copy and distribute. This does not make it legal. Any content that you upload or download while using the service must be authorized. You must have the legal right to upload or download the content. You may not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on Vixstat unless you have the legal right to do so. Making unauthorized copies of any content can lead to the termination of your Vixstat account and may even subject you to further legal action beyond the simple termination of your account. Other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Vixstat and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Many areas of Vixstat and the Internet are "public," like message boards, forums, or various directories, and as such, other members and the public will have access to your posted material and might copy, modify or distribute it. By submitting or posting content in these areas, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on Vixstat or the Internet, you expressly grant Vixstat the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere unless such content is expressly acknowledged beforehand as proprietary and copyrighted material.
E-mail / SPAM / Unsolicited Commercial E-mail (UCE)
Your Vixstat membership includes up to five (5) e-mail accounts that you can use to send and receive e-mail over the Internet through the username@Vixstat.com domain. You can check any of your e-mail accounts either with your favorite e-mail client program.
Vixstat has a zero-tolerance policy against unsolicited commercial e-mail (UCE) or SPAM. Spam is when you send scores, hundreds or even hundreds of thousands of e-mails all at once to other e-mail boxes for commercial or other solicitation purposes. Vixstat does not allow spam to be transmitted over our network. Period. In fact, if you want to see how fast you can get your account terminated, just start even a small spam campaign and we'll show you. We'll immediately remove your account, its content and ban you from ever subscribing to Vixstat again. It's just that easy. Vixstat may also commence legal action against you or your company.
The following rules are part of Vixstat's anti-spam policy:
* The transmission of Unsolicited Commercial Email or UCE (aka: SPAM) is strictly prohibited.
* Chain letters and pyramid schemes are not allowed. Many such things are illegal. Even the ones that aren't illegal are annoying to most people and tie up online resources, so we don't allow them. Chain e-mail which claims your will receive some benefit or gift or experience some misfortune if you do/don't forward it to X-number of friends is fraudulent and strictly prohibited.
* You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. This includes the sending of bulk e-mail. You must have permission from Vixstat and/or the person to whom you are sending the ad.
* You may NOT use Vixstat's or any other online member directory or any other online means to harvest or collect information, including usernames and e-mail addresses, about Vixstat members or other Internet users. The use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. This includes collection of names on a member web page or in chat rooms. You must also adhere to Vixstat's Privacy Policies.
Spam / UCE Penalties
Vixstat reserves the right and you agree that Vixstat has the right to charge your account and credit card up to the maximum legal penalty under the Nebraska State law or Federal law (which ever is higher), per occurance and/or complaint, if, in Vixstat's sole opinion, Vixstat determines that your account was used to send UCE / spam to non-opt-in recipients.
Software
All software provided to you by Vixstat is provided under license by the copyright owner's own license agreement which you agree to read and adhere to. Such license agreements shall be entirely subordinate to Vixstat's TOS.
Privacy Policy
We are committed to protecting your personal privacy. We understand that for you to take full advantage of the benefits of this interactive medium, we must do everything we can to ensure that your privacy is secure.
• We do not read your private online communications.
• With the exception of Cookies or specific areas, Vixstat does not use any information about where you personally go on Vixstat service or on the Internet, and we do not give it out to others.
• We do not give out your telephone number, credit card information or usernames, unless you authorize us to do so. And we give you the opportunity to correct your personal contact and billing information at any time.
• We may use information about the kinds of products you buy through Vixstat to make other marketing offers to you, unless you tell us not to. We do not give out this purchase data to others.
• We give you choices about how Vixstat uses your personal information.
• We use secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information.
• We will keep you informed, clearly and prominently, about what we do with your personal information, and we will advise you if we change our policy.
Vixstat cooperates fully with all Federal, State and Local law enforcement authorities possessing valid court orders with regard to investigations involving members on the Vixstat network.
Vixstat may on occasion use “Cookies” to make your web experience easier and more pleasurable. Cookies are tiny data files placed on your computer by our web site or other sites. Cookies are used by your web browser to automatically fill in forms, store small amounts of surfing information to take you directly to areas of the Vixstat service or other Internet areas more quickly. You can control or even disable the use of Cookies within your web browser at any time.
Vixstat reserves the right and you agree to grant Vixstat the right to maintain and store data of your account with your personal and/or business information including billing and credit card information for the purposes of Vixstat's internal accounting, reference use, marketing, consumer research, billing and archiving; even after your account has ben terminated. Vixstat shall remove any and all credit card numbers and expiration dates (save those numbers used to pay actual archived invoices, which numbers cannot be removed) from our records upon request by the owner of the credit card or account holder, PROVIDED the account was terminated while in good standing and the account's invoices have all been paid in full. You agree that this clause shall survive any termination of this agreement.
WARRANTY
MEMBER EXPRESSLY AGREES THAT THE USE OF Vixstat, Vixstat SOFTWARE, AND THE INTERNET IS AT MEMBER'S SOLE RISK. Vixstat, Vixstat SOFTWARE, Vixstat PRODUCTS, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Vixstat PROVIDES THE Vixstat SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT Vixstat WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. Vixstat'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY Vixstat SHALL BE THE REPLACEMENT OF ANY Vixstat SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Vixstat IS THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL Vixstat BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Vixstat, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH Vixstat. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Vixstat'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Vixstat DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH Vixstat AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
Upon a request by Vixstat, you agree to defend, indemnify and hold harmless Vixstat and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of Vixstat or the Internet, or in connection with your transmission of any Content on Vixstat. Vixstat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for Vixstat in that matter.
Termination and Cancellation
Either you or Vixstat may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Vixstat. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Vixstat's enforcement or application of this Agreement; (2) any policy or practice of Vixstat or Vixstat's enforcement or application of its TOS; (3) the content available through Vixstat or the Internet or any change in content provided through Vixstat; (4) your ability to access and/or use Vixstat; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your membership by delivering notice to Vixstat's Customer Service Department at (402-657-6518). Cancellation will usually take effect within 72 hours of receipt of your request, and Vixstat will not be required to send you any written confirmation. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee contact Vixstat at the toll free number above to have the charges reversed. Vixstat reserves the right to collect fees, surcharges or costs incurred before you cancel your Vixstat membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time, rebates or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active Vixstat Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with Vixstat must be concluded before you may re-register with Vixstat Communications, Inc. If your account was terminated because of gross misconduct (like spamming or illegal activity) don't bother asking us to give you another account. We won't. If we discover you have obtained an account fraudulently under an assumed name, we may seek further prosecution under the law.
Legal Notices
The Member Agreement represents your entire agreement with Vixstat. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Vixstat TOS, including Vixstat's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Nebraska, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Vixstat or relating in any way to your membership or your use of Vixstat resides in the courts of Nebraska and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Nebraska in connection with any such dispute including any claim involving Vixstat or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Vixstat any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer, available through Vixstat. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on Vixstat.
