Terms of Service (TOS)

Vodien Internet Solutions provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by Vodien Internet Solutions are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Vodien Internet Solutions, from any claims resulting from the subscriber's use of Vodien Internet Solutions's services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Vodien Internet Solutions hosting account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Vodien Internet Solutions servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

• IRC software
• Pirated software
• Hacking sites, programs or archives
• Warez sites
• Phishing sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult sites
• Game Servers (dedicated game server programs)

Vodien Internet Solutions will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

The responsibility for ensuring compliance to illegal or unlawful activities rests primarily with the subscriber. Vodien will not, as a standard practice, monitor its subscribers to ensure that they comply with this policy or any applicable laws. However, when Vodien becomes aware of these activities, action may be taken to suppress these activities, including but not limited to, removing the information, shutting down an account or website, or any other action deemed appropriate.

Vodien reserves the right to directly take action against a customer of a subscriber in violation of these policies. Vodien also reserves the right to take action against the Vodien subscriber because of activities of a customer of the subscriber. Any Vodien subscribers will cooperate with Vodien in any corrective or preventive action that Vodien deems necessary. Failure to do so is a violation of Vodien's policy.

From a security standpoint, Vodien recommends that all its subscribers assume that all of their online communications are inherently insecure and take steps to enforce the security of information transmitted. Vodien cannot take any responsibility for the security of information transmitted using Vodien's facilities.

Vodien will not monitor the content of electronic messages sent or received by its subscribers unless required by law, government authority, or when public safety is at stake. To maintain the operation of Vodien's networks, and to comply with public safety, court orders, subpoenas, summons, discovery requests, warrants, statutes, regulations, or government requests, Vodien may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site residing on our servers. Vodien assumes no obligation to inform the subscriber that this information has been provided, and in some cases may be prohibited by law from giving such notice.

Vodien expects that its subscribers who provide Internet services to others have to comply fully with all applicable laws. A subscriber's failure to comply with any laws will violate Vodien policy. In subscribing to services from Vodien, subscribers indemnify Vodien for any violation of the service agreement, law, or Vodien policy, that results in loss to Vodien or the bringing of any claim against Vodien by any third-party. This means that if Vodien is sued because of a subscriber's activity or customer of a subscriber's activity, the subscriber will pay any damages awarded against Vodien, plus costs and reasonable attorneys' fees.

To report cases of prohibited content, please send an email to abuse@vodien.com, and an investigation will be conducted. Account holders in violation of any local or international law will not be condoned and will be shut down.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any Vodien Internet Solutions server or any server located on the Vodien Internet Solutions network is STRICTLY prohibited. Vodien Internet Solutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Vodien Internet Solutions.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Vodien Internet Solutions customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Vodien-hosted domain, or referencing any Vodien Internet Solutions account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate termination of the account. Vodien Internet Solutions maintains the right to cancel accounts at its discretion.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a Vodien Internet Solutions server or subscriber of Vodien Internet Solutions is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Vodien Internet Solutions and all account holders must adhere to the above policies.

Scheduled Maintenance and Downtime
Vodien Internet Solutions will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Vodien Internet Solutions's control or which are not reasonably foreseeable by Vodien Internet Solutions, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Vodien Internet Solutions will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Vodien Internet Solutions has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Backups
Only Linux-based accounts have backup services. All backup services are merely provided as a convenience to clients and Vodien Internet Solutions will not accept any liability for any loss of data. All clients are urged to perform their own backups regularly, and perform backups before any major change to their websites.

Refunds
Refunds will be given at the discretion of the Company Management. All fees outside of our 30-day money back guarantee are non-refundable and non-negotiable. The 30-day money back guarantee only pertains to shared hosting plans. Any setup fees are NON-refundable. The cost of the domain (e.g. SGD20 for .com and SGD60 for .sg) will be deducted from the refund amount if a free promotional domain was registered. Domain names are not applicable for any refunds, but the domain name will still be rightfully owned by the registrant. All credit card payments are subjected to 5% transactional charges from our payment processor, which will be deducted from the total refund amount.

Any violation of Vodien Internet Solutions's Terms of Service Agreement shall result in no refund.

Limitations on Use (Server resources / Bandwidth / Email)
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

To prevent excessive bandwidth usage in a shared environment, and to maintain the quality of data transfer rates for each shared hosting customer, certain heavy bandwidth-intensive sites are discouraged, such as, but not limited to, the following: file sharing (music, video, etc), game servers, etc. Bandwidth usage is checked daily, and successive abusers will be required to upgrade their plans, or failing that, may be subjected to immediate account suspension.

For users that require high data transfer rates, higher resources, and dedicated bandwidth, you should consider upgrading to a VPS account or Dedicated Server to ensure the best resources for your website. Dedicated bandwidth is only applicable for non shared web hosting.

Sending mass emails (more than 200 email addresses per hour) on shared hosting accounts may cause your emails to be lost or sent unsuccessfully because of the shared usage of email resources. For mass sending of emails, please purchase our hostExpert Plan for dedicated email queue (more information).

Account Setup, Termination, and Billing:
Upon submission and confirmation of your order, Vodien Internet Solutions reserves the right to process your order and invoice you for the fees. The account will be charged on the day the order is processed, regardless of the services' activation date. Our system will automatically generate the invoice when your account is due for renewal. If you wish to terminate your account, contact our billing department for termination, and upon verification, your invoice and related subscription services will be stopped.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is processed by the bank and funds are received.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the due date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted. Vodien reserves the right to invoice you for subscription fees, should there be no termination requests for your services before they expire.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Parked Domain Names: There is no charge for parking additional domain names.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are free.

Domain Name Transfers: Vodien Internet Solutions shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Courtesy Services for Customers: All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Vodien Internet Solutions is not responsible for lost data or for lost data due to third party software that is not maintained by Vodien Internet Solutions programming staff. (Cpanel is not associated with Vodien Internet Solutions)

Non-disclosure of Confidential Information: Vodien agrees not to use any Proprietary or Confidential Information ("Confidential Information") disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, maintaining and troubleshooting the customer's account.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

Service Level Agreement (SLA)

Vodien's goal is to achieve 100% Web Site Availability for all customers.

Subject to the exceptions below, if the Web Site Availability of customer's Web site is less than 100%, Vodien will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

1. Circumstances beyond Vodien's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
2. Failure of access circuits to the Vodien Network, unless such failure is caused solely by Vodien
3. Scheduled maintenance and emergency maintenance and upgrades
4. DNS issues outside the direct control of Vodien
5. Issues with FTP, POP, IMAP, or SMTP customer access
6. False SLA breaches reported as a result of outages or errors of any Vodien measurement system
7. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Vodien's Terms and Conditions and Acceptable Use Policy
8. E-mail or webmail delivery and transmission
9. DNS (Domain Name Server) Propagation
10. Outages elsewhere on the Internet that hinder access to your account. Vodien is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Vodien will guarantee only those areas considered under the control of Vodien: Vodien server links to the Internet, Vodien's routers, and Vodien's servers

Limitation of Damages
Recovery of damages from Vodien Internet Solutions may not exceed the amount of fees it has collected on the account.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Vodien Internet Solutions.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Vodien Internet Solutions administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are non-refundable and non-negotiable.

The 30-day money back guarantee only pertains to shared hosting plans.

Any violation of these Terms of Service will result in termination of the account. Vodien Internet Solutions maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

The above stated Terms of Service is correct as of 18 Aug 2010.