Virtual Link Hosting and https://virtuallinkhosting.com and associated applications or dashboards (hereinafter “VLH Web Site“), are operated by Virtual Link Hosting Services Inc. (hereinafter “VLH“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the VLH Web Site, and to your use of the services offered through the VLH Web Site. By using any of the services or products provided or serviced by VLH, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.

The present Terms and Conditions have last been modified on February 25, 2024 and apply to all users.

1. Terms and Conditions

You must read and accept the present Terms and Conditions, Privacy Policy and Acceptable Use Policy before you can use the VLH Web Site or any VLH services. By accessing and continuing to use any VLH services, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use any VLH services.

VLH may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. VLH may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but VLH will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the VLH Web Site.

1.1. Eligibility Criteria of VLH Services

The services offered through the VLH Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the VLH Web Site only with the permission and under the supervision of your parents or legal guardian. VLH also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.

2. Account Creation, Maintenance, Modification and Cancellation

2.1. Account Creation

You can create an account by filling in the form provided on the VLH Web Site. Fees associated with our services can also be found on our web site at https://virtuallinkhosting.com .

2.2. Accurate Information

You agree to maintain accurate information in your Client Area profile at https://virtuallinkhosting.com/customer-dashboard/ while you are using VLH services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information in your Client Area within ten days of any change.

You agree that VLH may use and rely on any such information provided by you for all purposes in connection with your services, subject to VLH’s Privacy Policy (https://virtuallinkhosting.com/privacy-policy). Should you provide any information that is inaccurate, misleading or incomplete, or if VLH has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, VLH has the right, in its sole discretion, to suspend or terminate its services and/or close your account.

2.3. Account Maintenance and Security

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.

You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify VLH immediately of any unauthorized use of your account or of any other breach of security. You agree VLH will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by VLH or another party due to someone else using your Account Access Information. VLH advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the VLH infrastructure in any way.

While VLH has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold VLH liable for any errors or interruption of services, whether within or outside of VLH’s reasonable control.

2.4. Responsibility for Content

You agree that you are solely responsible for the content stored on and served on your VLH account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. VLH disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at 

[[ https://VLH.ca/legal/aup ]] 

2.5. Account Suspension and Cancellation

VLH can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.

VLH will attempt to notify you in case of account suspensions or cancellations. In some circumstances, VLH may suspend an account without prior warning to avoid serious harm or service degradation.

You may cancel your account and prevent an automatic renewal by requesting a cancellation through the Client Area at least 15 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a VLH agent to properly identify the account in question, including your full domain name and hosting account type.

2.6. Backups

For certain services, VLH provides courtesy backups to help protect your data.

However, backups can occasionally fail. Under no circumstance will VLH be held responsible for any loss resulting from incomplete or incorrect backups. By using VLH services, you agree to maintain complete backups on your own computers of all data stored on VLH servers.

Backups for: Hubs Hosting, Web Hosting, Reseller Hosting, WordPress Hosting & Email Hosting

VLH performs regular courtesy backups of data stored on certain types of services, including Hubs hosting, web hosting and mail hosting accounts. Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts found to be using more resources or disk space than the backup service allows may have the backup service disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team, and in some instances VLH Customer Service can be in contact to find or propose an alternative solution if a recurring issue is discovered.

VLH relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to VLH’s support team.

3. Privacy Policy

VLH is committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult https://VLH.ca/legal/privacy-policy.

4. Acceptable Use Policy

In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other VLH clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://VLH.ca/legal/aup.

6. SSL Certificates

The use and installation of SSL Certificates offered by VLH are subject to the terms and conditions of their respective issuers. Following an SSL purchase, a VLH technician will request a certificate on your behalf and attempt to complete its installation on your account. If you have requested a Dedicated IP address during your SSL order, your Web Site may experience up to 12 hours of downtime during the SSL installation process, due to a process called DNS Propagation.

Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that was requested during your order. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted https protocol throughout your website. 

7. Professional Services and Support

Professional Services Support is a paid service offered by VLH in order to provide you with technical assistance, systems administration, 3D design, coding and any other services relating to operating your hubs sites, outside of the scope of our standard hosting technical support. Professional Services and Support is billed in 30 minute-increments or ‘blocks’, Blocks are available for purchase through the VLH Web Site. Scopes of work will be based on the number of blocks to complete tasks, and will be estimated through written communications prior to the start of work. If an online consultation (via internet or phone)  is required, a VLH agent will schedule a time and provide assistance for a duration that does not exceed two blocks.

VLH cannot guarantee any specific results with their Professional Services and Support. While our team will attempt to complete any task in the time they have available, the results will depend entirely on the complexity of the project and the available time-frame. If we’re unable to complete the required work in the allotted time slot, we’ll let you know and provide you with options.

Professional Services and Support is non-refundable once the requested work has been completed. Customers with larger projects exceeding four or more billable hours (eight blocks) will have their project scope broken into smaller incremental deliverables or ‘phases’ and you will be asked to purchase enough blocks to cover each phase ahead of phase delivery or stakeholder review.

8. Dedicated IP Address

All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN (https://www.arin.net/policy/nrpm.html).

If any dedicated IP addresses are assigned to your hosting account, at additional cost. VLH reserves the right to evaluate the pertinence of any dedicated IP address request and deny such requests if they do not comply with ARIN regulations. VLH retains full control and rights to the IP addresses assigned to you at all times and reserves the right to modify or remove assigned addresses with prior notice.

A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation.

 

9. Support

9.1. Response to technical support in 24 hours or less

VLH guarantees a response to technical support questions received through our Customer Help system within a maximum of 24 hours (although we normally reply much faster than that!). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us or that fall outside the scope of our service support, requests that have been responded to but require additional resolution time, or requests that cannot be answered due to causes outside of our direct control.

10. Renewals

VLH will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we’ll send you an email with a copy of the invoice and will also make the invoice available in your Client Area.

Unless otherwise requested, VLH will attempt to charge the payment method on file on your invoice’s due date. If you do not wish to renew a service, please submit a service cancellation request or update your service’s auto-renewal settings through the Client Area at least 15 days prior to your service’s renewal date in order to avoid being charged for its renewal. Once charged, renewals are non-refundable.

By making any purchase by credit card or by adding a valid credit card to your Client Area, you authorize VLH to automatically attempt to charge this credit card for any upcoming or overdue invoices on your account, until otherwise requested. You may manage and remove your credit card information on file from your Client Area at any time.

You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at VLH’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.

Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at VLH’s sole discretion. Reactivating suspended services may incur additional fees.

11. Payments

VLH accepts payments by credit card (Visa, Mastercard, American Express) or Google Pay. All payments must be made in United States dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$35.00, plus taxes. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments. 

Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details in your Client Area. Special pricing promotions cannot be applied to renewals unless stated otherwise. VLH reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at VLH’s sole discretion.

12. Refund Policy

Refunds may be considered on a case by case basis if requested, however most VLH service offerings should come with no expectation of refund or discount once payment is applied due to commodity and operating cost being fixed and applied on demand or/and in close to real time.

The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated or provisioned servers (including any associated control panel and Operating System licensing fees). System Administrator Help or Professional Services Support blocks purchased, or any other setup and migration fees are non-refundable.

If a service that is non-refundable was offered at a discounted rate when packaged with another product, the original full value of said service will be withheld from any refunded amount.

VLH will not issue refunds for the same type of product more than once per account.

Billing errors can be refunded for a maximum retroactive period of 3 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact VLH as quickly as possible to correct the error.

13. Chargebacks and Reversals

In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.

All services on your account may be suspended until the chargeback fee is settled in full.

14. Disclaimer and Limitation of Liability

19.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, VLH DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY VLH, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE VLH Web Site, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE VLH Web Site, THE USER EXPRESSLY AGREES THAT VLH MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY VLH, EITHER DIRECTLY OR THROUGH A RESELLER AND THE VLH Web Site’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE VLH Web Site AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE VLH Web Site, VLH INCLUDES LINKS TO OTHER WEB SITES FOR WHICH VLH HAS NO CONTROL. VLH DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST VLH IN CONNECTION WITH SUCH WEB SITES; AND (iii), VLH MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. VLH DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

19.2. VLH WILL IN NO EVENT BE LIABLE REGARDING THE VLH WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF VLH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

19.3. ALTHOUGH VLH ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT VLH NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.

15. Entire Agreement

This Agreement, and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, VLH MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.

16. Force Majeure

VLH will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold VLH liable for any of the consequences of such interruptions.

17. Trademarks and Copyrights

The names Virtual Link Hosting Services Inc., VLH, virtuallinkhosting.com, as well as the logos associated with these names are trademarks owned by VLH. Any use of these trademarks is strictly prohibited without the prior written consent of VLH. In addition, all names and trademarks belonging to third parties and appearing on the VLH Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The VLH Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2024, VLH ALL RIGHTS RESERVED. You can view and download the information contained on the VLH Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without VLH’s prior written consent is prohibited.

18. Questions and Concerns

If you would like more information about VLH’s Terms and Conditions, please contact VLH via our helpdesk and we will deploy our best efforts to assist you.

19. Complaints

Complaints or policy violations must be reported to [email protected] or by mail at Virtual Link Hosting Services Inc. 231 Snowsell St N, Kelowna, BC, V1V 2E3

20. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

21. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the Province of British Columbia, including disputes regarding the Agreement’s interpretation and its effects.

22. Non-Solicitation of Employees

During the time you are a client with us and for 12 months following you are not permitted to:

  1. Encourage or solicit an Employee to complete work for you outside of the Company;
  2. Recruit or attempt to recruit an Employee of the Company;
  3. Hire or engage an Employee or former Employee whose employment agreement will have ended less than one year prior to the date of recruitment.

23. Respectful Communications

We strictly prohibit any form of verbal abuse either from or towards our team members and clients. This includes but is not limited to, offensive, threatening, or discriminatory language, profanity, personal attacks, intimidation, or any form of harassment.

Denounce with righteous indignation and dislike men who are beguiled and demoralized by the charms pleasure moment so blinded desire that they cannot foresee the pain and trouble.
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