Virtual IT Managers, Inc. Hosting agrees to furnish services to the Subscriber, subject to the TOS (Terms of Service).

Use of Virtual IT Managers, Inc. Hosting Service constitutes acceptance and agreement to Virtual IT Managers, Inc. Hosting's Acceptable Use Policy (AUP) as well as Virtual IT Managers, Inc. Hosting's TOS (Terms of Service).

All provisions are subject to the TOS (Terms of Service) of Virtual IT Managers, Inc. Hosting 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 a non-payment.

Illegal activities: The AUP specifically prohibits the use of our services for illegal activities. Therefore, client 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 client. In addition Virtual IT Managers, Inc. Hosting shall have the right to terminate all service set forth in this Agreement.

Rates: Client 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 hosting accounts from time to time on the web site. Any client who has signed up at a certain monthly pricing rate and hosting account specification size will remain on that pricing/specification for a time period of at least 12 months from signup - of course you may upgrade to a new hosting offer during this time if required. Our advertised hosting plans may increase or decrease in price at anytime depending on the current market.

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 depending of course on how often the account is billed ie the plan billing schedule. The above applies to all hosting accounts provided by Virtual IT Managers, Inc. Hosting.

Payments and Fees: Service will be interrupted on accounts that reach 7 days past due without a response from that client with an explanation of the billing problem (each case will be evaluated and this period could be as long as 30 days without interruption) Accounts that are not collectable by Virtual IT Managers, Inc. Hosting 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 $5 or more than $50. If you desire to cancel your account, please email cancelaccount@virtualitmanagers.com with your request.

Refund and Disputes: If during the first 30 days as a Virtual IT Managers, Inc. customer, we do not provide the services we offer to a satisfactory level of uptime, you can cancel your account and we will refund your money in full for that month's service if the reason is VALID. Not being bothered to use a hosting account or being unable to change your DNS name servers on your domain name will not be considered valid reasons for a refund. Basically refunds will ONLY be given for a sub standard % uptime provided by us or the downtime of our web site builder. Note: Any domain name purchased at our site is final. Domain registrations will not be refunded.

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 any collection fees involved.

Account Cancellation: All requests to cancel accounts can be sent via email to accounts@virtualitmanages.com . You must provide all account information to cancel. (include full name/address, hosting plan, domain name) Hosting clients must contact us and request to cancel. No refunds for month/months of hosting will be given on accounts that the client has decided they were not using the account anymore and should not of had to pay for those months. It is your responsibility to cancel your hosting account if its no longer required or being used by yourself not ours and you will not be refunded for months were you did not cancel (using the account or not) All accounts cancelled will receive a cancellation confirmation email within 24 hours.

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. Subscriber acknowledges that Virtual IT Managers, Inc. Hosting can cancel your account at anytime. Examples of this would be threats, blackmail, spamming, mail-bombing, slander, fraud, and offensive behavior.

Refusal of service: Virtual IT Managers, Inc. Hosting reserves the right to refuse, cancel, refund or suspend clients hosting service at our sole discretion.

Support Boundaries: Virtual IT Managers, Inc. Hosting, provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Virtual IT Managers, Inc. Hosting provides support related to your virtual site physical functioning. Virtual IT Managers, Inc. Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Virtual IT Managers, Inc. Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email support@virtualitmanagers.com for assistance.

SPAM and Unsolicited Commercial Email (UCE): Virtual IT Managers, Inc. Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM using our servers. Very simply this means that customers of Virtual IT Managers, Inc. Hosting may not use or permit others to use our servers to transact in UCE. Customers of Virtual IT Managers, Inc. Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Spam email sent from other servers that includes your domain on our server is regarded as spamming from our server and there is no difference. Serious spam complaints will result in the offending domain name being deleted at once. Quite simply do not send spam email from our server or anyone else’s server.

Violation of Virtual IT Managers, Inc. Hosting SPAM policy will result in severe penalties: Upon notification of an alleged violation of our SPAM policy, Virtual IT Managers, Inc. Hosting will initiate an immediate investigation (within 24 hours of notification). During the investigation, Virtual IT Managers, Inc. Hosting may restrict customer access to the server to prevent further violations. If a customer is found to be in violation of our SPAM policy, Virtual IT Managers, Inc. Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Virtual IT Managers, Inc. Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the Virtual IT Managers, Inc. Hosting servers, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Server Backups : Virtual IT Managers, Inc. server backups can only restore the entire server data at once (i.e. a total hard drive failure). Server backups are run nightly. We cannot restore single files that clients have deleted by accident. It is always best to keep a fresh backup of your site and MySQL databases on your own computer, regardless of where you host your domain.

IP Address Ownership: If Virtual IT Managers, Inc. Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Virtual IT Managers, Inc. Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Virtual IT Managers, Inc. Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Virtual IT Managers, Inc. Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Virtual IT Managers, Inc. Hosting, and Virtual IT Managers, Inc. Hosting 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. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Virtual IT Managers, Inc. Hosting will monitor Customer's bandwidth and disk usage. Virtual IT Managers, Inc. Hosting 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 Virtual IT Managers, Inc. Hosting's sole and absolute discretion. If Virtual IT Managers, Inc. Hosting 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.

Charge-backs : If customers do a charge-back our collection agency will charge an extra $85.00 collection fee in addition to the original fee on EVERY CHARGE-BACK ORDER if we believe you have purchased the product and did a charge-back in bad faith.

Account domain name changes: If you decide that you want to change the domain name hosted with us these changes will incur a $15.00 set up fee. These changes will take time to do and that is why there has to be a set up fee involved as we do not charge any set up on the original domain. Client will be responsible for moving any content from original domain to their new domain. Accounts cannot be switched from one control panel type to another.

System and Network Security: Users are prohibited from violating or attempting to violate the security of Virtual IT Managers, Inc. Hosting servers. Violations of system or network security may result in civil or criminal liability. Virtual IT Managers, Inc. Hosting 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 "crashing".

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

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

Notification of Violation: Virtual IT Managers, Inc. Hosting 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.

First violation: Any User, which Virtual IT Managers, Inc. Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Virtual IT Managers, Inc. Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Virtual IT Managers, Inc. Hosting 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 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: Virtual IT Managers, Inc. Hosting reserves the right to suspend server access to any customer if in the judgment of the Virtual IT Managers, Inc. Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the Acceptable Use Policy (AUP) or for any other reason which Virtual IT Managers, Inc. Hosting 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 accounts were suspended. Virtual IT Managers, Inc. Hosting can and will cancel a hosting account if the client is deemed rude/offensive to members of Virtual IT Managers, Inc. Hosting staff (time will be provided for removal of files between 24-72 hrs depending on the individual circumstances).

Virtual IT Managers, Inc. Hosting reserves the right to amend its policies at any time: All hosting accounts including resellers of Virtual IT Managers, Inc. Hosting 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.

Indemnification: Virtual IT Managers, Inc. Hosting wishes to emphasize that in agreeing to the Virtual IT Managers, Inc. Hosting Acceptable Use Policy and Terms of Service, customer indemnifies Virtual IT Managers, Inc. Hosting for any violation of the Acceptable Use Policy and Terms of Service that results in loss to Virtual IT Managers, Inc. Hosting or the bringing of any claim against Virtual IT Managers, Inc. Hosting by any third-party. This means that if Virtual IT Managers, Inc. Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Virtual IT Managers, Inc. Hosting, 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 of preference.

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 obligation.

Virtual IT Managers, Inc. Hosting is not responsible for the content of any other websites linked to the Virtual IT Managers, Inc. Hosting servers; links are provided as Internet navigation tools only. Virtual IT Managers, Inc. Hosting 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.

Virtual IT Managers, Inc. Hosting is not responsible for any damages your business may suffer. Virtual IT Managers, Inc. Hosting does not make implied or written warranties for any of our services. Virtual IT Managers, Inc. Hosting 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 Virtual IT Managers, Inc. Hosting.

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

Responsibility for Content: You, as Virtual IT Managers, Inc. Hosting customer, are solely responsible for the content stored on and served by your Virtual IT Managers, Inc. Hosting account.