You agree that your use of VirtualStreamz services shall be at your sole risk. All services provided by VirtualStreamz are available as is, without warranty.
VirtualStreamz does not host, provide, archive, store, or distribute media of any kind, and acts merely as an index (or directory) of media posted by other enthusiasts on the internet, which is completely outside of our control.
VirtualStreamz respects the rights of others and prohibits the use of referenced material for any purpose other than that for which it is intended (where such use is lawful and free of civil liability or other constraints) and in such circumstances where possession of such material may have any adverse financial, prejudicial or any other effect on any other third party.
You may use VirtualStreamz services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions.
In order to access VirtualStreamz services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify
VirtualStreamz of any unauthorized use of your account or any other breach of security. VirtualStreamz will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
DMCA Copyright Infringement Notification
VirtualStreamz fully appreciates and implements the DMCA (Digital Millennium Copyright Act).
You can get all the details at http://www.copyright.gov/legislation/dmca.pdf (US Copyright Office). We are always on the outlook to identify and eliminate images that may infringe upon visual graphic content belonging to a private or public entity based anywhere in the world.
VirtualStreamz respects the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a take down notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number.
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all take down notices through our Contact page. Please send by email for prompt attention.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material
If you have received a notice of material being take down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site.
Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
VirtualStreamz, services provides 99.9% uptime guarantee on all VirtualStreamz, services on a network connectivity.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using VirtualStreamz products and services.
You will not engage in any activity that interferes with or disrupts Millennium Media Hosting’s services or networks connected to VirtualStreamz, products and services.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without refund and the possibility that VirtualStreamz will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse Of System Resources
Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE)
VirtualStreamz has ZERO tolerance policy on spam, Junk email or UBE. Spam, Junk email and UBE are defined as: the sending of the same, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE, also, includes email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of VirtualStreamz whether or not the message actually originated from our network.
VirtualStreamz mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows:
An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your email information or hat has made their email address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization
Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
VirtualStreamz and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data and or material in violation of United States or State Regulation or Law, or by the Common Law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. VirtualStreamz services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as illegal or harmful:
1. Engaging in illegal activities or engaging in activities harmful to the operations of VirtualStreamz or VirtualStreamz customers
2. Providing False Data on any Contract or Application; including fraudulent use of credit card numbers.
3. VirtualStreamz does not prohibit the use of distributed, peer-to-peer network services such as Tor, nor does VirtualStreamz routinely monitor the network communications of customers of VirtualStreamz as a normal business practice.
However, customers are responsible for the contents of network traffic exiting their VirtualStreamz services. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or International Copyright Law must be promptly discontinued to avoid service cancellation for violation of these terms.
Invoicing and Payments
You agree that VirtualStreamz shall be permitted to charge your credit card on a monthly / quarterly / annually or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectible by VirtualStreamz may be turned over to an outside collection agency for collection.
Subscriber is aware that VirtualStreamz may prospectively change the specified rates and charges from time to time.
VirtualStreamz is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by VirtualStreamz.
Currency exchange settlements will be based on agreements between you and and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service and they are specifically requested via the cancellation form.
All refunds are subject to a $5.00 service charge unless cancelling within the 7-day money-back guarantee period.
VirtualStreamz provides 24×7 technical support to our subscribers via Support Ticket system. The following are our guidelines when providing support:
1. Support will be offered for the duration of your subscription.
2. Support related to your VirtualStreamz server and physical functionality.
3. VirtualStreamz does not offer technical support for 3rd party application specific issues such as configurations, programming, web or server configuration.
4. We ask that our Subscribers to do their due diligence by becoming familiar with their device(s) and network, troubleshoot your home network, devices and point-of-failures before determining application, and services are the root cause.
VirtualStreamz reserves the right to suspend network access to any customer if, in the judgement of the VirtualStreamz network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which VirtualStreamz chooses.
VirtualStreamz will use reasonable care in notifying Subscriber and in resolving the problem in a method resulting in the least amount of service interference.
VirtualStreamz reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber machines were suspended.
If at any time it becomes necessary for Millennium Media Hosting to cancel a Subscriber’s service without cause, Millennium Media Hosting will provided 30 days advance notice.
You may cancel the service at any time by contacting us.
Accounts are cancelled immediately after confirmation. Cancellation of services DOES NOT relieve Subscriber of responsibility for the payment/invoice of all accrued charges.
If VirtualStreamz assigns Subscriber with an Internet Protocol (IP) for Subscriber’s use, the right to use Internet Protocol (IP) address shall belong only to VirtualStreamz, and Subscriber shall have no right to use that Internet Protocol address except as permitted by VirtualStreamz in its sole discretion in connection with Hosting Services, during the term of this Agreement.
Our allocation of Internet Protocol (IP) addresses is limited by ARIN (American Registration for Internet Numbers) policies. These policies state that the use of Internet Protocol (IP) addresses for Internet Protocol (IP) based virtual hosts will not be accepted as jurisdiction for new Internet Protocol (IP) addresses when the protocol supports name-based virtual hosts.
Moreover, you MUST use name-based hosting where ever possible.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons than the negligence of VirtualStreamz and that damages resulting from any interruption of service are difficult to ascertain.
Therefore, Subscriber agrees that VirtualStreamz shall not be liable for any damages arising from such causes beyond the direct and exclusive control VirtualStreamz.
Subscriber further acknowledges that VirtualStreamz 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 VirtualStreamz be liable for any special or consequential damages, loss or injury.
VirtualStreamz is not responsible for any damages your business may suffer.
VirtualStreamz does not make implied or written warranties for any of our services. VirtualStreamz denies any warranty or merchant ability for specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery and any and all service interruptions caused by VirtualStreamz.
Disclosure of Law Enforcement Due To Illegal Activity
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that VirtualStreamz may disclose any and all Subscriber information including IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber.
In addition, VirtualStreamz shall have the right to terminate all service set forth in this Agreement.
VirtualStreamz emphasizes that in agreeing to the VirtualStreamz Term of Service, Subscriber indemnifies VirtualStreamz for any violation of the Terms of Service that results in loss of VirtualStreamz or the bringing of any claim against VirtualStreamz by any third-party.
This means that if VirtualStreamz is sued because of a Subscriber’s or a customer of a Subscriber’s activity, the customer and or Subscriber must pay for any damages awarded against VirtualStreamz, plus all costs and reasonable attorney’s fees.
Entire Agreement Notice
You agree that VirtualStreamz may provide you with notices, including those regarding changes to Terms of Service, by email, regular mail, group messaging, or web postings on VirtualStreamz services.
The Terms of Service (including any policies, guidelines, or amendments that may presented to you from time to time) constitute the entire agreement between you and VirtualStreamz and govern your use of VirtualStreamz services, superseding any prior agreements between you and VirtualStreamz for the use of VirtualStreamz services.
Choice of Law and Forum
The Terms of Service and the relationship between you and VirtualStreamz shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
You and VirtualStreamz agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Georgia, USA.
Waiver and Severability of Terms
The failure of VirtualStreamz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of VirtualStreamz services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or forever barred.
If you have any questions about these Terms, please contact us.