VodaHits’ Terms of Service (TOS)
You must agree to the below terms of service before you can create your VodaHits account. Our shopping cart will not permit you to make any purchases unless you agree to the below terms of service.
Our terms of service (TOS) are designed to provide our customers with a clear and transparent understanding of what we expect of them while they are using our service(s). The use of the VodaHits service(s) represents your acceptance and agreement to VodaHits’s (TOS), regardless of whether you have read them or not.
We accept your use of our service(s); therefore we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any account. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). VodaHits reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your VodaHits account and/or services.
We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.
If a VodaHits account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our community, you must use your account access ethically and responsibly.
1) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. All new orders are usually activated within 24 hours. If you have not been activated within this time frame, please click here to contact our billing department.
2) Content & Activities
All services provided by VodaHits may only be used for lawful purposes. This includes but is not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless VodaHits from any claims resulting from the use of our services.
Examples of Totally Unacceptable material:
2.1) Distribution of Malicious Materials/Content:
Intentional distributions of material or software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use the VodaHits service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
2.3) Adult Sites
Due to various legal and moral implications, VodaHits does not permit sexually explicit material.
3) Spam / Email Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
VodaHits reserves the right to require changes or disable as necessary any account that does not comply with this policy, at its sole discretion. VodaHits also reserves the right to make any such modifications in an emergency at our sole discretion.
VodaHits reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of VodaHits.
4) Payment Information
You agree to supply appropriate payment for the services received from VodaHits in advance of the time period during which such services are provided. You agree that until and unless you notify VodaHits of your desire to cancel any or all services received, those services may be billed on a recurring basis.
5) Backups and Data Loss
Your use of the VodaHits service is at your sole risk. VodaHits is not responsible for any and all files and data residing on your account on our servers. VodaHits does not maintain backup copies of customers e-mails. VodaHits cannot guarantee that the contents sent to us will never be deleted or corrupted, or that a backup of such content will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any VodaHits server to which you have an account on.
5.1) Termination of Data and Customer Privacy
For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your VodaHits account.
5.2) Emergencies and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to shut down our network, or review contents to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete an account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.
5.3) Account Security
Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil liability. VodaHits will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
6) Cancellation and Refund Policy
VodaHits does not have a refund policy and does not offer a money back guarantee of any type. All sales are considered final. We do not prorate any part of our billing fees for any unused time.
You may cancel your VodaHits account at any time you desire. If you joined with PayPal, please log-in to your PayPal account and cancel your subscription agreement. Alternatively, click here to submit a cancellation request to our customer support help desk.
If you joined VodaHits via a yearly payment option and you cancel before the year has expired. Your VodaHits account will remain active until exactly 365 days have passed from the date of your last yearly Payment. After which it will be terminated unless you renew your billing before the 365 days has expired.
If you joined VodaHits via a monthly payment option. Your account will be terminated 30 days after your last payment was received by VodaHits.
VodaHits will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
6.1) Cancellation for lack of payment
Any account that has unpaid invoices that are more than 3 days outstanding may be terminated at any time without notice. Before VodaHits will terminate any account for lack of payment. VodaHits will send no less than 2 payment request emails to the account holder. VodaHits will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
7) Refusal of Service
VodaHits reserves the right to refuse service at its discretion. VodaHits will treat all files and data associated with terminated accounts exactly as outlined in the above clause 5.1.
8) Search Engine Submission
Depending on the submission package you purchase, VodaHits will submit your website your website to directories (or similar – Google, Yahoo and Bing included). Our responsibility is for submission only. We do not guarantee that Google or any other search engine or directory will index and list your website in a timely manner. Google, Yahoo, etc… are completely separate companies from VodaHits and we do not have any control or influence over their final decision to accept or decline your website.
9) Reseller Submissions: Client Responsibility
Resellers are responsible for supporting their clients. VodaHits does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. VodaHits will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
9.1) Customer Knowledge & Responsibilities
Use of VodaHits’ services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, ETC… The level of knowledge customer required to have varies greatly and depends on the customers anticipated use and desired content and functionality. The customer agrees that he/she has the necessary knowledge to use the VodaHits service to their desired ends. The customer agrees that it is not the responsibility of VodaHits to provide this knowledge or to help in any way with the decision making process towards the SEO submissions of the customers website(s).
10) Price Change
The amount you pay for VodaHits services will never increase from the date of purchase. We reserve the right to change prices listed on VodaHits, and the right to increase the amount of resources given to plans at any time.
11) Auto Re-billing
For your convenience your VodaHits account may auto re-bill (depending on which billing package you have selected at time of purchase). If you do not want your account to auto re-bill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be re-billed, will result in your account being re-billed and you agree to hold harmless and indemnify VodaHits from any and all claims of wrongful billing.
12a) Customer agrees that it shall defend, indemnify, save and hold VodaHits harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against VodaHits, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VodaHits against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VodaHits; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a VodaHits server.
12b) IF LAWSUIT(S) ARE THREATENED AGAINST VodaHits. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
VodaHits will not be responsible for any damages your business may suffer. VodaHits makes no warranties of any kind, expressed or implied for services we provide. VodaHits disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by VodaHits and its employees.
14) Changes to the (TOS)
VodaHits reserve the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.