Terms of ServiceLast updated July 18th, 2024

Please read these Terms of Service ("Terms", "Terms of Service", "ToS", "policy") carefully before purchasing services ("services", "products", "service", "product") sold and provided by Virtualized ("us", "we", "our"). These services include and are not limited to:

Your access to and use of these services is conditional on your acceptance of and compliance with this policy. This policy applies to all our customers, visitors, users and others who access or use our services.

By accessing or using our services you agree to be bound by this policy. If you do not agree with any part of this policy, then you may not access our services.


Use of Products and Services.

1.1 Content must abide by the laws of the country the services are hosted within, as well as not violate any other points documented in these Terms of Service or our Acceptable Usage Policy. If you feel that a service is in violation of a residing country's laws, please file a Police Report with your local police department and submit a copy of this report to us via email at [email protected].

1.2 In order to use our services, you are required to provide current and accurate identification, contact information, and other details as part of the registration process. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

1.3 We may cancel or suspend your access to our services at any time and for any reason without notice, subject to applicable legislation at the time of cancellation or suspension. Upon cancellation or suspension, your right to use our services will stop immediately. You may not have access to data stored on the services after we suspend or terminate the services. You are responsible for keeping copies of your data contained within the services. If we cancel your services in their entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your services remaining up to the termination of your services.


Conditions of Use.

2.1 You agree that any violations listed in our Acceptable Usage Policy are considered prohibited usage and may result in immediate account suspension and/or termination without compensation.

2.2 Intentional or malicious violations of our Acceptable Usage Policy will result in immediate termination, and a ban from any further service from us.


Account Registration

Contact Information

3.1.1 Clients must provide the following information during the registration process and ensure that it remains valid:

  • Full Legal Name
  • Full Legal Company Name (if registering for a Business account)
  • Full Legal Address
  • Valid Email Address

3.1.2 P.O. Boxes are not accepted.

3.1.3 Account details must match information provided by the provider of your payment method.

3.1.4 Utilizing a VPN or anonymous browsing service during registration and/or order placement is prohibited.

Restrictions

3.2.1 Clients may not open more than one personal or business account.

3.2.2 Clients may open a Personal and Business account, subject to additional validation by our Billing department.

Invoicing

4.1.1 Services with recurring billing will be due for payment on the service anniversary.

4.1.2 Invoices for recurring services will be issued 7 days in advance of the due date.

4.1.3 Unpaid services will be suspended three days past the due date on the service.

4.1.4 Unpaid services will be terminated six days past the due date on the service.

Account Credit

4.2.1 Account credit does not expire and cannot be transferred between accounts.

4.2.2 Existing account credit will be automatically applied towards future generated invoices until depleted.

4.2.3 Account credit may not be withdrawn or "cashed out" in the form of a refund or other payment.


Payments and Gateways.

PayPal

5.1.1 PayPal transactions are eligible for refund within 1 day of the initial order payment, subject to the below terms.

5.1.2 PayPal payments must originate from the client's verified PayPal account.

Credit Cards (Stripe)

5.2.1 Stripe transactions are eligible for refund within 1 day of the initial order payment, subject to the below terms.

Cryptocurrency

5.3.1 All cryptocurrency payments are final and non-refundable.

Chargebacks/Disputes

5.4.1 Chargebacks and disputes against any payment will result in immediate suspension of all services on the account until the dispute is removed, and the account prohibited from placing any further orders. At the Billing Department's discretion and with regards to applicable legislation, all services on the account may be terminated without compensation in the event of dispute or chargeback.

Refunds

5.5.1 Refunds will be provided as a credit on the client's account, subject to applicable legislation.


Service Processing.

Service Processing

6.1.1 Orders are provisioned during Business Hours provided that the client's Contact Information and Payment are in accordance with the Terms of Service.

6.1.2 Orders placed outside of Business Hours are provisioned within 24 business hours provided that the client's Contact Information and Payment are in accordance with the Terms of Service.

6.1.3 Orders that remain unpaid for more than 24 hours are automatically removed from the system.

Service Modification

6.2.1 Service modification cannot be performed on or past the service's due date. Any outstanding invoices must be settled before service modification can be performed.

6.2.2 Service modification that will lower the value of the service will automatically deposit the difference in values for the remainder of the billing cycle to the client's account credit balance.

6.2.3 Service modification that will raise the value of the service will be billed for the difference in values from the date of modification until the end of the service's current billing cycle. The modification will be applied once the issued invoice is settled.

Service Transfer

6.3.1 An existing service may be transferred to another client via ticket submission provided the following conditions are met:

  • The service to be transferred must be active for at least 3 months.
  • The service to be transferred must not have any unpaid or overdue invoices.
  • The service to be transferred must not have any TOS/AUP violations on record.
  • The account initiating the transfer must be in good standing, with no TOS/AUP violations on record.
  • The account receiving the transfer must confirm acceptance of the transfer via ticket submission.
  • The account receiving the transfer must not have any unpaid or overdue invoices.
  • The account receiving the transfer must not have any TOS/AUP violations on record.

Service Cancellation

6.4.1 Immediate type cancellations are processed automatically at 9:00 AM PST the following morning.

6.4.2 End of Cycle type cancellations are processed automatically at 9:00 AM PST on the service's next due date.

6.4.3 Once cancellation has been run on a service, all related data and backups are destroyed, and any associated IP addresses released back into the available pool. This process cannot be reversed.

6.4.4 When a service is cancelled before its due date, the remainder of the service's billing cycle is automatically deposited to the client's account credit balance.

Service Suspension

6.5.1 When suspended, a service is brought offline and disabled from being powered on or accessed. No data will be made available, nor the service brought online, until the situation resulting in the suspension has been resolved.

6.5.2 When a transfer limit is applicable, the service will be temporarily suspended for the remainder of the billing cycle upon reaching the transfer limit to prevent bandwidth overages. No data will be destroyed during the process.

Service Termination

6.6.1 Upon termination, all related data and backups are destroyed, and any associated IP addresses released back into the available pool. This process cannot be reversed.


IP Address Space Leasing

7.1 As a customer who leases IP address space from us, you must:

  1. Promptly investigate and resolve all abuse reports.
  2. Provide confirmation of abuse resolution.
  3. Pay invoices in a timely manner.
  4. Notify us (via ticket to our Billing department) 30 days in advance of the return (cancellation) of a subnet.

7.2 We reserve the right to:

  1. Suspend for non-payment.
  2. Terminate for payment in arrears of 15 calendar days.
  3. Suspend for repeated subnet abuse violations.
  4. Terminate for repeated subnet abuse violations or any Spamhaus/RBL listing without refund.

Network Latency

8.1 Upon receipt of a support ticket reporting network latency issues, concerted efforts will be made to mitigate and enhance network latency. To facilitate this process, we require the submission of a support ticket containing pertinent information, including but not limited to:

  1. MTRs/traceroutes
  2. Source and destination IPs
  3. Date/time of the observed latency

8.2 Refunds and chargebacks/disputes will not be entertained solely due to the failure of our network to meet customer expectations. We emphasize the importance of customers conducting thorough assessments of our network's performance suitability to their needs before making a purchase decision.


Troubleshooting Process for Technical Issues

9.1 Upon receipt of a support ticket regarding technical issues with a customer's services, diligent efforts will be undertaken to address and resolve the reported technical issue. This process encompasses the following steps, among others:

  1. Gathering Additional Information: Our support staff may request supplementary details such as MTRs/traceroutes, source and destination IP addresses, and the nature of the traffic to facilitate a comprehensive understanding of the issue.

9.2 If a chargeback or dispute is initiated against any payment associated with the service without a preceding support ticket requesting troubleshooting for the technical issue(s), the service may be subject to suspension and/or termination in accordance with section 5.4.1 of these terms. This also applies if reasonable attempts to address and resolve the underlying technical issue(s) have not been allowed by the customer.