Important Voxel dot Net Policies

Privacy Policy

We recognize and respect your need for privacy and security as you visit our site. When you visit our site to view any pages or read product/service information, you do so without telling us who you are and without revealing any personal information. While we do not collect identifying information about visitors to our site, we do use standard software to collect information for the strict purpose of tracking activity on our site. This allows us to better understand how many people use our site and which pages and features are most popular. The only information we normally collect and store is:

  • The name of your Internet service provider
  • The web site that referred you to us (if any)
  • The date and time the pages were accessed
  • The page or pages you requested

There are instances where you may elect to provide us with personal information. If you fill out one of our online order forms or contact request forms or send us email, you are transmitting the information that appears to you in the form or the message. This will typically include information like your name, mailing address, email address, the kind of request you are making, and any other information necessary to fulfill your request. You never transmit personally identifying information that you do not enter yourself. And this is always your option; this information cannot be collected unless you specifically elect to send it to us. This information is used internally only for the purpose of fulfilling the request or for contacting you directly and is not given or sold to any other organization.

When you submit personally identifying information via one of our feedback or order forms, that information is also encrypted, or scrambled, by your browser before it is transmitted back to our web site. This effectively prevents anyone from intercepting and reading any personal information about you. Note that this encryption does not take place if you send us email, but only when you use your web browser with one of our site's forms.

We hope you find our website useful and informative and are always willing to answer questions and receive suggestions. If you have either, please e-mail the webmaster at . Thank you.

We reserve the right to change our privacy policy. A revised policy statement will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 30 days prior to its effective date.

Billing and Disputes

Terms of Service

All services provided by Voxel dot Net ("Voxel dot Net") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indinify and hold harmless Voxel dot Net from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Voxel dot Net's servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • cracker programs or archives
  • Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, CRACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Voxel dot Net WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $0.50 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Voxel dot Net is strictly prohibited.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Voxel dot Net must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Voxel dot Net shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be riitted to Voxel dot Net by no later than the specified payment due date. Voxel dot Net shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Accounts will be suspended if payment is not received within 7 days of Invoice Due Date, and account will be terminated if payment is not received within 15 days of Invoice Due Date.

Service Fees
Certain services carry a set-up fee charged by Voxel dot Net to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Voxel dot Net and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid Voxel dot Net for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months riaining, after notice given by the 25th day of the preceding month.

Account Deactivations
Any account deactivated or suspended due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation & Refunds
Services may only be cancelled by sending a request to . Telephone or alternate methods are not valid and will not be honored. If a service is cancelled within 7 days of the renewal period, the service will be renewed for the following period. We DO NOT refund partial monthly fees to accounts. No refunds are given on any VPS or dedicated servers or setup fees for VPS or dedicated servers.

PLEASE NOTE: domain name registration fees WILL NOT be refunded.

Refusal of Service
We reserve the right to refuse, cancel or suspend service at any time, at our sole discretion.

Limitation of Liability
Voxel dot Net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Voxel dot Net's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Voxel dot Net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Voxel dot Net's servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Voxel dot Net cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Voxel dot Net are resold. Thus, certain equipment, routing, software and programming used by Voxel dot Net are not directly owned or written by Voxel dot Net. Moreover, Voxel dot Net holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Voxel dot Net sees fit.

Account Activation
By activating your account with Voxel dot Net, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Voxel dot Net reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

For the collection and use of personal information obtained from the European Union, Voxel Dot Net, Inc. has committed to handling such personal information in accordance with the Safe Harbor Principles, and is a miber of the European Union Safe Harbor Framework. If users feel we are violating the Safe Harbor Principles, they please contact us at http://voxel.net/contact. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Voxel dot Net offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Voxel dot Net respects that the Internet provides a forum for free and open discussion and dissiination of information. However, when there are competing interests at issue, Voxel dot Net reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Voxel dot Net has developed an Acceptable Use Policy ("AUP"), which supplients and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Voxel dot Net's services. This AUP will be revised from time to time. A customer's use of Voxel dot Net's services after changes to the AUP are posted on Voxel dot Net's web site, www.voxel.net, will constitute the customer's acceptance of any new or additional terms of the AUP resulting from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high priium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through they Internet, they must keep in mind that Voxel dot Net cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Voxel dot Net cannot monitor or censor the Internet, and will not attipt to do so, Voxel dot Net cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Voxel dot Net does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Voxel dot Net's network and may reach a large number of people, including both subscribers and non-subscribers of Voxel dot Net, subscribers' postings to the Internet may affect other subscribers and may affect Voxel dot Net's goodwill, business, reputation or operations. For these reasons, subscribers violate Voxel dot Net policy and the Service agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Voxel dot Net, but also because it can overload Voxel dot Net's network and disrupt service to Voxel dot Net's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Voxel dot Net will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Futhermore Voxel dot Net reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER email sent should Voxel dot Net choose to pursue and prosecute.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity or other personal rights of others. Voxel dot Net is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Voxel dot Net's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using Voxel dot Net's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Voxel dot Net is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: Using Voxel dot Net's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attipting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attipted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

IRC: Voxel dot Net does not allow IRC clients, bots or servers on its network.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups: Voxel dot Net reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that Voxel dot Net determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Voxel dot Net will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Voxel dot Net's policy or applicable law. However, when Voxel dot Net becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, rioval of information, shutting down a web site, implienting screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Voxel dot Net.

Voxel dot Net is also aware that many of its subscribers are thiselves providers of Internet services, and that information reaching Voxel dot Net's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Voxel dot Net does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Voxel dot Net reserves the right to directly take action against a customer of its subscribers. Also, Voxel dot Net may take action against the Voxel dot Net's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Voxel dot Net anticipates that subscribers who offer Internet services will cooperate with Voxel dot Net in any corrective or preventive action that Voxel dot Net deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Voxel dot Net policy.

Voxel dot Net will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Voxel dot Net may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Voxel dot Net may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Voxel dot Net assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Voxel dot Net may disclose subscriber information or information transmitted over its network where necessary to protect Voxel dot Net and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Voxel dot Net will never sell information to other services or outside companies.

Voxel dot Net expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Voxel dot Net policy. Finally, Voxel dot Net wishes to iphasize that, in signing the Service agreement, subscribers indinify Voxel dot Net for any violation of the Service agreement, law or Voxel dot Net policy resulting in loss to Voxel dot Net or the bringing of any claim against Voxel dot Net by any third party. This means that, if Voxel dot Net is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Voxel dot Net, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Voxel dot Net and its subscribers, as responsible mibers of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to .

Copyright infringement and Takedown Policy (DMCA)

It is Voxel dot Net's policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting these notices of alleged infringement to Voxel dot Net as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attipt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org/) for publication.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the itis specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking rioval of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.xyzwebsite.com/page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “This Famous Song” by Artist XYZ, published by Great Records, ASIN #0123456789").

  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must provide an accessible, Fully Quanlified URL to the content in question. This content must reside on the Voxel dot Net network. For example:

    Infringing Web Page(s): http://www.domain.com/page.html

  3. Provide information reasonably sufficient to permit Voxel dot Net to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit Voxel dot Net to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address:

    Voxel dot Net, Inc
    Attn: Legal Support, DMCA Complaints
    29 Broadway, 30th Floor
    New York, NY 10006

    OR fax to:

    (212) 812-4195, Attn: Voxel dot Net Legal Support, DMCA Complaints

    Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the itis specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs or other unique identifying information of material that Voxel has removed or to which Voxel has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Kings County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
  4. Sign the paper.
  5. Send the written communication to the following address:

    Voxel dot Net, Inc
    Attn: Legal Support, DMCA Complaints
    29 Broadway, 30th Floor
    New York, NY 10006

    OR fax to:

    (212) 812-4195, Attn: Voxel dot Net Legal Support, DMCA Complaints

Account Termination

Voxel dot Net will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Voxel dot Net and provide information sufficient for us to verify that the account holder is a repeat infringer.