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Terms of Service Agreement

Guarantee

All hosting accounts have a full money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Vertivo, by the account holder. Domain registration fees are not refundable.

Termination of Service

Refunds for accounts cancelled after the first 30 days will be granted ONLY for full/partial months that you have paid for but not used. The contract may be cancelled without stating the reason by either of the contracting parties. The Client may cancel the Website Hosting Agreement with us at any time, by giving us one month's written notice, provided that payment is up-to-date. A pro-rata refund for accounts cancelled after the first 30 days will be granted for any unused period of the advance payment within thirty (30) days of the termination of the validity of this contract. All other claims and obligations of a monetary nature ensuing from this contract shall be settled by the contracting parties at the latest within thirty (30) days of the termination of the validity of this contract.

You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account. We reserve the right to send announcements and invoices relating your hosting account and domain name with us. No more than twice a month we may email you information on promotions or discounts relevant to your hosting or domain account with us. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account.

Privacy

Vertivo will NOT sell, trade or otherwise disclose your email address or any other contact information to any third party except under the direction of law enforcement officials.
We will also not reference any web sites that we host unless we have the consent of the web site owner.

Downtime and backups

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Whereas we will make an effort to maintain relatively current backups, all account data backups are the account holder's responsibility. Vertivo is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy.

Unsolicited E-mail (anti-spam policy)

Accounts caught sending unsolicited (as defined by Vertivo) email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any backups and technical support associated with this and ALL accounts hosted on any and all Vertivo servers and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.

Vertivo reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable and will review each situation with discretion. However, we can and will enforce our Terms of Service.

*Unsolicited is defined, by Vertivo as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Excessive Bandwidth Use

If your hosting account, with Vertivo, goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our Cpanel hosting accounts have bandwidth restrictions set.

Account Termination

Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Vertivo, will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on our servers.

Accounts using up enough server resources, to slow, crash, or otherwise impair the functioning of a server, will be shut down. If an account is shut down, due to server resource issues, we will (upon request and at our discretion) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required).

We do not allow ANY Matt Wright FormMail script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.

In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.

This Terms of Service may be amended, at any time, at the discretion of Vertivo. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders. You are required to keep a valid and current email address on file with us, in your billing account.

If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers.

Other Responsibilities of the Customer

(i) The Client shall not burden the server with non-functional scripts or otherwise obstruct the functions of the server. The Client shall not operate scripts that could cause damage to Vertivo or third parties in any way.
(ii) The Client is fully responsible for the information and material he/she stores, presents or transmits by means of the hosting account.
(iii) The client shall not utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, the client may not: Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

Domain Name Registration and Renewal Policy

Vertivo will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires.

An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to Vertivo, and subsequently not registered, transferred and/or renewed by Vertivo, the domain registration fee will be refunded.

By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy.

Force Majeure

Vertivo will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Relationship

Vertivo is acting as an independent contractor, and is not acting as an employee of customer.