Terms of Service
The use of services from VERTITO.COM, [hereafter referred to as
"Vertito"] constitutes agreement to these terms.
1.) Account Setup / Email on file
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. It is your responsibility to provide us with an email address
which is not @ the domain(s) you are signing up under. If there is
ever an abuse issue or we need to contact you, the primary email
address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up
to date at all times. Providing false contact information of any
kind may result in the termination of your account covering all
services including domains purchased from us.
Transfers
Our transfers team will make every effort to help you move your site
to us. However, transfers are provided as a courtesy service, and we
can not make guarantees regarding the availability, possibility, or
time required to complete an account transfer. Each hosting company
is configured differently on each server platform where the old
websites/domain are being hosted, and some hosting platforms save
data in an incompatible or proprietary format, which may make it
extremely difficult if not impossible to migrate some or all account
data. We will try our best, but in some cases we may be unable to
assist you in a transfer of data from an old host. If you currently
have a CPanel account, chances are your web site pages could be
easily be transferred hassle free.
The free transfer services are available for 30 days from your sign
up date. Transfers outside of the 30 day free period will incur a
charge; please contact a member of our technical support team with
specific details to receive corresponding fees.
2.) Content
All services provided by Vertito may only be used for lawful
purposes. The laws of the the State of Texas, and the United States
of America apply.
The customer agrees to indemnify and hold harmless Vertito from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying
of music, books, photographs, or any other copyrighted work. The
offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account with or
without notice. Any account found to be in violation of another's
copyright will be expeditiously removed, or access to the material
disabled or even lead to account suspension. Any account found to be
in repeated violation of copyright laws will then be suspended
and/or terminated from our hosting platform and fleet of servers. If
you believe that your copyright or trademark is being infringed
upon, please email abuse@Vertito.com with the information required.
A list of required information may be found here. If the request is
of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted,
with the exception of one cPanel backups of the same account. Please
do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers
include:
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners and Domain Name scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of
appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* AutoSurf/PTC/PTS/PPC sites
* Forums and/or websites that distribute or link to warez/pirated/illegal
content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
* Mailer Pro / The Bat
Vertito services, including all related equipment, networks and
network devices are provided only for authorized customer use.
Vertito systems may be monitored for all lawful purposes, including
to ensure that use is authorized, for management of the system, to
facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be examined, recorded, copied and used
for authorized purposes. Use of Vertito system(s) constitutes
consent to monitoring for these purposes.
Any account found connecting to a third party network or system
without authorization from the third party is subject to suspension.
Access to networks or systems outside of your direct control must be
with expressed written consent from the third party. Vertito may, at
its discretion, request and require documentation to prove access to
a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that,
in our judgment, is obscene, threatening, illegal, or violates our
terms of service in any manner may be suspended and/or removed from
our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48
hours may result in the suspension or termination of your services.
All abuse issues must be dealt with via troubleticket/email and will
have a response within 48 hours.
If in doubt regarding the acceptability of your site or service,
please contact us at abuse@Vertito.com and we will be happy to
assist you.
Potential harm to minors is strictly forbidden, including but not
limited to child pornography or content perceived to be child
pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you
so you may terminate the account. We will further monitor your
activity; more than one infraction of this type may result in the
immediate termination of your account.
Direct customers: Your services will be terminated with or without
notice.
Violations will be reported to the appropriate law enforcement
agency.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set
properly, regardless of installation method. When at all possible,
set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials
such as user name and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed,
and your password is found to be weak, we will notify you and allow
time for you to change/update your password that must be done within
24 hours after the notification by Vertito.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and purchased lists
will be treated as spam. Any user who sends out spam will have their
account terminated with or without notice.
Please read http://www.vertito.com/mailpolicy.html for our
generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent
via fax, email, instant messaging, or usenet/newsgroups, email
communications. No
organization or entity listed in the ROKSO may be hosted on our
servers. Any account which results in our IP space being blacklisted
will be immediately suspended and/or terminated with or without
notice. This is strictly being applied to shared, business,
reseller, VPS, and dedicated hosting accounts. VERTITO strives to
maintain a high-level of service, and a lot of customers depend on
our high standards of quality. As such, we will not provide services
to those that are using our services for any activities that is
considered as abuse, illegal activities, infringement and other
related work that is unacceptable to VERTITO hosting environment,
hosting platform, hosting IP space and hosting data center.
Vertito reserves the right to require changes or disable as
necessary any web site, account, database, or other component that
does not comply with its established policies, or to make any such
modifications in an emergency at its sole discretion.
Vertito reserves the right to charge the holder of the account used
to send any unsolicited and/or spam-can e-mail for clean up fee or any charges
incurred for blacklist removal. This cost of the clean up fee is
entirely at the discretion of Vertito Hosting company.
4.) Payment Information
You agree to supply appropriate payment for the services received
from Vertito, in advance of the time period during which such
services are provided. You agree that until and unless you notify
Vertito of your desire to cancel any or all services received, those
services will be billed on a recurring basis. This includes when
accounts are suspended. When an account's invoices are paid outside
of the 7 day grace period, invoices may or may not be automatically
generated. However, after the customer notifies Vertito of his or
intent to resume service, invoices will be manually generated and
payment expected for the time the account was suspended.
Account cancellations must be done in writing via the cancellation
form provided. Once we receive your cancellation and have confirmed
all necessary information with you via e-mail, we will inform you in
writing (typically email) that your account has been cancelled. Your
cancellation confirmation will contain a ticket/tracking number in
the subject for your reference, and for verification purposes. You
should immediately receive an automatic cancellation notice or email
with a tracking number or email subject referring to account
cancellation. An employee will confirm your request (and process
your cancellation) shortly thereafter. If you do not hear back from
us, or do not receive the automatic confirmation email within a few
minutes after submitting your cancellation, please contact us
immediately via phone. We require that cancellations of service are
done through the online form to (a) confirm your identity, (b)
confirm in writing you are prepared for all files/emails to be
removed, and (c) document the request. This process reduces the
likelihood of mistakes, fraudulent/malicious requests, and ensures
you are aware that the files, emails, and account may be removed
immediately after a cancellation request is processed.
As a client of Vertito, it is your responsibility to ensure that
your payment information is up to date, and that all invoices are
paid on time. Vertito provides a 7 day grace period from the time
the invoice is generated and when it must be paid. Any invoice that
is outstanding for 7 days and not paid will result in a $2 late fee
and/or an account suspension until account balance has been paid in
full. The $2 late fee is applied in addition to whatever else is
owed to Vertito for services rendered. Access to subjected account will
not be restored until payment has been received. Prolonged unpaid
invoices may result to suspension and/or termination.
It is the customer's responsibility to notify our sales team via
email at sales@vertito.com after paying for a domain renewal and to
ensure the email is received and acted upon. Domain renewal notices
and invoices are provided as a courtesy reminder and Vertito cannot
be held responsible for failure to renew a domain or failure to
notify a customer about a domain's renewal.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the billing account and
cannot be refunded via Paypal. If you require assistance with this
provision, please contact sales@vertito.com. Accounts with credits
or advance deposits and/or payments, which are subject for
termination and cancellation are subject to non-refunds.
For all shared hosting, if payment is not received after sending our
final invoice reminder, we will suspend your hosting account. If
payment is not received on or after 7 more days after being suspended, we
will terminate and wiped your hosting account.For dedicated
server and VPS server accounts, if payment is not received within 2
days before your renewal date, we will suspend the port associated
with your server or even shutdown your server. If payment is not received
within 5 days of your renewal date, your server will be reclaimed and all data will be
wiped.
Vertito reserves the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is
provided to you as a courtesy. Vertito is not responsible for files
and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored among Vertito servers.
Backups will not be provided for accounts that have been suspended
or terminated for any reason unless otherwise agreed to in writing
by Vertito. All hosting clients are fully responsible for their data and
are responsible for making backups of said data.
Our control panel gives you to option to make an 'instant' backup of
your entire cPanel account. It will archive your account and provide
you with a link to download the backup. You can then use this backup
file to restore your account on our servers if need be. We strongly
suggest this as a maximum failover and redundant contingency plan.
VERTITO is not held liable for any data loss or corruption or subsequent
loss of earnings, buildings or damages incurred from using any of our
products and services.
VERTITO Hosting Solutions takes no responsibility for any material input
by others and not posted to the VERTITO Hosting Solutions Network by
VERTITO Hosting Solutions. VERTITO Hosting Solutions is not responsible for
the content of any other websites linked to the VERTITO Hosting Solutions
Network; links are provided as Internet navigation tools only. VERTITO
Hosting Solutions disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or
party's violation of this policy.
VERTITO Hosting Solutions is not responsible for any damages your business
may suffer. VERTITO Hosting Solutions does not make implied or written
warranties for any of our services. VERTITO Hosting Solutions denies any
warranty or merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by VERTITO Hosting Solutions.
6.) Cancellations and Refunds
Vertito reserves the right to cancel, suspend, or otherwise restrict
access to the account at any time with or without notice.
Customers may cancel at any time via a cancellation form or link
from their client portal page or billing system. Vertito
gives you an unconditional 30 day money back guarantee on managed
shared hosting, business hosting and reseller hosting solutions for any customer who paid the
first invoice with a credit card or with Paypal.
Any payments to dedicated services such as
dedicated IPs, whoisguard subscriptions and SSL certificates, dedicated servers, VPS accounts,
semi-dedicated accounts are not covered by any refunds scheme.
The following methods of payments are non-refundable, and refunds
will be posted as credit to the hosting account:
* Bank Wire Transfers
* Checks
* Money orders
We offer you 30 money-back guarantee on all shared hosting plans.
Refund requests for shared and reseller accounts after the initial
30 days will be completely disregarded and given at the sole
discretion by VERTITO. Should your account is eligible for refunds,
refunds would be scheduled at sole discretion by us within 24 to 120
hours depending on your mode of payment and release of refunds.
Only first-time accounts under shared hosting plans are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
Dedicated Server plans and dedicated services mentioned ARE NOT ELIGIBLE for money-back guarantee
and/or refunds. In addition, there are no refunds for any setup fees that were
billed to you when you signed up, no refunds on dedicated services
such as domain registration fees, dedicated
IP addresses, SSL installation fees, SSL certificates fees, administrative fees,
install fees for custom software, domain name purchases, domain name
transfers, dedicated servers, VPS servers, and dedicated IP fees incurred by us at any rate and at any time.
Special discounts or discount coupons would be deducted from refunds
on the mentioned related dedicated services and/or products.
VERTITO also reserves the right to cancel your account with
72 hours notice should an event occur in which proper evidence
exists that a customer was exceptionally rude or vulgar in
communications with our staff or if the account has a detrimental
effect on the services of other users and/or causes any other users
to have a reduced or disproportionate level of service.
Any abuse of our staff in any medium or format will result in the
suspension or termination of your services. Any accounts or services
practices activity that is against our TOS or our upstream TOS would
lead to immediate suspension and/or termination with or without notice and
with or without refunds to due violation of our TOS and our upstream TOS.
Violations of any of our Terms of Service and Accepted User of
Policy will waive any refund policy and/or money back guarantee.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any bit torrent application, tracker, or client. You may link
to legal torrents off-site, but may not host or store them on our
shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When
using PHP include functions for including a local file, include the
local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more than 150,000 inodes on any shared account may
potentially result in a warning first, and if no action is taken
future suspension. Accounts found to be exceeding the 50,000 inode
limit will automatically be removed from our backup system to avoid
over-usage. Every file (a webpage, image file, email, etc) on your
account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension. The primary cause of excessive inodes seems to be due to
users leaving their catchall address enabled, but never checking
their primary account mailbox. Over time, tens of thousands of
messages (or more) build up, eventually pushing the account past our
inode limit. To disable your default mailbox, login to cPanel and
choose "Mail", then "Default Address", "Set Default Address", and
then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 10 gigs of disk space will be
removed from our off site weekly backup. All data will continue to
be mirrored to a secondary drive which helps protect against data
loss in the event of a drive failure. To maintain the stability of
our servers, we will not restore cPanel backups larger than 10 GB of
size on our hosting plans.
8.) Unlimited
Web Space Policy
Vertito customers are privileged to be offered unlimited web
space for their sites on plans as mentioned from our hosting
packages if any. Vertito will start you out with 10000 MBs of space. Once
you approach 90% of its use, simply request additional space using
our Client Area Portal or ticketing support. Vertito will then add
another 10000 MBs of space, free of charge within 24 to 48 hours
after the web space upgrade notification. This process can be
continued until your hosting account no longer requires additional
space and you account does not violates our TOS. The intent of
Vertito is to provide a large amount of web space to serve web
documents, not an off site storage area for electronic files or a
backup of your PC, uploaded by anymeans. It is a must that ninety
percent (90%) of your web pages (html, etc.) must be linked with
files (.GIF, .JPEG, etc.) stored within your space, hosted on
hosting servers managed by Vertito . Web sites that are found to
contain either/or no html documents, a large volume and/or number of
unlinked files, will not be offered any additional web space under
our Unlimited Web Space Policy.
9.) 99.9% Network Uptime Guarantee
This 99.99% Uptime Guarantee applies to any Vertito's
clients in good financial standing with Vertito at the time of a
service outage or server downtime. Except for events that are beyond
Vertito's reasonable control or due to natural causes like fire,
floods, earthquakes, thunder, war, sabotage, inability of raw
materials or supplies needed to sustain uptime such as electrical
power, or any natural-causes disasters, erratic server-hogging web
pages and/or website scripts uploaded by our clients, and/or
scheduled maintenance as posted by Vertito from time to time.
Money back guarantee is due during the first 30 days of risk free
hosting period and the account is not violating any of
our TOS and the customer is of outstanding financial standing. Money
back guarantee will be provided on all packages except for domain
name related purchases, whoisguard subscriptions that were purchased and SSL certificates due to the nature of how
such are being obtained and purchased.
In order for you to receive a credit on your account, you must
request such credit within seven (3) days after you experienced the
down time. You must request credit by ticket submission via our
client portal, on which our Billing Team would handle under the
supervision of Vertito. The body of this ticketing message must
contain your account number, the dates and times of the
unavailability of your web site, and such other customer
identification requested by Vertito. Credits will usually be applied
within thirty (30) days of your credit request. Credit to your
account shall be your sole and exclusive remedy in the event of an
outage.
Vertito has all rights to where to assign or designate your
hosting account to our fleet of servers in order to maintain
server stability, uptime, reliability and performance of our shared hosting
servers to better serve our clients.
10a.) Unlimited Bandwidth Policy
The Vertito unlimited bandwidth policy does not cover all
web sites. There are exceptions and particulars where Unlimited
Bandwidth Policy would not be available or tolerated, these include
the following:
- Heavy Web Portals/Communities/Forums - Any sites that have
members and/or forums.
- Online Gaming - Includes online casinos and
single/multiplayer online games.
- Image Galleries - Includes eBay or other online auction
image dumps.
- Downloads - Any site that prompts for a download or has
large applets.
- Audio/Video - Any streaming content, web-cams or audio/video
downloads.
- Chat - Includes PHP and Java chat rooms. CGI-based chat is
not allowed on our servers.
If you are planning on using our hosting servers to host one of
the mentioned sites, Vertito will allow for 500 GBs of transfer per
month. You will be billed $10.00/100 GBs/mo thereafter. All other
accounts for personal and small business are allowed unlimited
bandwidth. If you adhere to our Terms and Conditions of Use Policy
and run a standard web site, you will be covered under the allocated bandwidth policy. Accounts that do not follow our Terms and
Conditions are subject for review, suspension, and when repeated
intentionally would be subject for account deactivation or
termination.
10b.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the
account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the
next month.
10c.) Bandwidth Overages
(Dedicated Servers and VPS Accounts Only)
By agreeing to these terms, you understand that VERTITO will bill
you for bandwidth overages in the amount of $0.50/GB for both
dedicated servers and VPS services. We will provide you of your bandwidth
usage history or tracking. Note that bandwidth period is from the
24th to the 23rd of the month.
11.) Money Back Guarantee
We guarantee a 30 money back guarantee on new sign up clients to all
shared hosting accounts. We
reserve the right to refund a prorated amount or no refund at all.
Each of Vertito's managed shared hosting, business hosting and reseller
hosting servers carry a 30 day
unconditional money back guarantee on them. We do not provide money
back guarantee to any of our dedicated server plans. If you are not
completely satisfied with our services within the first 30 days of
your service under any of our shared hosting plans, you will be given a full hosting refund. Remember, this is only for shared,
business and reseller hosting packages and
does not apply to dedicated servers or dedicated server plans, VPS
plans, administrative fees, install
setup fees, or domain name related fees such as domain name
registration, domain name transfers, dedicated IP addresses fees,
ssl certificate installation fees, ssl certificates and whoisguard
ID protection
subscription fees.
In addition, if you have purchased from our Free Domain
Hosting plans, the fees we used to register your domain name would be
first deducted from the overall fee you paid for any hosting plans first
before we credit your refund due to the nature of domain purchase
and registration.
As already mentioned, refunds does not cover domain names, ssl certificates, and
whoisguard id protection purchases incurred by us to commission or
to create your shared hosting plans or hosting accounts from us. The fees from domain name related
services mentioned before this statement need to be deducted
first from the overall refund fee before the actual refund would
be applied to our dear clients requesting for refund. This is due to
the nature of domain name registration which expires and which is
non-deletion services and paid on non-monthly terms as
non-refundable fee registrars. That is why we have presented you our TOS link to inform
you of such terms and policies that we have that needs to be agreed upon by you
as our dear client before final check out process of the order is made.
Bottomline, refunds will not be given to clients that have been cancelled or
suspended due to abuse of our services based on our terms of service
and acceptable use policy. We repeat, no refunds will be given to
fees incurred from or related to domain names, ssl certificates, whoisguard
ID protection subscription, dedicated server plans, and VPS plans.
12.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Vertito 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'. Vertito will
hold any reseller responsible for any of their clients actions that
violate the law or the terms of service.
13.) Shared (non-reseller accounts) /
Semi-dedicated Servers
Shared accounts may not resell web hosting to other people, if you
wish to resell hosting you must use a reseller account.
Semi-dedicated servers are not backed up. You must maintain your own
backups.
14.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on
vertito.com, and the right to increase the amount of resources given
to plans at any time.
15.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or
first-time customers* only and may not be used towards the purchase
of a domain registration unless otherwise specified. If you have
signed up using a particular domain, you may not resign up for that
domain using another coupon at a later date. Any account found in
violation of these policies will be reviewed by our sales department
and the appropriate invoices will be added to the account. Coupon
abuse will not be tolerated and may result in the suspension or
termination of the account.
16a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Vertito harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against Vertito, 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 Vertito against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with Vertito; (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 Vertito's server.
16b.) Arbitration
By using any Vertito services, you agree to submit to
binding arbitration. If any disputes or claims arise against Vertito
or its subsidiaries, such disputes will be handled by an arbitrator
of Vertito's choice. An arbitrator from the American Arbitration
Association or the National Arbitration Forum will be selected in
the state of Texas. Arbitrators shall be attorneys or retired judges
and shall be selected pursuant to the applicable rules. All
decisions rendered by the arbitrator will be binding and final. The
arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible
for any and all costs related to such arbitration.
17.) Trademarks and Copyrights
You agree and warrant that any materials submitted for
publication or use through your account(s) will not violate or
infringe any copyright, trademark, patent, statutory, common law or
proprietary rights of others, or contain anything libelous or
harmful, and you indemnify Vertito as to the same.
The Digital Millennium Copyright Act ("DMCA") sets forth the
requirements for valid copyright infringement notification. Vertito
takes all allegations seriously and will investigate each notice
immediately. Once Vertito receives your infringement notice, we will
notify the web site owner that they will have 24 hours to either (i)
take down or remove the disputed material, or (ii) provide a
counter-notice. Vertito still reserves the right to remove or take
down material immediately without any prior notice.
18.) Disclaimer
Vertito shall not be responsible for any damages your business may
suffer. Vertito makes no warranties of any kind, expressed or
implied for services we provide. Vertito disclaims any warranty or
merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by Vertito and its
employees.
19.) Disclosure to law enforcement
Vertito may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber
upon lawful request from such agencies. We will cooperate fully with
law enforcement agencies.
20.) Changes to the TOS
Vertito reserves the right to revise its policies at any time
without notice. Due to our evolving business, and the changing
nature of the web hosting industry, these terms of service may
change. We will post the changes here, and your continued use of the
service means you accept the changes we have made. We encourage you to visit our TOS from time to time.
Vertito Web Hosting Solutions - www.vertito.com
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