TERMS OF
HOSTING SERVICE
Last Updated: May 8, 2007
This Terms
of Service Policy ("POLICY") is a binding agreement
between Veara, Inc. ("Veara") and you
[hereinafter "YOU" or "YOUR"]. YOU
understand and agree that your use of and access to the
Internet hosting and related services ("SERVICES")
and the network and host computers ("NETWORK") that
we, our affiliates and/or subcontractors operate, are
conditioned upon your full compliance with the terms of this
Policy.We
may modify this POLICY as well as modify SERVICES. Your
continued use of the SERVICES after we post the modified
POLICY indicates your acceptance of the modified POLICY.
Therefore, you are encouraged to review this POLICY on a
regular basis, which is located at:
http://www.veara.com/legal
Right of
Termination
If any
customer account is involved in a violation of this POLICY, or
if we reasonably anticipate such a violation, we reserve the
right, at our option, to suspend or terminate use of and
access to the SERVICES and NETWORK without notice. The key
contributing factors affecting our actions taken on POLICY
violations include, but are not limited to, protection of our
customers and our resources, provision of quality service to
our customers, compliance with applicable law, and the
protection of our reputation as a service provider.
Payments
YOU, the subscriber
acknowledges, and agrees to assume full accountability for all
charges against YOUR account, and for making timely payments
against all charges.
For accounts wishing to pay via
credit card, we accept Visa, Master Card, American Express
and check by Fax (our billing agents are; Veara PayPal or Computers Plus -
these names may show on credit card statement).
Billings are annual and for accounts with credit card
or other account numbers on file or previously used the account will be automatically debited for the proper amount each billing
cycle (unless Veara is notified otherwise in writing according
to this agreement).
Accounts
are overdue if payment is not received within 15 days of due
date. Any overdue account may have service
interrupted without notice. A reconnect fee of $50.00 may be
accessed to reconnect service following interruption. Such
interruption does not relieve YOU from the obligation to pay
any and all amounts. There
is a $25 fee for any check returned to us for non-sufficient
funds or stopped payment. There is a $250.00 fee immediately
accessed for any credit card charge-back activity associated
with your account. A $300.00 fee will be accessed for
all accounts written-off by Veara and sent to collections.
You are obligated to pay for
your account even if you do not use it. Because we have
provided you with usernames, passwords, DNS entries, and an IP
address, you have the ability to use your account. The fact
that you do not do so is not relevant - you are still
obligated to pay for the account. Even an unused account uses
valuable system resources that could be used for other
customers. Veara will not approve the transfer of any
domain name or related files or data for any account with an
outstanding balance.
Account
changes and cancellations must be made in writing and sent by
mail or emailed to:
Veara, Inc.
accounting@veara.com
To
cancel an account, the account holder must provide a ninety
(90) written notice of intent to cancel (email is acceptable
with confirmation), this notice shall be acknowledged by
Veara. Account
cancellations must be emailed from the account holders email
address contain in our files or known to Veara. In some
cases a signature of the account owner may be
required. The notice should include the; account and domain
name for the account being cancelled, and a brief statement
that specifically requests that your account be removed from
our servers on a specified date.
Re-Establishing
an Account
In the
event that an account is suspended or cancelled as a result of
any activities in violation of this POLICY, the account may be
subject to reconnect fees, deposit requirements and/or other
restrictions to be determined by Veara if such account is
permitted to be re-connected or re-activated.
Services
Agreement, Utilization and Account Sharing
Your use of
the SERVICES is also subject to other applicable agreements,
including, without limitation, the Services Agreement.
Bandwidth and disk utilization will be computed in accordance
with those relevant agreements. In the event we determine that
any account is exceeding the relevant bandwidth or disk
utilization, the customer will generally be notified by
e-mail. If the excess use continues after such notification,
the customer may be requested to upgrade the account under the
Services Agreement or to modify the activity creating the
excess use, or otherwise risk account termination.
Each customer may only use those SERVICES
and portion of the NETWORK which have been authorized for
customer's use. If access is protected by a password,
customers are not to make this password available to others or
use the password(s) of others to gain access to such areas.
Account sharing (other than as expressly permitted in the
applicable Services Agreement) is strictly prohibited.
Accounts which have been transferred to other parties, or
which show other activity in violation of this condition, may
be terminated without notice.
Your
Responsibilities
By
accessing and using the SERVICES and NETWORK, you represent,
covenant and warrant that all information, data and materials
hosted on and/or transmitted through the NETWORK do not and
will not violate any law or infringe upon any legal rights.
Furthermore, you agree not to engage, or assist any others to
engage, in using the SERVICE and/or NETWORK in connection with
any illegal purpose including, but no limited to:
(i)
Attempting to interfere with or compromise
the operation of the NETWORK in whole or part, with any of the
equipment comprising the NETWORK, or intercepting, redirecting
or interfering with messages or data intended for transfer to
other parties.
(ii)
Accessing without authorization any
computers, accounts or networks or attempting to penetrate
security measures (a/k/a "hacking"), and any other
activity that might be used to attempt to penetrate a system
(i.e., stealth scans or other information gathering activity).
(iii)
Engaging in any activity, hosting or
transmitting data or other material that infringes upon or
misappropriates intellectual property rights, including,
without limitation, copyright, trademark, trade secret,
patent, privacy or publicity, moral rights, or other personal
or proprietary rights. This also includes deleting or
falsifying any author ownership attributions, legal notices or
designations of origin in a file that you host or transmit.
(iv)
Permitting use of the NETWORK in any
manner to transmit or store libelous, slanderous or defamatory
statements or otherwise statements that constitute false or
misleading indications of origin or statements of fact.
(v)
Permitting use of the NETWORK as a means
to threaten, harass, stalk, or otherwise violate the legal
rights of others.
(vi)
Hosting or transmitting, or distributing
information regarding the creation and sending of, files that
contain a virus, worm, Trojan Horse, pinging, floating, mail
bombs or denial of service attacks.
(vii)
Hosting, publishing, advertising, storing,
posting, distributing or disseminating child pornography,
obscene or other unlawful material or information.
(viii)
Sending large volumes of unsolicited
e-mails or materials, commercial or otherwise. This risks
overloading our NETWORK and has a negative impact on our
customers and public image.
(ix)
Violating any applicable federal, state,
municipal, local or foreign laws, rules, or regulations.
(x)
Advertising, transmitting or otherwise
making available any software, program, product, information
or service that is designed to violate this POLICY, or
otherwise engaging in activities, whether lawful or unlawful,
that we determine to be harmful to customers, operations,
reputation, goodwill, partners and/or affiliates.
Network
Integrity and Content
We reserve
the right to access a customer's account to investigate and/or
resolve any problems. In addition, you understand we will
cooperate with the appropriate legal authorities or other
parties in investigating claims of activity violating any law
or this POLICY.
No computer system can be completely
protected or should be considered 100% safe from intrusion.
E-mail and other data transmissions over the Internet may pass
through many computer systems, and even with use of encryption
such information is only as secure as the encryption method
used.
We do not generally monitor the activity
of accounts except to measure system utilization and
accumulated billing records. The views and comments expressed
by customers or others hosting or sending data through the
NETWORK are solely those of their authors and do not
necessarily reflect any review, approval or endorsement by us.
Customers acknowledge that we have no control over the
individuals using the Internet and that we do not warrant that
no one will infringe upon your materials hosted on or
distributed through the NETWORK. We are not responsible for
the content or tone of any e-mail or other transmissions, and
customers and others should not expect that we will attempt to
mediate or otherwise become involved in any disagreement or
dispute between Internet users. However, we will cooperate
with appropriate law enforcement agencies involved in
investigating instances.
Indemnification
You agreed
to defend, indemnify, save and hold us harmless and our
parents, subsidiaries and affiliates, and providers
(including, without limitation, iNetProvider, Inc., and its
affiliates) and each of the foregoing party's directors,
officers, employees, agents, contractors, counsel, successors
and assigns, from all liabilities, claims, awards, expenses,
damages and judgments, including reasonable attorneys fees and
cost that arise from your use or misuse of the SERVICES and
NETWORK. This means you will pay for any people's claims
brought against us for which we believe you are responsible.
We reserve the right, at its own expense, to assume the
defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate
fully and pay for the entire amount spent in asserting any
defense.
Disclaimer
of Warranties
YOUR USE OF
THE SERVICES AND NETWORK IS SOLELY AT YOUR OWN RISK. THE
SERVICES AND NETWORK ARE PROVIDED "AS IS" AND
"AS AVAILABLE" WITH ALL FAULTS. THE SERVICES AND
NETWORK ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND
ACCURACY (ALL OF WHICH ARE EXPRESSLY DISCLAIMED). WE DO NOT
REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES AND NETWORK
WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation
of Liability
UNDER NO
CIRCUMSTANCES WILL WE, OUR, PARENTS, SUBSIDIARIES, AFFILIATES
OR PROVIDERS (INCLUDING, WITHOUT LIMITATION, INETPROVIDER,
INC. AND ITS AFFILIATES), AND EACH OF THE FOREGOING PARTY'S
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS,
SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULTS FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
NETWORK. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE
ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH LIABILITIES. REGARDLESS OF ANY DAMAGES
THAT YOU INCUR FOR ANY REASON, THE ENTIRE LIABILITY TO YOU
UNDER ANY PROVISION OF THIS POLICY SHALL NOT EXCEED THE FEES
PAID BY YOU PURSUANT TO THE SERVICES AGREEMENT (OR SUCH LESSER
AMOUNT IF THE LESSER AMOUNT IS SET FORTH IN THE SERVICES
AGREEMENT).
Applicable
Law and General Terms
By using the
SERVICES and accessing the NETWORK, you agree that the laws of
the State of Oregon and of the U.S.A. will govern all matters
relating to your use of the SERVICES and this POLICY, without
giving effect to any contrary conflicts of law principles. You
also agree and hereby submit to the exclusive personal
jurisdiction and venue of the federal and state courts located
in and for Washington County, Oregon, U.S.A. The prevailing
party in any action to interpret or enforce any part of this
Policy shall be entitled to reasonable attorneys' fees and
costs, in addition to any other relief entitled to it. Any
failure by us to enforce any of its rights under this Policy
or applicable laws shall not constitute a waiver of such
rights. If any provision of this Policy shall be deemed
unlawful by a court of competent jurisdiction, or for any
reason unenforceable, then that provision shall be deemed
severable from this POLICY and shall not affect the validity
and enforceability of any remaining provisions hereunder. This
POLICY contains the entire agreement relating to the matters
contained herein. If the service provider indicated on the
first page of this POLICY is any other than iNetProvider,
Inc., then you agree that iNetProvider, Inc., and its
affiliates, shall be deemed an intended third party
beneficiary to this POLICY. This means that Veara and its
affiliates will be permitted to step in and enforce the terms
of this POLICY. |