Terms of Service
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
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.
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.
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
(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
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.
You agreed to defend, indemnify, save and hold us harmless and our parents,
subsidiaries and affiliates, and providers (including, without limitation,
Veara, 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, Veara, 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 Veara, Inc., then you agree that Veara,
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.
Last Updated: May 28, 2015