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HOME » TERMS OF SERVICE  
 
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/verified 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 (installer files/viruses/malicious scripts etc) is/are 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.

2a.) Indemnification Policy

You agree to use all Vertito.com services and facilities at your own risk. Vertito.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Vertito.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Vertito.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Vertito.com, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vertito.com against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Vertito.com’s server. Vertito.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Vertito.com’s server. Vertito.com shall be the sole judge of what violates this Policy.

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. Moreover, for any reason, any income loss, email copies lost, business loss due unstability of server generally caused by other hosting space or accounts inside a dedicated, whether shared, virtual, or dedicated server would not be accountable against VERTITO Hosting Solutions and or any of its upstream providers including but not limited to data centers and/or multi-tier providers locally or abroad.

All servers worldwide are prone to attacks, spams attacks, phishing attacks, DDOS attacks, and all cyber attacks being reported from or to our network may or may cause server unstability, lost of service functions, downtime or inaccessibility would not be in total control or hands by any of our staff, clients or data centers. We ensure restore of service through procedural steps. Attacks to dedicated servers are not in our hands and no guarantee that this would not happen anytime soon or later or in the near future. 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, not a product. 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 for whatever reasons. 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 emails or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VERTITO Hosting Solutions or any of our data centers being used or any of our upstream providers in part or in full of our network services and/or hosting services..
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 if we deemed fit.

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, days of the week, 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 for any means. 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 within 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 and/or threats of our staff in any medium or format will result in the restriction count, or suspension or termination of your services. Accumulated restriction count to three (3) would lead to deactivation and/or termination by us to any of your hosting 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.) 99.5% Network Uptime Guarantee
This 99.5% 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. Again, you agree that vertito.com shall not be liable to you for loss or damages that may result from its refusal to host your website by shared or dedicatedor provided the Services under this Agreement.

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 for what ever reason.

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.

20.) Changes to the TOS
The product and/or services offered by vertito.com are being provided on an "AS IS" and vertito.com expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Vertito reserves the right to revise its policies at any time with or without notice. Due to our evolving business, and the changing nature of the web hosting industry and fast paced technology,, these terms of service may change from time to time. 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.


21.) Rejection of Services
Vertito Hosting reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration and/or discretion. If Vertito Hosting feels that it is not of its best interest, or a liability to obtain a customer, Vertito Hosting will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. Vertito will give notice of cancellation if Vertito Hosting cancels Customers account, as well as temporary suspension and denied services.

22.) Liability
YOU AGREE THAT VERTITO and ITS TEAM WILL NOT BE LIABLE FOR ANY:
(1) USE OF YOUR WEB HOSTING ACCOUNT,
(2) INTERRUPTION OF BUSINESS,
(3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SITE(S) YOU HAVE HOSTED ON OUR SERVER;
(4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
(5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(6) EVENTS BEYOND OUR CONTROL;
(7) THE PROCESSING OF THIS APPLICATION;
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

VERTITO ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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