Terms
of Service / Acceptable Use Policy (TOS/AUP)
iVersit Communications Shared Web Hosting
The Terms of Service and Acceptable Use Policy applies
to you ("the customer") if you have ordered
any shared hosting services (the "Services")
from iVersit Communications ("iVersit").
iVersit is a Web Presence Provider. User accounts
on our Internet servers are subject to compliance with
the terms and conditions set forth below. Under the
terms of this agreement, your placement of information
on our servers is an acknowledgement that you have read
and understood this agreement, and that you agree to
be bound by the terms and conditions below. If you do
not wish to be bound by these terms and conditions,
you should not proceed to place any information of any
kind on iVersit's servers.
1. USER CONDUCT
iVersit's services may only be used for lawful
purposes. Any use of these services which violates any
local, state, federal, or international laws which may
apply to iVersit, your local jurisdiction,
or any jurisdiction that you or your site may be subject
to is strictly prohibited.
While using the service, you may not:
A.Restrict or inhibit any other user from using and
enjoying the Internet;
B.Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, offensive, indecent,
pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or
otherwise violate any local, state, federal or international
law, including without limitation the U.S. export control
laws and regulations, and laws protecting intellectual
property including copyright, trademark, trade secret,
misappropriation and anti-dilution laws;
C.Post, publish, transmit, reproduce or distribute any
information or software which contains a virus or other
harmful component;
D.Post, publish, transmit, reproduce, distribute or
in any way exploit any information, software, or other
material obtained through the service for commercial
purposes (other than as expressly permitted by the provider
of such information, software, or other material);
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless iVersit from any and all liability, penalties, losses,
damages, costs, expenses, attorneys' fees, causes of
action or claims caused by or resulting indirectly from
your use of the service which damages either you, iVersit, or any other party or parties without limitation
or exception. This indemnification and hold harmless
agreement extends to all issues associated with your
account, including but not limited to domain name selection
and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
iVersit reserves the right to refuse or discontinue
service to anyone at our sole discretion. iVersit may deny you access to all or part of the service
without notice if you engage in any conduct or activities
that iVersit in its sole discretion believes
violates any of the terms and conditions in this agreement.
iVersit shall have no responsibility to notify
any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification.
You agree that iVersit has the right to monitor
the service electronically from time to time and to
disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers. iVersit reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that,
in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement.
4. NO WARRANTIES OR GUARANTEES
iVersit makes no warranties or representations
of any kind for the services being offered. The service
is provided on an "as is" and "as available"
basis without warranties of any kind, either express
or implied, including but not limited to warranties
of title, noninfringement, or implied warranties of
merchantability or fitness for a particular purpose.
No advice or information given by iVersit
or its agents or employees shall create a warranty.
iVersit provides no warranty that the service
will be uninterrupted or error free or that any information,
software or other material accessible on the service
is free from viruses or other harmful components. Under
no circumstances shall iVersit be liable for
any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability
to use the service, or for third parties' use of the
service to access your Web space, or to access the Internet
or any part thereof, or your or any third parties' reliance
on or use of information, services, or merchandise provided
on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any
failure of performance. If you are dissatisfied with
iVersit service or any of its terms, conditions,
rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
You understand that by placing information on iVersit servers that such information becomes available
to all Internet users and that iVersit has
no way of limiting or restricting access to such information
or protecting such information from copyright infringement.
You assume total responsibility and risk for your use
of iVersit servers and the Internet. It is
solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice,
services and other information, and the quality and
merchantability of all merchandise provided through
iVersit or on the Internet generally.
5. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible
for use of this account, are at least 18 years of age.
You agree to supply iVersit with a current
and truthful name, postal address and telephone number
for our records, and you have a continued obligation
to keep this information current. You also agree that
you are an authorized user of any credit card that you
supply to us and agree that we have an obligation to
fully investigate any possible fraudulent credit card
use.
6. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere
with the proper operation of the system, including but
not limited to defeating identification procedures,
obtaining access beyond that which you are authorized
for, and impairing the availability, reliability, or
quality of service for other customers. You further
agree not to interfere with the proper operation of
other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to follow
the Acceptable Use Policy of any network or service
you connect to.
You agree to adhere to system policies as published
online by iVersit, including restrictions
on services available with each account type, restrictions
on certain features, and all other policies designed
to protect and enhance the quality and reliability of
service at iVersit. You agree to abide by
any and all future policy decisions.
7. SECURITY
You agree that the security of your account is solely
your own responsibility. You further agree that if you
believe the security of your account has been compromised
in any way, you will notify iVersit immediately in writing
by mail to iVersit, P.O. Box 2107, West Lafayette, IN
47996-2107. You shall be held fully responsible for
any misuse or compromise to your account for which iVersit
is not properly notified. You agree that if any security
violations are believed to have occurred in association
with your account, iVersit has the right to suspend
access to the account pending an investigation and resolution.
You also agree that iVersit has the right to cooperate
in any government or legal investigation regarding any
aspect of our services, including services sold to you.
Any use of our system to engage in software piracy or
other violations of law will result in account suspension
and be immediately reported to the appropriate authorities.
8. DATA BACKUP
Your use of the service is at your sole risk. iVersit is not responsible for files and 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 on iVersit
servers.
9. DATA TRANSMISSION
You agree not to transmit unsolicited or prohibited
advertising or other harassing or illegal materials
through electronic mail, Usenet postings, or other Internet
media. The use of iVersit or any other service
with reference to services obtained through iVersit,
for unsolicited mass mailings, postings, or other activities
considered an annoyance to others, commonly referred
to as "spamming" is strictly prohibited and
will cause your services to be terminated immediately
and without warning and you will be held fully responsible
for any damages to you, iVersit, or any other party
or parties resulting from any such conduct, including,
but not limited to, a $500 penalty.
10. CPU USAGE
Customer agrees that the customer shall not use excessive
amounts of CPU processing on any of iVersit's servers.
Any violation of this policy may result in corrective
action by iVersit, including assessment of additional
charges, and disconnection or discontinuance of any
and all Services; which actions may be taken is at the
sole and absolute discretion of iVersit. If iVersit
takes any corrective action under this section, the
customer shall not be entitled to a refund of any fees
paid in advance prior to such action.
11. PAYMENT
You agree to supply appropriate payment for the services
received from iVersit, in advance of the time
period during which such services are provided. You
agree that all setup fees are non-refundable once setup
is completed. You agree that until and unless you notify
iVersit of your desire to cancel any or all
services received, those services will be billed on
a recurring basis. You agree that if you are paying
by credit card, prepayments will be billed and charged
automatically, and that iVersit may apply
the amount due to the provided card at any time.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic,
or oral communication you may have had with iVersit or any agent or representative thereof, and
constitutes the complete and total agreement between
the parties.
13. SEVERABILITY
If any provision of this agreement is determined to
be invalid or unenforceable, all other provisions shall
remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it
enforceable.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable
laws of the State of Indiana and the United States of
America. Customer agrees that all services provided
by iVersit shall be deemed to have been requested
and provided in Tippecanoe County, Indiana. Customer
agrees to accept service of process related to this
agreement by ordinary mail, postage prepaid, to the
most recent address provided by Customer.
15. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information
on iVersit's servers you are stating and acknowledging
that you have read the aforementioned terms and conditions
and that you understand such terms and conditions and
agree to be bound by them.
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