Vendio User Agreement: WebHosting TermsThese terms are incorporated by reference into Vendio's User Agreement at http://www.vendio.com/ecommerce/terms and are subject to such User Agreement. Your use of any of Vendio's services is subject to the User Agreement in its entirety
VENDIO WEB HOSTING POLICY
1.2. Additional Terms.If you register a new domain name or transfer an existing domain using the Hosting Service, the following terms also apply: http://www.vendio.com/ecommerce/terms/domain_terms
2.1. Account Information. You will provide certain current, complete and accurate information about you as required by the registration process and maintain and update this information as needed to keep it current, complete and accurate (collectively, "Account Information").
2.2. Pre-Existing Domain Names. If you use an existing domain name you previously registered with another provider in conjunction with the Hosting Service and choose to point this domain to your Hosted Content rather than transfer the domain to Vendio, you must request that the original registrar change the name servers for the domain name as instructed by Vendio. If you point a pre-existing domain name, fees payable to Vendio DO NOT include registration fees related to your pre-existing domain name, including renewal fees. You will continue to be responsible for all ongoing fees related to your domain name with your current provider.
2.3. International Use. You will comply with all international and local rules regarding online conduct and acceptable Hosted Content. Specifically, you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2.4. Infringement. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your domain name, you will hold us harmless and indemnify us.
2.5. Domain Name Disputes. This policy incorporates by reference the Domain Name Dispute Policy found at http://www.vendio.com/ecommerce/terms/drp_terms (the"Dispute Policy") . If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Vendio harmless pursuant to the terms and conditions contained in the Dispute Policy. You also understand that it is important for you to regularly monitor (at least several times per week) email sent to the email address associated with the "registrant" in your Account Information because, among other reasons, if a dispute arises regarding a domain name in your account, you may lose your rights to the domain name if you do not respond expeditiously to an email sent in conjunction therewith.
2.6. Transfer to Another Registrar. You may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration or after the expiration, but before the deletion, of your domain name. Your request to transfer to another registrar may be denied in situations which include, but are not limited to, a dispute over the identity of the domain name holder, bankruptcy, and failure to pay fees when due. You assume all risk for a failure of a transfer process if the transfer process is initiated close to the end of a registration term.
2.7. Expiration. It is your responsibility to keep your own records and to maintain your own reminders regarding when your registration is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account information when renewal fees are due to avoid expiration. Should these fees go unpaid, your registration will expire or be cancelled. If you have selected the auto renew feature, we may attempt to renew your registration a reasonable time before the expiration of your registration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date. Expiration of your domain will make your hosted site unreachable and may result in immediate termination of service without refund.
2.8. Registrar Lock. To prevent transfers not initiated by you, we may place a Registrar Lock ("lock") on your domain name. You also have the ability to prevent a transfer to another registrar by placing a lock on your domain name. By maintaining the locked status on your domain name, you are providing express objection to any and all transfer requests issued from another registrar. Should you choose to transfer to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar.
2.9. CPU Usage. You shall not use excessive amounts of CPU processing on any hosted servers. Any violation of this policy may result in corrective action. Such corrective action may include assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken in Vendio's discretion. If Vendio takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event you reasonably expect excessive CPU usage during a special event, such as event-driven exposure of your Hosted Content (i.e. press release, public relations "stunt," or large-scale advertising), it is your responsibility to contact Vendio to make arrangements to accommodate this event and to avoid corrective action as described in this section.
2.10. Bandwidth and Disk Usage. Your bandwidth and disk usage shall not exceed the number of megabytes per month for the Services you ordered (the "Agreed Usage"). Vendio will monitor your bandwidth and disk usage and notify you when you are getting close to your limits of bandwidth and/or disk usage. If you reach the limits of your Agreed Usage, you will be unable to add additional data and/or Vendio will no longer transmit Hosted Content on your behalf until the following month. If you require additional bandwidth and/or disk usage above your Agreed Usage, it is your responsibility to make arrangements with Vendio to avoid this limitation of service.
2.11. IP Address Ownership. If you receive an Internet Protocol address, you shall have no right to use that Internet Protocol address except as permitted by Vendio in its sole discretion in connection with the Services, during the term of this Agreement. Vendio reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its discretion.
2.12. Caching. Customer expressly (i) grants to Vendio a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by Vendio under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
2.13. Name Servers It is your responsibility to ensure that the name servers for the domain name are those required by Vendio. Changing your name server will make your hosted site unreachable and may result in immediate termination of service without refund.
3.1. Term. The initial term of your use of the Hosting Service shall be as set forth during Registration (the "Initial Term"). The Initial Term shall begin upon commencement of the Hosting Service to Customer. After the Initial Term, you will be automatically provided use of the Hosting Service for successive terms of equal length as the Initial Term (each a "Renewal Term"), unless terminated or cancelled by either party as provided in the User Agreement. The Initial Term and all successive Renewal Terms shall be referred to collectively as the "Term."
3.2. Cancellation and Termination by Customer. If you cancel the Hosting Service before the end of the stated Term accepted during Registration, your cancellation will take effect immediately. Your domain name will remain registered for its current term, but will cease working with your email and pointing to your website. After cancellation, you will no longer have access to your website and Vendio may delete all information contained therein. If you are using a subdomain of www.vendioweb.com (e.g. yourname.vendioweb.com), your subdomain will become immediately available for use by another customer upon cancellation. Vendio accepts no liability for limited access or information that is deleted following cancellation or termination.Vendio accepts no liability for such deleted information or content. Cancellation requests must be provided in writing. Cancellation requests received within 3 business days of a renewal may be processed during the subsequent Renewal Term.
3.3. Cancellation and Termination by Vendio. In certain events, your access to the Hosting Service may be Terminated. Such Termination of the Hosting Service may result in the deactivation or permanent deletion of your hosted site and all files contain in your account. Vendio accepts no liability for information that is deleted following cancellation or termination. Vendio may cancel your access to the Hosting Service in the event of
a) Nonpayment by Customer or if your credit card or personal information is invalid for any reason, or
b) At any time, without notice, if in Vendio's judgment, Customer is in violation of any term or condition of this Policy, or
c) Customer's use of the Hosting Service disrupts or, in Vendio's sole judgment, could disrupt Vendio's business operations, or
d) If Customer's domain name associated with Customer's hosting account expires making Customer's hosted site unreachable, or
e) If a name server change initiated by Customer makes Customer's hosted site unreachable
You are responsible for all data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Hosted Content"), whether publicly posted or privately transmitted. Vendio is not responsible for any Hosted Content. You will not engage in any of the following activities:
a) Objectionable Materials. Upload, post, transmit or otherwise make available any Hosted Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable.
b) Minors. Harm minors in any way.
c) Impersonations. Impersonate any person or entity, including, but not limited to, a Vendio official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
d) Identifiers. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Hosted Content transmitted through the Hosting Service.
e) Prohibited Content. Upload, post or otherwise transmit any Hosted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f) Intellectual Property. Upload, post or otherwise transmit any Hosted Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party.
g) Spam. Upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical.
h) Viruses. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
i) Interference. Interfere with or disrupt the Hosting Service or servers or networks connected to the Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Hosting Service.
j) Illegal Activities. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
k) Promotion of Illegal Activities. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating 'Crush' sites.
l) Illegal Sales. Offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Vendio determines, in its sole discretion, is inappropriate for sale through the Hosting Service provided by Vendio.
5.1. License. Vendio does not claim ownership of the Hosted Content you place on your Vendio Web Hosting Site. By submitting Hosted Content to Vendio for inclusion on your Vendio Web Hosting Site, you grant Vendio the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Hosted Content solely for the purpose of displaying, distributing and promoting your Vendio Web. This license exists only for as long as you continue to be a Vendio Web Hosting customer and shall be terminated at the time your Vendio Web Hosting Site is terminated.
6.1. Intellectual Property. The Hosting Service and any necessary software used in connection with the Hosting Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Hosted Content contained in sponsor advertisements or information presented to you through the Hosting Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vendio or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Hosting Service or the Software, in whole or in part.
6.2. License. Vendio grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You will not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Hosting Service. You will not access the Hosting Service by any means other than through the interface that is provided by Vendio for use in accessing the Hosting Service.
6.3. Resale. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Hosting Service, use of the Hosting Service, or access to the Hosting Service without the express permission by Vendio.
6.4. Licensing and Patent Marking Information. See http://www.northbrookdigital.com/VendioLicense.html
8.1. Vendio is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Hosting Service, or other interaction with the Hosting Service. You are responsible for maintaining and backing-up your data and information that may reside on the Hosting Service.
8.2. Vendio does not warrant that (i) the Hosting Service will meet your specific requirements, (ii) the Hosting Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Hosting Service will be accurate or reliable, (iv) the quality of any products, Hosting Services, information, or other material purchased or obtained by you through the Hosting Service will meet your expectations, or (v) any errors in the Software will be corrected.
8.3. Vendio is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
8.4. Vendio will not be liable for any suspension or loss of the domain name registration in your name, use of your domain name registration; processing of this application, or application of the dispute policy.
8.5. Vendio disclaims any representations or warranties that registration or use of a domain name under this agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. Any material and/or data downloaded or otherwise obtained through the use of the e-mail forwarding or other email service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
9.1. Billing. The credit card that you provide will be automatically billed at the beginning of the Initial Term and at each Renewal Term.
9.2. Set-Up Fee. When you register for the Hosting Service you will be charged a one-time non-refundable set up fee as selected during Registration.
9.3. Refund Policy. All domain name sales (including those included for free as part of a Hosting Service selection) are final and non-refundable in any event, including, but not limited to accidental misspellings of domain name purchases or cancellation as provided in section 3. After the first 30 day period after registration, Hosting Service sales are non-refundable in any event, including, but not limited to cancellation as provided in section 3. Any refunded amounts will be less a charge equivalent to Vendio's standalone domain sales fees for any free domains initially offered as part of the refunded Hosting Service registration.
9.4. Data Transfer or Storage Fees. If you make arrangement with Vendio for extra data transfer or storage for the Hosting Service, you will be billed for mutually agreed non-refundable charges. You will not be refunded for the extra data transfer or storage that you did not use.
9.5. Upgrades and Downgrades. You will have the ability to upgrade or downgrade the Hosting Service at any time during the Term. Such upgrade or downgrade will take effect immediately. For any upgrade from Personal to Business, or from Mini to Personal or Business, your Vendio account will be credited a pro-rata amount for the lower level of Hosting Service, and your credit card will be charged a full Term amount for the higher level Hosting Service. The Vendio credit will be based on the number of days remaining in the Term, and will exclude the fees related to any free domain which might have been offered with the plan. No refunds will be offered for downgrades.