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Application Licensing

VERIO'S THIRD-PARTY APPLICATION LICENSING INFORMATION


This page contains information regarding third-party licensing for many of Verio's products and services. This page may be updated from time to time. By choosing to install and/or use any of the products and services listed here and continuing to use them after each update, you agree to the separate licensing agreements that apply to each of them, in addition to the applicable Terms and Conditions. Capitalized terms not herein defined shall have the meanings given to them in the Verio Terms and Conditions of Service.

A. Open-Source Applications, Free Applications, and Application Add-Ons

This Section applies to all Open-Source Applications, Free Applications, and Application Add-Ons products that are, have been, or may be included in or made available for access, download, or installation (collectively referred to herein as the “Free Add-Ons”) through your Portal on some or all of Verio's Services. Certain Services may use a tool in order to manage your Free Add-Ons. By using this tool, you agree to their additional Terms and Conditions of Service, available here: http://www.simplescripts.com/home/tos

Access to the Free Add-Ons is provided as a courtesy only. Verio does not provide the Free Add-Ons, and Verio provides no warranty (or IP Indemnification) for any of the Free Add-Ons.

By choosing to install and/or use any of the Free Add-Ons, you also agree to the separate licensing agreements that apply to each of them. For a list of the Free Add-Ons, as well as links to their licensing provisions, please see below.

The Free Add-Ons listed here include items that may not be currently available, or that may not be available on all plans. This list is not intended to be an exhaustive list. If you have installed or use any Free Add-On that is not currently on this list, it is your responsibility to be aware of and agree to any licensing provisions that apply to it by the Free Add-On's Provider.

This list is provided as a courtesy only, and Verio is not responsible for the content of the linked pages or any errors or omissions therein. This page may be updated from time to time.

B. Hosted Microsoft Software Use – Terms and Conditions

This document concerns your use of Microsoft software, which includes computer software provided to you as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually or collectively “Licensed Products“). Verio does not own the Licensed Products and the use thereof is subject to certain rights and limitations of which Verio needs to inform You. Your right to use the Licensed Products is subject to Your agreement with Verio, and to Your understanding of, compliance with and consent to the following terms and conditions, which Verio does not have authority to vary, alter or amend.

  1. DEFINITIONS.
    For purposes of this Appendix, the following definitions will apply: “Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone”, or other electronic device. “Server Software” means software that provides services or functionality on a computer acting as a server. “Redistribution Software” means software described in Paragraph 6 (“Use of Redistribution Software“) below.
  2. OWNERSHIP OF LICENSED PRODUCTS.
    The Licensed Products are licensed to Verio from an affiliate of the Microsoft Corporation (“Microsoft“). All title and intellectual property rights in and to the Licensed Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Licensed Products) are owned by Microsoft or its suppliers. The Licensed Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Licensed Products does not transfer any ownership of Licensed Products or any intellectual property rights to You.
  3. COPYRIGHT, TRADEMARK AND PATENT NOTICES.
    You must not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Licensed Products. You must include Microsoft's copyright notice on any labels or documentation (including online documentation) for Verio's products that include the Licensed Products. You have no right under this Agreement to use any Microsoft logos in any manner whatsoever. Whenever a Licensed Product is first referenced in any written or visual communication, You must use the appropriate trademark, Licensed Product descriptor and trademark symbol (either ™ or ®), and clearly indicate Microsoft's (or Microsoft's suppliers’) ownership of such marks. For information on Microsoft trademarks, including a listing of current trademarks, see http://www.microsoft.com/trademarks. You must not undertake any action that will interfere with or diminish Microsoft's (or Micrososft's suppliers’) right, title and/or interest in the trademark(s) or trade name(s). At Microsoft's or Verio's request, You must provide Microsoft with samples of all of Your written or visual materials that use a Licensed Product name.
  4. ANTI-PIRACY.
    You must not engage in the manufacture, use, distribution or transfer of counterfeit, pirated or illegal software. You may not distribute or transfer Licensed Products to any party that You know is engaged in these activities. You must report to Microsoft any suspected counterfeiting, piracy or other intellectual property infringement in computer programs, manuals, marketing materials or other materials owned by Microsoft, its Affiliates and/or its licensors as soon as You become aware of it. You will cooperate with Microsoft in the investigation of any party suspected of these activities.
  5. USE OF CLIENT SOFTWARE.
    You may use the Client Software installed on Your Devices by Verio only in accordance with the instructions, and only in connection with the services, provided to You by Verio. The terms of this Appendix permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during Your use of the Client Software.
  6. USE OF REDISTRIBUTION SOFTWARE.
    In connection with the services provided to You by Verio, You may have access to certain “sample,” “redistributable” and/or software development (“SDK“) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR“) APPLICABLE TO VERIO, WHICH TERMS MUST BE PROVIDED TO YOU BY VERIO. Microsoft does not permit You to use any Redistribution Software unless You expressly agree to and comply with such additional terms, as provided to You by Verio.
  7. COPIES.
    You may not make any copies of the Licensed Products; provided, however, that You may (a) make one (1) copy of Client Software on Your Device as expressly authorized by Verio; and (b) You may make copies of certain Redistribution Software in accordance with Paragraph 6 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of Your agreement with Verio, upon notice from Verio or Verio Hosted Exchange Schedule PL V 1.0 Page 3 of 4 upon transfer of Your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the Licensed Products.
  8. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
    You may not reverse engineer, decompile, or disassemble the Licensed Products, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
  9. NO RENTAL.
    You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute Licensed Products to any third party, and You may not permit any third party to have access to and/or use the functionality of the Licensed Products.
  10. TERMINATION.
    Without prejudice to any other rights, Verio may terminate Your rights to use the Licensed Products if You fail to comply with these terms and conditions. In the event of termination or cancellation, You must stop using and/or accessing the Licensed Products, and destroy all copies of the Licensed Products and all of their component parts.
  11. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.
    ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY VERIO AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
  12. PRODUCT SUPPORT.
    Any product support for the Licensed Products is provided to You by Verio and is not provided by Microsoft or its affiliates or subsidiaries.
  13. NOT FAULT TOLERANT.
    THE LICENSED PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE Licensed Products COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
  14. EXPORT RESTRICTIONS.
    The Licensed Products are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the Licensed Products, including U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issue by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
  15. DISCLOSURE OF INFORMATION.
    You hereby consent to Verio providing information regarding Your Account to Microsoft to the extent it is required to do so under the terms of its license agreement with Microsoft.
  16. LIABILITY FOR BREACH.
    In addition to any liability You may have to Verio, You agree that You will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
  17. OWA ACCESS RESTRICTIONS.
    You acknowledge and agree that if You have an Outlook Web Access-only (OWA-only) Account (Basic SAL license), You are restricted from and will not use shared folders, shared calendars, shared contacts, shared tasks and public folders with respect to such access.

C. Accrisoft Business Applications: End-User Licensing Agreement

Accrisoft Corporation's (“Accrisoft“), located at 1900 NW Corporate Blvd, Suite 400 East, Boca Raton, Florida 33431, web based commerce, productivity, and information-sharing software applications (the “Accrisoft Software“) is implemented on this website. The site has either been designed and is owned by Accrisoft (“Accrisoft Designed Website(s)“), or has been designed by third parties for you (“Third Party Designed Website(s)“). (The Accrisoft Software both on a stand alone basis and as integrated into Accrisoft Designed Websites are sometimes referred to as the “Accrisoft Product(s)“.) A copy of the Accrisoft Product (which includes the Accrisoft Software and may include the Accrisoft Designed Website) is provided to you under the license and subject to all terms and conditions herein, and subject to Accrisoft's General Terms of Use and any amendments to them that may be posted by Accrisoft from time to time on this site or at www.accrisoft.com. These documents are collectively referred to as the “Agreement“.

In order to exercise the rights granted to you herein you must first agree to be bound by the terms and conditions of the Agreement, without counter offer, addition, deletion or variance, all of which are rejected by Accrisoft. Indicate your acceptance by clicking on “Accept” in this dialog box. If you view or use this site, or make this site accessible by users over the internet or by any other means, then your viewing, use or that accessibility will also be your acceptances of the terms and conditions of the Agreement. Any of these actions will constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement and returned your signed copy to Accrisoft. If you exit this dialog without clicking “Accept”, or you click “Reject”, and you do not use or make this site accessible, then you reject the Agreement, have no rights whatsoever with respect to any Accrisoft Products, and must immediately delete all copies of the Accrisoft Products.

  1. You represent to Accrisoft that you are a business, and that the Accrisoft Products are used by you in business. You agree not to use or allow access to the Accrisoft Products in or from any country in the world where the use or access are not legal, prejudice any rights of Accrisoft, or require special rights or licenses be obtained by you or Accrisoft.
  2. You will provide, at your own cost and expense, your unique text, photographs, graphics and other content required for the site. It is your and your Accrisoft Reseller's responsibility to web-enable your content for the site. The Accrisoft Products may not accommodate all content. You must contract to host the site with Accrisoft or your Accrisoft Reseller. You have no right to host the site yourself, or with any other internet service provider or hosting company. If you purchase hosting services from Accrisoft those services are subject to other agreements that must be entered into by you. Until such time as you accept the Agreement the Accrisoft Products are only available for setup and customization by your Accrisoft Reseller, and may not be viewed or used by you or any other person or entity.
  3. You agree to abide by Accrisoft's administration and update policies that are in effect from time to time. You have been provided with an end-user ID and password. You represent to Accrisoft that upon your first access to the site you entered the end-user ID and Password and read and accepted the Agreement (if you rejected the Agreement you are obligated to delete all copies of the Accrisoft Products). You agree that you will not permit any other person or entity to have or use your ID and password. Accrisoft Products must at all times have internet access. The Accrisoft Products are programmed to automatically contact Accrisoft's license servers through the internet, at intervals determined by Accrisoft, during which contact the Accrisoft Products are reset and Accrisoft may provide updates and administer the products. In the event that the Accrisoft Products do not make the required contact then the Accrisoft Product will automatically cease operation, and will only be reset by Accrisoft if you are not in default of the Agreement, your Accrisoft Reseller is not in default of its agreements with Accrisoft, and Accrisoft is paid its then current reset fee.
  4. The Accrisoft Products may contain content or feeds from, or links to, third party websites or vendors (“Third Party Providers“). Accrisoft may from time to time change Third Party Providers for like services, and Third Party Providers may from time to time change the content or feeds that they provide, or change the websites to which links are provided or Accrisoft may from time to time remove services provided by Third Party Providers (all of the foregoing are “Third Party Changes“). In addition to Third Party Changes, Accrisoft may, but is not obligated to, modify the Accrisoft Products from time to time to when Accrisoft determines it is necessary or desirable.
  5. Accrisoft owns all intellectual property in, to and under the Accrisoft Products (as originally constituted and as later modified by Accrisoft) except for source material provided by you or your Accrisoft Reseller for incorporation into the site, which shall remain your separate intellectual property or of your Accrisoft Reseller, as applicable. No Accrisoft Product shall be deemed a joint work, compilation, derivative work or other work of multiple authorship as a result of incorporation of your or your Accrisoft Reseller's source material, or inclusion of material in CAR modules (defined herein), or any content from Third Party Providers or other third parties.
  6. Subject to all other terms and conditions in this Agreement, Accrisoft hereby grants to you for so long as the Agreement and or this license is not terminated as provided herein, a license to: (i) use technical and other information provided by Accrisoft or your Accrisoft Reseller regarding Accrisoft Products in furtherance of your use of the Accrisoft Products; (ii) setup Accrisoft Products and administer CAR modules with content in accordance with Accrisoft's customization and setup policies in effect from time to time; (iii) use the Accrisoft Products and permit internet access to the Accrisoft products for use by others, as the Accrisoft Products are hosted by, and only as hosted by, Accrisoft or an Accrisoft Reseller on Accrisoft approved servers. You have no other rights or licenses with respect to any Accrisoft Products, or any other material provided by Accrisoft. Without limiting the generality of the foregoing, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, unlock, decrypt or otherwise attempt to derive source code or view the code of any Accrisoft Product. You also agree to not remove, obscure, or alter Accrisoft's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Accrisoft Products. Upon the termination, or during any suspension, of the of the Agreement or this license as provided herein, you must immediately cease all of these licensed activities and delete all copies of Accrisoft Products.
  7. Accrisoft may in its discretion terminate or suspend the rights and licenses granted to you herein, without providing you with any advance notice, in the following events: you fail timely to pay any amounts due from you to your Accrisoft Reseller; your Accrisoft Reseller fails timely to pay all amounts due from it to Accrisoft, even if you timely pay your Accrisoft Reseller; if your Accrisoft Reseller materially breaches any of its agreements with Accrisoft; or if you materially breach the Agreement. Accrisoft may in its discretion, without providing you with notice, suspend operation or shutdown and/or delete the copies of the Accrisoft Products at any time that the rights and licenses granted to you herein are suspended or terminated. In the event that your license is suspended or cancelled and your Accrisoft Products are suspended or shutdown, as a result of a default by your Accrisoft Reseller and not by you, you may contact Accrisoft end-user customer service and open an end-user account, pay Accrisoft its then current end-user license and hosting fees, and other amounts, directly to Accrisoft and we will reset and host your Accrisoft Products.
  8. You agree to defend (with counsel chosen by Accrisoft) and shall hold Accrisoft, its officers, directors and shareholders harmless against all damages, costs and expenses of every type and description that result from or are related to your domains, Third Party Designed Websites, any content for Accrisoft Designed Websites and Third Party Websites that is not provided by Accrisoft, any material input by or for you in any CAR modules, any acts or omissions by you, your employees and agents relating to use of the Accrisoft Products, regardless of the grounds and regardless of whether litigation is commenced.
  9. Accrisoft does not provide end-user support. You must contact your Accrisoft Reseller, not Accrisoft, for all customer support including for product training, complaints and technical problem solving, and issues related to modules designated by Accrisoft from time to time as having Customer Administration Rights (“CAR”). You acknowledge and agree that your reseller is an independent company not related to Accrisoft, and it does not act for, and has no authority to bind, Accrisoft. You acknowledge and agree that Accrisoft is not liable for any act or omission of your Accrisoft Reseller. If you wish to log a complaint to Accrisoft regarding your Reseller you may do so through our end-user customer service department.
  10. You own all user data, whether input into the Accrisoft Products by users or gathered automatically from users’ computers through software interfaces (“User Data“). User Data that is gathered through the Accrisoft Products may be downloaded by your CAR module administrator. At your option you may elect to restrict access to User Data by written notice to Accrisoft delivered to its corporate headquarters and marked to the attention of customer service. If you do not so elect, then Accrisoft may gather User Data during its administration of the Accrisoft Products, and it may use, at no cost, all such data as it desires. You agree that you shall notify Accrisoft to restrict access to User Data if such User Data is subject to any data privacy laws, rules or regulations, that would be breached absent such restriction and you shall defend and hold Accrisoft harmless against all claims, damages, liabilities and expenses of every type and nature, in the event that you fail to request that access to such data be restricted.
  11. In addition to other grounds for suspending and canceling your license and suspending or shutting down the Accrisoft Products, Accrisoft may immediately without notice terminate your licenses and shutdown the Accrisoft Products if any content is posted to the website implementing the Accrisoft Product that is illegal, abusive or unethical. Illegal, abusive or unethical content includes, but is not limited to, spamming, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by Accrisoft.
  12. Accrisoft may list you as an Accrisoft customer and may list Accrisoft Designed Websites as such. As applicable, the Accrisoft Designed Websites and Third Party Designed Websites with Accrisoft Products, and the other Accrisoft Products, may contain Accrisoft's legend indicating that the Accrisoft Designed Websites and/or Accrisoft Software were designed and the copyright is owned by Accrisoft, and/or that it is powered by Accrisoft, or other similar legends. Any notice that a copyright is owned by an Accrisoft Reseller or by you is only a reference to the content provided by the Reseller and you, and not the Accrisoft Product or any of its underlying computer code. The Agreement, all IDs and passwords provided by Accrisoft, the non-viewable structure of the Accrisoft Products, and Accrisoft's other confidential business and technical information are Accrisoft's “Confidential Information“. You shall not disclose the Confidential Information to third parties nor directly or indirectly use the Confidential Information for your own or another's benefit except as contemplated herein for so long as your end-user license hereunder remains active, and then for three (3) years thereafter.
  13. ACCRISOFT PROVIDES YOU WITH NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You have represented that you are a business and that the Accrisoft Products will be used in your business. If you use, or intend to use, the Accrisoft Products for your home or personal purposes than the licenses granted to you herein terminate and the Accrisoft Products must be shut down and deleted. Accrisoft is not liable to you for any reason whatsoever, and you have no remedy against Accrisoft for any loss, damage or expense of any kind, including but not limited to, consequential, special, incidental or punitive damages or loss of profits, damages for lost profits or for damages based upon strict or absolute liability in tort, damages in contract or by statute, damages for lost data, spamming, viruses, interrupted transmissions, or unauthorized access to the Accrisoft Products, whether or not caused directly or indirectly by Accrisoft's performance or failure to perform hereunder, and regardless of whether Accrisoft has been informed of the possibility of such damages.
  14. The Agreement is the entire Agreement and understanding between the parties as to the subject matter hereof, and supersedes all prior or contemporaneous agreements, written or oral. Information on Accrisoft's website is promotional in nature is not an agreement by Accrisoft. The Agreement may not be amended, and no provision may be waived, except in a writing executed by both parties. Where the context of the Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular, and masculine, feminine and neuter pronouns shall be equivalent in meaning. You may not assign the Agreement or any of your rights or obligations hereunder, in whole or in part, without the written consent of Accrisoft. Any purported assignment without Accrisoft's consent shall be void. Sale of you, whether by merger, asset sale, stock sale or otherwise, shall be deemed an assignment of the Agreement. All notices hereunder shall be in writing and given by certified mail, overnight delivery or by fax transmission if a delivery receipt is obtained, to the parties at their headquarters. This Agreement shall be deemed to have been made in Boca Raton, Florida for all purposes and shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without regards to conflict of laws, and the parties expressly opt out of all applicable international treaties and conventions that may impact the making, performance or enforcement of the Agreement. Notwithstanding the foregoing, the federal laws of the United States, all foreign laws and all international treaties and conventions that provide Accrisoft with protections and/or rights in connection with Accrisoft's intellectual property and trade secrets shall apply. All actions relating to the making or performance of the Agreement shall be brought in the courts, state or federal, sitting in Palm Beach County, Florida, and the parties hereby consent to the jurisdiction and venue of such courts. Notwithstanding the foregoing, Accrisoft may bring suit in any court or before any other body if it deems it necessary to enforce or protect its intellectual property or confidential information, or to enforce its rights or your obligations under the Agreement. The Agreement shall be interpreted in English only and all proceedings of any type related to the Agreement shall be conducted in English only. You agree not to exercise your license rights and not to use or allow any use of Accrisoft Software in any country as to which such exportation or use is prohibited under the laws of the United States or such other country. You agree to comply with all laws, rules and regulations of Florida and the United States, including those governing export control and you agree that you and/or your Reseller are responsible for payment of all tariffs and other charges that may be applicable to your purchase of this end-user license or use of the Accrisoft Software outside of the United States and you agree to defend and hold Accrisoft harmless against all such issues and any such tariffs or other charges. All amounts under this Agreement are in United States Dollars. Termination or suspension of the licenses granted to you herein does not terminate or suspend any of Accrisoft's rights or your obligations hereunder which will survive such suspension or termination of the licenses and the shutdown and deletion of the Accrisoft Products.

D. SEO Tools: End-User Licensing Agreement And Terms Of Service Addendum

This SEO Terms of Service Addendum is a legal agreement among you on the one hand, and Verio Inc. (“Verio”) and its third-party Service Provider (“Service Provider”) on the other hand. The following terms and conditions (the “Terms of Use”) govern your use of the search engine optimization website, and your purchase and use of various online tool and services, whether fee-based, usage based or free of charge. The services are referred to as “Basic Submission, MarketerPro SEO Program, TechPro SEO Program, and any other SEO Program (the foregoing collectively referred to as the “SEO Program”) and the “Local Submission tool” (all of the foregoing collectively referred to herein as “SEO Services”) The SEO Services are provided by Verio and its Service Provider. Please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use the SEO Services web site or the SEO Services provided here. By using the SEO Services web site or the SEO Services provided thereon, you agree to be, and are, bound by these Terms of Use, as well as any additional terms, including the Verio Services Agreement, specific to the particular services for which you register.. These Terms of Use may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of SEO Services web site and the SEO Services after any such update signifies your acceptance of such modified Terms of Use.

  1. GENERAL PROVISIONS

    Except for other agreements, terms, or policies appearing on the SEO Services web site, these Terms of Use, along with any other terms, conditions, and policies referenced herein, constitutes the entire agreement among the parties with respect to the SEO Services web site and SEO Services. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND THE TERMS OF THE SERVICES AGREEMENT, THESE TERMS OF USE SHALL GOVERN You acknowledge and agree that your web site and business contact information (name, URL, etc.) may be utilized by Verio and the Service Provider. Possible uses include (but are not limited to) lists of member sites, general promotional uses, etc. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be amended to achieve its intended effect as nearly as possible and will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or Verio and the Service Provider's rights and remedies under these Terms of Use in any other way.

  2. PROPRIETARY RIGHTS TO CONTENT

    Verio and its Service Provider retain all rights to their respective trademarks, logos and service marks (collectively, the “Marks”) and nothing in these Terms of Use grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. Unless expressly stated on the SEO Services, you should assume that all content, images, and materials appearing on this web site (collectively, the “Content”) are the sole property of the originator and owner of the Content. Both U.S. and international copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without the owner's prior written consent. You may not link to any page within the SEO Services web site or frame any portion of the site without prior written consent.

  3. RIGHT OF REFUSAL

    Verio and its Service Provider reserve the right, in its sole discretion, to refuse any registration or service activation request for any reason or no reason, and shall not be obligated to provide any service to you unless and until it has charged your credit card for the applicable fee.

  4. USE OF SERVICES/WEB SITE

    Verio will provide you with the SEO Services for which you register, subject to the terms and conditions of these Terms of Use. You acknowledge that the SEO Services may be offered in various separately priced service levels or packages (“Program Plans”), and you will only receive the Program Plans that you have registered for, and for which you are paying all associated fees.

    Verio and its service provider reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the SEO Services web site and/or the SEO Services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Use. Neither Verio nor its Service Provider will be liable to you or any third party as a result of such modification or discontinuation of the SEO Services web site and the SEO Services.

    The provisions of these Terms of Use will survive any termination of the SEO Services web site or SEO Services provided pursuant to these Terms of Use.

    You agree that from time to time the SEO Services web site and/or SEO Services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability. You agree that Verio and its Service Provider are not responsible for the functionality of the SEO Program, or any individual SEO Service offered as part of the SEO Program You also agree that while Verio and its Service Provider may submit changes to the Search engines and directories on your behalf, Verio and its Service Provider cannot guarantee that the search engines and directories will make those changes correctly or in a timely manner or that they will make the changes at all.

    You agree that Verio and its Service Provider may place limitations and restrictions on the access and/or use of the SEO Services including, but not limited to, the access of a given SEO Service and the number of changes that may be made within a given SEO Service. The limitations and restrictions may change without notice. You agree to be solely responsible for any authorized or unauthorized access to your account by any person, including, without limitation, any charges to your account by Verio. If any unauthorized access occurs, then you agree that you must notify Verio via phone and email immediately, and Verio will suspend the account until a new password is in place.

  5. DISCLAIMER

    You acknowledge and agree that your use of the SEO Services website and SEO Services is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the SEO Services web site and all SEO Services offered under these Terms of Use are provided to you “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VERIO AND ITS SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. VERIO AND ITS SERVICE PROVIDER MAKE NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE SEO SERVICES IS ACCURATE OR COMPLETE, OR THAT THE SEO SERVICES WEB SITE OR SEO SERVICES WILL BE AVAILABLE, OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.

  6. LINKS

    The SEO Services web site may contain links to other Internet web sites or resources. You acknowledge and agree that neither Verio nor its Service Provider are responsible or liable in any way for (i) the availability or accuracy of such web sites or resources, or (ii) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on our web site does not imply that Verio or its Service Provider endorses any of the linked sites. You use the links at your own risk.

  7. REGISTRATION AND ACCOUNT USE
    1. You agree that any information you provide to Verio in connection with your SEO Services registration and other forms will be true, accurate, current and complete and you have the authority to provide such information. In particular, you agree not to misrepresent your identity to Verio. You will notify Verio of any changes to your registration data during the term of these Terms of Use and submit updated information within ten (10) days of any such changes;
    2. By submitting any information to Verio, you grant Verio and its Service Provider the right to use this information to provide any SEO Services you request and for any other purpose that is consistent with Verio's privacy notice, which notice is set forth on the Verio site.
    3. None of the URLs you submit to Verio link to any web page or site that contains any:
      1. nudity, pornography, or other sexual or adult material;
      2. hate propaganda or material that encourages or promotes illegal activity or violence;
      3. content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;
      4. material that promotes or utilizes software or services designed to deliver unsolicited email;
      5. material that violates any local, state, or national law or regulation;
      6. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
      7. other material that Verio or its service provider, in their sole discretion, deems inappropriate, including any violations of standards posted on the SEO Services web site or sent to you by email;
    4. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the SEO Services web site and SEO Services, to any third party without Verio's and its service providers written consent;
    5. You will comply with all local, state, and federal laws and regulations governing your actions under these Terms of Use; and
    6. You hereby authorize Verio and its Service Provider to perform all SEO Services hereunder on your behalf with each applicable search engine and directory, including, without limitation, the opening of or changes to your accounts with each applicable search engine and directory. Upon request by Verio or its service provider, you shall immediately provide a written statement in a form acceptable to Verio and its service provider and any applicable search engine and directory confirming Verio and the Service Provider's authority listed within these Terms of Use. Without limiting its other remedies, Verio may refuse or cancel your account or SEO Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (d) above, Verio and its Service Provider reserve the right to monitor the content of the web pages or sites that correspond to the URLs you submit for SEO Services.
    7. You hereby agree to remove the website analytics code from all pages of your website upon cancellation or termination of the services.
    8. Without limiting its other remedies, Verio and its Service Provide may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (c) above, Verio and its Service Provider reserves the right to monitor the content of the Web pages or sites that correspond to the URLs you submit to Verio or its Service Provider.
  8. LIMITATION OF LIABILITY

    If you do not agree with our Terms of Use or if you are not satisfied with the SEO Services web site or any of the SEO Services, your sole remedy is to discontinue your use of the SEO Services web site and SEO Services. NEITHER VERIO NOR ITS SERVICE PROVIDER WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE SEO SERVICES WEB SITE OR SEO SERVICES, THE SEO SERVICES SOFTWARE, ANY DATA, OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE SEO SERVICES WEB SITES OR SEO SERVICES OR THROUGH THE SEO SERVICES WEB SITES AND SEO SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERIO OR ITS SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. IN NO EVENT SHALL VERIO'S AND ITS SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN DOLLARS ($0.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE SEO SERVICES WEB SITES AND SEO SERVICES. Without limiting the foregoing, neither Verio nor the Service Provider is responsible for any of your data residing on their respective hardware. You are responsible for backing-up your data and information that may reside on Verio or the Service Provider's hardware, whether or not such information is produced through the use of the Verio or its service provider's web site or services.

  9. INDEMNITY

    You agree to defend, indemnify, and hold harmless Verio and the Service Provider, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the SEO Services website and SEO Services, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

E. Operating System Templates

This section applies to all Operating System (OS) templates that are, have been, or may be made available for access, download, or installation to customers of Cloudn® (collectively referred to herein as the “OS templates”).

This list is provided as a courtesy only, and Verio is not responsible for the content of the linked pages or any errors or omissions therein. This section may be updated from time to time.

NOTE: If you choose to install Microsoft Windows Server 2008, there is one special requirement: Verio's licensing agreement with Microsoft for Windows Server is part of their “Mobility Licensing” program for Service Providers. This program requires that customers register with Microsoft directly. Instructions to do this are included in the “New Account Notification” email that a customer receives when they create a Cloudn® account (along with login information). The instructions state:

“In the event Reseller or its customer plans to deploy a Microsoft server application on a virtual machine, Reseller (and Reseller's customer) understand and agree that Microsoft requires Reseller (or Reseller's customer if applicable) to fill out and submit the Microsoft Mobility License Verification Form within 10 days of deployment. The form and instructions for submission can be found at the following URL: http://www.microsoft.com/licensing/software-assurance/license-mobility.aspx#tab=2.”

F. Watchitoo® Terms and Conditions

  1. Access Numbers and Passcodes. Customer shall maintain the confidentiality and security of such Customer's Service access numbers and passcodes. Customer shall be liable for fraudulent charges until such time as Customer has notified Verio to suspend any compromised access numbers and/or passcodes.
  2. Customer Content. The content provided by each Customer (“Customer Content”) shall not include content which
    1. is prohibited by federal, state, local or other applicable laws or regulations;
    2. infringes or violates intellectual property rights or any other proprietary rights of third parties;
    3. violates any person's right of privacy or right of publicity;
    4. defames, libels, or slanders any person;
    5. contains adult-oriented or age-restricted products or services without applicable or required age-verification services;
    6. contains obscene or hate-related content; or
    7. includes or transmits software viruses, Trojan Horses, Worms, Vandals, Spyware or any other malicious applications.
  3. Ownership of Licensed Content. Customer guarantees that Customer (i) owns or has all necessary licenses, rights, and permissions in the Customer Content to authorize Watchitoo to perform the Services, (ii) has obtained legally binding assignments or licenses with respect to all Customer Content, and (iii) will license to Watchitoo all proprietary rights in the Customer Content to the extent required to permit Watchitoo to perform the Services.
  4. Clearance Obligations. Each Customer is solely responsible for (a) procuring and maintaining during the term of such Customer's use of the Watchitoo Platform and Services all third party rights, licenses and clearances associated with the relevant Customer Content required for the use, development, reproduction and distribution of the music, soundtracks thereof to end users as specifically contemplated herein including, without limitation, rights and license which inure or may inure to the benefit of composers, authors and publishers of music, master recording rights, server copy rights, ephemeral recording rights, moral rights, synchronization rights and other applicable publishing rights appurtenant to the sound recordings and musical compositions embodied in such Customer Content.
  5. Removal of Customer Content. Watchitoo may, but is not obliged to, review the Customer Content and delete Customer Content or any part thereof, remove it, block access to it, or refuse to upload it on the Services, for any reasonable cause, including because such Customer Content does not conform to the representations, warranties and covenants set forth in the Watchitoo Terms.
  6. Indemnification. Customer will indemnify and hold Verio and Watchitoo harmless for any breach of the provisions of the Terms and Conditions including, without limitation, the provisions in the Watchitoo Terms.
  7. Verio or Watchitoo may amend at any time the provisions of the Watchitoo Terms by posting revised terms and conditions on this website.

G. XpressDocs® Terms and Conditions

  1. Customer must provide Publisher with final approval of the copy for Customer's direct mail ad postcard (the ”Ad”) by the deadline set by Publisher. If Customer fails to do so, Publisher will mail the Ad at the earliest practicable date following receipt of Customer's approval of the Ad copy and payment by Customer to Publisher of any additional costs incurred by Publisher attributable to Customer's failure to meet the deadline.
  2. Publisher will deliver to the appropriate U.S. Postal Service location one Ad (one postcard) for standard mail delivery in the selected time period to each targeted residence in the selected market area.
  3. Customer may cancel an order for direct mail advertising only by giving written notice of such cancellation to Publisher not less than ten (10) days following execution of the Agreement. Notice must be sent as required by the Agreement. Customer's payment for the Ad will be retained by Publisher and such payment, less any costs incurred by Publisher, will be applied to the cost of any advertising program purchased by Customer from Publisher within two years after the date of the Agreement.
  4. Payment in full for direct mail advertising is due at the time that the Agreement is signed by Customer.

H. RapidBuilder™ Content Terms and Conditions

These Content Terms and Conditions (the “Content TC”) govern your right to use Images (as defined below).

As part of your purchase of the RapidBuilder Services, Verio agrees to grant you, as part of the use of the RapidBuilder Services, the right to use or access to Images, which Verio makes generally available from time to time. Without derogating from any other provision of the Verio Terms and Conditions, the following terms shall apply with respect to the Images:

By downloading, accessing or using the Images, you acknowledge that you have read the Content TC and that you accept and agree to be bound by them. If you are not willing to be bound by the Content TC, you must refrain from downloading or using the Images.

All terms used herein not otherwise defined shall have the meaning ascribed to them in the Verio Terms and Conditions.

  1. Definitions: “Images” shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation which are obtained via download from the RapidBuilder Services, together with all accompanying metadata and other material.
  2. Copyright: The Images are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Images shall remain the sole and exclusive property of Verio, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of the Content TC. Use of the Images without agreeing to the Content TC, or a breach of the Content TC, constitutes copyright infringement.
  3. Grant: Verio grants you a non-exclusive and non-transferable license to use the Images only as provided in the Content TC.
  4. Permitted Uses: you may, subject to Section 5 below, download the Images to the Websites created by Verio's RapidBuilder Services.
  5. Prohibited Uses: You may NOT:
    1. Sublicense, distribute, transfer, rent, lease, lend or assign the Images, rights or a copy thereof, to the Images, to any person or legal entity.
    2. Reverse engineer, decompile, translate, or disassemble any part of the Images.
    3. Remove any copyright, trademark or watermark from any place where it appears on the Images.
    4. Use the Images, or any part of the Images, as part of a trademark, service mark, or logo. Verio or its licensors retain the full rights to the Images, and therefore you cannot establish your own rights.
    5. Use the Images to compete with Verio or its licensors. Verio is in the business of licensing images to its customers (among other things). It is the specific intent of this provision to prohibit you from using the Images to enter, either directly or indirectly, a similar or competing business.
    6. Use the Images apart from the RapidBuilder Services.
    7. Use the Images in any downloadable format intended for multiple distribution including, without limitation, templates, Web site templates, RapidBuilder Services products, e-greetings, etc, or as part of an online database or any other database, or any derivative product containing the Images in such way that would allow a third party to download, extract or access the Image as a stand-alone file.
    8. Use the Images as the primary basis for any individual or collection of physical or digital objects which you then offer for sale.
    9. Use the Images in any way that could be considered defamatory, pornographic, libelous, immoral, indecent, obscene or fraudulent, or illegal according to any applicable law, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
    10. Claim any proprietary rights of any sort in the Images or any part thereof.
    11. Use the Images as part of an editorial manner, without the following credit adjacent to the images: “© [Photographer's name]” (the “Copyright Notice”); provided however that if such Copyright Notice is not required under applicable law for use in a particular situation, AND if it would not be customary to include such Copyright Notice in such particular situation, then the Copyright Notice will not be necessary for use in such particular situation only.
    12. Take any action in connection with the Image that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Image and the rights of any person who, or any person whose property, appears in the Image.
    13. Use the Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive – this includes, but is not limited to:
      1. the use of Images in pornography;
      2. tobacco ads;
      3. ads for adult entertainment clubs or similar venues, or for escort or similar services;
      4. political endorsements;
      5. uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.”
    14. Use the Images beyond any limitations or restrictions set forth in the Content TC.
  6. Additional Terms:
    1. Verio reserves the right to (a) not permit use of any Images for any reason whatsoever; and (b) notify you that certain Images are no longer available for use. Upon such notification, the license to use such Images shall automatically and immediately terminate.
    2. All other rights not expressly granted to you are reserved solely for Verio and its licensors.
    3. Verio reserves the right to replace Images with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Images immediately, and automatically, terminates for any use of the Images that does not already exist, and this Agreement shall automatically apply to any replacement Images. You agree not to use any replaced Images with future products or services and you shall take all reasonable steps to discontinue use of the replaced Images in existing products or services.
    4. Verio reserves the right to modify the Content TC at any time. Continued use of the Images after any such changes shall constitute your consent to such changes.
  7. Termination. Upon termination of the license to use any Images granted under the Content TC, you agree to (i) destroy all copies and archives of the Images and (ii) cease using the Images for any purpose.

I. TemplateZone End-User Terms and Conditions

  1. Important Information. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
  2. Ownership of the Site and its Contents. The Services (referred to herein as the “Site”) are owned by TemplateZone, a KMT Software company. Therefore, all of the content featured or displayed on this Site is owned by TemplateZone, its licensors or its third-party partners, unless otherwise indicated. This content includes but is not limited to templates, text, graphics, data, software, and the selection and arrangement thereof.
  3. Use of the Site and its Contents. This Site and its contents are intended only for customers of High Impact Designer and its products. You may not use this Site or its Contents for any purpose not related to your business with High Impact Designer, and are explicitly prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or High Impact Designer Content without (or in violation of) a written license or agreement with TemplateZone; (b) using any data mining, robots or similar data-gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the High Impact Designer Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing — or attempting to register, subscribe, or unsubscribe — any party for any High Impact Designer product or service if this party has not expressly authorized you to do so; and (e) using the Site or High Impact Designer Content in any way other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

    As a user of this Site and High Impact Designer Content, you are obligated to comply with all applicable laws and regulations including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States (or the country in which you reside).

  4. Modifications. You are authorized to modify our templates in whichever way(s) required to fit your purposes.
  5. Unauthorized Use. You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.
  6. Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, TemplateZone has adopted a policy of terminating, in appropriate circumstances and at TemplateZone’s sole discretion, account holders who infringe the intellectual property rights of TemplateZone or any third party.
  7. Trademarks. The TemplateZone and High Impact Designer logos, as well as any other product or service name or slogan referenced on the Site, are trademarks of TemplateZone and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of TemplateZone or the applicable trademark holder. You are prohibited from using metatags or any other “hidden text” which utilizes “TemplateZone”, “High Impact Designer”, or any other name, trademark, or product or service name of TemplateZone without our prior written permission. In addition, the look and feel of the Site may not be copied or imitated, in whole or in part, without our prior written permission: this includes all page headers, custom graphics, button icons and scripts. Such service marks, registered trademarks, and trade dressings belong exclusively to TemplateZone and all product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other such information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by TemplateZone.
  8. Registration Data and Account Security. It is understood that as a user of this Site, you agree to: (a) provide accurate, current and complete information about yourself (“Registration Data”) when prompted by any registration forms on the Site; (b) maintain and, upon its change, promptly update the Registration Data and any other information that you provide to TemplateZone in order to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify TemplateZone immediately of any unauthorized use of your account or other breach of security; (e) accept full responsibility for any and all activities that occur under your account; and (f) accept all risks related to unauthorized access to the Registration Data and any other information that you provide to TemplateZone.
  9. Privacy Policy. TemplateZone gathers collective information about members, such as data on what areas of the Site are visited most frequently and which services are most valued. This aggregated and anonymous data helps us determine how we can create a better overall experience for our users. We reserve the right to share this aggregated, anonymous information with our partners, so that they too may understand how to best serve our members. The High Impact Designer registration form requires users to give contact information (such as name and email address). We use this information to contact users when necessary (i.e., to send them product updates and offers), as well as to send members promotional material. To opt-out of receiving promotional emails, see the opt-out section below. TemplateZone is fully committed to protecting the privacy of our users and ensuring a safe, secure experience for each visitor to our Site. We make every effort to ensure that the information that you provide remains private and is used only for the purposes discussed in this paragraph.
  10. Security. This Site employs password security measures to protect against the loss, misuse and alteration of the information that is under our control.
  11. Opt-Out. TemplateZone provides users with the opportunity to opt-out of receiving communications from us and our partners, as well as the option to unsubscribe from any of our mailings.
  12. Disclaimer. This Site and its Contents are provided “as is”. TemplateZone and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by any applicable law, any warranty either express of implied — including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. TemplateZone will not be liable for damages of any kind arising from the use of this Site or its Contents, including (but not limited to) lost profits and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not TemplateZone, assume the entire cost of all necessary servicing, repair of correction due to your use of this Site or its Contents.
  13. Limitation of Liability. Neither TemplateZone nor its directors, employees, licensors, Content providers, affiliates or other representatives will be liable for damages of any kind (including, but not limited to: lost profits and direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Site or its Contents, whether or not we have been advised of the possibility of such damages. The exceptions to this can only occur under circumstances specifically stated in this Agreement or elsewhere on this website, or where otherwise required by applicable law. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent that they are prohibited or superseded by certain applicable jurisdictional provisions.
  14. Termination. Notwithstanding any of these Site Terms, TemplateZone reserves the right to terminate your account and/or to block your use of the Site without notice and in its sole discretion.
  15. Cancellation and Refund Policy. High Impact Designer offers both monthly and annual subscriptions. Subscriptions are charged automatically at the beginning of each billing period, and subscriptions are automatically renewed at the end of each billing period until your subscription is cancelled or terminated.

    The monthly subscription can be cancelled with full refund within the first 30 days of your first billing period. After the first 30 days, your monthly subscription can be cancelled at any time, and your recurring billing will be terminated. However, previous payments are non-refundable.

    The annual subscription can be cancelled with full refund within the first 30 days. After the first 30 days, you may receive a pro-rated refund on your annual subscription until 90 days of your original purchase. After 90 days, your subscription is non-refundable. Upon cancellation of your subscription, any hosted content will be taken offline. You will still have access to your saved Content, but it will not be hosted in a live, web-accessible environment. Designs are only hosted when you have an active subscription.

  16. Questions and Contact Information. Questions or comments about the Site or Site Terms may be directed to Customer Support.

J. FrontRange End-User Terms and Conditions

THIS EULA SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH FRONTRANGE SOLUTIONS USA INC. (“FRONTRANGE”), GRANTS TO YOU (“YOU” OR “CUSTOMER”) THE RIGHT TO USE THE FRONTRANGE SOFTWARE AND ACCOMPANYING DOCUMENTATION ORDERED AND PAID FOR BY YOU (COLLECTIVELY “LICENSED SOFTWARE”). THIS EULA REPLACES AND SUPERCEDES ANY LICENSE AGREEMENT THAT YOU MAY BE PRESENTED WITH WHEN OPENING THE SOFTWARE PACKAGING, COMPLETING THE ACTIVATION PROCESS, DOWNLOADING, INSTALLING, ACCESSING OR UTILIZING THE LICENSED SOFTWARE OR CLICKING THE “I ACCEPT” BUTTON.

  1. License Grant. Subject to the terms and conditions of this EULA, FrontRange hereby grants to Customer, and Customer fully accepts upon delivery, a nonexclusive and non-transferable right to use only the executable version (not source code) of the Licensed Software for Customer’s internal business purposes.
  2. Scope of Authorized Use. You may use the Licensed Software only as expressly permitted under this EULA and in accordance with the user guides and other documentation shipped with the Licensed Software (collectively, “Documentation”). FrontRange expressly reserves any rights not expressly granted in this EULA. Your right to use the Licensed Software is limited to the number of server(s), user(s), assets, modules, databases etc… (collectively, “License Limits”) that You have ordered and paid for. All Licensed Software updates, upgrades, or new releases (collectively, “Updates”) are provided to You on a license exchange basis and subject to this EULA. By using an Update You voluntarily terminate Your right to use any previous version of the Licensed Software; provided, however, that You may continue to use previous versions solely to assist You in transitioning to the Update and for historical/archiving purposes. Should You exceed any of Your License Limits, You agree to pay the then applicable full list price for the excess usage, as well as the related maintenance and support fees. You agree to allow FrontRange to audit Your use of the Licensed Software to verify Your compliance with Your License Limits. Audit rights shall be subject to Your reasonable securities policies as applied to all of Your vendors, and may only be performed once every twelve (12) months.
  3. Restrictions.
    1. Proprietary Rights. This is a license only and no title passes to You. With the exception of the license granted under this EULA, FrontRange and any Third Party Licensor retain all right title and interest to the Licensed Software and all related intellectual property and proprietary rights. You will not remove or obscure any copyright notices, logos, or other proprietary rights notices or legends in the Licensed Software.
    2. Territory Restrictions. The server(s) on which the Licensed Software and any related database(s) are stored must be located and remain in the specific geographic region where You have ordered the Licensed Software. The relevant geographic regions are: (1) the European Union, (2) North America, (3) South America, (4) Australia and New Zealand, (5) Africa, and (6) for all other geographic regions, the specific country where You have ordered the Licensed Software.
    3. Derivative Works, Reverse Engineering. You may not create any derivative works to the Licensed Software except to facilitate Your authorized use of the Licensed Software, provided that Your use of such limited derivative works is subject to this EULA. You may not modify, decompile, translate, disassemble or reverse engineer the Licensed Software except if the laws of Your jurisdiction proscribe the enforcement of such prohibitions but then only to the extent actually permitted, and for the limited purposes specifically contemplated, by applicable law.
    4. Commercial Exploitation. You may not distribute, rent, lease or transfer the Licensed Software or any portion thereof. You may not use the Licensed Software, or any portion thereof, in a commercial hosting, application service provider or service bureau environment.
    5. Non Production Copies. You may make one copy of the Licensed Software for safekeeping purposes and as permitted in the Documentation. The original copy of the Licensed Software and all copies that You may make may not leave Your control. If the Licensed Software is provided for testing, evaluation or other nonproduction purposes, You may not use it in a production or live environment and Your right to use the Licensed Software is limited in accordance with the terms under which You received it.
    6. Third Party Software. To the extent the Licensed Software incorporates software owned by third parties (collectively “Third Party Licensors”), You may only use such third party software with the Licensed Software, i.e., You may not extract it from the Licensed Software, and at all times subject to this EULA. Notwithstanding the foregoing, use of certain third party software may be subject to additional terms and conditions as set forth in the Documentation for the Licensed Software.
  4. Term/Termination.
    1. This EULA will remain in effect until terminated pursuant to this Section 4. You may terminate this EULA at any time by destroying all of Your copies of the Licensed Software. FrontRange may terminate this EULA if You breach this EULA and fail to remedy such breach after a thirty (30) days notice and opportunity to cure period. Notwithstanding the preceding, FrontRange may immediately terminate this EULA if You breach Section 2, 3 or 9. Upon any termination, You agree to cease all use of the Licensed Software, remove all copies from Your computers, destroy all copies of the Licensed Software, and, upon request from FrontRange, certify in writing Your compliance herewith.
    2. Subscription, Temporary Licenses. If You licensed the Licensed Software on a ‘subscription’ (or limited time) basis (“Subscription License”), then You may only use the Licensed Software during the time period that You have contracted and paid for (“Subscription Term”). You agree that upon expiration of the Subscription Term, the licenses granted herein shall terminate and the Licensed Software may automatically cease to function. Similarly, if the Licensed Software is provided on a trial, evaluation, pilot or other temporary basis (“Temporary License”), then notwithstanding anything to the contrary in Sections 1, 6 or elsewhere in this EULA, the Licensed Software is provided on an AS-IS basis without warranty, You may only use the Licensed Software during the time period specified by FrontRange (and if none specified, then no more than 30 days), at the end of which the licenses granted herein shall terminate and the Licensed Software may automatically cease to function. Temporary Licenses may also be terminated for convenience by FrontRange.
  5. Payments. All licenses and rights granted under this EULA by FrontRange are subject to timely receipt by FrontRange of payment. All payments for fees, taxes and expenses must be made within thirty (30) days of invoice, unless otherwise agreed in writing by an authorized FrontRange officer. You are responsible for any and all federal, state, dominion, provincial or local sales, use, personal property, excise, or other taxes, fees or duties arising from or related to this Agreement (other than taxes based on FrontRange’s net income).
  6. Warranty. FrontRange warrants that the Licensed Software (other than Temporary Licenses) will perform substantially in accordance with its Documentation for a period of ninety (90) days following delivery of the Licensed Software. This limited warranty is void if failure of the Licensed Software results from accident, abuse, modification, or misuse. FrontRange does not warrant that the Licensed Software will meet Your requirements, that the operation of the Licensed Software will be uninterrupted or error free, or that all defects will be corrected. The warranty and remedy set forth in this EULA are exclusive and in lieu of all other warranties and remedies, oral or written, expressed or implied.

    Except as provided above, FRONTRANGE AND ANY THIRD PARTY LICENSOR DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, ITS QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

    If You believe the Licensed Software does not meet this Limited Warranty, You must notify FrontRange in writing within the warranty period. FrontRange’s entire liability and Your exclusive remedy with regard to the Limited Warranty, will be, at FrontRange’s sole discretion, either repair or replacement of the Licensed Software or a refund of the amount paid to FrontRange for the Licensed Software (provided in that case that You also return the Licensed Software).

  7. Indemnification. FrontRange will, at its expense, defend and pay any settlement amounts or damages awarded by a court of final jurisdiction arising out of any third party claim against You that the Licensed Software as used subject to the terms and conditions of this EULA infringes any copyright, trademark, trade secret or U.S. patent owned or controlled by the third party (“Infringement Claims”). You agree that FrontRange shall be released of the foregoing obligation unless (i) FrontRange is notified promptly in writing by You of any such claim; (ii) FrontRange has sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; and (iii) You will cooperate with FrontRange, at FrontRange’s expense, in a reasonable way to facilitate the settlement or defense of such claim. Notwithstanding the foregoing, FrontRange will have no liability hereunder to the extent the Infringement Claim arises out of (A) Your modifications not authorized by FrontRange, (B) the combination or use of the Licensed Software with products not provided or recommended by FrontRange if the infringement would have been avoided but for such combination or use, (C) use of the Licensed Software after written notice of the claimed infringement has been received by You, or (D) Your failure to use an Update if the infringement would have been avoided by the use of the Update. Should the Licensed Software become, or in FrontRange’s opinion likely to become, subject to an Infringement Claim, then FrontRange will either (a) procure for Customer the right to continue using the Licensed Software, or (b) replace or modify the Licensed Software so that it becomes non-infringing and performs in a substantially similar manner to the original product, or (c) upon failure of (a) or (b), despite the reasonable efforts of FrontRange, terminate this EULA and return the license fee You paid for the Licensed Software pro-rated over a four (4) year life span. THIS SECTION SETS FORTH YOUR EXCLUSIVE REMEDY AND FRONTRANGE’S SOLE LIABILITY WITH RESPECT TO INFRINGEMENT CLAIMS.
  8. Liability Limits. THE LICENSED SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN ANY MEDICAL OR NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD CAUSE SUBSTANTIAL PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. FRONTRANGE DISCLAIMS ANY LIABILITY FOR USE OF THE LICENSED SOFTWARE IN ANY SUCH APPLICATION(S).

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING UNDER THE INDEMNIFICATION PROVIDED IN SECTION 7 ABOVE, FRONTRANGE’S AND ITS THIRD PARTY LICENSORS’ ENTIRE LIABILITY UNDER THIS EULA WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO FRONTRANGE FOR THE LICENSED SOFTWARE. IN NO EVENT WILL FRONTRANGE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, including without limitations damages for lost profits, loss or corruption of data, costs of procurement of substitute technology or services, even if advised of the possibility of such damages. The parties agree that the limitations and exclusions of liability and disclaimers specified in this EULA will survive and apply even if the limited remedies are found to have failed of their essential purpose.

  9. Legal Compliance. You must comply with all applicable laws and regulations in Your use of the Licensed Software including without limitations any United States or foreign Export Control laws or regulations, and all applicable data protection, SPAM, privacy laws and regulations. As part of the registration process You may provide user information. Any personal information collected (1) will be used solely for registration and license limit auditing purposes and to provide You with important information about the Licensed Software, (2) will be stored in computer servers with limited access that are located in controlled facilities, (3) may be stored and processed in the United States or other country and by using the Licensed Software, You consent to any such transfer of information outside of Your country, (4) may be stored for as long as the EULA is in effect, (5) will not be shared with any government agency, private organization, or the public, except that Customer’s corporate name may be used as a reference company in the context of sales presentations and marketing activities.
  10. United States Government Restricted Rights. THIS SECTION APPLIES ONLY TO LICENSING OR USE BY THE FEDERAL GOVERNMENT OF THE UNITED STATES. The Licensed Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the federal government is subject to restricted rights as set forth in subparagraph (c) of The Rights in Technical Data and Computer Software clause at 252.227-7014 for DOD contracts and at FAR (48 CFR 52.227-19) for civilian agency contracts or other comparable agency clauses.
  11. Severability. If any provision of this EULA is unenforceable or invalid, such provision(s) shall be amended to achieve as nearly as possible the same economic effect as the original provision(s) and the remainder of the EULA shall remain in full force and effect.
  12. Miscellaneous. This EULA constitutes the entire agreement between You and FrontRange relating to the license rights for the Licensed Software (and any subsequent orders of additional License Limits or new FrontRange products), and any additions to, or modifications of, this EULA will be binding upon the parties only if in a writing duly executed by You and an authorized officer of FrontRange. THE TERMS AND CONDITIONS OF ANY CUSTOMER PURCHASE ORDER ARE ONLY BINDING ON FRONTRANGE IF THEY ARE AGREED TO IN WRITING BY AN AUTHORIZED FRONTRANGE OFFICER AND IN A DOCUMENT OTHER THAN THE PURCHASE ORDER FORM. You may not transfer the Licensed Software or assign this EULA without FrontRange’s prior written consent and any attempt by You to do so will be void and without effect; except that, You may assign Your rights and obligations hereunder in connection with a merger, acquisition or sale of all or substantially all of Your assets subject to compliance with FrontRange’s administrative requirements for such assignments. If the Licensed Software is acquired through a Reseller, You agree that (i) this EULA constitutes the entire agreement between You and FrontRange regarding the Licensed Software (and the terms and conditions of any purchase order or any other agreement between You and the Reseller are not binding on FrontRange); and (ii) the Reseller is not FrontRange’s agent and is not authorized to alter, amend or modify the terms of this EULA. FrontRange makes no representation or warranty with regard to any services provided by any Reseller. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA.

K. IIT End-User Terms and Conditions

  1. The license to access and use the Services is non-exclusive and non-assignable, and that the Services are for your internal use and not for use on behalf of any other entity.
  2. The license hereby prohibits you from providing copies of the Services or Documentation to third parties.
  3. The license hereby prohibits you from making any modifications to or derivatives of the Services or Documentation, including the removal of any copyright or other proprietary rights notices.
  4. The license hereby prohibits you from disassembling or otherwise reverse engineering the Services, except as may be specifically authorized by law.
  5. The license hereby prohibits you from making copies of the Services or Documentation.
  6. You agree to ensure that anyone who has authorized access to the Services complies with the provisions of the End-User Terms and Conditions.
  7. You agree that the Services may be terminated in the event you violate the terms and conditions and fails to cure such violation within the applicable period of time as stated therein or in the event that this Agreement is terminated.
  8. IIT is a specific third-party beneficiary of the Terms and Conditions to the extent necessary to allow IIT to take all equitable and legal action as a contract party against you in order to protect all of IIT’s Intellectual Property to the fullest extent under the law.
  9. You agree to use efforts to ensure that no programming devices such as viruses, worms or other forms of computer sabotage (collectively, “Viruses”) are placed within your workspace which would disrupt use of the workspace, would destroy, alter or damage data or make data inaccessible or delayed, or would permit any unauthorized personnel to access the workspace.
  10. To the extent that you have access to and/or use of IIT software while utilizing the Services, you acknowledge and agree that: (i) said software may be updated by IIT automatically once a new version of feature is available, and (ii) said software may be discontinued, replaced or deleted in the event that IIT no longer wishes, at its sole discretion, to offer access to and use of said software.

L. ePages End User License Agreement (EULA)

This EULA (hereinafter referred to as the “Agreement” is a legally binding contract between you as a person or legal entity and ePages GmbH and its affiliated companies (“Licensor”).

BEFORE YOU BEGIN TO DOWNLOD THE COPYRIGHTED SOFTWARE YOU HAVE RECEIVED FROM THE LICENSOR (the “SOFTWARE”), BEFORE YOU PROCURE THE LICENSE KEY FOR THE SOFTWARE OR BEFORE YOU BEGIN TO USE THE SOFTWARE, PLEASE READ THE FOLLOWING CONDITIONS CARFULLY.

THIS SOFTWARE IS PROTECTED BY MULTIPLE INTERNATIONAL COPYRIGHTS. THE CONDITIONS OF THIS CONTRACT GRANT YOU A LICENSE FOR YOUR USE OF THE SOFTWARE. THE SOFTWARE IS NOT BEING SOLD TO YOU. BY DOWNLOADING THE SOFTWARE OR BY ACCEPTING A LICENSE KEY FOR THE SOFTWARE, YOU ACCEPT THE CONDITIONS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM. IF YOU ARE NOT WILLING TO ACCEPT THE CONDITIONS OF THIS AGREEMENT AS BINDING, PLEASE CLICK BELOW ON THE BUTTON “I DO NOT ACCEPT”, TERMINATE THE DOWNLOAD PROCESS AND REFRAIN FROM ANY FURTHER ACCESS TO OR USE OF THE SOFTWARE. THIS AGREEMENT REPRESENTS THE ENTIRETY OF THE RIGHTS AND OBLIGATIONS OF YOU AND THE LICENSOR RELATED TO THE SOFTWARE. IT REPLACES ANY AND ALL QUOTES, CONFIRMATIONS OR OTHER AGREEMENTS BETWEEN YOU AND THE LICENSOR OR AFFILIATED COMPANIES.

  1. License
    1. Single License Grant
      The LICENSOR hereby grants you a single, limited, non-exclusive and non-transferable license (right-of-use) to use the Software. The granting of this license enables you to access the Software exclusively in machine readable object code form and includes the user manual that accompanies the software (hereinafter referred to as “Documentation”). As end user, you hereby accept this grant. For the purposes of this Agreement, the term “Software” shall include all updates, add-ons, modifications, versions and additions to the Software or its Documentation that the Licensor makes available to you through his internet page. In spite of the previous disposition, the Licensor is in no way whatsoever obliged to provide updates, add-ons, modifications, versions and additions to the Software.
    2. Scope
      You are authorized to use one copy of the Software by activating it through a license key. You are permitted to use that copy on one single server that you have rented, that you own, or that is in some other manner controlled by you (virtual or physical). You may not use more than one copy of this software simultaneously. If you have more than one license key to the Software, by virtue of this Agreement, you are permitted to use as many copies of the Software as you have license keys. For the purpose of this Agreement, the term “Use” shall be interpreted to mean loading or calling up the software into the temporary or permanent memory of a computer. Installing the Software on a network server for the sole purpose of distributing the Software onto other computers is not considered “use” and is, therefore, authorized, so long as you have a separate license key for each and every server onto which the Software is to be distributed. It is strictly prohibited to distribute the Software onto a large number of servers or to distribute it onto a number of servers beyond the number of license keys which you possess. If you plan on using or distributing the Software between or to several users, you must make sure that the number of users does not exceed the exact number of licenses you possess. Otherwise you are in breach of this contract.
    3. Copying of and Modifications to the Software
      You are not authorized to decompile, to disassemble, to decode, to reverse engineer or to otherwise transform the Software or the License key. You are also not authorized to modify or to change the Software or the License key in any way whatsoever. All copies of the Software, the Documentation and the license keys are to retain all of the copyrights and other references to intellectual property that they originally had when you first received them. Unless otherwise specified in this clause, neither you nor anyone working under your auspices is authorized to make copies of the Software, the Documentation, the license key(s) or any pieces thereof.
    4. Transferability
      Under the rights granted to you under this Agreement, you are only authorized to give, rent, lease or loan the Software, the Documentation or the license keys to a third party if you have obtained written permission to do so from the LICENSOR.
  2. Intellectual Property and Confidentiality
    1. Record of Usage, Breach of Contract, Judicial Remedies
      The LICENSOR reserves the right to collect data on the use of the license(s), in particular the license key numbers, server IP addresses, the number of domains in use with the keys and other relevant aspects, in order to ascertain whether or not the Software has been used according to the conditions of this EULA. The LICENSOR specifically and intentionally prohibits the simultaneous installation of multiple licenses such that the maximum number of domains is exceeded, unless the LICENSOR has previously given his written permission to do so. Each and every unauthorized use of the Software, the Documentation and or the license key(s) will be considered a breach of this EULA. If the LICENSOR discovers that end user has used the Software, the Documentation or license key in an unauthorized fashion, the LICENSOR reserves the right to immediately invoice the excess usage at the then applicable list price of the product in question, or to exercise any other legal remedies available to him. You hereby accept the foregoing and agree to fulfill this aspect of this Agreement by not blocking the flow of data electronically or otherwise. You also understand that blocking the flow of data for the fulfillment of this contract will be considered breach of contract and will result in immediate termination (see Section 4).
    2. Automatic Updates and License Expiry
      You may have been issued a temporary license, which means that the license may expire at a certain point in time and may very well be deleted. If you have a permanent license (not rented), the license will be renewed automatically, unless the LICENSOR determines that the license is being used in breach of contract. If your license key has been stolen or if you believe that it may be misused or illegally used in a manner which is beyond your control, it is important that you contact your LICENSOR immediately. You will receive a replacement license and the questionable license will be terminated. If you have a rental license, your monthly payment must have been received by the LICENSOR before the expiry date of the license, in order for the update of the license to work properly. In order to facilitate this process, the LICENSOR will receive system generated reminders that inform him about licenses that are about to expire, so that he can intervene before licenses are deleted. It is your responsibility to contact the Licensor to prevent licenses to be deleted from the system, if you believe that this status is unjustified. The LICENSOR assumes no liability for damages or for expenses that may occur because of expired licenses.
    3. Copyrights and Trademarks
      You understand and hereby confirm that the Software and the corresponding Documentation were developed by the LICENSOR or a third party, and that the comprehensive registrations throughout the European Union and abroad protect these rights. You also recognize that the Licensor is and shall remain the owner of the rights to the Software and the Documentation, in particular related to the intellectual property rights related to copyright, confidentiality, patent and trademark legislation. It is clear to you that by virtue of this Agreement, there is absolutely no transfer of property rights to you, rather you are simply granted a limited right to use the Software for a limited period of time, based on the conditions of this Agreement. All copyright and trademarks used by the LICENSOR to fulfill this Agreement are his property or were given to him through a third party by virtue of a separate agreement. This Agreement does not transfer any other rights, licenses or allocations on these marks, words, logos or drafts. In the same vain, within the context of this Agreement, you are not authorized to claim ownership to any rights, licenses or partial ownership of similar or almost identical marks.
    4. Confidentiality
      You are only authorized to allow individuals to use the Software or to view the Documentation if they have appropriately procured a license key. Unless otherwise specified in this Agreement, you are not authorized to make the Software or the Documentation available to any third party. You commit to using your best efforts to work with the LICENSOR to identify and to prevent unauthorized use of Software, the copying of the Software and the Documentation (or parts thereof).
  3. Licensing Fees
    Once you have received a (or several) license key(s), the Software will be available to you. Once you have accepted this EULA, you can pay the license fees to the Licensor and you can request the license keys. The fee that you pay to the Licensor is in exchange for the license granted by virtue of this Agreement. The Licensor grants no refunds. When you accept this Agreement, you simultaneously accept that once your payment for the license has been accepted, you will have no legal recourse for a refund of part or all of the fee.
  4. Terms and Termination
    Once you have accepted this Agreement or once you have downloaded the Software, you will have accepted the conditions of this EULA the moment you access and use the Software. Furthermore, this Agreement shall remain in force for as long as you possess a valid license key or until this Agreement will be terminated, the latter of which will mean the immediate deletion of the your rights of use. Notwithstanding all other rights, this Agreement shall be automatically terminated if you do not respect the limitations and restrictions contained within this EULA. Furthermore, if you rent the Software and do not pay the fee for the rental, the LICENSOR is authorized to turn off the license. You have the right to terminate this EULA at any time by: (i) sending a letter of termination to the LICENSOR; (ii) either by sending the Software, the Documentation-as well as all copies of both — and the corresponding license keys to the LICENSOR, or through the destruction of any and all materials related to the Software and to provide the LICENSOR with written proof that the items have, indeed, been destroyed. If you are in breach of contract of this Agreement, the LICENSOR is authorized to terminate this EULA, by notifying you in writing of your breach and of his decision to terminate. You hereby agree in such cases to return the Software, the Documentation — as well as all copies of both — and the corresponding license keys to the LICENSEOR. Alternatively, in such cases, you can destroy any all of these materials, as long as you provide the LICENSOR written proof that the items have, indeed, been destroyed.
  5. Judicial Remedies, Indemnity
    1. If you become aware of actual or potential piracy related to the Software, or if you are sued because of alleged piracy or IP related violations from a third party, you must contact your LICENSOR immediately. The LICENSOR, at his discretion, will decide which measures to take. The LICENSOR will also assume the costs of the defense and the costs of the trial (with the exception of the costs that are related to the negligence, willful conduct, or modifications of the Software itself by you). If a competent court should decide that the rights of a third party were indeed infringed upon, the LICENSOR shall only have two remedies: (i) to procure the right to use the Software; or (ii) to change the Software such that there is no longer any infringement.
    2. You agree to hold the LICENSOR, its affiliated companies, subsidiaries, and parent companies, including all members of its management and employees, harmless from all monetary claims, court costs, individual and/or personal liability, loss, compensatory or punitive damages, court orders, monetary penalties, expenses — in particular, those related to attorney’s fees (collectively referred to as “compensatory claims”) that result from the use of the Software by you, from a party related to you, or through a party who acts on your behalf in a manner that is not expressly authorized by virtue of this Agreement. Furthermore, you hereby agree to fund the defense of such claims.
  6. Liability Exclusion
    THE SOFTWARE AND THE DOCUMENTATION ARE LICENSED TO YOU “DEFECT FREE”. THE LICENSOR HEREBY SPECIFICALLY EXCLUDES ANY AND ALL OTHER LIABILITY WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE MARKETABILITY OF THE PRODUCT QUALITY OR ANY FORM OF FIT-FOR-PURPOSE ASSUMPTION, TO THE EXTENT THAT IS LEGALLY PERMISSIBLE. WITHOUT LIMITATION OF THE AFOREMENTIONED; THE LICENSOR EXPRESSLY REJECTS ANY FORM OF WARRANTY WHATSOEVER, THAT THE SOFTWARE SUITS YOUR PERCEIVED NEEDS OR THAT THE SOFTWARE RUNS WITHOUT INTERRPUTION OR BUG-FREE. BY VIRTUE OF THIS AGREEMENT, YOU ASSUME THE RESPONSIBILITY FOR YOUR CHOICE OF SOFTWARE, THAT IN TURN IS SUPPOSED TO ACHIEVE THE RESULTS OR GOALS YOU HAVE SET. YOU ALSO ASSUME THE ENTIRE RESPONSIBILITY FOR THE RESULTS OF YOUR USE OF THE SOFTWARE. FINALLY, YOU; AS THE END USER, ASSUME THE ENTIRE RESPONSIBILITY FOR THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
  7. Limitations to Liability
    THE ENTIRE LIABILITY OF THE LICENSOR TOWARDS YOU OR TO PARTIES RELATED TO YOU FOR LOSS OR DAMAGES THAT RESULT FROM SUITS, RECEIVABLES, OR FOR LITIGATION THAT RESULTS FROM THE CONTENT OF THIS AGREEMENT — IN PARTICULAR THE EXCLUSIONS TO LIABILITY RELATED TO IP RIGHTS — ARE LIMITED TO THE RENTAL FEES YOU HAVE PAID TO THE LICENSOR. NEVERTHELESS, THE SUM OF ALL LIABILITY RELATED TO THIS AGREEMENT, REGARDLESS OF THE REASON; SHALL NOT EXCEED $2,570US DOLLARS. THIS LIMITATION PARTICULARLY APPLIES TO ALL LITIGATION OR LIABILITY CLAIMS BASED ON BREACH OF CONTRACT, WARRANTY ISSUES, INDEMNITY BASED ON LIABILITY EXCLUSIONS, NEGLIGENCE, GENERAL LIABILITY, FRAUDULENT MISREPRESENTATION AND OTHER TORTS. THE LICENSOR SHALL NOT BE LIABLE TO YOU OR TO ANY PARTY RELATED TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTENDED, PUNATIVE, FINE-RELATED DAMAGES. DAMAGES RELATED TO LOSS OF INCOME OR PROFIT ARE EQUALLY EXCLUDED. ALL OF THESE EXCLUSIONS APPLY, EVEN IF YOU ADVISED THE LICENSOR ABOUT THE CORRESPONDING RISKS AHEAD OF TIME.
  8. Final Provisions
    1. Lex fori and Venue
      The laws of the Federal Republic of Germany shall apply without regard to possible conflicts of law provisions statutory collisions, and these laws are to be applied as such. Any dispute arising from or related to, this contract shall be subject to the exclusive jurisdiction of the courts of Hamburg, Germany. As far as legally permissible, you hereby agree to subject all disputes to the jurisdiction (both in terms of competency and location) of the courts in Hamburg, Germany. Furthermore, you waive any rights to challenge the jurisdiction of Hamburg, Germany.8. Severability

      The invalidity or unenforceability for any reason of any provision of this Agreement in any court, or at administrative level shall not prejudice or affect the validity or enforceability of its other provisions. In such cases, the Parties hereby agree to find a compliant solution that economically and legally most closely matches the original provision.

    2. Survivability
      Sections 2,5,6,7 and 8 of this Agreement as well as all paragraphs contained within these sections shall survive the termination thereof, regardless of the reason for termination. These clauses shall remain permanently binding on the parties.
    3. Headings
      The headings in this Agreement are for convenience purposes only and shall have no effect on the meaning or interpretation of this Agreement.
    4. Abandonment
      If one of the Parties waives its rights within the context of this Agreement or decides to not enforce his rights thereof, the Parties agree that this waiver shall not be interpreted as a waiver of future rights or of the enforceability of such rights if breaches occur in the future.
    5. Changes
      The LICENSOR has the right, at his sole discretion, to occasionally change or supplement this Agreement. In the event of conflicts between this Agreement and a more current version of this EULA, the version on the home page of the LICENSOR shall apply. If you are not in agreement with the changes or supplements to the Agreement, this license will be immediately terminated, per Section 4.
    6. Taxes
      In addition to the license fee, you are responsible for all VAT, excise, transfer and other taxes and fees (with the exception of income taxes related to the LICENSOR) related to or that become due by virtue of this Agreement, independent of what the specific name of such taxes and fees may be. You agree to reimburse the LICENSOR the amounts related to your transactions that generate such taxes that are directly assessed and paid or that will be assessed and paid by the LICENSOR.
About Verio

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