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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.”
      6. 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.
About Verio

Verio is a leading global provider of web hosting and cloud services. As a part of NTT, one of the world's largest telecommunications companies, we offer the stability businesses need in a long-term technology partner.

Domain Name Registration Verio offers Domain Name Registration. Every domain purchased through Verio includes a FREE 3-page website. Our Web Hosting Plans include FREE design and marketing tools and a FREE domain name to help you start your business online.

VPS Hosting For businesses looking to control costs, but that require higher security and performance, Verio VPS Hosting is ideal. You can rely on it for your high-traffic ecommerce sites, content management systems like WordPress and Joomla, or multisite hosting.

Dedicated Hosting When uptime is critical, Verio Dedicated Hosting provides you with private managed servers that let you focus on your business, test environment or website, while Verio handles the hardware.

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