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Site Policies: Verizon WebHosting Policy

VERIZON ONLINE WEBHOSTING TERMS OF SERVICE

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS, IN CONNECTION WITH YOUR USE OF VERIZON ONLINE'S SERVICES.

PLEASE READ THEM CAREFULLY.

This Master Agreement is entered into between you ("Customer") and Verizon Online LLC, or its' affiliates (see Attachment A). This Agreement is comprised of the Service Quotation ("Quotation") provided to you, our Acceptable Use Policy ("AUP") set forth at http://business.verizon.net/policies/acceptable_use.asp, as well as our Privacy Policy located at http://business.verizon.net/policies/privacy.asp. Your acceptance of the Terms of Service indicates your agreement to comply with this Agreement regarding your use of the Services. You will be deemed to have accepted this Agreement upon the earlier of: (a) submission of your order; (b) acceptance of this Agreement electronically or in the course of installing the Software; (c) your use of the Service; or (d) retention of the Software for thirty (30) days or more following delivery.

  1. Service. The term "Service" shall mean the Verizon Webhosting Service, including all Software and any features, functions and/or applications that are included with the Verizon Webhosting Service. Verizon may provide certain advertising or Verizon named content to be located on your website until such time that you upload your Content, as further defined below. The term "Content" shall mean audio, video, image or other files or data in digital or electronic form of any type provided by or on behalf of you that resides on or is linked to or from the Service.

  2. Term. This Agreement shall be effective retroactive to the time of order upon acceptance and shall continue on a month-to-month basis until terminated by either party as permitted by this Agreement. We reserve the right to terminate the Service (or any part thereof) in the event we cease to offer the Service or in the event you violate any terms of this Agreement (including our AUP).

  3. Prices. We will give you at least thirty-(30) calendar days prior notice of a price change. Your continued use of the Service after the effective date of the price change constitutes your acceptance of it. If you change your Service, you agree to pay the monthly fee that applies to your new Service. You are responsible for all charges associated with the Service, including but not limited to a) applicable taxes, b) surcharges, c) set up fees, and d) charges for FTP site moves, domain name services, and excess storage and resource utilization. These charges may vary on a monthly basis; any variation will be reflected in your monthly bill. You also agree to pay any additional charges or fees applied to your account due to insufficient credit or insufficient funds.

  4. Billing. Billing on your account will begin once your Service has been ordered. We will bill you on a monthly basis using the billing method you select. Any nonrecurring charges for FTP Site moves, domain name services, set-up or other such fees will be included on your first month's bill. Monthly recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Verizon or its agent will bill you directly, or bill your credit card or your local Verizon telephone bill (telephone billing available in selected areas only), as you request and subject to approval by Verizon. IF YOU ELECT TO BE BILLED FOR YOUR WEBHOSTING SERVICE ON YOUR VERIZON PHONE BILL, YOUR USE OF THE SERVICES WILL CONSTITUTE YOUR AGREEMENT TO HAVE VERIZON CHARGES INCLUDED ON YOUR VERIZON LOCAL TELEPHONE BILL.

  5. Payment and Late Fee. Payment to Verizon is due upon receipt of our invoice and shall be made in U.S. currency. A payment received thirty-(30) calendar days or more after the invoice date is considered past due. If your charges are billed by your Verizon local telephone company, the Late Fee applied will be equal to the late payment charge that your local telephone company applies. If your charges are not billed by your Verizon local telephone company, you agree to pay late fees equal to the amount due plus interest of 1.5% for each month or part of a month (or the maximum interest allowed by law, whichever is less). Verizon may assign unpaid delinquent charges to a collection agency for action. If we use a collection agency or take legal action to recover monies due, you agree to reimburse Verizon for all expenses we incur to recover such monies (including attorney's fees). You also authorize Verizon to conduct a credit search that we may use to determine your credit worthiness. Verizon may cancel your order or terminate this Agreement if, in our sole judgment, the results of such credit search are unacceptable.

  6. No Warranties. ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND REGARDING THE SERVICE OR YOUR USE OF IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVISIONING AND PERFORMANCE (SPEED) OF VERIZON WEBHOSTING SERVICE IS SUBJECT TO OTHER FACTORS, INCLUDING WITHOUT LIMITATION, COMPUTER/SERVER CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET PERFORMANCE, AMONG OTHER FACTORS BEYOND OUR CONTROL AND ARE NOT WARRANTIED. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE.

  7. Your Responsibilities; Protection of Data; Notices; Revisions to Terms of Service.

    1. Your responsibilities. You represent that you are eighteen (18) years of age or older, that you have the legal authority to enter into this Agreement and that the information you supply to us is correct and complete. You agree that you are solely responsible for all use of the Service and the manner in which the Service is used by you or anyone who uses the Service, with or without your permission. You may not resell the Service to a third party. You also agree that your use of the Service is at your own risk and is subject to all applicable laws and regulations, and to use the Service only within the United States.

    2. Protection of Data and Access to Your Service by Verizon. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL CONTENT ON YOUR SERVICE AND FOR THE PROTECTION, STORAGE, BACK-UP AND SECURITY OF YOUR DATA, CONTENT, SOFTWARE, COMPUTER NETWORK AND OTHER FACILITIES, AS WELL AS YOUR CHOICE OF EQUIPMENT, SOFTWARE AND USE OF THE SERVICE. You agree to provide us with the access to and support regarding the Service upon request. Verizon does not filter or monitor Content displayed or stored on your Web site although we reserve the right to do so. WE RESERVE THE RIGHT TO ACCESS, DISABLE OR SUSPEND YOUR SERVICE, TAKE DOWN CONTENT OR TO TAKE ANY OTHER ACTION WE DEEM APPROPRIATE REGARDING YOUR WEBSITE AND/OR CONTENT IN THE EVENT WE HAVE REASON TO BELIEVE IT CONTAINS ILLEGAL MATERIAL, IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL REQUEST OR TO PROTECT THE NETWORK, VERIZON OR OTHER INTERNET USERS. WE WILL SAVE YOUR CONTENT FOR A PERIOD OF THIRTY DAYS UNTIL YOU CONTACT US FOR RETRIEVAL. IF NOT CONTACTED BY YOU WITHIN THOSE THIRTY DAYS, WE WILL DELETE YOUR CONTENT PERMANENTLY FROM OUR SERVERS.

    3. Limitations on Content. The placement of Content on the Service does not constitute any endorsement of such Content by Verizon. By transmitting, uploading, posting or submitting any Content to the Service, you agree (i) that such Content is not confidential, secret or proprietary information belonging to you or someone else; and (ii) that no other person has rights to the Content and that your use, display or transmission of Content does not violate any trademark, copyright or other intellectual property laws relating to it. Any web sites linked to or from the Service are not reviewed, controlled, or examined by Verizon and Verizon is not responsible for the contents of any such sites or any links. ANY DEALINGS THAT YOU HAVE WITH THIRD PARTIES, MERCHANTS OR ADVERTISERS REGARDING THE SERVICE ARE SOLELY YOUR RESPONSIBILITY AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VERIZON AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM ANY LIABILITY OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY CLAIMS AGAINST VERIZON RESULTING FROM YOUR USE OF THE SERVICE OR SUCH RELATIONSHIPS.

    4. Notices Regarding the Service. From time to time we may send you information relating to the Service (including password information and revisions to this Agreement) via electronic mail to the email contact address that you provide and you agree to check your email box and your Verizon.net email box (if any) for such notices. You consent to our distribution of such information to you electronically and you agree to check your email box periodically for account related information. You agree to keep your email contact address current by updating your account information by going to https://sitecontrol.webhosting.verizon.net . Please review your account profile periodically to ensure that your email address is current.

    5. Revisions to Terms of Service. You agree that we may revise the terms and conditions of this Agreement and any related policies from time to time by posting such revisions to the Verizon business website at http://business.verizon.net/policies/tos.asp. (the "Website") and to the Announcements page located at http://business.verizon.net/announcements. We will also send you a notification of such revisions to the email address you provide to us and/or to your Verizon.net email address (if any). Revisions to the Agreement are effective upon posting to the Website or such other date that we select and your continued use of the Service after the effective date constitutes your agreement to the revised Agreement. If you do not agree to the revised Agreement, you must terminate your Service immediately. If the revision constitutes a material change to the Service, no early termination fees will apply.

  8. Indemnification. You agree to indemnify and defend Verizon and its third party licensors, providers, and suppliers (Indemnitees) and hold Indemnitees harmless from any damages, costs (including attorneys' and experts' fees) and liabilities we incur from any claim, lawsuit or cause of action of any sort arising from your use of the Service, or the use of the Service by others, or breach of this Agreement. In such event, you agree to conduct the defense and to control the litigation and settlement, if any; provided that, you may not to agree to any judgment or enter into any settlement that adversely affects our rights or interests or requires Verizon to admit any liability or to pay money or offer in-kind services without our prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. THE PARTIES DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.

  9. Compliance with Laws. You agree not to use, or permit others to use, the Service in ways that (i) violate any law, rule or applicable regulation or our AUP or other policies, (ii) infringe the privacy or intellectual property rights of others, or (iii) interfere with the users, services, or equipment and software of our network, other networks or other Internet users. By way of example and not limitation, you agree not to distribute unsolicited electronic mail (i.e., spam); propagate computer worms, viruses or other destructive programs, use a false identity; or distribute or store child pornography, obscene or defamatory or copyrighted material. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. We reserve the right to suspend or terminate the Service (or any portion thereof) without notice in the event that your use of the Service, in our sole judgment, violates any terms of this Agreement, or otherwise adversely affects or threatens any Verizon network or service, customer or employee, or if you are determined to be a repeat infringer under our repeat infringement policy set forth in our AUP. We also reserve the right to provide information about your account and your use thereof to third parties as required or permitted by law.

  10. Software Provided.
    1. Verizon may provide to you, at no cost or for a fee, software owned by Verizon or its third party licensors, providers or suppliers (collectively, "Suppliers") in connection with the Services ("Software"). You may use the Software in object code form only and only in connection with your use of the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Verizon or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software unless you first agree any applicable license agreement.

    2. If the Software is not accompanied by an end user license agreement from Verizon or a third party, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by Verizon or its Suppliers, to use the Software (and any updates and upgrades thereto) solely in connection with your use of the Service.

    3. You understand and agree that the Software is the confidential information of Verizon or its Suppliers, that it contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon and/or its Suppliers, and that you will not disclose or provide the Software to others or use it except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

    4. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT VERIZON PROVIDES YOU WITH FREE OR FOR-FEE SOFTWARE OR EQUIPMENT, YOU AGREE THAT YOUR SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM OR FOR PERSONAL INJURY OR DATA LOSS, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.

    5. Verizon provides technical assistance for the Software in accordance with its policies. Unless otherwise provided, technical assistance for third party software is provided by the Software supplier in accordance with its policies or other terms.

    6. Your license to use the Software shall remain in full force and effect until it is terminated by Verizon, its third party licensors, providers or suppliers, or until this Agreement expires or is terminated.

  11. Deletion of Software Upon Termination. Upon termination or expiration of this Agreement, you agree to cease use of all provided Software and immediately delete such Software from your computer.

  12. Customer Equipment. You are solely responsible for obtaining and maintaining any equipment, network connections and software necessary to use and access the Service.

  13. Pre-Launch Site Displays Right. At such time as your domain name is registered and is resident on the Service's servers but not made fully functional by you, Verizon reserves the right to display Verizon promotional information of its choosing along with an "under construction" logo ("Pre-Launch Site Information"). You agree that Verizon may display Pre-Launch Information until such time as you make your website fully functional by adding your own content to the website.

  14. Termination for Default. Either party may terminate or cancel this Agreement if the other fails to cure a material breach of the Agreement within thirty-(30) calendar days after receiving written notice of the breach. We reserve the right, but assume no obligation, to suspend performance immediately if you are more than thirty-(30) calendar days overdue in payments or if, in our reasonable judgment, you have violated any provision of this Agreement, including our AUP.

  15. Government Entities. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Verizon or its third party licensors, providers and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement, or any modification.

  16. Limitation of Liability. IN NO EVENT SHALL VERIZON OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.

  17. Limitation of Damages. VERIZON'S AGGREGATE LIABILITY AND THAT OF VERIZON SUPPLIERS) TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY NON-INSTALLATION, SECURITY BREACH, FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAID BY YOU UNDER THE APPLICABLE SERVICE AGREEMENT DURING THE 6-MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  18. Third Party Beneficiaries. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO VERIZON'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

  19. Changes or Updates to the Services. Verizon reserves the right to make changes to the Service or any portion thereof at any time and without advance notice. If such a change adversely affects your use of the Service, and we cannot reasonably mitigate the impact, then, as your sole and exclusive remedy, you may terminate the Service without further obligation.

  20. IP Addresses and Domain Name Registration. Upon expiration, cancellation or termination of the Agreement, you agree to return to us any IP addresses or address blocks assigned to you by us. If we deem it necessary, you may be required and you agree to renumber the IP addresses assigned to you by us. Where applicable, all fees associated with domain name registration and periodic maintenance of domain names is your responsibility. The registrar or we, on registrar's behalf, will bill such fees directly to you. Such fees are not included in the price of the Service and you agree to pay them. You agree to abide by the domain name registrar's terms and conditions provided to you prior to obtaining domain name service from us. Domain name registration includes and may not be limited to the following extensions: .net, .com, and .org. Verizon does not guarantee that your choice of names is or will continue to be available for use as a domain name.

  21. Force Majeure. If the performance of any obligation hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, we shall be excused from such performance to the extent necessary, provided that we shall use reasonable efforts to remove such causes of nonperformance.

  22. Publicity. You shall not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with Verizon or its affiliates, or from which any association with Verizon, or its affiliates may be inferred or implied, in any manner without the prior written permission of Verizon.

  23. Choice of Law. Except as otherwise required by law, you and Verizon agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

  24. Miscellaneous. The terms and conditions of this Agreement supersede all previous agreements, proposals or representations related to the Service. You may not assign this Agreement without our prior written consent. We may freely assign this Agreement. Any changes to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, will not be effective unless expressly agreed to in writing by us. Any notices or demands or other communications which under the terms of this Agreement or under any statute must or may be given or made by either party shall be in writing to the respective parties as set forth herein. Notices to us shall be to the attention of the Legal Department. Either party may change the notice address or addressee by giving notice thereof to the other party. Notices may be given to the address listed below* by first class U.S. mail, or nationally recognized overnight express courier. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3) days after delivery to the United States Postal Service if mailed. If any of the terms or conditions in this agreement are found to be invalid or unenforceable by a court or government body, the remaining terms or conditions of this agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties. Verizon's failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by Verizon of any rights, remedies or options provided hereunder or at law or equity shall not preclude or prejudice Verizon from exercising thereafter the same or any other rights or remedies or options.

    *GTE.Net LLC d/b/a Verizon Internet Solutions
    4055 Corporate Drive, Suite 400
    MC: GA1A05, Legal Dept.
    Grapevine, Texas 76051

  25. Service Cancellation. If you wish to cancel your Service, you may do so by calling us at 1-888-649-9500. You agree to pay us all Service fees accrued up to and including the cancellation date. If we provided, at no charge to you, an annual domain name registration with your Service, you agree to reimburse us for actual charges we incurred for your annual domain name registration if you cancel Service within sixty (60) after placement of your order. After the Service is available to you, you agree to pay any annual domain name registration renewal fee incurred by Verizon on your behalf. Activation, or set-up and domain registration fees paid are not refundable. You must cancel your domain name registration service by contacting the domain name registrar directly.



Attachment A
Affiliates:

Services in New Jersey provided by Verizon Online - New Jersey LLC. Services in Maryland provided by Verizon Online - Maryland LLC. Services in Pennsylvania are provided by Verizon Online Pennsylvania Partnership. Services in Texas, California, Florida, Washington, Oregon, Idaho, Illinois, Wisconsin, Michigan, Ohio, Indiana, North Carolina, South Carolina and certain areas of Virginia are provided by GTE.NET LLC d/b/a Verizon Internet Solutions.


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