Terms Of Service
1. Purpose
These Terms of Service (“TOS”) represent
the basis of a contract between you, or the entity on whose behalf you are executing
this agreement (“you” or “your”), and Veridian Hosting, LLC. (“Veridian Hosting”,
“we”, “us”, or “our”). By corresponding with us, browsing our web properties, or
using our Services you accept these TOS. You agree to abide by the then-current
version of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund
& Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our
DMCA Policy, each of which is integrated into the TOS by reference (together, the
“Policies”). These Policies may be modified from time-to-time by us and, by continuing
to use our Services, you agree to be bound by the modifications. The most recent
version of these TOS can always be found here.
2. Customers
While we facilitate your business on the
Internet, we are an independent contractor. We only have control of the products
and services we provide directly. We are not liable for your actions, the actions
of third-party service providers, or the actions of individuals who use your instance
of such products and services (“End Users”).
3. Services
Veridian Hosting provides several services
and products to its customers, which are collectively referred to in these TOS as
the “Services”. Regardless of whether you pay for a Service or it is provided as
part of a package, as a standalone full-price or discounted service or for free,
any Service you request or allow to be provided by Veridian Hosting is included
as part of the “Services” we refer to in these TOS and the other Policies. All
Services are subject to each of our Policies. Certain Services may also be provided
by third parties and their terms of service or use that may contain additional or
different terms will also apply to your use of such Services. We may change the
specifications or details of the Services at any time but we have no obligation
to change the Services. Additionally, the third parties we contract with to provide
Services may change their offering at any time, including between the time of purchase
and the date the Services are delivered. We will use commercially reasonable efforts
to inform you of changes to the Services.
a. Knowledgebase.
Additional information on our Services, including those listed below, can be found
in our Knowledgebase. These TOS govern where they are in conflict with anything
posted in the Knowledgebase.
b. Services Offer.
Veridian Hosting offers several different products and services, including but not
limited to those listed below. These TOS and our Policies apply to all Services,
whether or not listed below. Details are available on the websites indicated and
the details at those websites does not modify or supplement these TOS or our Policies.
i.
Shared Web Hosting
(databases hosted as part of Shared Web Hosting are limited to five (5) gigabytes
per database and email accounts hosted as part of Shared Web Hosting are limited
to fifteen (15) gigabytes of space): https://veridianhosting.com/web-hosting/
ii.
Unmanaged VPS
Hosting: https://veridianhosting.com/vps-hosting/unmanaged
iii.
Managed VPS Hosting
(Linux based): https://veridianhosting.com/vps-hosting/managed
iv.
Reseller Hosting
(databases hosted as part of Shared Web Hosting are limited to five (5) gigabytes
per database and email accounts hosted as part of Shared Web Hosting are limited
to fifteen (15) gigabytes of space): https://veridianhosting.com/reseller-hosting
v.
Cloud Hosting:
https://veridianhosting.com/cloud-vps-hosting
vi.
Unmanaged Dedicated
Server Hosting: https://veridianhosting.com/dedicated-server-hosting/unmanaged
vii.
Managed Dedicated
Server Hosting: https://veridianhosting.com/dedicated-server-hosting/managed
viii.
Email Hosting
(POP3, SMTP, IMAP): https://veridianhosting.com/email-hosting
ix.
Domain Registration:
https:// veridianhosting.com/cart.php?a=add&domain=register
x.
These Services
enable certain software and development options.
c. Terms Specific to Domain Name Services.
i.
We resell domain
names. When you apply to register a domain name, your request is transmitted to
eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound
by eNom’s domain name registration policies and procedures, so please read them.
These policies and procedures are available at: www.eNom.com/terms. Because of the
mechanics of domain name registration, we cannot guarantee that your domain name
will be registered. After registration, it is your responsibility to ensure your
domain name does not lapse and is timely renewed and we are not responsible for
any lapse or any damages caused by any lapse. We will make commercially reasonable
efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE
FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY
FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION
OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.
ii.
It is your sole
responsibility to fully investigate and ensure that the domain name you register
does not infringe on the legal or intellectual property rights of others. We do
not check to see whether a domain name you register or use infringes on the rights
of any third party and we suggest you seek advice of legal counsel before registering
any domain.
iii.
Veridian Hosting
will use commercially reasonable efforts to comply with any legal order to cancel,
modify, or transfer your domain name. ICANN's Transfer Policy requires a
60 day transfer lock to apply to your domain name(s) in the event of any “Change
of Registrant.” Veridian Hosting currently locks your domain name for any change
involving your WhoIs information. This feature is designed to protect your domain
from any unauthorized attempt to transfer your domain. We do not offer an option
to opt out of the 60 day transfer lock. Any “Change of Registrant” as defined by
ICANN's Transfer Policy will subject the domain to a 60 days transfer lock.
Please note that the parameters that trigger the 60 day transfer lock are subject
to change. The current parameters which trigger the 60 day lock include: (A) change
of registrant First Name, (B) change of registrant Last Name, (C) change of registrant
Organization Name, (D) change of registrant Email. You also agree and understand
ICANN’s policies for Domain Verification and any other current or future policies
they might enact. More information can be found here: https://www.enom.com/reseller/legal-policy-agreements/registrant-benefits-and-responsibilities/,
https://www.icann.org/en/resources/registrars/registrant-rights/educational,
and https://www.icann.org/en/resources/registrars/registrant-rights/benefits
d. Terms That Apply to All Hosting Services.
i.
Our Hosting accounts
are allocated bandwidth depending on the package you select. The bandwidth for Services
purchased does not rollover and is not creditable across periods. In the event you
require more bandwidth than you have purchased, your account may be suspended until
the next period, you may purchase additional bandwidth by upgrading your account,
your account may be terminated for a violation of the terms of the package you purchased,
or we may charge you an additional fee for the overage, in our sole discretion.
ii.
We will provide,
as part of the Service cost, the number of primary IP addresses included in the
plan you select. You may request additional IP addresses for an additional fee.
If we need to change one of your assigned IP addresses we will notify you of the
change by email. You may use the IP addresses provided only in association with
the Services and they may not be transferred.
iii.
In using our hosting
Services, you may not place excessive burdens on our CPUs, servers, or other resources,
including our customer support services. You understand that bandwidth, connection
speeds, and other similar indices of capacity are maximum numbers. Consistently
reaching these capacity numbers may result in our need to place restrictions on
your use of the Services, including suspension or termination of your account or
a reduction in bandwidth available for your use (also known as bandwidth throttling),
in our sole discretion. You agree that we may place restrictions on your use of
the Services or customer support services to the extent that they exceed the use
of these resources by similarly situated customers.
e. Terms That Apply To Particular Hosting Services.
i.
For all Unmanaged
Hosting Services, you are solely responsible for providing the firewalls and software
and for all installation, maintenance, security, and backup for the Unmanaged Hosting
Services.
ii.
If you utilize
Managed or Unmanaged Hosting Service with Root Access, you acknowledge that you
are solely responsible for any changes you make while using such access and Veridian
Hosting may not be able to correct any changes, recover data, or reverse any damage
you do when using Root Access capabilities. We will use commercially reasonable
efforts to troubleshoot issues upon request, as stated in our Support Policy.
iii.
Cloud VPS Hosting
accounts are billed by usage and charges will accrue over the billing period based
on the resources used. The initial purchase payment is put on your account as a
credit that is then applied to your next invoice(s). Since configurations can be
changed at any time, your invoice will always show an itemized breakdown of the
resources used. Additional details can be found in our Billing & Refund Policy.
iv.
VPS Hosting accounts
are allowed to use a maximum of two million (2,000,000) inodes.
v.
Shared Web Hosting
accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and
thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded
and removed after creation.
vi.
For Shared, Reseller,
Managed and Core Managed Hosting accounts, backups older than thirty (30) days in
a customer account may be removed from the server at our discretion.
vii.
For Shared Web
Hosting and Reseller Hosting, the terms “unlimited” and “unmetered” are defined
by our experience with similarly situated customers. This means that your use of
our resources may not exceed that of similarly situated customers. Shared and Reseller
Web Hosting Use may not include: (i) streaming content (other than that which is
incidental to your website’s operation), (ii) management of very large photo galleries,
(iii) storage of a large amount of uncompressed or full-size digital images, (iv)
online file (FTP) serving, (v) distribution of large audio or video content such
as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files,
or anything not directly related to the website). You agree that we may remove impermissible
materials from our servers at any time in our sole discretion without notice. We
may also delete the following types of files if we find them to be using excessive
amounts of disk space, especially if affecting other customers: (i) cPanel or other
backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous
backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup
temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and
(viii) any other large files deemed unnecessary for core website functionality or
not containing any valuable data.
viii.
For our cPanel
Shared Web Hosting and cPanel Reseller Hosting Services, our complimentary JetBackup
will provide complimentary backups of your data. These backups will be done using
our commercially reasonable efforts and may not include all files, including some
email files, due to technical constraints. Veridian Cloud Backup powered by JetBackup
are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your
account, your account will no longer be backed up. Please download any cPanel backups
and store them locally.
ix.
Reseller Hosting
accounts are allowed to use a maximum of six hundred thousand (600,000) inodes per
account and thirty-five (35) concurrent HTTP connections to the server. Backups
should be downloaded and stored remotely.
x.
Email Hosting
enables a user to use specific Services, including cPanel services, to create or
delete email accounts, manage passwords, set mailbox space quotas, or configure
other server-specific settings. Email Hosting services are subject to certain storage
limitations and we auto-delete email in your trash or deleted folder after such
email becomes more than thirty (30) days old in order to help you manage storage
limits. We may also delete mail in your spam or bulk mail folder after such email
becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding
any automatic complimentary backup services, you should backup and save your emails
locally to ensure they will be available when needed. If an email is deleted, we
will use commercially reasonable efforts to retrieve such email but cannot guarantee
recovery of any emails. Email accounts may be subject to storage quotas specified
in a particular package.
xi.
Our Email Hosting
Services do not ensure that your inbound and outbound emails will be delivered;
settings beyond our control may impact email deliverability, including emails being
sent to a spam folder or emails not being delivered at all. IP address blacklisting
beyond our control may also affect email delivery.
4. Resellers
Whether you are a reseller or use Reseller
Hosting Services, you agree to abide, and be bound, by the terms of these TOS and
our Policies, including all provisions related to indemnification and termination
for a violation of these TOS and our Policies. All additional or different terms,
representations, warranties or covenants than those included in these TOS or our
other Policies, including those made about the capabilities of any Services by any
third party, are specifically disclaimed. Further, such proposed additional or different
terms shall be deemed a violation of the Terms of Service and could result in cancellation
of your account.
5. Access
You will not have physical access to any
of the servers on which your data is stored. These servers will often be shared
with third parties. Use by any third party may affect your use and administration
of the server. You shall not take any actions to limit the use of or alter the server
or Service functionality or the functionality of any related equipment.
6. Control Panels
a. cPanel.
i.
cPanel Services
are provided through a third party. When you subscribe for use of cPanel with any
of the Services, you agree to be bound by cPanel’s End User License Agreement, available
at: https://cpanel.com/legal-store.html. Please be sure to review cPanel’s
End User License Agreement before use of cPanel-related Services.
ii.
Starting on January
1, 2021 (the “New cPanel License Start Date”), if your web hosting plan comes with
access to cPanel-related Services, a cPanel license will be applicable to your plan.
Your web hosting plan will determine which type of cPanel license will be applicable.
Each cPanel license type comes with a set number of cPanel accounts that can be
created. If you need additional cPanel accounts than what is included with your
plan’s default cPanel license, you may be required to either upgrade your plan or
purchase additional cPanel accounts..
b. Plesk. Services are
provided through a third party. When you subscribe for use of Plesk with any of
the Services, you agree to be bound by Plesk End User License Agreement, available
at: https://www.plesk.com/eula/. Please be sure to review Plesk’s End User
License Agreement before use of Plesk-related Services.
c. Jetpack for WordPress.
Jetpack Services are provided through a third party, Automattic Inc. When subscribing
to Jetpack services in connection with hosted WordPress sites with us, you agree
to be bound by Jetpack's End User License Agreement, available at: https://wordpress.com/tos/.
Please review Jetpack's End User License Agreement before using any Jetpack Services
on websites hosted with us.
d. Titan. Titan email services
are provided through a third party, FLOCK FZ-LLC DMCC. When subscribing to Titan
services with us, you agree to be bound by Titan’s Agreements and Policies including
but not limited to Titan's Customer Terms and Titan's Privacy policy, available
at: https://support.titan.email/hc/en-us/sections/360006033194-Agreements-and-Policies.
Please review Titan's Agreement and Policies before using any Titan services provided
through us.
e. Note that with respect to any control panel Services, whether
Plesk or cPanel, your use of such Services may not exceed that of similarly situated
customers and you agree that we may place restrictions on your use of the Services
to the extent that they exceed the use of these resources by similarly situated
customers. Restrictions may include a requirement to remove inactive or unused accounts,
logins or licenses to moderate your use of control panel Services.
7. Enrollment; Account Information
a. Enrollment. YOU
WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU
ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY
YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for
potential fraud and accurate information must be supplied for purposes of this screening.
Further, before using the Services, you represent and warrant to Veridian Hosting
that: (i) you have the experience and knowledge necessary to use the Services; (ii)
you understand and appreciate the risks inherent to you, your business and your
person, which come from using the Services in particular, and doing business on
the Internet in general; and (iii) you will provide us with material that may be
implemented by us to provide the Services.
b. Account Information.
You are required to provide us with accurate information when setting up your account.
You must also keep this information, including your email address, up to date during
the course of our relationship. On occasion, we may need to communicate with you
by email about the Services. We have no responsibility, or liability, for interruptions
in the Services, or damages of any sort, based on email communications that are
misdirected or blocked by a third party application, including as a result of your
failure to maintain updated account and contact information or for circumstances
beyond our control.
c. Account Security
i.
You are responsible
for all actions that are performed with, by, or under your account credentials whether
done by you or by others. All account access, password, and other security measures
are your responsibility. Veridian Hosting is not liable for any damages, direct
or indirect, that result from unauthorized account access or use.
ii.
In addition to
terms under the Support Policy, in connection with support services, you will be
responsible for all authorized actions taken by our support personnel using your
login. Before you request support, you should backup your data.
iii.
You agree to give
Veridian Hosting permission to access your accounts for the purpose of troubleshooting
technical issues with the account or server and to confirm compliance with all of
our Policies. We also conduct automated scans of data for security purposes and
reserve the right to change permissions, modify files or quarantine files that are
deemed to be malicious in nature.
8. Term of Agreement; Billing & Payment.
a. Term. We are not bound
to perform Services until we receive payment from you when you checkout through
our web platform (the “Effective Date”). We will begin delivery of the Services
on the Effective Date and continue until the date set out on the page describing
the Services located at veridianhosting.com (“Initial Term”).
b. AUTOMATIC RENEWAL.
The Initial Term will AUTOMATICALLY RENEW for successive periods
of equal duration (each a “Renewal Term”). For more information
on automatic renewal, please see our Refund and Billing Policy. If you wish to discontinue
the Services, you need to notify us by using one of the methods below before automatic
renewal for a Renewal Term. You can notify us by:
i.
Submitting a cancellation
at least one (1) day before the beginning of a Renewal Term through our online cancellation
form found at veridianhosting.com;
or
ii.
Contacting us
at least fifteen (15) days before the beginning of a Renewal Term by sending an
email to billing(at)veridianhosting.com (replace “(at)” with “@”) or contacting
us through our customer portal at https:// veridianhosting.com.
c. Termination. Regardless
of the method of termination by you, valid proof of account ownership and authorization
to cancel are required to terminate an account.
i.
Termination for
Convenience.
1. Either party may terminate the Services for convenience upon
fifteen (15) days prior by providing written notice to the other. We only accept
cancellations through our online cancellation form found at veridianhosting.com. If you terminate for
convenience, you will be responsible for all charges for the duration of the then
active Initial or Renewal Term. For details on our Money Back Guarantee, please
see our Refund & Billing Policy.
2. Before cancelling, we request that you, but do not require you
to, contact us and request an escalation of your issue if your cancellation is due
to unsatisfactory services or an unsatisfactory answer to a previous issue. If your
agreement with us is for a set term, please contact us prior to canceling
to determine what your charges will be in connection with the termination. All cancellation
requests need to be submitted through our online cancellation form found at veridianhosting.com.
ii.
Veridian Hosting
Termination. We reserve the
right to immediately suspend or cancel the Services without notice: (a) for a violation
of these TOS, including any of our Policies; (b) for your failure to pay any amounts
due, (c) to prevent a service interruption by an Internet Service Provider or other
network services provider, or (d) to protect the integrity of Veridian Hosting’s
network or the security of the Services. You are not entitled to notice or protest
should we exercise these rights. Upon termination, your account will be closed,
data deleted, and all fees and charges due and payable must be paid to us. Once
your account is closed, we have no responsibility to: (x) forward email, or other
communications or (y) maintain any data backup that predates the termination date.
If allowed, you are encouraged to keep the Service active during a transition period
should you seek to forward your email or other communications. If we suspend or
terminate your use of our Services because you have violated these TOS, including
any of our Policies, we will not provide you with a credit.
iii.
For Breach. You may terminate the Services upon the occurrence of a material
breach by Veridian Hosting, which has not been cured within thirty (30) days of
our receipt of written notice of the breach. A material breach does not include
any of the items listed in Section 19(b). Notice of a material breach must contain
sufficient detail for us to identify the breach and attempt to take corrective action.
d. Post Termination Access.
If we are able to provide data from backup in an account that has been terminated,
you will be subject to a one-time charge of seventy-five dollar ($75) or more to
cover the cost of the access. All data in accounts that are not renewed or are terminated
will be removed from our servers and will likely be irretrievably lost. Any domain
registration packages associated with these accounts will also be canceled.
e. Billing, Refund & Payment. Please see our Refund & Billing Policy for additional
details on billing, refunds, and payment processes and procedures.
9. Money Back Guarantee
We don’t want any customers to leave. However,
if you do want to leave, we offer a Money Back Guarantee that will allow you to
receive a full or partial refund of certain fees. For details on this policy, please
see our Refund & Billing Policy.
10. Use of the Services
Your use of the Services is governed by
these TOS, including our Policies. VERIDIAN HOSTING PROVIDES NO GUARANTEE THAT THE
SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS
VERIDIAN HOSTING’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY
VERIDIAN HOSTING IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.
11. Testimonials
You may provide us with a written or verbal
endorsement of our Services in connection with your use of the Services (“Endorsement”).
The Endorsement will be the actual first-hand account of your experience using our
Services. Any Endorsements you provide will be owned by us and we may, at our discretion,
use the Endorsement to promote our Services in-person, in print, online, and all
other media. We may also edit the Endorsement for brevity or other reasons, so long
as it is consistent with your original Endorsement. In connection with our use of
your Endorsement, you hereby agree that we may use your first name, last initial,
home state, voice or likeness, and/or contact information in connection with its
publication of the Endorsement. If, at any time, you want us to stop using your
Endorsement, please contact us using the contact information in Section 18 and we
will cease using the Endorsement soon after processing your request.
12. Data Backups
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR
RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF
VERIDIAN HOSTING’S NETWORK. Veridian Hosting is not responsible for any data loss
or corruption, including that result from: (i) our authorized actions, (ii) those
actions you take using the Services, (iii) hardware failures, (iv) any software
or other technology failures, or (v) account termination, cancellation, or suspension.
13. Licenses; Intellectual Property; Data
Ownership
a. Services performed or provided by Veridian Hosting are either
Veridian Hosting’s original work or are the works of third parties from which Veridian
Hosting has obtained necessary permissions to provide and are not “works made for
hire”. We hereby grant you a license to use the Services and technology under the
terms of these TOS, including our Policies. The license is non-exclusive, non-transferable,
non-sublicensable worldwide, and royalty free and terminates when you or Veridian
Hosting terminates the Services.
b. All right, title and interest in Veridian Hosting’s technology
and the Services shall remain with Veridian Hosting, or Veridian Hosting’s licensors.
You are not permitted to circumvent any devices designed to protect Veridian Hosting,
or its licensors’, ownership interests in the technology or Services provided to
you. In addition, you may not reverse engineer this technology or the Services.
c. We use all information we gather as specified under the terms
of our Privacy Policy. You hereby grant Veridian Hosting, and any third parties
used by Veridian Hosting to provide the Services, a non-exclusive, non-transferable,
worldwide, royalty free license to use, disseminate, transmit and cache content,
technology and information provided by you and, if applicable, End Users, in conjunction
with the Services.
d. For information on how we share data and other confidential
information, please see our Privacy Policy.
14. Veridian Hosting’s Warranty
Veridian Hosting warrants that it will
perform the Services in accordance with prevailing industry standards. To make a
breach of warranty claim, you must notify Veridian Hosting in writing, specifying
the breach in reasonable detail, within thirty (30) days of the alleged breach.
Your sole and exclusive remedy, and Veridian Hosting’s sole and exclusive obligation,
in the case of a breach of this warranty is, at Veridian Hosting’s option, to (i)
reperform the Services, or (ii) issue you a credit based on the amount of time the
Services were not in conformity with this warranty, subtracted (“pro-rated”) by
the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES
ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
15. Your Representations and Warranties
a. You agree to reasonably cooperate with us to facilitate your
use of the Services. This cooperation includes, but is not limited to, providing
us with correct contact and billing information and ensuring that you, your employees,
and/or agents have sufficient technical expertise to understand how to implement
the Services.
b. It is your responsibility to ensure that you can connect with
us to use the Services. You represent and warrant that you, or the entity you represent,
have the sophistication and technical skill to utilize the Services.
c. You have read and agree to the terms outlined in the Veridian
Hosting Support Policy.
d. You warrant and represent that you have full authority and power
to agree to the terms of these Policies on behalf of the company you represent,
if any.
e. You warrant and represent that you and/or your company have
not been identified or listed as Specially Designated National or Blocked Person
by the U.S. Department of Treasury, Office of Foreign Assets Control.
16. Disclaimers
a. EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO VERIDIAN HOSTING), OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given
by Veridian Hosting, its employees, agents, owners, directors, officers, or affiliates
pursuant to these TOS, or otherwise, shall create a representation or warranty or
in any way increase the scope of any representations and warranties set forth in
these TOS. VERIDIAN HOSTING DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE
COMPLETE OR FREE FROM DEFECTS OR ERRORS.
b. Veridian Hosting is not liable, and expressly disclaims any
liability, for the content of any data transferred either to, or from, you or stored
by you or any of your customers via the Services provided by us. Veridian Hosting
is not responsible for any loss of data, for any reason. Veridian Hosting is not
liable for unauthorized access to, or any corruption, erasure, theft, destruction,
alteration or inadvertent disclosure of, data, information or content, transmitted,
received, or stored on its network.
c. Veridian Hosting is not liable, and expressly disclaims any
liability, for data breaches or data compromise caused by your failure to keep web
applications including plugins up to date.
d. VERIDIAN HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES
REGARDING SERVICES PROVIDED BY THIRD PARTIES, VERIDIAN HOSTING SPECIFICALLY DISCLAIMS
ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS
OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS
OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO VERIDIAN HOSTING SHALL BE PASSED
THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES.REGARDLESS
OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express
or implied, made by these third party entities to Veridian Hosting shall be passed
through to you, nor shall you claim to be a third party beneficiary of those warranties.
e. SOME STATES DO NOT ALLOW VERIDIAN HOSTING TO EXCLUDE CERTAIN
WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE
EFFECTIVE DATE.
17. Limitation of Liability
a. It is your obligation to ensure the accuracy, integrity, title
or ownership, and security of anything you receive from the Internet. YOU AGREE
THAT VERIDIAN HOSTING HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS
ACCESS FROM THE INTERNET.
b. IN NO EVENT SHALL VERIDIAN HOSTING BE LIABLE TO YOU IN CONNECTION
WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY,
FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS
INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS
PARAGRAPH ONLY, THE TERM “VERIDIAN HOSTING” SHALL BE INTERPRETED TO INCLUDE VERIDIAN
HOSTING’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE
TOS OR ANY OF THE OTHER POLICIES, VERIDIAN HOSTING SHALL NOT BE LIABLE FOR ANY INDIRECT
OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY,
LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR
CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE
SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
d. IN NO EVENT WILL VERIDIAN HOSTING’S LIABILITY HEREUNDER EXCEED
THE AGGREGATE FEES ACTUALLY RECEIVED BY VERIDIAN HOSTING FROM YOU FOR THE THREE
(3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
e. Veridian Hosting will not be held responsible for any: (i) force
majeure events described in Section 20(b), below, (ii) problems or service outages
caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime,
as further defined in our Server Maintenance Policy. Our uptime commitment described
in the Server Maintenance Policy does not apply to disruptions to your use of the
network because of a violation of these TOS, including our Policies.
18. Indemnification
a. You agree to indemnify, defend, and hold harmless Veridian Hosting
and its personnel, parent, subsidiaries and affiliated companies, third party service
providers, and each of their respective officers, directors, employees, shareholders,
and agents (each an “indemnified party” and, collectively, “indemnified parties”)
from and against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses (including,
reasonable attorney’s fees) arising out of or relating to (i) your use of the Services,
including any data migration-related efforts you request from Veridian Hosting personnel
or authorize Veridian Hosting personnel to conduct; (ii) any violation by you of
these TOS or any of Veridian Hosting’s Policies, including those violations that
result in a disruption of the network; (iii) any breach of any of your representations,
warranties, or covenants contained in these TOS, including the Policies; or (iv)
any acts or omissions by you. The terms of this section shall survive any termination
of these TOS or the Services. For the purpose of this paragraph only, the terms
used to designate “you” include you, your customers, visitors to your website, and
users of your products or services, the use of which is facilitated by us.
b. Veridian Hosting shall indemnify and hold you harmless from,
and at its own expense agrees to defend, or at its option to settle, any claim,
suit, or proceeding brought or threatened against you so far as it is based on a
claim that Services provided by Veridian Hosting hereunder infringes any U.S. patent,
copyright, or trademark. This indemnification provision is expressly limited to
Services that are fully owned by Veridian Hosting. It does not extend to products
or services provided by third parties. If contained and permitted in its agreements
with third-party suppliers, Veridian Hosting shall flow down applicable intellectual
property indemnification provisions to you. This paragraph will be conditioned on
your notifying Veridian Hosting promptly in writing of the claim and giving Veridian
Hosting full authority, information, and assistance for the defense and settlement
thereof. If an infringement claim has occurred, or in Veridian Hosting’s opinion
is likely to occur, Veridian Hosting shall have the right, at its option and expense,
either to: (i) procure for you the right to continue using the Service(s); (ii)
replace with the Service(s), regardless of manufacturer, performing the same or
similar function as the infringing Service(s), or modify the same so that it becomes
non-infringing; or (iii) if neither of the foregoing alternatives is reasonably
available, immediately terminate the infringing or affected Services and refund
the Fees charged by us for the period in which the Services were unavailable.
19. Notices
a. Notices will be sent to you at the email address in your account.
It is your obligation to ensure that we have the most current email address for
you by keeping your account information up to date.
b. Please refer to our website, https://veridianhosting.com/,
for contact information for most issues, including technical support and billing.
Notices regarding this TOS and other Veridian Hosting Policies should be directed
to:
Veridian Hosting,
LLC.
P.O. Box 6507
Toledo, OH 43612
20. Legal
a. Compliance with Law
i.
U.S. export laws
apply to your use of the Services. It is your obligation to confirm that your use
of the Services complies with applicable laws and we encourage you to learn more
about U.S. export laws to ensure that your use of our network complies with these
laws. More information about U.S. export laws may be found at: https://www.export.gov/.
ii.
We may disclose
information, including information that you may consider confidential, in order
to comply with a court order, subpoena, summons, discovery request, warrant, regulation,
or governmental request or to protect our business, or others, from harm. We assume
no obligation to inform you that we have provided this type of information unless
we have affirmatively agreed to do so. In some cases we may be prohibited by law
from giving such notice. Cooperation with civil litigants is at our discretion.
Responding to requests for production of documents, and other matters requiring
more than mere ministerial activities on our part, will incur a fee of two hundred
dollars ($200) per hour. We do not honor requests from civil litigants that expenses
be pre-approved, and we may require a deposit to secure payment.
b. Force Majeure.
Except for the obligation to pay monies due and owing, neither party shall be liable
for any delay or failure in performance due to events outside the party’s reasonable
control, including without limitation third party service failures, software failures,
hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth
interruptions, general network outages, earthquake, labor disputes, shortages of
supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations
and rights of the excused party shall be extended on a day to day basis for the
time period equal to the period of the excusable delay. The party affected by an
excusable delay shall notify the other party as soon as possible, but in no event
less than ten (10) days from the beginning of the event.
c. Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS,
including our Policies, shall be controlled by and construed under the laws of the
State of Ohio, United States of America, as if performed wholly within the state
and without giving effect to the principles of conflicts of law. You agree that
jurisdiction and venue for are exclusive in the Sixth Circuit Court in Ohio or the
U.S. District Court for the Northern District of Ohio. The parties specifically
disclaim the UN Convention on Contracts for the International Sale of Goods.
d. All Claims.
All claims you bring against us must be resolved in accordance with our Policies.
Without limiting the previous sentence, this includes claims based on Service outages
that are expressly covered by our Policies. All claims filed or brought contrary
to our Policies will be considered to be improperly filed and a breach of our Policies.
If you file a claim contrary to our Policies, we may recover attorney’s fees and
costs. Attorney’s fees include any fees charged by our attorneys.
e. No Waiver.
No waiver of a right under these TOS, including our Policies, shall constitute a
subsequent waiver of such right under these TOS or any of our Policies.
f.
Assignment. These TOS may be assigned by Veridian Hosting. It may not
be assigned by you. These TOS shall bind and inure to the benefit of the corporate
successors and permitted assigns of the parties.
g. Severability.
In the event that any of the terms of these TOS, including any of the Policies become
or are declared to be illegal or otherwise unenforceable by any court of competent
jurisdiction, such term(s) shall be revised to reflect Veridian Hosting’s intent,
as permitted by applicable law. All remaining terms of these TOS shall remain in
full force and effect.
h. Survival.
Sections 11 through 18 shall survive the termination of these TOS.
i.
Construction. The terms “including”, “includes”, and “include” shall be
deemed to be followed by the words “without limitation” and the illustrative items
introduced thereby shall not limit the scope of the otherwise general term but shall
be by way of example only.
j.
Claims Period. No action or proceeding against us may be commenced by you
more than one (1) year after the Service which is the basis for the action is rendered.
You fully acknowledge that this limitation constitutes an express waiver of any
rights under any applicable statute of limitations which would otherwise afford
additional time for such a claim.
Server Maintenance
Policy
1. Purpose
This is Veridian Hosting, LLC.’s (“Veridian
Hosting”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy
discusses the ways in which we maintain our technology to improve and administer
the Services (as defined in the Terms of Service) and how you will be impacted by
those actions. Capitalized terms used but not defined in this policy have the meaning
given to them in our Terms of Services.
2. Availability
We offer a 99.9% uptime commitment. We
will use our commercially reasonable efforts to provide the Services twenty-four
(24) hours a day, seven days a week. However, in order to operate in an efficient
and secure manner, servers and network equipment require routine maintenance and
upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services
may be unavailable for various reasons, including due to Scheduled Downtime or causes
beyond our control. We will provide commercially reasonable advance notice to you
for Scheduled Downtimes, and will use commercially reasonable efforts to minimize
any other disruption, inaccessibility, or inoperability of our web servers but we
are not responsible for the unavailability.
3. Maintenance
Planned outages, including Scheduled Downtime,
during these periods will not fall under our 99.9% uptime commitment. Veridian
Hosting will make a reasonable effort to advise Veridian Hosting customers as far
in advance as possible of any predicted extended outages.
a. Definitions.
Three types of maintenance downtimes are defined:
i.
“Routine Maintenance”
means a weekly short downtime necessary for quick updates and patches requiring
reboots or restarts.
ii.
“Comprehensive
Maintenance” means a longer monthly or otherwise scheduled downtime necessary
for more significant enhancements.
iii.
“Emergency
Maintenance” means a service affecting maintenance that is so severe it requires
immediate attention.
iv.
“Scheduled
Downtime” includes (i) and (ii) above.
b. Intervals. The
Scheduled Downtime intervals are as follows (the time zone is where the data center
or server is located):
i.
Routine Maintenance
Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should
not exceed fifteen (15) minutes unless other problems are encountered and will
NOT be announced.
ii.
Comprehensive
Maintenance Window (Monthly or Scheduled). First Saturday evening of every month
from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated
to affected customers via your contact email address.
iii.
Emergency Maintenance.
This type of maintenance is inherently not scheduled and is only used in extreme
circumstances. We will make our best effort to notify customers should this become
necessary.
c. Limitations.
This Server Maintenance Policy includes but is not limited to: (i) shared servers
and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts,
(iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal
websites such as billing and support. Major system upgrades may require additional
Scheduled Downtime.
4. Backup of Data
Before attempting to troubleshoot any issue
yourself or engaging us to assist with Service issues, please BACKUP ANY AND
ALL DATA. Veridian Hosting is not responsible for any data loss or corruption,
including that resulting from: (i) our authorized actions, (ii) those actions you
take using the Services, (iii) hardware failures, or (iv) any software or other
technology failures.
5. Customer Responsibilities
a. It is the responsibility of the customer to make sure that all
Services being provided on their servers are setup to resume operations automatically
upon reboot or restart of the particular Service you have with us. Veridian Hosting
will not be held responsible for any problems or service outages caused due to reboots
during standard maintenance periods.
b. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
c. Please contact support at https:// veridianhosting.com
and file a ticket if you have any questions.
Support Policy
1. Purpose
This is Veridian Hosting, LLC.’s (“Veridian
Hosting”, “we”, or “our”) Support Policy. The purpose of this Support Policy is
to clearly lay out Veridian Hosting’s support policies and procedures so that all
customers have a clear understanding of what can be expected of us and what we expect
of you, our valued customer, in connection with our delivery and your use of the
Services (as defined in the Terms of Service). We ask that every customer read these
policies and familiarize themselves with them. We look forward to providing quality
support for all of your hosting needs. Capitalized terms used but not defined in
this policy have the meaning given to them in our Terms of Services
2. Backup of Data
Before attempting to troubleshoot any issue
yourself or engaging us to assist with Service issues, please BACKUP ANY AND
ALL DATA. Veridian Hosting is not responsible for any data loss or corruption,
including that resulting from: (i) our authorized actions, (ii) those actions you
take using the Services, (iii) hardware failures, or (iv) any software or other
technology failures.
3. Methods of Support
a. Support Generally.
Support we offer is included as a Service. We do not charge for responding to technical
support tickets, phone calls or LiveChat but we do expect you to abide by the terms
of this Support Policy and our other Policies when utilizing this Service.
b. Technical Support Tickets.
This is our primary support system. Almost ALL issues will require the submission
of a trouble ticket. This is our preferred method because of the ability to
track issues to resolution and give us time to properly review and research problems.
Please do not submit multiple tickets about the same problem as that simply creates
confusion. If you need to add information to an existing ticket, please do so in
the existing ticket by logging into the support system or by replying to the ticket
email.
c. LiveChat.
LiveChat is available by clicking the Live Help button on our website. This gives
you the ability to immediately contact one of our representatives. Due to the nature
of live chat, our goal is to gather all necessary details and open a support ticket
on your behalf. Our team is focused on ensuring proper resolutions as quickly as
possible.
d. Phone. In the unlikely
event that you experience a service interruption, we ask that you immediately call
our support team and report the issue. Our support staff will work with you to resolve
the issue. We understand that your time is valuable and we do our best to avoid
any live troubleshooting of issues. Our staff will gather as much detail from you
during your call and open a ticket on your behalf. We would be more than happy to
call you back if you provide a call back number or we will attempt to use the phone
number associated with your account if no call back number is provided.
4. Customer Relationships
We strive to provide you with courteous,
professional, and technically accurate support. Although we understand how frustrating
technical problems can be, we ask that you treat us with respect and we will do
the same in return. Our ultimate goals are the same, providing you with accurate
support in a timely manner. If you feel you have been treated unfairly or have any
other complaints, you may contact us to reach a supervisor directly.
5. Support Hours
The timeframes below are when the applicable
method of support is provided. You can of course submit tickets outside this time
frame, but answers may not be received until business hours resume.
6. Support
Technical Support Tickets: 24 hours a day, 7 days a week
LiveChat: 24 hours a day, 7 days a week
Phone: 24 hours a day, 7 days a week
Billing Tickets: Monday-Friday 9:00AM - 7:00PM US Eastern Time
7. Billing and Sales Support
Billing and Sales tickets are handled as
quickly as possible. Please see our Refund and Billing Policy for more information
regarding Veridian Hosting’s billing policies. You can view invoices and update
your payment method by accessing the customer portal.
Acceptable Use
Policy
1. Purpose
Thank you for your business. This is Veridian
Hosting, LLC.’s (“Veridian Hosting”, “we”, or “our”) Acceptable Use Policy. This
Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations
when using our Services (as defined in the Terms of Service.) Veridian Hosting,
LLC. is in the business of facilitating communication between computer networks.
Our goal is to allow our users complete access to everything the Internet has to
offer, and to help them build their businesses. This AUP facilitates this goal by
governing your use of the Services. Because of the evolving nature of the Internet,
our business, and the various ways in which our, equipment, technology or network
may be abused, abusive activities not set out in this AUP may still be prohibited.
For the same reason, we reserve the right to update this AUP from time-to-time.
The most recent version will always be posted here. Capitalized terms used but not
defined in this policy have the meaning given to them in our Terms of Services.
2. Veridian Hosting Policies; Third Party
Policies
a. This AUP and our other Policies are part of your contract with
us, and governs your use of our network and resources and our provision of the Services
(as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide
by our Policies by using the Services or when you checked “I agree” to our Terms
of Service. If you are not our direct customer, you agree to abide by this AUP by
using the Services provided by or through us.
b. You are bound by policies from third parties that provide Services
to you through Veridian Hosting. You are strongly encouraged to review such policies
prior to agreeing to be bound by this AUP. We will provide you with additional information
about those policies on request.
3. Appropriate Use of Veridian Hosting
Services
Intellectual property rights are respected.
Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy, for
the process to notify us regarding potential intellectual property rights infringement.
You are required to comply with U.S. laws governing copyrights, trademarks, patents,
and other laws governing your use of the Services and intellectual property.
4. Prohibited Uses
a. Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with
over five hundred (500) recipients and you may not send an email to more than five
hundred (500) recipients. If you need to send an email to over five hundred (500)
recipients, please contact our Support Team for a list of other service providers
that can assist with this task. Even if you send email to fewer than five hundred
(500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results
in a number of complaints to us, disrupts our network, or subjects us to unfavorable
action by other Internet providers. Please review the “CAN-SPAM Act” and ensure
that any commercial email you send complies with this Act. Email that is “CAN-SPAM
compliant” may still otherwise be prohibited by our AUP. If you believe one of our
customers is engaged in spamming, please send an email containing all headers, and
your contact information, to: abuse(at)veridianhosting.com (replace “(at)”
with “@”).
b. Certain content is prohibited. You are responsible for any content
transmitted, or accessed, using our network. Transmission, storage, or presentation
of any information, data or material in violation of any applicable law or regulation
is prohibited. You may not use our network to facilitate the violation of any particular
law or regulation or this AUP. The activities listed below are meant to provide
you with examples of activities and content that are strictly prohibited by this
AUP and is not exhaustive. Use of our network to host content related to or to engage
in the following activities is strictly prohibited.
i.
Topsites;
ii.
IRC scripts/bots,
IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
iii.
IP scanners, Bruteforce
Programs/Scripts/Applications;
iv.
Mail Bombers/Spam
Scripts;
v.
File Dump/Mirror
Scripts (similar to rapidshare);
vi.
Anonymous or Bulk
SMS Gateways;
vii.
Websites or links
to websites advocating human violence and hate crimes;
viii.
Websites promoting
illegal activities. or linking to other websites that promote illegal activities;
ix.
selling, or otherwise
disseminating, pornography or other erotic material, regardless of its literary
merit;
x.
hosting adult
thumbnail galleries/banner exchanges;
xi.
lottery/gambling
or chain letters, regardless of content, and regardless of your citizenship;
xii.
advertising, advocating
or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime
banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
xiii.
fraudulent sites
(Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
xiv.
broadcasting or
streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
or television;
xv.
cryptocurrency/bitcoin
miners;
xvi.
impersonating
another user or otherwise falsifying one’s user name in email, Usenet postings,
on Internet Relay Chat (IRC), or with any other Internet service;
xvii.
dox or posting
personally identifiable information such as addresses and phone numbers of individuals
with the hope of causing damage or harm to said person. This does not cover Government
officials when providing contact email addresses or the representatives work phone;
xviii.
content that promotes
or advocates human trafficking in any way shape or form as determined by Veridian
Hosting's sole discretion, sites that promote prostitution, or escort services;
xix.
network unfriendly
activity (ex: attempts to interfere with our network or network connections or which
adversely affect the ability of other people or systems to use our network or the
Internet);
xx.
creating, posting
or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses,
worms or Trojan horses, engaging in denial of service attacks, or hosting content
that is intended to assist others in defeating technical copyright protections;
xxi.
posting links
to prohibited items, facilitating a violation of our Policies, or instructing others
in illegal or prohibited activities; and
xxii.
setting up or
using (via the Service) proxies, proxy scripts/anonymizers of any kind.
xxiii.
Drugs, controlled
substances, and tobacco. To encourage safety and deter potentially harmful activities,
we prohibit attempts to host content related to certain goods and services on our
platform. This includes content that attempts to buy, sell, trade, solicit, donate,
or gift: non-medical drugs (drugs or substances that are not being used for an intended
medical purposes or are used to achieve a high - this includes precursor chemicals
or substances that are used for the production of these drugs), marijuana, CBD,
pharmaceutical drugs (drugs that require a prescription or medical professionals
to administer), tobacco products (including vaping products, smokeless or combustible
tobacco products, synthetic nicotine products, E-cigarettes, and other ENDS [Electronic
Nicotine Delivery Systems]), and medical and herbal supplements.
If you believe that another customer is using our
network in violation of these Policies, please contact us.
c. Defamation.
Websites hosted on Veridian Hosting servers are regulated by U.S. law. Pursuant
to Section 230(c) of the Communications Decency Act of 1996, Veridian Hosting's
policy is not to remove allegedly defamatory material from websites hosted on our
servers unless the material has been found to be defamatory by a Federal or state
court of the United States, as evidenced by a court order. As a hosting service
provider, Veridian Hosting is not a publisher of User content and we are not in
a position to investigate the veracity of individual defamation claims. We rely
on the legal system to provide guidance and to determine whether or not material
is indeed defamatory. If a Federal or state court of the United States deems material
to be defamatory, libelous, or slanderous in nature, we will fully comply and disable
access to the material in question in accordance with a court order. Similarly,
if a Federal or state court of the United States places an injunction on specified
content or material being made available, we will comply and remove or disable access
to the material in question, per a court order.
d. Network Stability.
Our network is designed to meet the anticipated needs of our customers, users, and
our needs. If we determine that your use of the Services is in breach of our Policies
or impairs the stability of our equipment, technology or network, we may suspend
your use of the network, throttle back the bandwidth available for your use, or
terminate our agreement with you, in our sole discretion.
e. Monitoring of Communications. We have the duty and obligation to comply with U.S. law. In
certain cases that means that your use of the Services will be monitored. You agree
that we are not considered a secure communications medium for the purposes of the
Electronic Communications Privacy Act, and that you have no expectation of privacy.
From time-to-time we may monitor your use of the network for statistical purposes
and to improve the use of our network. Any such monitoring will be done in accordance
with our Privacy Policy, and our Terms of Service.
f.
Child Pornography. Veridian Hosting takes a strong zero tolerance stance on child
pornography, content perceived to be child pornography or child exploitative content.
Any website found to host child pornography, link to child pornography or exploitative
content will be suspended immediately without notice or warning.
5. Use of Services
a. IP Addresses.
The IP addresses we assign to you are the only ones you may use in connection with
the Services. Your use of the Services may be suspended if we determine that you
are using other IP addresses. IP addresses are part of your use of the Services,
and are owned by us and simply assigned to you while you are a customer. We may
change these addresses if necessary. IP addresses may not be assigned or transferred,
and will be recycled by us if you terminate your use of the Services.
b. Software.
We may provide software for you to use while you are a customer as part of the Services.
Generally speaking, this software is sublicensed to you, and may not be further
sublicensed or used for purposes other than those expressly permitted in our TOS
or our other Policies, and in the documentation provided with the software. You
will be given, or given access to, a software license. This license may further
restrict your use of the software. We do not provide support for software whether
you license it through us, or have licensed it independently.
6. Client Notification
In the event of a violation of any of our
Policies, including this AUP, our Compliance Team will take commercially reasonable
steps to notify you via email with relevant details about the alleged violation.
Compliance with applicable Federal, State, and Local laws, and court orders will
also be taken into account when we respond to alleged violations.
7. Contacting Us
We encourage you to contact us if you believe
that someone has violated this AUP. To facilitate this contact, and ensure that
important matters are responded to and addressed, we have designated specific channels
for communicating with us. Individuals who contact us about this AUP, the behavior
of our customers, or for other purposes, are required to provide us with accurate
information to enable us to contact them and respond to their requests. We do not
respond to anonymous correspondence, and will refer individuals who deliberately
attempt to mislead us regarding their identity, or the basis for their complaints,
to appropriate law enforcement officials. Nothing you send or communicate to us
is confidential regardless of whether you claim that it is.
Please send all email correspondence to:
abuse(at)veridianhosting.com (replace “(at)” with “@”)
Mailing Address:
Veridian Hosting, LLC.
P.O. Box 6507
Toledo, OH 43612
8. Date of Policy
This Acceptable Use Policy was last updated
August 29, 2023.
Refund & Billing
Policy
1. Purpose
This is Veridian Hosting, LLC.’s (“Veridian
Hosting”, “we”, or “our”) Refund & Billing Policy. This Refund & Billing
Policy discusses the ways in which we charge customers for use of the Services (as
defined in the TOS) and related questions about charges, refunds and billing disputes.
Capitalized terms used but not defined in this policy have the meaning given to
them in our TOS.
2. AUTOMATIC RENEWAL
a. Package Renewal.
AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO
AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL
TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. . YOUR INITIAL RENEWAL
DATE WILL APPEAR ON THE CHECKOUT SCREEN WHEN YOU INITIALLY PURCHASE SERVICES. SUBSEQUENT
RENEWAL DATES WILL BE LOCATED ON EVERY INVOICE YOU RECEIVE FROM VERIDIAN HOSTING
AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL. You will also
be emailed an invoice for the renewal term at the email address in your account
in advance of any renewal with the terms of the upcoming Renewal Term, including
duration and price of such renewal. If you wish to cancel, you may do so as set
forth in Section 8(b)(i) of our Terms of Service.
b. Domain Name Renewal.
Domain names are set to AUTOMATICALLY RENEW five (5) days before
the expiration date to ensure no disruptions occur since URLs will immediately redirect
to a landing page if a domain expires.
i.
Please note that
all payment methods that allow charges to be automatically applied will be charged
five (5) days before the domain’s expiration date per the invoice UNLESS YOU CANCEL
MORE THAN two (2) days before the renewal date (which is seven (7) days before the
extension of domain name service is effective.) If your payment method of choice
does not allow automatic payments to be applied, payment must be made manually
on or before the invoice due date or the domain name may lapse.
c. Charges. The Due Date for Fees for renewed packages is the package
renewal date.
d. Failure to Renew. Accounts that have invoices which are more
than fourteen (14) days overdue will be suspended. If a suspended account is to
be reactivated, all of the overdue invoices will need to be paid to make it current
before the suspension is lifted. Accounts that are suspended for more than 14 days
are considered abandoned and are subject to termination. Termination includes removal
of all associated data on our system. Please see the Post Termination Access section
for more information.
3. Responsibility for Payment
a. You are responsible for all charges, costs, expenses and other
fees (the “Fees”) associated with your use of the Services once our Services are
made available to you. Your first invoice is generated at the time you purchase
the Services. An invoice, which will include the duration and price of such renewal
for any Renewal Term, is generated three (3) days prior to the first day of the
Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation
request has been submitted from the client portal. The invoice will also
be available in the “My Invoices” section of the Client Portal. You are responsible
for the fees and charges set out within the emailed invoice you pay on the Effective
Date and any other invoice generated for a Renewal Term. If paying by credit card,
Paypal Billing Agreement, or any other payment method capable of automatic charge,
you will be charged on the Due Date. New Services, packages or domains that are
ordered and unpaid after seven (7) days will be canceled.In the event that the customer
fails to pay for services given, Veridian Hosting may assign unpaid late balances
to a collection agency for appropriate action. You agree to reimburse Veridian Hosting
for all expenses incurred to recover sums due, including attorneys’ fees and other
legal expenses, if legal action is necessary to collect payment on balances due.
b. In the event that the customer fails to pay for Services given,
Veridian Hosting may assign unpaid late balances to a collection agency for appropriate
action. You agree to reimburse Veridian Hosting for all expenses incurred to recover
sums due, including attorneys’ fees and other legal expenses, if legal action is
necessary to collect payment on balances due.
c. Price Adjustments.
To remain competitive, we occasionally make changes to our plans and pricing. To
have your plan updated to current offerings please contact our billing team. We
cannot go back and modify invoices that have already been paid but will be happy
to modify your plan for new invoices.
i.
To remain competitive,
we occasionally make changes to our plans and pricing for reasons that include,
but are not limited to, fluctuations in non-US Dollar denominated currencies, as
detailed in Section 7(b) below. Except for fluctuations in non-US Dollar denominated
currencies as detailed in Section 7(b) below, no price changes will be effective
without your consent in the middle of an initial term or any Renewal Term but prices
may change between Renewal Terms. All price changes will be reflected in the emailed
invoice sent to you.
ii.
The charges, which
may include an adjusted price, will be applied on the Due Date, as specified above.
YOU MUST CANCEL YOUR SUBSCRIPTION TO AVOID AN INVOICE TRIGGERING PAYMENT OF THE
ADJUSTED PRICE BEING PROCESSED FOR A RENEWAL TERM.
iii.
You may also opt
to change plans in the middle of a term or Renewal Term. We cannot go back and modify
invoices that have already been paid but will be happy to modify your plan, and
adjust prices for Services, for new invoices that have not yet been paid for any
Renewal Term.
d. Cancellation or Consent to Mid-Term Price Changes. In the event
a material change in our business or our supplier’s prices or services requires
us to alter our Services offering to you in the middle of the initial or Renewal
Term, we will provide you a notice specifying the proposed change(s) in reasonable
detail. In the event of such material change(s) to the Services, including but not
limited to a change to the duration of the then-current term, the scope or type
of Services being offered or the price for such Services, you will have thirty (30)
days from the date of such notice to either: (i) consent to the change(s) and accept
the altered terms for the Services from the date of your consent or (ii) allow the
Services to be terminated after the thirty (30) day period expires. If you do not
consent to the changes and accept the altered scope within the thirty (30) day time
period, you acknowledge and agree that Veridian Hosting may terminate the Services
before the end of the then-current term without further notice or consent.
4. Money Back Guarantee
a. Certain Hosting Services carry an unconditional thirty (30)
day satisfaction guarantee. To cancel your Hosting Services and receive a refund
of our fees, you must contact us via the Client Portal within thirty (30) days from
the Effective Date and a refund will be issued.
b. If you cancel thirty-one (31) to ninety (90) days from the Effective
Date, you will be issued a pro-rata refund of fees for Hosting Services based on
the unused portion of the Hosting Services left on your current subscription.
c. If you cancel after ninety (90) days from the Effective Date,
you are not entitled to any refund and any refund you do receive is at our sole
discretion.
d. Refund requests received after one hundred twenty (120) days
from the Effective Date will be issued via PayPal. Refunds are not offered for partial
months of service. Accounts that are terminated due to violations of our Policies
are not eligible for a refund.
e. All third party fees, including domain registration fees, setup
fees and migration fees, are non-refundable, non-negotiable and excluded from our
Money Back Guarantee. Further, SSL certificates have a Twenty Five (25) day refund
window from time of purchase.
For Managed WordPress plans that come with an included SSL certificate, any Money
Back Guarantee refund requests received after the Twenty Five (25) day SSL refund
window but still in the Money Back Guarantee window will have $5.00 held back from
any Money Back Guarantee refund.
For free domain registration promotions (.com, .net and .org), the retail price
of the domain $14.95 will be deducted from any refund amount upon cancellation.
You will retain the domain registration.
5. Refunds
Accounts that are terminated due to Terms
of Service violations are not eligible for a refund or any service credits. Domain
registrations, setup fees and migration fees are not refundable. Service credits
have no cash value and are extended at our discretion. Service credits expire at
the earlier of your account expiring, being terminated, or twenty-four (24) months
from the date it was issued.
a. All refunds are subject to the terms of service for any third
party payment processor and those terms take precedence over the terms in the TOS
and our Policies. In the event we are unable to refund any fees or charges via the
method of payment, we will use commercially reasonable efforts to return or credit
the appropriate funds to you.
b. If you paid us by credit card we will credit the card on file.
If you paid us by PayPal, we will take steps to refund the PayPal account. If you
paid us through another payment processor, we will take steps to refund the appropriate
fees through that payment processor. If the information we have on file for your
account is not up to date, your refund may not be completed. Refund requests of
payments made to Veridian Hosting by bank transfer, check or money order or after
one hundred twenty (120) days have passed on a credit card payment will be issued
via PayPal only. If you cannot accept PayPal payments, you will not be eligible
for a refund via other methods. Veridian Hosting is not responsible for fees deducted
from any refund processed by PayPal.
6. Service Credit Eligibility
a. Customers who at the time of the report of the claimed outage
are not current on their invoices for the Services do not qualify for service Credits
related to any outages.
b. Customers who have not paid their invoices on time more than
three times in the 12 months preceding the claimed outage are not eligible for service
credits.
c. In order to deliver a secure high performance hosting environment,
we utilize certain automated systems to limit malicious and resource-intensive activity.
In some instances, non-malicious activity can appear to be malicious and trigger
our systems, which may limit your ability to use our Services as set forth in Section
3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension
or termination of your account, in our sole discretion. In these situations, any
interruption, suspension or change in the availability of the Services will not
be considered downtime and will not be eligible for a service credit.
7. Payment Methods; Currencies
a. We accept payment via Visa, MasterCard, Discover, American Express,
JCB, Diner's Club, PayPal, Skrill, PayULatam (Argentina, Brazil, Colombia, Mexico,
Peru), UnionPay (for China-based customers), check, money order, and wire transfers.
By providing us with your account payment information, you give us consent to charge
you on the Due Date of any invoices linked to the account. Please see our invoice
for wire transfer banking information. Returned checks will incur a twenty-five
dollar ($25) fee per instance.
b. We accept US Dollar and limited non-USD currencies as found
on our website. All fees for Services are calculated in US Dollars and, whenever
possible, we will attempt to charge in the currency you select upon checkout unless
the payment gateway does not support the currency. In this case, the currency will
be converted to USD and charged in USD. Prices displayed in other currencies are
shown according to exchange rates posted that day but may differ from your final
rate given to you by your bank. Additionally, RATES ARE SUBJECT TO CHANGE, which
may result in increases or decreases in non-US Dollar denominated prices charged
for the Services. We will adjust renewal prices for non-USD customers based
on the current Services prices, using exchange rates posted the day invoices are
produced. Depending on your billing cycle, we may choose not to adjust the renewal
price for all invoices. Failure to adjust the renewal price does not waive our right
to adjust the renewal price for future invoices. Further, you may be subject to
additional fees or other charges assessed or imposed by the administrator of your
selected method of payment. Veridian Hosting is not responsible for these charges.
8. Charges for Account Upgrades, Downgrades
and Migrations
a. License. In connection
with any data migration, you hereby authorize Veridian Hosting to access your data
for data migration purposes. Before requesting Services that may require a data
migration to occur, you hereby agree to backup all of your data on both the source
and the target servers, as appropriate.
b. Upgrades.
When upgrading to a higher-priced hosting plan, we will migrate your account to
the new Service at no charge. The data center migration fee is also waived if you
choose to move to a new data center during the upgrade process. Upgrade requests
are processed and effective only after payment for the package price difference
is paid. If you would like to move to another data center without upgrading your
account, there is a twenty-five dollar ($25) migration fee.
c. Downgrades.
When downgrading to a lower-priced plan, the difference between the amount of the
current package price already paid over the new package price will be placed on
the billing account as a service credit. Refunds will not be issued and a twenty-five
dollar ($25) downgrade migration fee may be charged. Please contact the sales or
billing department if considering an upgrade or downgrade to determine what options
are suitable and to discuss pricing.
d. Migrations From Other Hosts. All migration-related work is included as a Service for purposes
of our Policies.
i.
All complementary
migrations require the user to provide cPanel account credentials for their previous
hosting environment. Clients who migrate from non cPanel hosting environments may
incur a charge determined by the migration team and assessed based on the complexity
of the migration.
ii.
Startup, Drive,
Turbo Boost and Turbo Max clients receive 1 (one) complimentary migration. If the
previous host does not provide cPanel access, a migration fee may be assessed.
iii.
Reseller Hosting,
Dedicated Hosting, and Managed VPS clients receive 25 (twenty five) complementary
cPanel account migrations. Any such migrations related to Veridian’s Shared Web
Hosting or Reseller Hosting Services are limited to thirty (30) gigabytes in size.
Migrations related to Veridian’s Shared Web Hosting or Reseller Hosting Services
that exceed thirty (30) gigabytes in size may be approved on a case-by-case basis
upon Veridian’s sole and absolute discretion. If the previous host does not provide
cPanel access or if you would like our team to migrate more than 25 (twenty five)
accounts, a migration fee may be assessed.
e. Other Migration Situations. Some clients have specific migration needs, depending on our
migration workload, we may be able to accommodate those needs. In these cases, you
may incur a charge determined by the migration team and assessed based on the complexity
of the migration and your specific needs.
9. Billing Errors; Chargebacks
a. If you discover an error on your invoice please notify us as
soon as possible by either calling or submitting a ticket to our Billing Department
at https:// veridianhosting.com/. We will honor invoice errors as long as
we are notified of them within ninety (90) days. If more than ninety (90) days have
elapsed we may decline the refund request. If a refund is in order it will go onto
your account as a service credit to be used on a future invoice. Service credits
have no cash value.
b. If at any time you have questions or concerns regarding a charge
from Veridian Hosting, please contact us at 1-888-LINUX-HOST (1-888-546-8946) or
1-734-222-4678 or submit a ticket at https:// veridianhosting.com. Any received
chargebacks will incur a fifty dollar ($50) investigation fee on the associated
billing account and all services will be immediately suspended pending investigation.
Veridian Hosting may reject the future use of payment methods from an account for
which a chargeback has been previously issued. Upon receipt of a chargeback or payment
reversal, the account related to the payment may be suspended or terminated.
10. VAT Tax
Canary Island (Las Palmas), Spain residents
are considered “tax exempt” and are not charged a VAT Tax.
11. Feedback
You have no obligation to provide us any
suggestions, enhancement requests, recommendations, or other feedback regarding
our products and services ("Feedback"). To the extent you provide us with
any Feedback, we may use and include the Feedback in our products and services without
restriction or payment.
Privacy Policy
1. Parties
This is Veridian Hosting, LLC.’s (“Veridian
Hosting”, “we”, or “our”) Privacy Policy. This Privacy Policy discusses the ways
in which we collect, use, maintain and disclose information collected by us from
our customers, visitors to our websites, and, in some cases, visitors to our customer’s
websites (“Users”). Capitalized terms used but not defined in this policy have the
meaning given to them in our Terms of Services.
2. Purpose
The nature of internet business requires
us to collect information from Users. While this policy is entitled a “privacy policy,”
it discusses all of the ways in which we use information collected directly or indirectly
from our Users, including personally-identifiable information gathered by us (“PI”)
and other anonymous information (“AI”) (collectively, “Information”). Information
transmitted, collected, processed or which is otherwise provided to us by Users
is not necessarily considered by us to be private. Please review this Privacy Policy
carefully to determine how we treat this information.
3. Acceptance of the Policy
You accept this Privacy Policy by using
our website (referred to herein as the “Site”), placing an order for Services (as
defined in the Terms of Service) with us or joining our email list.
4. Changes to Policy
If we make a change to this Policy that,
in our sole discretion, is material, we will notify you by email, post a notice
of such changes on the Site or flag our Privacy Policy on the Site as updated. You
agree to our use of electronic communications with you for purposes of this Policy.
If you do not agree to the changes to this Policy, we will continue to maintain
and use PI previously collected in accordance with the Policy in force as of that
date.
5. Information that we Collect; Use of
Information.
a. Generally. We may use PI as required or permitted by law, including
in response to service of legal process (court order, summons, subpoena, and the
like). We may disclose PI to law enforcement or regulatory authorities as part of
an investigation into activity at the Site (such as a suspected breach). We shall
use commercially reasonable measures to limit disclosure and use of such PI. We
may use PI in connection with the establishment or defense of legal claims. Any
information sent to us will not be deemed to be confidential, and may be shared
by us with any other individual or entity, regardless of whether you mark it confidential.
b. Information contained in your customer record. Users who are our customers provide us with their name, address,
phone number, user name, credit/debit card or bank information and other personally
identifiable or confidential information and other information we require to provide
Service to them. We may also acquire information about customers from third parties
such as credit reporting agencies, as well as collect information about our customers’
use of the Services. This information may be linked to the information provided
to us by our customers to create an administrative record and is referred to as
“Registration and Billing Information”.
c. User inquiries.
Users who contact us with questions may be required to give us additional information
to assist us in resolving their questions, or to assist us in our business (“User
Inquiry Information”).
d. Anonymous Information.
We collect anonymous information (AI) regarding your use of the Site, such as computer-related
information (browser type you used, your Internet Protocol address, last URL visited,
and the date and time of day of your login). We send a “cookie” or “pixel tag” to
your computer which contains an identification number that is unique to the computer
you are using. You may decline to provide such information to us and/or refuse cookies
in your browser, although some of our features or services may not function properly
as a result, and some services may not be available. We use this information to
enhance the experience of using the Site, to tailor our Site to its visitors, to
understand how our Site is used, to investigate and verify proper conduct at the
Site, and to monitor the security and integrity of the Site.
e. Third Party Agents –
Access to and Use of PI. We may contract with third parties to assist us in our
business, including providing certain Services, hosting of the Site, hosting of
data (including PI and AI), promotional services, authorization and processing of
payments, fulfillment of product orders and processing of returns. Such third parties
shall agree with us in writing to maintain your privacy at least with the level
of protection set forth in this Privacy Policy.
f.
Unrelated Third
Party Links and Information. Our Site contains
links to other websites or other information and materials provided by third parties
(by way of example, links to third party social media websites). We do not own or
control such other websites or third parties and are not responsible for the information
provided at those websites or in such materials. We do not control, and are not
responsible for, their privacy policies or the information collected at such third
party websites.
g. Customer Inquiries.
We use customer inquiry information to identify Users personally. It is used throughout
our business to provide services to Users, and to market new products and services
to Users. Customer inquiry information is shared with third parties in the following
circumstances: to identify and fix problems with the Services when we are not capable
of doing so ourselves. Providers of third party products may require us to provide
them with customer inquiry information. When Customer Inquiry Information is shared
with third parties in these circumstances, the third parties are required to keep
this information confidential. Further, entities that provide products to us may
have privacy policies that differ from ours. We will be happy to provide you with
the names of those businesses that provide Services through us to you, and links
to their privacy policies, on your request.
h. Information about Children. We do not knowingly collect personally identifiable information
from children under the age of 13. If a parent or guardian believes that their child
under the age of 13 has provided us with personally identifiable information, they
should contact us.
Other
than in response to a lawful request by public authorities, Veridian Hosting only
shares your personal information with third parties who are acting as Veridian Hosting’s
agents or subcontractors and only uses your personal information for the purposes
stated herein (or other purposes stated at the time of collection). Should Veridian
Hosting’s practices with respect to processing or use of personal information change,
Veridian Hosting will provide you with notice (either by means of an amendment to
this Privacy Policy or otherwise) and provide you with an opportunity to opt out.
6. Your Access to and Ability to Change
PI
You may request access, updating and corrections
of inaccuracies in your PI by contacting us as set out below. For security purposes,
we may request PI from you in connection with such access. You may also: (i) modify
your information through your control panel in your account, or (ii) ask that information
regarding your inquiries be deleted by contacting us through our contact form at
https://veridianhosting.com/contact/.
7. Deleting and Retention of PI
You may request that we delete your PI,
and we shall attempt to accommodate such requests. However, we may retain and use
PI for such periods of time as required or permitted by law or best business practices.
8. Security
We have implemented technical, physical
and administrative safeguards designed to protect PI against loss and against unauthorized
access, use, and disclosure. Passwords are stored on our server in encrypted form.
We have personal information retention processes designed to retain personal information
as necessary for the purposes stated above or to otherwise meet legal requirements.
Unless this Privacy Policy states otherwise, our employees are required to keep
the information set out here confidential.
California Privacy Rights
If you are a resident of the State of California
and you have provided your personal information to us, you have the right to request
a list of all third parties to which we have disclosed your personal information
for direct marketing purposes. If you exercise your right to submit such a request
to us, we will send you the following information:
·
The categories
of information we have disclosed to any third party for any third party’s direct
marketing purposes during the preceding year; and
·
The names and
addresses of third parties that received such information, or if the nature of their
business cannot be determined from the name, then examples of the products or services
marketed.
You may make such a request by contacting
us in writing by postal mail or via the email address provided at the end of this
Privacy Notice under the heading “Contact Information” with a preference on how
our response to your request should be sent.
California law also requires that we disclose
how we respond to “do-not-track requests” from our users. At this time, we do not
currently respond to “do-not-track” requests from our users’ browsers.
HIPAA (The Health Insurance Portability
And Accountability Act)
HIPPA does not apply to the service we
provide. We are not a “Covered Entity” or a “Business Associate” as those terms
are defined by HIPAA. As HIPAA does not apply, our service does not need to and
may not meet the standards set forth in HIPAA. Accordingly, using the service should
not be used submit, store, or disclose information that would be subject to HIPAA
in a manner that is compliant with HIPAA and its requirements.
Testimonials
Pursuant to our Terms of Service, you may
provide us with an Endorsement in connection with your use of the Services. We may,
at our discretion, use the Endorsement to promote our Services as specified in our
Terms of Service. In connection with our use of your Endorsement, you hereby agree
that we may use your first name, last initial, home state, voice or likeness, and/or
contact information in connection with its publication of the Endorsement. If, at
any time, you want us to stop using your Endorsement, please contact us using the
contact information in Section 18 of our Terms of Service and we will cease using
the Endorsement soon after processing your request.
Privacy Complaints by European Union and
Swiss Citizens
A. Veridian Hosting is subject to the investigatory and enforcement
powers of the Federal Trade Commission.
B. Veridian Hosting, LLC. complies with the EU-U.S. Data Privacy
Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF)
as set forth by the U.S. Department of Commerce. Veridian Hosting, LLC. has certified
to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework
Principles (EU-U.S. DPF Principles) with regard to the processing of personal data
received from the European Union in reliance on the EU-U.S. DPF. Veridian Hosting,
LLC. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S.
Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the
processing of personal data received from Switzerland in reliance on the Swiss-U.S.
DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S.
DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.
To learn more about the Data Privacy Framework (DPF) program, and to view our certification,
please visit https://www.dataprivacyframework.gov.
C. Among other things, the EU-U.S. DPF and Swiss-U.S. DPF describe
our obligations with respect to personal information that we transfer to third parties
as described in this Privacy Policy. Veridian Hosting remains responsible and liable
as provided in the Principles if the third party processes the personal information
in a manner that is not consistent with the Principles, unless Veridian Hosting
proves that it is not responsible for the event giving rise to the damage.
D. If we transfer your PI to third parties, we will remain responsible
and liable to you if the third party processes your PI in violation of the Principles,
unless we prove we were not responsible for the event giving rise to the damage.
E. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Veridian
Hosting, LLC. commits to resolve DPF Principles-related complaints about our collection
and use of your personal information. EU and Swiss individuals with inquiries or
complaints regarding our handling of personal data received in reliance on the EU-U.S.
DPF and the Swiss-U.S. DPF should first contact Veridian Hosting, LLC. at:
Mail:
Veridian Hosting, LLC.
Attn: Privacy Policy
P.O. Box 6507
Toledo, OH 43612
USA
Web: https://veridianhosting.com/contact/
Please note that if your complaint is not resolved through these channels, under
limited circumstances, a binding arbitration option may be available.
F. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Veridian
Hosting has further committed to refer unresolved privacy complaints to a non-profit
alternative dispute resolution provider located in the United States and operated
by the Council of Better Business Bureaus. If you do not receive timely acknowledgment
of your complaint, or if your complaint is not satisfactorily addressed, please
visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ more information and
to file a complaint.
G.
In compliance
with the EU-U.S. DPF and the Swiss-U.S. DPF, Veridian Hosting, LLC. commits to cooperate
and comply, respectively, with the advice of the panel established by the EU data
protection authorities (DPAs) and the Swiss Federal Data Protection and Information
Commissioner (FDPIC) with regard to unresolved complaints concerning our handling
of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF.