The spirit of the Terms Of Service ("TOS") is to ensure customers are using Viridio's services with due regard to the rights of other Internet users and in conformity with the requirements of Viridio's network environment. The TOS are not exhaustive and Viridio reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.viridio.net or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to abuse@viridio.net. This TOS supersedes any other agreement with Viridio, whether written, oral, by conduct, or otherwise.

A. Web Hosting & Ecommerce Customer Restrictions

B. Dedicated Server, VPS/Cloud Customer Restrictions

C. Co-Locate Server Customer Restrictions

D. MyGreenMailingList ANTI-SPAM Policy

E. Website Design/Website Re-Design Billing Policy

F. All Customers' of Viridio,  Billing Policy

G. All Customers' of Viridio, Terms Of Service

H. All Customers' of Viridio, Domain Registration/Transfer Terms Of Service

Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources), as measured by Viridio, will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server or VPS plan. Viridio will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your site is shut down, you will not be eligible for the uptime agreement.

Spamming
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Viridio's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Viridio server, or selling and/or distributing software (on a Web site residing on a Viridio server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of $200 and will face immediate suspension. Viridio reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Mailing Lists and/or High Volumes Of E-mail
Any Web site that sends out a high amount of e-mails (more then 5000 per month), as measured by Viridio, to networks outside of Viridio's network will be given the option to either pay additional fees by moving their mailing list to our mailing list software, reduce the amount of e-mails sent to an acceptable level, or upgrade its service to a Dedicated Server plan. Viridio will be the sole arbiter of what is considered to be a high e-mail sending usage. Any Web Hosting and E-commerce account deemed to be adversely affecting SMTP e-mail sending server performance or e-mail sending integrity will be either have e-mails deleted, access denied, suspended, and/or shut down without prior notice. If your site is shut down, you will not be eligible for the uptime agreement.

Scripts
Any scripts, in any programming language that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Viridio does not permit CGI scripts hosted by Viridio or any scripts that may be abused for UCE purposes.

Chat Rooms
Viridio does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. If you require this, then you will need to purchase a dedicated server or VPS.

Background Running Programs
Viridio may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers might incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Viridio at support@viridio.net so that we can arrange set-up.

IRC
Viridio does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Other
Viridio does not allow you to: run any bit torrent application, tracker, or client; Use 75% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc; Run any gaming servers such as counter-strike, half-life, battlefield, etc; Participate in any file-sharing/peer-to-peer activities; Run cron entries with intervals of less than 10 minutes or a cron job that last more then 5 minutes.

Software Distribution
Viridio's Web Hosting accounts by default are NOT configured for the purposes of distributing software and/or multimedia products, but can be used for such purposes when configured by the client. Ecommerce accounts ARE configured on plans that allow for electronic downloads for the purposes of distributing software and/or multimedia products. You can install any ecommerce software on your web hosting account you wish, but it is not supported by Viridio.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Viridio Web Hosting and Ecommerce accounts can be used for the purposes of distributing and storing unusual amounts of multimedia files as long as the space of your web hosting plan has not been exceed.

Databases
Any database stored on Viridio's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account except for access databases. Any accounts with databases that exceed the database limits may be charged extra.

Solar Site Designer Free
1. Clients will not use a fully qualified domain with this service. (Example: mydomain.com)
2. Solar Site Designer Free requires you to create a subdomain with the mysolarhost.net domain. (Example: yourwebsitename.mysolarhost.net)
3. Breach of these terms and conditions for Solar Site Designer Free service will result in immediate termination.
4. Viridio is not responsible for any issues, loss of business and/or fees arising from breach of these terms and conditions.

E-commerce Store Plans
All Viridio Ecommerce Store Web Hosting Plans have included e-commerce software that is owned by a third party. The Ecommerce technology is included and is given to you with only rights to use the software until your account is cancelled. This right does not give you any ownership to the software, source code, store design/look and/or store data. Customer agrees and acknowledges that any software or applications that are provided as a part of the Viridio Ecommerce Store Services may include errors or bugs that may result in erroneous information, including but not limited to, computations and calculations, for the Customer. Customer agrees that Viridio is not responsible or liable for any errors, bugs, malfunctions, or incomplete or erroneous information that may result from Customer’s use of Viridio Ecommerce Store Services or from any related software or applications that are provided by Viridio or a third party. Customer agrees and acknowledges that any tax computation(s) that Customer generates or requests from Viridio Ecommerce Store Services may not be reliable and Customer should therefore always use a third party professional to calculate any and all taxes. Customers expressly agrees that Viridio is not responsible or liable in any way to the Customer for the accuracy of any tax computation or calculation of any kind that the Customer performs using Viridio Ecommerce Store Services, any related software or applications. This Agreement does not transfer from Vridio to You any Viridio developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Viridio and any Third Parties. The customer agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Viridio. You agree not to access the Service by any means other than through the interface that is provided or authorized by Viridio for use in accessing the Service. You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by Viridio without Viridio's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Viridio does not commit to support any particular browsing platform. Viridio reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service. You can use the Service to facilitate the creation and maintenance of an interactive online store ("Store") for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password. Certain Stores may be subject to additional requirements. You agree to display in Your Store Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete. Viridio reserves the right to terminate Your Service, or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; or (b) has become the subject of a government complaint or investigation. Additionally, Viridio reserves the right to review and remove any Store at any time for non-compliance with any of the Terms within the Terms Of Service. Upon signing up for an e-commerce store plan you agree to these Terms Of Service.

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under the customer’s control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

IRC
Viridio allows Dedicated Server, VPS and Cloud customers the use of IRC inside the Viridio network as long as the use of IRC on a Viridio server does not violate any of the other terms of these TOS. As a policy, Viridio will not provide vanity IRC reverse DNS records. To enforce this policy Viridio does not turn the reverse address of IPs over to the customer. Authority over this information remains with Viridio.

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Your Obligation
You represent and warrant to Viridio that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Viridio shall not be used in connection with any illegal activity.

You are responsible for ensuring that there is no excessive overloading of Viridio's DNS system when using our DNS, or servers. In the event that You exceed Your allotted bandwidth and thereby overload Viridio's DNS, network or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Viridio's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Viridio reserves the right to remove dedicated servers that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Dedicated Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Viridio has the right to remove Your server content temporarily or permanently from its dedicated servers, and/or reduce and/or restrict network and/or server resources, if Viridio is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any of the Dedicated, VPS, and Cloud Services, which includes, without limitation, use of the Dedicated, VPS and Cloud Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Viridio to be in conflict with the spirit or intent of this Agreement or any Viridio policy; or (ix) use Your server as an “open relay” or similar purposes.

You acknowledge and agree that Viridio has the right to remove Your server content temporarily or permanently from its dedicated servers if your account becomes 30 days or more past due. You acknowledge that Viridio at it’s sole discretion has the right to turn off your Dedicated Server (s) for non payment of Dedicated Server fees when such fees are 30 days past due. You acknowledge that Viridio does NOT have to allow access to a Dedicated Server(s), VPS, Cloud Service, ftp, website, email, source code, pictures, videos or any other file located on a Viridio Dedicated Server, VPS and Cloud Services until payment is received in full. You acknowledge that you agree with the all of the terms and agreement of item B, Viridio Dedicated Server, VPS and Cloud Services Customer Restrictions.

We require you to login to your customer control panel, go to the service in question you want to cancel and click the request cancellation link. You can then choose to cancel that day or at the end of your current billing period.

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under the customer’s control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

IRC
Viridio allows Co-Locate Server customers the use of IRC inside the Viridio network as long as the use of IRC on a Viridio server does not violate any of the other terms of these TOS. As a policy, IF Viridio is providing DNS services to the Co-Locate Server customer, Viridio will not provide vanity IRC reverse DNS records. To enforce this policy  Viridio does not turn the reverse address of IPs over to the customer. Authority over this information remains with Viridio .

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

You represent and warrant to Viridio that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server, its content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server. You also represent and warrant that the server being hosted by Viridio shall not be used in connection with any illegal activity.

You are responsible for ensuring that there is no excessive overloading of Viridio's DNS system, if Viridio is providing DNS services, or servers. In the event that You exceed Your allotted bandwidth and thereby overload Viridio's DNS, if Viridio is providing DNS services, or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Viridio's servers and Your Co-Locate Server as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Viridio reserves the right to remove servers that contain information about hacking or links to such information. Use of your server as an anonymous gateway is prohibited, as is Your use of the Co-Locate Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Viridio has the right to remove Your server temporarily or permanently from its network, and/or reduce and/or restrict network and/or server resources, if Viridio is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any of the Co-Locate Services, which includes, without limitation, use of the Co-Locate Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) any type of crypto-mining in which the client will incur and cover for any damages and/or extra fees caused by crypto-mining or anything related any time of mining; (ix) engage in any other activity deemed by Viridio to be in conflict with the spirit or intent of this Agreement or any Viridio policy; or (x) use Your server as an “open relay” or similar purposes.

You acknowledge and agree that Viridio has the right to remove Your server temporarily or permanently from its network if your account becomes 30 days or more past due. You acknowledge that Viridio at it’s sole discretion has the right to turn off your Co-Locate Server(s) for non payment of Co-Locate Server fees when such fees are 30 days past due. You acknowledge that Viridio does NOT have to allow access to your Co-Locate Server(s) located on the Viridio network until payment is received in full. You acknowledge that you agree with the all of the terms and agreement of item C, Viridio Co-Locate Server Customer Restrictions.

What is Spam?
Spam is unsolicited e-mail also known as UCE (Unsolicited Commercial Email). By sending e-mail to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Pre-existing business relationship?
The recipient of your e-mail has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?
The recipient of your e-mail has been clearly and fully notified of the collection and use of his e-mail address and has consented prior to such collection and use. This is often called informed consent.

Isn’t there a law against sending Spam?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial e-mail and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

Viridio's MyGreenMailingList is a permission-based e-mail-marketing tool that follows the strictest permission-based philosophies:– Communication – Your MyGreenMailingList registration page already states why you are collecting the site visitor’s e-mail address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to use only permission-based lists and never to sell or rent your e-mail lists or e-mail addresses.– Verification – MyGreenMailingList automatically sends all of your new subscribers an e-mail confirming their interest in receiving e-mails from you. Additionally, if your subscriber changes his or her interests or unsubscribes, AISO automatically sends an e-mail confirmation.– Unsubscribe – Every e-mail generated from MyGreenMailingList must contain an unsubscribe link which allows your subscribers to opt-out of future e-mail campaigns and automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.– Identification – Your e-mail header information is correct because it is pre-set in your configuration. Your e-mail campaign’s “From” address is verified and already accurately identifies you as the sender.– Contact Information – all of your e-mails are pre-filled with your contact information including your physical address.

1. Are you importing a purchased list of ANY kind?

2. Are you sending to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.

3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of e-mail addresses?

4. Does your e-mail’s subject line contain false or misleading information?

5. Have you falsified your originating address or transmission path information?

6. Have you used a third party e-mail address or domain name without their permission?

7. Are you mailing to anyone who has not explicitly agreed to join your mailing list?

8. Does your e-mail fail to provide a working link to unsubscribe?9. Are you failing to process any unsubscribe requests that come to you via a reply to your e-mail within 10 days of the request?

If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email.

When you contact Viridio to do design or re-design with our Basic Design Package using our Viridio Site Builder, a 50% deposit is required. If you choose to pay by check then payment must be received within 7 days at our Romoland, CA office. If payment is not received within 7 days then you hereby authorize Viridio to charge your credit or bank debt card that is on file. This credit or bank debt card is usually the same card you have authorized for Monthly, Quarterly, Semi-Annual or Annual payment to Viridio for your website hosting, e-mail, dedicated server and/or co-location service fees. This credit or bank debt card will then be charged the required 50% deposit fee.

When you contract with Viridio to design your website, you agree to the terms and conditions posted herein. If you do not agree with the terms and conditions then you need to use another design firm to handle your work. You also agree and authorize Viridio to charge such design or re-design fees to your credit card or bank debt card, not limited to the deposit but also the balance due after the job is complete. All deposits and design fees are non-refundable.

Viridio Services
Viridio's services include, but are not limited to: 1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Viridio provides to customers); 2. any use by customers, or any access provided to customers by Viridio, of computing, telecommunications, software, information, hardware, and equipment; 3. any act, or provision of any service, by Viridio to customers, related to Web hosting, virtual desktops, domain name registrations and domain name transfers (including server usage and technical support), regardless of duration and whether paid for or not; 4. any provision by Viridio to customers, of any space, Internet connectivity, or electrical power; 5. any access or use related to the Viridio's Web site, including the Web site itself; 6. any other service mentioned in the TOU; 7. any other service provided by Viridio to customers, whether used or not; 8. any other Viridio services that are used by customers, whether offered or provided by Viridio to customers.

Domain Name Renewal And Expiration
Viridio makes every reasonable effort to make sure you know your domain name registration is coming due. We do NOT pick up the phone and call clients and we do not try and track clients down to let them know their domain name registration is expiring. It is solely the responsibility of the client to ensure that all the information is up to date on their domain name registration and in our client area. If the client does not know their login info to manage and update their domain name registration in our client area, then they can call or e-mail support and we will gladly provide the information via a password forgot email. Our registration system is provided by Tucows and our control panel client area will notify you by e-mail when the domain name is coming due. You need to keep our client area information up to date. If you don’t, then the system can’t send you emails to notify you your registration is expiring. Your website and email will be off the internet once the domain name expires and you could potentially loose business. If you don’t receive a renewal message then it is most likely caused by not having the correct email address in the domain name registration system or the message is caught by your spam filter. It is extremely important that you keep this information up to date to avoid any interruption of service. If a domain name is expired and you want to renew the domain name simply call Viridio and ask for the domain name registration department or email them. If the domain name is expired more than 40 days then the name goes into redemption period by the registrar. They require a substantial amount of money to pull the name out of redemption, the amount is listed below in Section H. Viridio is NOT in any way responsible for clients that let their domain name(s) expire.

Ownership of Web Site
The legal owner of customers’ Web sites and accounts with Viridio will be the individual or organization whose name is listed in Viridio's database as the owner. Customers will fully cooperate with and abide by any and all of Viridio's security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Viridio.

Illegal Use
Viridio servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Viridio services, all Viridio customers certify that they and/or the organization they represent in procuring services from Viridio are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Viridio's customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Viridio server, and selling or distributing software (on a Web site residing on a Viridio server) that facilitates spamming. Violators may be assessed a non-refundable minimum fine of $200 US and may face immediate suspension. Viridio reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system and/or network security are prohibited and may result in criminal and civil liability, and/or reduction and/or restriction of network or server resources. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible to report any weakness you discover in the security of Viridio's computing resources to Viridio. You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with Viridio's resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact Viridio for authority to act and for further instruction.

Viruses and Other Destructive Activities
Use of Viridio's services or equipment for creating or sending Internet viruses, worms, trojan horses, malware, phishing, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Viridio's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Viridio customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a AISO customer (per the DMCA) to Viridio must follow the below procedures. Copyright infringement notifications submitted to Viridio according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Viridio's sole discretion.

DMCA Copyright Infringement Notification Requirements

• Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).

• Identification of the copyrighted work(s) claimed to have been infringed.

• Identification of the material claimed to infringe the copyright(s), and enough information for AISO to locate it including URLs and specific descriptions of the infringing material at each URL.

• The Claimant’s name, address, and telephone number(s).

• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

• Mail the notification to:

Viridio
Legal Department – DMCA Complaints
25655 Louisa Lane
Romoland, CA 92585 USA
abuse@viridio.net

Adult Content
Pornography and sex-related merchandising are prohibited on Viridio servers, unless approved directly by Viridio. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography
The use of Viridio's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Viridio is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
Viridio is concerned with the privacy of online communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Viridio urges its customers to assume that all of their online communications are insecure. Viridio has taken every step in securing its servers and network, although we cannot take any responsibility for the security of information transmitted over Viridio's facilities. Additional details on privacy and Viridio's use of customer information can be found in Viridio's Privacy Policy located on this website.

Customer Responsibility
Customers are required to use the Viridio network and/or servers responsibly. This includes respecting the other customers of Viridio. Viridio reserves the right to suspend and/or cancel service with any customer who uses the Viridio network in such a way that adversely affects other Viridio customers or other users on the Internet. While Viridio may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Viridio does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Viridio becomes aware of any violation of the TOS or other user agreements, Viridio may take any action to stop or correct such violation, including, but not limited to, denying access to Viridio's services and equipment or to the Internet. In addition, Viridio may take action against a customer or a customer of such customer because of the activities of such customer. Viridio anticipates that customers who offer Internet services will cooperate with Viridio in any corrective or preventive action that Viridio deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Viridio policy and Viridio reserves the right to take any such action even though such action may affect other customers of the Viridio customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account. You are responsible to report any weakness you discover in the security of Viridio computing resources to Viridio.

Actions Taken by Viridio
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Viridio will be the sole arbiter as to what constitutes a violation of the TOS. Viridio reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Viridio becomes aware of an alleged violation of its TOS, Viridio will initiate an investigation. During the investigation, Viridio may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Viridio may, at its sole discretion, restrict, suspend, or terminate a customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, Viridio will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Viridio does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Viridio. Websites found in violation of this TOS policy are subject to account termination without notice and any refunds are void. Violations of system or network security are prohibited and may result in criminal and civil liability.

Indemnification
Viridio customers agree to protect, defend, hold harmless, and indemnify Viridio, any third party entity related to Viridio (including, without limitation, third party vendors), and Viridio's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Viridio, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Viridio's services.

Disclaimer
The Viridio service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Viridio expressly disclaims any representation or warranty that the Viridio service will be error-free, secure or uninterrupted. No oral advice or written information given by Viridio, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Viridio and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Viridio may immediately terminate provision of Viridio's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Virido in such event.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL AISO (INCLUDING, WITHOUT LIMITATION, AISO’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS AISO, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AISO’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR AISO SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY AISO SERVICES EVEN IF AISO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AISO’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR AISO’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY AISO OR AISO’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
Viridio may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, service, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Viridio's services. Certain changes to Viridio's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Viridio is not liable, for any and all such personalized applications and content, except as expressly agreed to by Viridio.

Backup of Data
Except where Viridio has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Viridio is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Viridio services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. Viridio assumes no responsibility for lost or corrupted software or data.

Third Party Licenses
Viridio makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Viridio makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Viridio specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Viridio liable in any way for the revocation of any license, which has been licensed to Viridio. The use of the Technologies obtained from or through Viridio, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Viridio Products
Any mention of non-Viridio products by Viridio, its employees, or any third party entity related to Viridio is for information purposes only and does not constitute an endorsement or recommendation by Viridio. Viridio disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Viridio products or services.

Viridio's Intellectual Property
Customers will not, without Viridio's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Viridio's Web site, Viridio related documents, media, and/or publishing’s; and customers will not use any of Viridio's trademarks, service marks, copyrighted materials, or other intellectual property without Viridio's express written consent. Customers will not, in any way, misrepresent their relationship with Viridio, attempt to pass themselves off as Viridio, or claim that customers are Viridio.

Assignment
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Viridio's services, either in whole or in part, without the prior written consent of Viridio.

Minimum Age Requirement
Viridio customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a Viridio customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Viridio services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Viridio's express written consent to the contrary. Any acceptance of the TOS or any other agreement for Viridio's services will be deemed null and void to the extent that Viridio will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Viridio's services.

Governing Law and Severability
The TOS, and any other agreement for Viridio services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Viridio will take place in California, County of Riverside and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Viridio agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Force Majeure
Viridio will not be liable for delays in its performance of the TOS or Viridio services caused by circumstances beyond Viridio's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Viridio will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Viridio services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Viridio.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Viridio and its customers. Each of Viridio and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Viridio services, constitutes the complete understanding and agreement between Viridio and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Viridio, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Viridio services is between Viridio and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Viridio.

If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domains shall be renewed at the same price as new registrations. The current domain registration or transfer pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via e-mail to the address stored in your client area. Cancellation of domain renewals must be done in the control panel using the Disable Auto Renew button using the instructions provided in the Cancellation section of this TOS. New domain registrations have a grace period for refunds, domain renewals have no grace period and offer no refunds. Domain deletions/refunds are available to help remove new registrations made in error. A refund may be issued for new gTLD domain registrations only if the domain is deleted/cancelled (by contacting our billing department at billing@viridio.net) within four days of registration. A small processing fee is applied to the domain refund. Domain renewals cannot be reversed. Once the renewal order is received by our system, it is immediately applied at the registry level. We have no way to retrieve money from the registry for domain years purchased through renewals, so we are unable to refund anyone who renews a domain name in error. Should an expired domain enter the redemption period, the cost of restoring the domain varies and can incur a redemption fee of up to $350. Redemption fees can change at any time and without notice. We will send you e-mail non-payment notices that your invoice was not paid for your domain registration.

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Trademarks
Viridio's company, brand and product identifiers are trademarks or registered trademarks of Viridio. All Rights Reserved.

These trademarked terms must be identified as trademarks of Viridio using the appropriate symbol (® or ™) at the first occurrence in any published communications, printed or electronic, including advertising, promotions, packaging, technical documentation, sales and marketing collateral, and product labels. In addition, the terms must also be listed, identified and attributed as the property of Viridio.

If you have questions regarding the use and identification of Viridio trademarks, please contact Viridio's Support department at support@viridio.net.All contents of this web site are Copyright © Viridio. All Rights Reserved. No portion of this Web Site may be reproduced, copied, and/or used in any form without prior written permission.

Viridio, Viridio.net, the Viridio logo and the slogan “Web Hosting As Nature Intended” are trademarks and/or registered trademarks of Viridio, previously known as Affordable Internet Services Online, Inc. (AISO). Other trademarks, registered trademarks, brands, services and product names are the properties of their respective owners.