The Terms of Service and Acceptable Use Policy applies to you ("the customer") if you have ordered any shared hosting services (the "Services") from iVersit, LLC ("IVERSIT").
IVERSIT is a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on IVERSIT's servers.

1. USER CONDUCT

IVERSIT's services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to IVERSIT, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not:
A.Restrict or inhibit any other user from using and enjoying the Internet;
B.Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
C.Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
D.Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

2. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless IVERSIT from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, IVERSIT, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

3. REFUSAL OR DISCONTINUANCE OF SERVICE

IVERSIT reserves the right to refuse or discontinue service to anyone at our sole discretion. IVERSIT may deny you access to all or part of the service without notice if you engage in any conduct or activities that IVERSIT in its sole discretion believes violates any of the terms and conditions in this agreement. IVERSIT shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that IVERSIT has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. IVERSIT reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. NO WARRANTIES OR GUARANTEES

IVERSIT makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by IVERSIT or its agents or employees shall create a warranty. IVERSIT provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall IVERSIT be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with IVERSIT service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

With the aforementioned notwithstanding, IVERSIT provides the following Service Level Agreement:

As used herein, the term "Service Availability" refers to the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by via HTTP as measured by IVERSIT.

Service Level Guarantee
Our goal is to achieve 100% Service Availability for all shared hosting customers each and every month.

Remedy
Subject to the provisions below, if the Service Availability of the customer's web site is less than 99.99%, IVERSIT will issue a credit to the customer in accordance with the following schedule:

Service Availability Credit Percentage
99.99% to 100% - NO CREDIT
99.98% or below - 100% Credit (Limited to one month of current monthly charge)

Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

circumstances beyond IVERSIT's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of IVERSIT;
issues with FTP, POP, IMAP, or SMTP customer access;
customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of IVERSIT Terms of Service;
e-mail or webmail delivery and transmission;
DNS (Domain Name Server) Propagation;
outages elsewhere on the Internet that hinder access to your account. IVERSIT is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.

Credit Request and Settlement Procedure
In order to receive a credit, the customer must make a request by sending an email message to credits@hostmg.com. Each request in connection with this SLA must include customer's account number (per IVERSIT's invoice) and the dates and times of the unavailability of the customer's Web site and must be received by IVERSIT within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by IVERSIT, credits will be applied within two billing cycles after IVERSIT's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are the customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of the customer's web site.


You understand that by placing information on IVERSIT servers that such information becomes available to all Internet users and that IVERSIT has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of IVERSIT servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through IVERSIT or on the Internet generally.

5. IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply IVERSIT with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

6. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by IVERSIT, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at IVERSIT. You agree to abide by any and all future policy decisions.

7. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify IVERSIT immediately in writing by mail to IVERSIT, P.O. Box 2107, West Lafayette, IN 47996-2107. You shall be held fully responsible for any misuse or compromise to your account for which IVERSIT is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, IVERSIT has the right to suspend access to the account pending an investigation and resolution. You also agree that IVERSIT has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

8. DATA BACKUP

Your use of the service is at your sole risk. IVERSIT is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IVERSIT servers.

9. DATA TRANSMISSION

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of IVERSIT or any other service with reference to services obtained through IVERSIT, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and will cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, IVERSIT, or any other party or parties resulting from any such conduct, including, but not limited to, a $500 penalty.

10. CPU USAGE

Customer agrees that the customer shall not use excessive amounts of CPU processing on any of IVERSIT's servers. Any violation of this policy may result in corrective action by IVERSIT, including assessment of additional charges, and disconnection or discontinuance of any and all Services; which actions may be taken is at the sole and absolute discretion of IVERSIT. If IVERSIT takes any corrective action under this section, the customer shall not be entitled to a refund of any fees paid in advance prior to such action.

11. PAYMENT

You agree to supply appropriate payment for the services received from IVERSIT, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify IVERSIT of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that IVERSIT may apply the amount due to the provided card at any time.

12. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with IVERSIT or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

14. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable laws of the State of Indiana and the United States of America. Customer agrees that all services provided by IVERSIT shall be deemed to have been requested and provided in Tippecanoe County, Indiana. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

15. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on IVERSIT's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.