Acceptable Use Policy

This Acceptable Use Policy sets forth the terms and conditions of your use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to you or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to Velcom.com as well as its subsidiaries and sister companies (collectively "Velcom"). This Agreement explains our obligations to You, and explains your obligations to us for various services offered by Velcom. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Velcom service(s) or products or to cancel Your Velcom service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

1. Sharing of Information. As a condition of purchasing and using "Dedicated Server" plans, You acknowledge and agree that Velcom may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (i) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and to participate in polls and surveys; and (ii) Information Velcom gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to users' needs and to help our advertisers and sponsors better understand the demographics of our audience. Because Velcom derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our select services free to users. Under no circumstances does Velcom divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Velcom can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.

2. User Obligations. You represent and warrant to Velcom 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 Velcom shall not be used in connection with any illegal activity.

3. Network Interruptions. Velcom will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Velcom be liable to You for any damages resulting from or related to any failure or delay of Velcom in providing access to the Internet under this Agreement. In no event shall Velcom be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Velcom under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Velcom account may not be transferred without prior written approval from Velcom.

5. IP Address. Velcom assigns to You an Internet Protocol ("IP") address in connection with Your use of the Velcom services. The right to use that IP address will remain with and belong only to Velcom, and You will have no right to use that IP address except as allowed by Velcom in its sole and absolute discretion.

6. Payment Terms.

• You may receive a refund if Your account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees. Important: If You cancel within the first 30 days and have registered free domain name with us during this time period, Velcom will charge You a one time fee of $12.00 per domain name if You do not wish to continue with the domain name transfer. If You cancel your account and wish to transfer free domain name registered by Velcom to any other registrar You will be charged a one time fee of $15 per transfer per domain. These terms are in place to prevent abuse of our free domain name(s) service.
• Velcom may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
• If Your account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 1.5% per month until the outstanding balance is paid in full.
• If You improperly charge back for services rendered, Your account will be terminated and a $200.00 charge back fee will be added to the amount charged back by You.
• For closed accounts there is a $15 per incident charge for all inquiries regarding previous services and or support.
• Backups of new/changed data are made weekly for shared servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Velcom, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Velcom will attempt to recover the data from the most recent archive for a $25.00 fee.

7. Secure Shell ("SSH") Access. To request SSH access with Shared hosting plans You need to contact support. Upon your request You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination. SSH access will be provided to You by default with VPS plans and dedicated servers.

8. Prohibited activities. By using any Services, provided by Velcom You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to Velcom website, servers, your own hosting account or the account of any other customers of Velcom.
• not to allow any remote code execution of malicious software through the hosting account provided by Velcom.v
• not to cause denial of service attacks, port scans or other endangering and invasive procedures against Velcom servers and facilities or the servers and facilities of other network hosts or Internet users.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use Velcom services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which include: IRC bots, proxy scripts, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to SateValley or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc.

You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Velcom will take corrective action upon our own discretion and will notify You. Velcom decision in such case is binding and final, and cannot be a subject of a further change. Velcom cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Velcom or any other third party.

We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Velcom will not be liable for any loss or damages in such cases.

9. E-mail and Anti-spam Policy. You are prohibited from:

• sending unsolicited bulk messages over the internet;
• creating websites intended or likely to promote the your affiliated websites or to increase the ranking of any associated sites in the search engines;
• sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.

You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Velcom. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.

Velcom prohibits the following activities listed without limitation hereunder:

• Usage of the Velcom network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e."spoofing").
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

10. Additional Acceptable Use Policy for Virtual accounts:

10.1. Server Resourse Provision. You should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. You are responsible to manage Your database(s) so that it is in compliance with this policy.

Your account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.

Your account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance

No script may use 25% or more of system resources for 60 seconds or longer

• Running stand-alone, unattached server side processes/deamons is strictly prohibited
• Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
• Running any bit-torrent / P2P application is strictly prohibited
• Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
• Running of public file exchange services is strictly prohibited

Velcom staff may use the following tools at our discretion to identify use of system resources:

• Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc.
• MySQL/PostgreSQL stats reporting features
• DirectAdmin report
• Resource usage alerts from CSF/LFD server security system

WordPress Usage & Modules:

We do not allow any WordPress caching modules on our shared hosting services. WordPress caching modules continually cause server overload problems and are only allowed on VPS or dedicated hosting.

10.2. Disk Usage Provision. 90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota. The following disc space limitations for different file types are also applicable: NO more than 5,000 MB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files; NO more than 5,000 MB of a shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium; NO more than 5,000 MB of a Linux shared hosting account can be allocated to databases dumps including but not limited to .sql files; NO more than 5,000 MB of a Linux shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Using more than 50 000 inodes on a shared hosting account may result in suspension of service. Exceeding the provided limit alone may not immediately lead to a suspension, but the regular creation and deletion of large numbers of files or causing file system damages would be serious grounds for a review of your account. All hosting accounts exceeding the 50 000 inodes limit will automatically be removed from Velcom backup system in order to avoid overusage. Each file or folder on a shared hosting account is considered as 1 inode.

10.3. Use of Email Services. You should use the email and other related services in full compliance with the terms below:

• Your account is allowed to send a maximum of 200 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
• Each email sent by You should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
• The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 200MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
• The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 200MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
• Velcom allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.

10.4. Upgrade to VPS and Dedicated Server. Each Virtual hosting account can be upgraded to a VPS (Virtual Private Server) and a Dedicated Server. The upgrade is performed by Velcom after You have paid the first month fee. The fee depends on the VPS/Dedicated Server type chosen by You and is non-refundable. No refund for unused time of the shared hosting account is owed by Velcom in the event of upgrade to VPS/Dedicated Server. You are entitled to a free transfer of the shared hosting account that is upgraded to the VPS/Dedicated Server if there is more than one month left to the expiration of the current Virtual Hosting Account. Once the account is transferred to the VPS/Dedicated Server the Virtual hosting account is terminated and the new VPS/Dedicated Server account use is governed by the paragraph 11 and paragraph 12 of this Agreement accordingly.

11. Additional Acceptable Use Policy for VPS accounts:

11.1. Use of Traffic (Bandwidth). Your account monthly traffic is limited in accordance with the VPS Type. Up to 50GB Additional Traffic can be ordered. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.

11.2. Disc Space Use. Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content. Additional space can be order by You as additional service.

11.3. Additional Services. The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. This is done only if the reason for the dedicated IP request is approved by Velcom. In such a case Velcom will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.

You can order Additional Space as extra features to Your VPS account(s). Velcom will charge the appropriate fee for the additional space, depending on the amount of space ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional Space each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Velcom will try to remove the additional space if not used. If You still uses the additional space Velcom may need to suspend the whole VPS account until receiving additional space renewal payment or until Your content is decreased, so that it no longer needs the additional space and it can be removed.

11.4. Upgrade to Dedicated Server. Each VPS hosting account can be upgraded to a Dedicated Server. The upgrade is performed by Velcom after You have paid the first month fee. The fee depends on the Dedicated Server type chosen by You and is non-refundable. No refund for unused time of the VPS hosting account is owed by Velcom in the event of upgrade to Dedicated Server. Once the account is transferred to the Dedicated Server the VPS account is terminated and the new Dedicated Server account use is governed by the paragraph 12 of this Agreement.

12. Additional Acceptable Use Policy for Dedicated Servers:

12.1. Use of Traffic (Bandwidth). Monthly traffic included in the monthly dedicated fee is limited in accordance with the Dedicated Server type. For any additional traffic used, You will be changed $1.00 per GB. You are solely responsible to keep track of the traffic used by your Dedicated Server.

12.2. Additional services. The initial and renewal fees of each dedicated server include 2 Dedicated IPs. Additional dedicated IPs can be added to each customer's account. The company will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.

The Dedicated IP is granted only after the reason for the dedicated IP request is approved by Velcom. Additional one-time non-refundable fee is applied to the standard Dedicated IP fee, if the reason for the IP is an External SSL installation.

Velcom change the dedicated IP address of the customer to another IPv4 compatible IP address after giving You much prior notice as reasonably practicable.

The RAM initially available on the Dedicated Server depends on the Dedicated Server type. Additional RAM can be ordered by You on the following terms:

• No more than a total of 12GB RAM can be provided to any dedicated server.
• The RAM upgrade procedure could happen in up to 5 business days after the Additional RAM order is received.
• The RAM upgrade procedure requires a server reboot. It could take up to 2 hours once it began during which time the dedicated server will be inaccessible.

The Company will charge the appropriate first month fee for the additional RAM. This fee is non-refundable. Renewal fee is due for the additional RAM each month after the initial order, until the upgrade or the dedicated server is cancelled. Velcom will act in good faith to inform You for due renewal payments. However, You are solely responsible to make the renewal payments in a timely manner. In case of no renewal payment received Velcom may deactivate the additional RAM at its expiration date. The additional RAM deactivation requires server reboot and will result in temporary server inaccessibility.

Velcom Dedicated Servers and additional services and products come with the features and price, as described in the Dedicated Server section on Velcom's website, on the date of Your payment. Velcom reserves the right to decide if any changes made to the dedicated server services, prices or discount policies after Your payment should be applied to Your account.

You are solely responsible to provide all the needed information, so that Velcom can provide the ordered service. If any information is missing after the order is submitted, Velcom will request it from You additionally. If You do not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.

All Dedicated server fees, including, but not limited to, Initial fees, Additional Services and Products fees, and Renewal fees and technical support fees are non-refundable.

12.3. Technical Support. The Dedicated Servers fees include initial set up and regular maintenance and updates of the Dedicated Server software. All technical support that is not related with the updates and regular maintenance of the initially installed support is paid additionally. The support can be requested by opening a ticket trough the HelpDesk system located in the Customer Area. Velcom will charge the appropriate fee for the additional support, depending on the estimated working hours needed for the task to be performed. The fee is non-refundable. The paid support is provided only after a payment for the estimated working time is made by the customer. If additional work turns out to be needed while performing the requested task, additional payment is due by the client, depending on the additional hours of work invested by Velcom. Velcom has the right to refuse support requests.

13. Storage and Security. At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Velcom servers; and (iv) ensure the confidentiality of Your password. Velcom's servers are not an archive and Velcom shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Velcom are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Velcom shall have no liability to You or any other person for Your use of Velcom products and/or services in violation of these terms.

14. Transfer of Content. In the event You terminate this Agreement or Your use of Velcom products and/or services, then moving Your server content off of the Velcom dedicated servers is Your responsibility. Velcom will not transfer or FTP Your server content to another provider. In the event Your use of Velcom products and/or services is terminated, Velcom will not transfer or manage Your Dedicated Services or Your server content.

15. Third Party Software. Velcom provides some third party software to You for easier account management including, but is not limited to Direct Admin, Installatron, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Velcom does not take responsibility for any faults in such software functioning.

You can add and use third party software on Your account only if it is compatible with Our servers and is approved by Velcom. Your use of any third party software is at Your own risk. Velcom cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Velcom will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.

16. Velcom Reservation of Rights. Velcom explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Velcom ; (ii) establish limits and guidelines concerning the use of Velcom services and/or products; (iii) terminate Your use of Velcom services and/or products for use of Velcom services and/or products to unnecessarily or illegally harass Velcom or third parties, non-payment of fees for Velcom services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Velcom, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Velcom determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Velcom services and/or products if Your use of Velcom services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Velcom or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Velcom services and/or products at any time and for any reason if deemed reasonably necessary by Velcom. Velcom has no obligation to monitor Your use of Velcom services and/or products, but reserves the right in its sole discretion to do so.

Right of refusal. Velcom has the right to refuse services to anyone at our discretion.

17. Disclaimer of Warranty. You agree to use all Services and any information obtained through or from Velcom, at your own risk. You acknowledge and agree that Velcom exercises no control over, and accepts no responsibility for, the content of the information passing through Velcom's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Velcom, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "Velcom PERSON") MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Velcom PROVIDES. NO Velcom PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Velcom 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 Velcom. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Velcom PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this agreement.

18. Indemnification. You agree to indemnify, defend and hold harmless Velcom and its parent, subsidiary and affiliated companies, 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, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the Terms and Conditions; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours. The terms of this section shall survive any termination of this agreement.

19. Limitation of Liability. You agree that no Velcom Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Velcom at the time) which may exist in the Services or Velcom's equipment used to provide the Services.

Under no circumstances, including negligence, shall any Velcom Person be liable for any direct, indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Velcom has been advised of the possibility of such damages. No Velcom Person shall be liable to you, any of your customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, alleged inadequacy of customer support, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.

Notwithstanding anything to the contrary in this agreement, Velcom's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions.

You understand, acknowledges and agrees that if Velcom takes any corrective action under this agreement because of an action of you or one of your customers or a Reseller Customer, that corrective action may adversely affect other customers of yours or other Reseller Customers, and you agree that Velcom shall have no liability to you, any of your customers or any Reseller Customer due to such corrective action by Velcom.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.

20. Force Majeure. Velcom shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

21. Governing Law & Arbitration. This agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein without regard to the conflict of law provisions thereof. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of Velcom or Services, or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitrations Act (Ontario). The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against Velcom related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Velcom. Notwithstanding the foregoing, Velcom reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts, and Velcom reserves the right to join you as a party in court proceedings that Velcom may have to bring against persons who are not a party to this agreement whether your liability is on a joint or several basis with them.

22. Assignment. You shall not have the right to assign this agreement without the prior written consent of Velcom. This agreement shall be binding upon and inure to the benefit of you and Velcom and all successors, administrators, executors and permitted assigns.

23. Entire Agreement, Severability. This agreement, together with the Order Form and any other documents or agreements specifically identified in this agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this agreement shall be held to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

You hereby represent that if you are an individual, you are over 18 years of age, or if you are a corporation, limited partnership or other legal entity, that you are duly organized, validly existing and in good standing under the laws of the jurisdiction of your organization and the individual acting on your behalf is duly authorized to accept, execute and deliver this agreement.

24.Trademarks. All products, brands and company names and logos used on Velcom are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on Velcom without the express written consent of Velcom or the owner of the mark, as appropriate, is strictly prohibited.

25. Submission of Ideas and/or Suggestions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO Velcom BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO Velcom, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO Velcom THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT Velcom IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Velcom, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

26. Miscellaneous. This is the entire agreement between Velcom and you pertaining to your use of the Services and supercedes any prior agreements between you and Velcom with regard to this subject matter. Velcom's failure to insist upon or enforce strict performance of any right or provision of this agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. All amounts expressed herein are in U.S. dollars, however, Velcom reserves the right to convert them to Canadian dollar equivalents at prevailing exchange rates. The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents que s'y rattachent soient rediges en anglais.