Terms of Services (TOS)
VeraHost offers its customers internet services to assist them in maintaining an online presence that is advantageous to their informational and business activities. The rules contained in this Terms of Service are acknowledged and agreed to by using services from VeraHost or submitting an online order form (TOS).
01.
Indemnification
By using the services offered by the Company, clients agree to defend, protect, and hold VeraHost harmless from all stipulations, liability, losses, expenditures, and claims. This covers, but is not limited to, attorney fees, any harm to a person or property that might be brought on by goods or services sold or provided in connection with VeraHost, infringement of copyright, trademark, or other intellectual property, or any act committed by customers that violates the rights of a third party.
02.
Limitation of Liability
The CLIENT understands and agrees that VeraHost is not liable for any lost profits or indirect, incidental, special, punitive, or consequential damages resulting from the use of VeraHost's services. VeraHost promises to provide a reasonable discount to CLIENT deemed deserving of such consideration in the event that an issue emerges in connection with any licensing, use, or employment of any service provided to CLIENT and the situation is deemed unmanageable.
VeraHost has complete discretion over the amount of any such reduction.
Additionally, CLIENT understands that VeraHost is solely in charge of keeping the servers secure. If the CLIENT avails of a dedicated server, full access to that server may be granted upon request; however, the CLIENT acknowledges and agrees that VeraHost will not be held liable for any service interruptions brought on by the changes of previous configurations, omissions, or other similar alterations. The CLIENT acknowledges that complete control of the server, including but not limited to securing backups, becomes inherent on the CLIENT's end once full access to their dedicated server is supplied upon their request. In other words, VeraHost's server administration responsibilities will be restricted to operating system reloads, kernel version patches, and reboots.
03.
CLIENT Responsibility
VeraHost does not guarantee the accuracy or integrity of automated backups because they could malfunction or become damaged. The CLIENT is in charge of securing a backup of any data they transfer to VeraHost servers, including their website, database, emails, and other files.
The CLIENT is in charge of keeping track of all VeraHost service subscription payment due dates. Any loss, indirect, incidental, punitive, or consequential damages resulting from the suspension or termination of a subscription due to late payment or non-payment of a product subscription to VeraHost are not the responsibility of VeraHost.
Failure to receive a sales invoice or payment reminder for service subscriptions is not an acceptable excuse for failing to fulfill obligations.
When moving/configuring domains, hosting, and other digital assets from one provider to VeraHost or the other, VeraHost may offer free or compensated assistance.
VeraHost does not guarantee that the migration or reconfiguration will be error-free, completed properly, or done so in a timely manner. The CLIENT is ultimately responsible for determining, verifying, and maintaining ongoing monitoring of the domain and website, ensuring that all DNS records are operational, and ensuring that all services, including email, function as planned. VeraHost disclaims any liability for any loss, damage (direct, indirect, incidental, special, punitive, or consequential), downtime, a website issue, website corruption, or domain deletion resulting from the use of VeraHost's domain and website migration services.
The client is responsible for making efforts to safeguard the website.
VeraHost disclaims any liability for any damages or losses resulting from hacking activities, including but not limited to shell exploit insertion, SQL Injection, and other types of cybercrime attacks, that result in partial or complete damage to the website or email service.
04.
Payment of Fees
For dedicated servers, a notice of the renewal of the hosting service is sent to the client's email address prior to the actual renewal date. If a client fails to settle their account, a penalty of 1% of the total hosting cost will be imposed daily on the outstanding balance beginning on the due date.
VeraHost shall suspend the account and only permit account restoration upon full payment of the demandable amount, relevant penalties included, if the customer continues to be in default in payment or fails to settle any outstanding penalties fifteen (15) days after the due date. VeraHost reserves the right to cancel the account with or without prior notification to the client if the account is still past due in the following month. Any backup files present on the server will be deleted in the event of account termination.
If a payment isn't made on time for accounts hosted in a shared hosting environment, the account will be immediately suspended. Accounts will only be reactivated after full payment of all owed amounts, including any relevant penalties, has been received.
Once the 30-day money-back guarantee has passed, all payments for hosting services are final and non-refundable.
Annual hosting plans may be terminated for noncompliance with the provisions of the aforementioned Terms of Service. Even if it is still within the 30-day money-back guarantee period, violations of the aforementioned restrictions will result in the forfeiture of any payments previously received for the given subscribed term.
Payment refunds can take up to thirty (30) days to process from the day they were provided.
Before issuing a refund, the client agrees to provide VeraHost the opportunity to address technical concerns. Technical problems brought on by an incorrect package selection, a client's failure to overcome technical problems unrelated to web hosting, or problems that VeraHost is unable to address may be repaid pro-rata depending on how long the account was active.
Without giving notice, VeraHost maintains the right to adjust pricing as it sees fit to keep up with market changes.
05.
Force Majeure
Despite the provisions in this section to the contrary, neither VeraHost nor any of its employees make a guarantee that the hosting services will be error-free or uninterrupted. VeraHost shall never be held responsible to customers or any other party for damages, including lost revenue or savings, or other incidental, consequential, punitive, or extraordinary damages resulting from the operation of the website due to events beyond our reasonable control. Even if VeraHost has been informed of the possibility of such damages, service interruptions due to force majeure, unforeseen circumstances, failure of any service provider, telecommunications carrier, the Internet backbone, any Internet servers, their computer, or Internet software, including but are not limited thereto.
06.
Cancellation and Early Termination
Clients acknowledge that VeraHost may suspend its services to clients with or without prior notice in the following situations: (i) VeraHost suspects that the services are being used in violation of the Acceptable Usage Policy; (ii) clients refuse to cooperate with any reasonable investigation of any suspected violation of the Acceptable Usage Policy; and (iii) VeraHost suspects that the suspension of service is required to protect its network or its clients; or (iv) as required by a regulatory or law enforcement body.
If VeraHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not address the failure within ten (10) days of receiving clients' written notice describing the failure in reasonable detail, the Agreement may be terminated by clients prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability.
Without further notice and without incurring any obligations, VeraHost may terminate the Agreement before the end of the Initial Term or any Renewal Term in the following circumstances: (i) with a fifteen (15) day notice if the Client is past due on any sum due; (ii) Clients who flagrant disregard the AUP or any other term of the Terms of Service and refuse to take corrective action within ten (10) days of receiving written notice from VeraHost; If a service is used more than once in violation of an AUP term, it will be terminated (iii) upon three (3) days' notice, or (iv) at one (1) days' notice if a customer violates Section 5.3 of the AUP.
If the other party confesses insolvency, either party may end this agreement with five (5) days' notice.
07.
Copyright Files
All files kept on VeraHost's servers must be legitimately held and come with a license or copyright that is in effect. These formats are MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO, among others. If VeraHost finds any unauthorized or unlicensed files on the client's account, the files will be deleted.
08.
Disk Space Abuse
The sole decider of what constitutes a violation of this clause will be VeraHost.
Clients are in charge of keeping track of their disk space consumption. Customers can get in touch with VeraHost if they ever require additional disk space for any reason. From the VeraHost client account, customers can also upgrade their hosting package. Individual account quotas, including but not limited to a subdirectory, email, and disk space-consuming accounts, are not the responsibility of VeraHost.
The Acceptable Usage Policy goes into further detail about this subject.
09.
Acceptable Usage Policy
Customers agree to abide by the Acceptable Usage Policy, which is a key component of the Terms of Service when using our services. Clients concur that VeraHost has the authority to change the AUP to conform to current norms and legislation. If there is a disagreement between VeraHost and a client about how the Acceptable Usage Policy should be interpreted, the commercially reasonable interpretation will take precedence.
Clients consent to using our services in accordance with the Acceptable Usage Policy, which is now part of this agreement. Client acknowledges that VeraHost retains the right to modify their AUP at any moment to comply with applicable laws and web hosting standards. The first day of any Renewal Term that commences after an amendment takes effect or the day VeraHost notifies the customer that a modification has been made, whichever comes first. The customer consents to assist VeraHost's reasonable inquiry of any alleged AUP breach. If there is a disagreement between VeraHost and the customer about how the AUP should be interpreted, VeraHost's commercially reasonable reading of the AUP will take precedence.
10.
Clients Information
The client guarantees that the data they have provided and will continue to submit to VeraHost for setting up and maintaining the service is accurate.
11.
No Spam Policy
Spam communications are not tolerated at VeraHost. Depending on the gravity of the act, any violation of the VeraHost No-Spam Policy detailed in the Acceptable Usage Policy may result in account suspension or termination.
VeraHost retains the right to decide what steps should be taken to address any violations of the AUP.
The following activities are prohibited: SPAM, which includes but is not limited to bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts; forging, altering, or removing electronic mail headers; any domain sending stealth spam will be terminated without warning and without refund. Spamming Newsgroups: Commercial advertisements are not permitted in the majority of Usenet discussion groups and on the majority of email mailing lists. Mail bombing is the practice of sending multiple copies of the same or substantially similar message with the intention of disrupting a server or account. Account cancellation may occur as a result of inappropriate posting. To find out whether or not advertising is permitted, consult the newsgroups or mailing list's charter. Mail may not be used to harass or threaten people; sending messages to several off-topic newsgroups will be regarded as especially unethical and will receive the same treatment. Harassment is not permitted, regardless of the language used, the frequency of communications, or the volume of messages. One offensive message sent can qualify as harassment. YOU must stop sending emails to those who request to stop receiving them.
NOTE: The rules of the above policy shall apply as if the SPAM were sent through our servers if YOU use the services of another provider to advertise a website hosted by or through VeraHost ('spamvertising').
12.
Technical Support
VeraHost provides technical help as part of its mission to give each customer a unique experience. The hosting capabilities and cPanel interface troubleshooting are included in this assistance. VeraHost occasionally assists clients with problems involving scripts, templates, and computer languages. VeraHost, however, is unable to guarantee support for or complete hosting compatibility with all scripts due to the wide variety of accessible scripts and compatibility requirements. The client is in charge of making sure that the script, program, or content management system is compatible with the hardware and software version used by VeraHost. The installation of additional application modules and other relevant software or applications is not something VeraHost is required to assist its customers with. Additionally, VeraHost is not liable for correcting mistakes brought on by client modifications to apps.
13.
Revisions to this Terms of Service
This policy may be updated, revised, or amended at any time by VeraHost. Links to the archive of previous Terms of Service will be provided at the bottom of this page. The principal customer email on file with VeraHost will additionally receive notification of the update, revision, and amendment.
Customers recognize and agree to abide by the changes, revisions, or amendments by continuing to use VeraHost services after they become effective.
14.
Miscellaneous
The remaining provisions of these Terms of Service shall continue in full force and effect in the event that any provision is found to be unlawful or unenforceable. VeraHost, its directors, officers, and employees will be protected against all liabilities and costs arising from any violations of this TOS by the client's agreement to indemnify, defend, and hold harmless VeraHost.
15.
Governing Laws
The laws of the Republic of the Philippines shall govern the Agreement.
16.
Service Guarantee
VeraHost follows best practices when it comes to maintaining its servers and infrastructures, however, VeraHost cannot ensure that there won't be service interruptions, data loss, consistency of backup files, or network availability. In all of its servers, VeraHost uses the best security hardware, software, web application firewall, exploit, and rootkit scanners. As soon as new stable versions are released, VeraHost releases software patches. Clients recognize that VeraHost uses a variety of open-source software, including but not limited to the operating system, control panel, plugins, and content management system, all of which were created by private companies engaged in software development or by open-source groups. Clients agree that software, even those released by major corporations, may have vulnerabilities.
Shared hosting plans are made to accommodate commercial websites that may accept a certain degree of security risk. Shared hosting plans are not intended for hosting websites that need a high level of security, such as but not limited to those that handle money or other highly secret information or payment processing.
The content that is housed on VeraHost servers is not archived, and we are not responsible for any loss, destruction, or damage to that content. Furthermore, servers are not designed to host HIPPA (Health Insurance Portability and Accountability Act) or PCI (Payment Card Industry) compliant platforms.
VeraHost disclaims all responsibility for any direct or indirect damages, costs, or claims caused by the use of the offered services. In the event of data loss, data damage, hacking, or any other unfavorable website alteration, VeraHost's role is to assist clients in restoring any available backup or clients produced backup. When possible, VeraHost reserves the right to charge customers a fair fee for re-coding the website in the event of irreparable damage.
17.
Network Security
Clients are prohibited from attempting to go beyond any host, network, or account security by using the VeraHost network. This includes, but is not limited to, accessing information that is not intended for clients, entering a server or account that clients are not expressly permitted to access, cracking passwords, testing the security of other networks to look for vulnerabilities or violating any other VeraHost security guidelines.
18.
Static and Dynamic Content Caching
Client expressly authorizes VeraHost permission to cache the entire website, including any third-party content hosted by VeraHost pursuant to these TOS, and certifies that such caching does not violate Client's or any third-intellectual party's property rights.
19.
IP Address Ownership
VeraHost reserves the right, in its sole discretion, to change or remove any and all such IP numbers and addresses. VeraHost shall keep and control ownership of all IP numbers and addresses that may be issued to clients.
20.
Uptime Guarantee
VeraHost promises all customers in good standing with the company a 99.99% uptime for web and database servers and a 100% uptime for hardware.
21.
Hosting Service Termination
A client's hosting service that has been suspended for at least two months will be terminated by VeraHost. In such a scenario, VeraHost will not save any backup copy of the discontinued service, whether it is stored locally or remotely. Therefore, the account will be regarded as delinquent. The identical ordering procedure must be followed if the client wants to reorder using the delinquent account, however, no backup files from the previously canceled service may be restored.
VeraHost makes an effort to make the content of YOUR website available for HTTP access by any party in the globe 99.99% of the time. SERVICE LEVEL AGREEMENT (SLA) and SPECIFICATIONS. If there is a 100% packet loss from VeraHost to its backbone providers, the network is said to be down ("unavailable"). After receiving notice of a network breakdown through VeraHost's online ticketing system, downtime is recorded after 10 minutes. If the ticketing system can't be accessed, the ticket must be opened by contacting the VeraHost Technical Support hotline or sending an email to support.dept@VeraHost. The end of the downtime will be determined by VeraHost administrators via a traceroute to the client's computer from outside the VeraHost network.
Credit will not be given to the client and VeraHost will not be held responsible for any outages caused by the client's behavior, your equipment, facilities, or applications, or any scheduled maintenance that may have been advertised from time to time on VeraHost. Circumstances outside of VeraHost's reasonable control, such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance, interruption or delay in transportation, unavailability, interruption, or delay in telecommunications or third-party services, such as DNS propagation, domain name registration/transfer, failure of third-party software or hardware, or inability to obtain raw materials, may cause delays or interruptions in services.
Use of services provided VeraHost means acknowledgment and acceptance of the Terms of the Agreement.