Terms of Service

This page tells you the terms and conditions on which we supply our services described on our website vertigohost.com to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”).

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Privacy Policy and Data Processing Addendum form part of these terms and conditions. We recommend you read through the terms carefully, printing or saving a copy for your records if required.

1. Information about us

1.1. vertigohost.com is a site operated by Pueblo Hosting LLC (“we”, “us” and “our”). We are a Limited Liability Company registered in the State of New Mexico, United States,. Please note that by placing an order for the Services, you consent to us sending to you our regular communications by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance, and account access information.

1.2. Contracts for the purchase of Services through our site will be governed by and construed in accordance with the laws of the State of New Mexico and the federal laws of the United States, without regard to conflict of law principles. Any dispute arising from, or related to, such Contract shall be subject to the exclusive jurisdiction of the state and federal courts located in Albuquerque, New Mexico, USA. English is the primary language offered for the conclusion of the contract between us.

2. Your status

2.1. By placing an order through our website, you warrant that:

• 2.1.1. You are legally capable of entering into binding contracts.
• 2.1.2. You are at least 18 years old.

2.2. If you are acting on behalf of a company or other business entity, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3. The order process

3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your username and password private at all times and not allow anyone else to use it. You must contact us immediately should you believe that your username or password has become known to someone else.

3.2. Before you submit an order, you will be shown a summary on screen including details of the Services you wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to completion of the order.

3.3. Before being able to submit an order, you will be required to register a valid credit or debit card, or another approved payment method.

3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored in your account portal.

4. How the contract is formed between you and us

4.1. After placing an order, you will receive an email from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.

4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will notify you accordingly.

4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

5. Our status

5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.

5.2. Any disclaimer does not affect your statutory rights against the third-party seller.

6. Consumer rights

6.1. Except as expressly provided under our Money Back Guarantee (Section 7), all sales are final upon provision of the Acceptance Confirmation, unless applicable US federal or state law mandates otherwise.

6.2. By placing your order for immediate provisioning of the Services, you acknowledge and agree that service performance begins immediately, and you waive any statutory right to rescind or cancel the purchase outside of our voluntary refund policies described herein.

7. Our limited money back guarantee

7.1. Once the Contract has been formed, you may cancel the Contract in relation to the eligible Hosting Service you have purchased under our 30-day Money Back Guarantee.

7.2. In such cases, you may cancel at any time within 30 calendar days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card, or other payment account you used to make that payment. No other refund will be made. Limit of one money-back guarantee refund per customer.

7.3. To cancel the Contract under this guarantee, you must inform us by opening a support ticket before the end of the 30-day period. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not accidentally delete any data you need to retain.

7.4. In summary, Services which are excluded from the limited money-back guarantee include (but are not limited to):

• 7.4.1. Domain Name Registrations and Domain Name Renewals.
• 7.4.2. Private SSL certificates.
• 7.4.3. Virtual Nameservers and other ‘add-on’ products.
• 7.4.4. Dedicated Servers, Virtual Private Servers (VPS), and associated specialized resources.

8. Price and payment

8.1. The price of any Services will be as quoted on our website (exclusive of applicable local, state, or federal sales taxes or duties, which will be added to the total amount due where applicable).

8.2. The total cost of your order of the Services will be set out clearly before you submit your order.

8.3. Prices are subject to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel your subscription prior to the effective date, you will be deemed to have accepted the new prices, and they will be charged to your payment account.

8.4. Due to the volume of Services offered for sale, it is possible that despite our reasonable efforts, some Services may be incorrectly priced. We handle these situations as follows:

• 8.4.1. Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
• 8.4.2. If a Service’s correct price is higher than the price stated on our website, we will normally contact you for instructions before accepting your order; and
• 8.4.3. We are under no obligation to provide the Services to you at an incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakable.

8.5. We reserve the right to seek to recover any outstanding amounts due by you through lawful means, including referring the debt to an external debt collection agency if necessary. If this method is sought, you agree to pay all reasonable costs of collection, including collection agency fees, legal fees, and court costs, in addition to the outstanding amount owed to us.

8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds in US Dollars ($ USD). If your chosen method of payment is declined or not authorized by your card provider or bank, you hereby authorize us to seek payment from any other valid payment method registered against your account.

8.7. If payment authorization fails, your account and associated Services may be suspended or terminated.

9. Quality and Limited Warranty

9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with commercially reasonable care and skill.

9.2. We will not be liable for a breach of the warranty provided above unless:

• 9.2.1. You give written notice of the defect/breach to us via our support system;
• 9.2.2. We are given a reasonable opportunity after receiving the notice to examine our provision of the Services to you;
• 9.2.3. The problem arises because you failed to follow our oral or written instructions as to the use of the Services;
• 9.2.4. You alter or modify the Services without our written consent; or
• 9.2.5. The problem arises due to misuse, abuse, or unauthorized third-party intrusion.

9.3. If we are in breach of the warranty in accordance with this clause, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the affected Services at the pro-rata Contract price.

9.4. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PUEBLO HOSTING LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Access to the Hosting Service

10.1. It is your responsibility to ensure that all necessary arrangements for access to our Hosting Services are in place on your end.

10.2. You are also responsible for ensuring that all persons who access our Services through your account or Internet connection are aware of these terms and conditions (and in particular our Acceptable Use Policy).

11. Hosting service levels

11.1. We do not warrant that access to our servers will be uninterrupted, continuous, or error-free, but we shall use commercially reasonable endeavors to keep downtime to a minimum.

12. IP addresses

12.1. You will have no right, title, or interest in any Internet Protocol address (“IP address”) allocated to you throughout the use or upon the expiry or termination of the Services.

12.2. Any IP address allocated to you is allocated as part of the Hosting Service purchased and is non-portable and non-transferable by you in any manner whatsoever.

12.3. If an IP address is re-numbered or re-allocated by us, we shall use reasonable endeavors to avoid unnecessary disruption to your service.

13. Back-up of your material and our servers

13.1. It is your sole responsibility to maintain appropriate and up-to-date backup copies of any data, information, website files, databases, or other material you upload or store on our servers. We provide backup tools in our control panel for your convenience. In the event of loss or damage to your material, you acknowledge that server backups maintained by us pursuant to disaster recovery procedures are for internal recovery purposes and may not be made directly accessible to you.

13.2. We will follow our standard operational procedures for server data management.

13.3. Pueblo Hosting LLC will not be responsible or liable for any loss, destruction, corruption, alteration, or unauthorized disclosure of your material or data caused by you or any third party.

14. Hosting Service usage limitations

14.1. The Hosting Service package you order includes the per-calendar-month bandwidth allowance applicable to that hosting package as set out on vertigohost.com at the time of your order.

14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one with a higher allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your bandwidth usage via our control panel.

14.3. Unless the Hosting Service package you order is a dedicated or virtual private server, shared hosting plans are subject to server resource limits (e.g., maximum CPU usage thresholds to prevent resource exhaustion).

14.4. We may allow your usage to temporarily exceed these CPU limitations, but reserve the right to request an upgrade or restrict your access if your usage detrimentally impacts other customers on a shared platform.

14.5. The Hosting Service package includes the number of email mailboxes specified at the time of purchase.

14.6. Any mailbox that has not been accessed for 100 consecutive days may be automatically flagged or deleted from our active storage systems.

14.7. When using the Services, you must comply with our Terms of Website Use and Acceptable Use Policy. Any conflict between those policies and these terms and conditions will be resolved in favor of these terms and conditions.

14.8. A breach of our Acceptable Use Policy or Website Terms will entitle us to suspend or terminate the provision of Services to you immediately without liability.

15. Support

15.1. Our support team will help resolve operational issues directly related to the availability of the Services you receive. We do not provide custom software code development or web programming support, though our servers support common runtime environments.

15.2. Technical support is provided via online support ticket or live chat through our official site. We do not provide technical support via telephone unless otherwise explicitly stated in an enterprise agreement.

16. Domain names

16.1. Where the Contract includes our Domain Registration and Renewal Service:

• 16.1.1. We will endeavor to procure the registration of the domain name you request through authorized registrars.
• 16.1.2. We will not be liable in the event that the relevant domain name registry (or ICANN) refuses to register the domain name, or subsequently suspends or revokes any registration.
• 16.1.3. We shall not act as your legal agent in any official capacity regarding dealings with domain name registries.
• 16.1.4. The registration and ongoing use of the domain name are subject to ICANN rules and the relevant domain name registry’s terms and conditions.
• 16.1.5. You are responsible for ensuring awareness of and compliance with registry terms.
• 16.1.6. A domain name request is only successfully registered when you appear as the registrant on the official WHOIS database of the relevant top-level domain registrar.
• 16.1.7. We reserve absolute discretion to require you to select an alternative domain name, or suspend/terminate the Domain Registration and Renewal Service, if we reasonably believe your requested domain infringes third-party rights, is registered in bad faith, or violates applicable legal or regulatory standards.
• 16.1.8. You warrant and represent that you hold all necessary trademark or IP rights for any domain name you request us to register on your behalf.

16.2. You confirm and warrant that you are the legal owner (or authorized user) of any domain name pointed to our Hosting Services.

16.3. Domain registrations must be renewed periodically. Renewal notices will be sent to your registered account email address prior to expiration.

16.4. You authorize us to automatically process domain renewals using your primary payment method on file unless you have opted out or cancelled the Domain Registration and Renewal Service through our user interface prior to the renewal billing date.

16.5. The renewal pricing will be as stated in the customer administration area at the time of renewal.

16.6. You acknowledge and agree that domain security locks may be applied to your domain to prevent unauthorized domain transfers in accordance with ICANN policies.

17. Intellectual property rights

17.1. You retain all intellectual property rights in your hosted content ("your material"). You grant Pueblo Hosting LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, transmission, and display your material solely as necessary to provide the Hosting Services to you.

17.2. You warrant that your material does not infringe the intellectual property or privacy rights of any third party. You agree to defend, indemnify, and hold harmless Pueblo Hosting LLC, its officers, directors, employees, and agents from any third-party claims, liabilities, losses, or expenses (including legal fees) arising out of or related to your material or your misuse of the Services.

17.3. If you download software from our site, we grant you a personal, non-exclusive, non-transferable, royalty-free license to use that software solely in connection with receiving the Hosting Services. This license automatically terminates upon cancellation or termination of your Services.

17.4. Third-party software provided via our platform is subject to the respective software license agreements of those third parties.

17.5. Pueblo Hosting LLC retains all intellectual property rights in our network infrastructure, proprietary control software, website design, and brand assets. You shall not reverse engineer, decompile, or disassemble any software provided by us.

18. Limitation of liability

18.1. We do not monitor, endorse, or assume liability for your material or data transmitted across our network.

18.2. Due to the public nature of the Internet, Pueblo Hosting LLC shall not be liable for the privacy, security, or integrity of electronic mail or data transferred across internet networks outside our immediate control.

18.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUEBLO HOSTING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

18.4. IN ALL EVENTS, PUEBLO HOSTING LLC’S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PUEBLO HOSTING LLC FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

18.5. You are strongly advised to acquire business interruption insurance or data recovery insurance to cover potential business disruptions.

19. Duration of the Services and cancellation

19.1. Domain Registration and Renewal Services commence upon issuance of the Acceptance Confirmation and continue until the term expires, the domain is transferred out, or the agreement is terminated pursuant to these terms.

19.2. Hosting Services and other recurring Services commence on the date specified in the Acceptance Confirmation and continue for the initial term selected ("Minimum Term"). Upon expiration of the Minimum Term, Services automatically renew on a recurring basis (e.g., month-to-month or year-to-year) at our standard rates unless terminated:

• 19.2.1. By you, by submitting a cancellation request via our online support ticket system or customer portal prior to the next billing date;
• 19.2.2. By us, giving at least 30 days' advance written notice via email to your registered account; or
• 19.2.3. Immediately by us, if you breach any material provision of these terms or our Acceptable Use Policy.

19.3. Cancellation requests must be submitted and confirmed through our online ticketing/portal system. Cancellations requested via postal mail, social media, or phone are not valid.

19.4. Recurring charges are billed in advance to your payment method on file on the scheduled payment date.

19.5. Pueblo Hosting LLC does not issue prorated refunds for cancellations requested mid-way through an active billing cycle after any applicable money-back guarantee period has expired.

19.6. If we terminate the Services for convenience without cause, we will issue a pro-rata refund for any unused pre-paid portion of the Minimum Term.

20. Deletion of your data

20.1. Upon effective cancellation or termination of your Services for any reason, any data, files, databases, or email accounts hosted on our servers associated with the cancelled Services will be permanently deleted from our primary production storage.

20.2. You are solely responsible for exporting/downloading all website files, databases, and emails before submitting a cancellation request.

21. Additional terms

21.1. Promotional offers or specialized service tiers may carry additional terms and conditions. If applicable, such terms will be presented to you during checkout or sign-up.

22. Written communications and electronic notices

22.1. Applicable laws require that certain communications or notices be in writing. When using our website or Services, you consent to receive all communications, legal notices, and agreements from us electronically via email or through postings on vertigohost.com.

22.2. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.

23. Notices

23.1. Legal notices to Pueblo Hosting LLC must be submitted via our customer support portal or sent by email to the address below:

Pueblo Hosting LLC
Email: legal@vertigohost.com

23.2. Notices to you will be delivered via email to the address currently associated with your account or posted within your client dashboard.

24. Assignment and Transfer

24.1. You may not assign, transfer, charge, or otherwise dispose of this Contract or any of your rights or obligations hereunder without our prior written consent.

24.2. Pueblo Hosting LLC may assign, transfer, sub-contract, or novate this Contract or any rights/obligations hereunder to an affiliate, subsidiary, or successor in interest at any time without restriction.

25. Events outside our control (Force Majeure)

25.1. Neither party will be liable for any delay or failure to perform obligations resulting from events outside its reasonable control (“Force Majeure Event”).

25.2. Force Majeure Events include, without limitation: acts of God, fire, flood, earthquake, extreme weather, pandemic, epidemic, acts of terrorism, war, civil unrest, strikes or labor disruptions, power outages, failures of public telecommunication or Internet infrastructure networks, cyber-attacks (including Distributed Denial of Service [DDoS] attacks), or governmental action/restrictions.

26. Severability and Waiver

26.1. If any provision of these terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

26.2. No failure or delay by us in exercising any right under these terms shall operate as a waiver of that right.

27. Entire agreement

27.1. These terms and conditions, along with our Acceptable Use Policy, Privacy Policy, and any incorporated schedules, constitute the entire agreement between you and Pueblo Hosting LLC regarding the Services, superseding all prior agreements or understandings.

28. Changes to our terms and conditions

28.1. Pueblo Hosting LLC reserves the right to revise, update, or amend these terms and conditions at any time.

28.2. Updated versions will be posted on our website vertigohost.com. Your continued use of the Services following notice or posting of updated terms constitutes your acceptance of the revised terms.

29. Acceptable Use Policy

29.1. This Acceptable Use Policy forms an integral part of these terms and conditions and applies to all users of VertigoHost's Hosting Services.

A. Resource usage

29.2. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

29.3. The Shared Hosting Services allow you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files, we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.

29.4. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

29.5. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

• 29.5.1. use more than 10% of our platform's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations.
• 29.5.2. run stand-alone, unattended server-side processes or any daemons, including (but not limited to) IRCd.
• 29.5.3. run any type of web spider or indexer.
• 29.5.4. run any software that interfaces with an Internet Relay Chat network.
• 29.5.5. run any BitTorrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers.
• 29.5.6. participate in any file-sharing/peer-to-peer activities.
• 29.5.7. run any gaming servers.
• 29.5.8. run cron jobs or other scheduled tasks other than by configuring them through our control panel.
• 29.5.9. give away web space under a domain.
• 29.5.10. operate a proxy website or service.
• 29.5.11. act as a remote file host for other websites.
• 29.5.12. operate self-hosted file sync or similar "cloud storage" based services, including (but not limited to) OwnCloud, Pydio and Sparkleshare.

29.6. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your use of the Hosting Services must be visible and accessible to the outside world (web-visible), unless they are needed to operate the website of which they form part. We reserve the right to delete files or directories that are not web-visible without giving notice to you.

29.7. All pages of websites stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines, you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.

29.8. MySQL databases are limited to 1024 megabytes in size; when they reach this size, we will notify you.

B. Prohibited uses

29.10. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:

• 29.10.1. in any way that breaches any applicable local, national or international law or regulation.
• 29.10.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• 29.10.3. for the purpose of harming or attempting to harm minors in any way.
• 29.10.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
• 29.10.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM — see below), or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

C. Content standards

29.11. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.

29.12. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.

29.13. Material must:

• 29.13.1. be accurate (where it states facts).
• 29.13.2. be genuinely held (where it states opinions).
• 29.13.3. comply with applicable law in the United States and in any country from which it is posted.

29.14. Material must not:

• 29.14.1. contain any material which is defamatory of any person.
• 29.14.2. contain any material which is obscene, offensive, hateful or inflammatory.
• 29.14.3. contain any material that is pornographic.
• 29.14.4. promote violence.
• 29.14.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• 29.14.6. infringe any copyright, database right or trade mark of any other person.
• 29.14.7. be likely to deceive any person.
• 29.14.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• 29.14.9. promote any illegal activity.
• 29.14.10. be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• 29.14.11. be likely to harass, upset, embarrass, alarm or annoy any other person.
• 29.14.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• 29.14.13. give the impression that it emanates from us, if this is not the case.
• 29.14.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

D. Zero Tolerance Spam Policy

29.15. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may suspend or terminate the account of any user who sends out spam, with or without notice.

29.16. Websites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

29.17. VertigoHost reserves the right to require changes to, or to disable as necessary, any website, account, database or component that does not comply with this policy.

29.18. VertigoHost reserves the right to charge the holder of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal, at our sole discretion.

E. Use by third parties

29.19. You agree not to:

• 29.19.1. resell or offer for the use of third parties any part of our Hosting Services.
• 29.19.2. access without authority, interfere with, damage or disrupt: (i) any part of the Hosting Services; (ii) any equipment or network used to provide the Hosting Services; (iii) any software used in the provision of the Hosting Services; (iv) any equipment, network or software owned or used by any third party.

F. Suspension and termination

29.22. We will determine, at our discretion, whether a breach of this Acceptable Use Policy has occurred through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

29.23. Failure to comply with this Acceptable Use Policy constitutes a material breach of our terms and conditions of sale under which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:

• 29.23.1. immediate, temporary or permanent withdrawal of your right to use the Hosting Services.
• 29.23.2. immediate, temporary or permanent removal of any Material uploaded to our servers.
• 29.23.3. issue of a warning to you.
• 29.23.4. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• 29.23.5. further legal action against you.
• 29.23.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Terms of Service · Version January 2026 · vertigohost.com