Terms Of Service

Verynet LLC – Terms of Service
Last Updated: November 8, 2025

1. Introduction and Acceptance

Welcome to Verynet LLC (“Verynet”, “we”, “us” or “our”). These Terms of Service (“Terms”) govern your use of Verynet’s web services, including web hosting, Virtual Private Servers (VPS), WordPress website services, custom application development, consulting, domain registration, and email setup (collectively, the “Services”). By creating an account, purchasing, or using any of our Services, you (“you” or “Customer”) agree to be bound by these Terms. If you do not agree, you must discontinue use of the Services. We may update these Terms from time to time by posting the revised version on our website. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

Company Information: Verynet LLC is a Wyoming-registered limited liability company with operations based in Colorado, USA. Our contact email is contact@verynet.co. No physical office address is publicly available at this time.

Legal Compliance: The Services are offered subject to your compliance with these Terms and all applicable laws and regulations. Our Services may only be used for lawful purposes. You agree to comply with U.S. federal law, the laws of the State of Colorado and, where applicable, the State of Wyoming, as well as any other relevant local laws.

2. Eligibility and Account Security

Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our Services. By registering an account or using the Services, you represent that you are of legal age and capable of forming a binding contract.

Account Registration: You agree to provide accurate, current, and complete information when creating an account or placing an order for Services. It is your responsibility to update your account information (such as contact email, billing details, etc.) so that it remains accurate and current.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at contact@verynet.co of any unauthorized access to or use of your account. You are liable for all activities conducted through your account. We recommend using strong passwords and enabling any available security features. Verynet is not liable for any loss or damage arising from unauthorized use of your credentials.

3. Description of Services

Verynet provides a range of web services:

Web Hosting and VPS: Hosting of websites and applications on our servers. Some hosting plans include customer access to a Plesk control panel for self-management, while other plans are fully managed by Verynet’s administrators.

Managed WordPress Websites: Setting up and maintaining WordPress sites, including updates and usage analytics for performance.

Custom Development and Consulting: Building custom web or app solutions and providing IT consulting as agreed in separate project scopes.

Domain Registration & Email Setup: Assisting with domain name registration (through third-party registrars) and configuring email services.

Third-Party Services: Certain features rely on third-party platforms (e.g., Plesk for server management, WordPress software, domain registrars, email providers). Your use of those features may be subject to additional terms from those third parties. We do not guarantee the continuous availability of any third-party service and may replace or discontinue integrations if needed. Verynet makes no warranties about any third-party software or services and disclaims liability for their acts or omissions.

Support: We will provide support for our Services via email or our support portal. Managed service customers will receive assistance with configuration, updates, and troubleshooting within the scope of their plan. For self-managed services (e.g., Plesk access plans), our support may be limited to infrastructure issues; customers are responsible for website/application-level maintenance beyond our server’s control.

4. Account Fees, Billing, and Payment Terms

Fees: You agree to pay all fees for the Services selected, as listed on our website or order form. Prices are in U.S. dollars unless stated otherwise. Recurring services (such as hosting plans) are billed on a subscription basis (e.g., monthly or annually) in advance of each service term. One-time services (such as one-off development or consulting fees) will be billed as agreed.

Payment Processors: All payments are handled through third-party payment processors like PayPal, Stripe, or other authorized payment providers. Verynet does not store your credit card details on our systems. Payment information you provide is transmitted directly to the third-party processor over secure connections. These processors may have their own terms and privacy policies; by paying through them you also agree to those terms. We may receive from the processor a confirmation of payment and basic billing data, but not the full card number or sensitive payment data.

Billing Authorization: By providing a payment method (e.g., credit card or PayPal account) and enrolling in a Service, you authorize Verynet or its payment processors to charge the recurring fees to your payment method on the schedule described (e.g. monthly on the anniversary of signup, or annually on renewal date). If you have provided a payment method capable of automatic charges (such as a card or PayPal), we will attempt to charge your method a few days before each renewal term begins, to ensure continuity of service.

Invoices: We will generally issue invoices or receipts through our billing system (Blesta). Invoices for renewal of recurring services are typically generated 14 days prior to the due date. You are responsible for reviewing your invoices. All fees are due by the stated due date.

Taxes: Our fees do not include any applicable sales, use, value-added, or similar taxes. If any taxes are required by law, you are responsible for paying them. For example, if you reside in a state or jurisdiction where services are taxable, we may add the required tax to your billing amount, or you must remit the tax directly. You agree to hold us harmless from any claims or liability for unpaid taxes if we were not properly notified of your tax-exempt status or obligation.

Price Changes: We reserve the right to change the fees for our Services. If we increase prices or introduce new charges, we will provide at least 30 days’ notice via email or posting on our site. Fee changes will apply upon your next renewal term or new purchases after the notice period. If you do not agree with a price change, you may cancel the affected Service before the new price takes effect; continued use of the Service after the effective date constitutes acceptance of the new price.

Refunds: Fees paid are generally non-refundable. For monthly services, we do not offer prorated refunds for mid-month cancellations. For annual or multi-month prepayments, if you cancel early, any refund is at our sole discretion unless otherwise required by law. Certain fees are non-refundable under all circumstances, such as domain registration fees, setup fees, or third-party licensing costs we incur on your behalf. If a specific Service or promotion includes a refund policy (for example, a money-back guarantee period), we will honor that as stated, provided you meet the eligibility terms. Accounts terminated by us for violating these Terms (including our Acceptable Use Policy) are not eligible for refunds or credits.

Disputed Charges: If you believe there is an error or unauthorized charge on your bill, you must contact us in writing (via email to billing@verynet.co) as soon as possible, and no later than 60 days from the billing date, so we can review and correct any mistake. We will not consider billing error claims older than 90 days.

Chargebacks: You agree not to initiate a payment chargeback or reversal with your bank or card issuer without first attempting to resolve the matter with us. Any chargebacks or payment reversals initiated by you for legitimate charges will be considered a breach of this payment agreement. If you initiate a chargeback, we reserve the right to suspend all Services on your account while the matter is investigated. Chargebacks will incur an investigation fee (e.g., $50) to cover our dispute costs. This fee and the original charge must be paid in full before we reactivate your Services (if we choose to reinstate you). We may also refuse future use of certain payment methods on your account after a chargeback incident.

Late Payment: If your payment method is declined or you otherwise fail to pay an invoice by its due date, we will notify you of the failed payment. You will have a grace period of seven (7) days from the original due date to arrange payment before we take further action. During this time, we may attempt additional charges to your payment method or reach out to you for an alternate payment arrangement.

Service Suspension for Non-Payment: If payment is not received within 7 days after the due date, Verynet may suspend your Service. Suspension may include disabling websites, servers, or account access associated with the unpaid service.

Limited Access Downgrade: In the event of continued non-payment beyond the grace period, your account may be downgraded to a limited “test” or “beta” access mode. This means your Services could be restricted such that any hosted websites are offline (inaccessible to the public) and functionality is limited to allow you to export data or test configurations. In this limited mode, your data remains on our system for a short period, but the Services will not operate fully until you reactivate by paying the overdue amount.

Termination for Non-Payment: Accounts more than 14 days past due are considered in default and may be deemed abandoned. At that point, we may terminate the Services and delete all associated data, websites, and content in your account. Data deleted for non-payment may not be recoverable. You agree that Verynet is not responsible for any loss of data due to termination for non-payment, and you are solely responsible for maintaining your own backups (see Section 8). If we terminate for non-payment, all outstanding fees (including the current term’s fees and any applicable late fees or chargeback fees) will remain due and collectible.

Collections: If we cannot obtain payment for overdue fees, Verynet reserves the right to send your account to collections or pursue legal action to recover the amounts owed. You agree to reimburse us for reasonable costs of collection, including collection agency fees, court costs, and attorneys’ fees, as permitted by law.

5. Acceptable Use Policy

You agree to use Verynet’s Services responsibly and for lawful purposes only. Prohibited activities include, but are not limited to, the following:

Illegal or Harmful Content/Activities: You may not use our Services to host, transmit, or engage in content or activities that violate any law or regulation, or that promote illegal activity. This includes material that is defamatory, fraudulent, obscene, harassing, or threatening. You also may not use the Services in a manner that is harmful to others or could subject Verynet to legal liability.

Intellectual Property Infringement: Do not host or share content that infringes the copyrights, trademarks, patents, trade secrets, privacy rights, or other proprietary rights of any person or entity. If you are not the owner of content (e.g., text, images, software) you host with us, you must have the legal right (such as a license or permission) to use it. We will respond to valid Digital Millennium Copyright Act (DMCA) takedown notices and may remove or disable access to allegedly infringing content and/or terminate repeat infringers in accordance with the DMCA.

Offensive or Abusive Content: You may not host pornography that is unlawful or content that exploits or abuses children (such content will be reported to law enforcement). Content that promotes self-harm, violence, terrorism, hate, or discrimination against any group is strictly prohibited. We have zero tolerance for child sexual abuse material (CSAM); any CSAM found will be removed and reported to authorities immediately.

Malware and Security Violations: You must not upload or distribute viruses, worms, Trojan horses, corrupted files, or any other code intended to interfere with or damage the normal operation of the Services or any other users’ software, hardware, or data. Attempts to gain unauthorized access to any systems, networks, or accounts (hacking), or to penetrate or test the vulnerability of our infrastructure without permission, are prohibited.

Spam and Email Abuse: The Services may not be used to send unsolicited bulk emails, spam, chain letters, or run mailing lists that violate applicable anti-spam laws (e.g., CAN-SPAM Act). You also may not use our network or servers to facilitate spam or harvest email addresses. Mass email campaigns are only allowed if expressly permitted under your plan and compliant with law. Verynet reserves the right to filter or throttle emails to maintain server reputation. Violations of our anti-spam rules may result in immediate account suspension.

Resource Abuse: You must use server resources (CPU, memory, bandwidth, storage) within the limits of your hosting plan and in a manner that does not disrupt other customers. Excessive consumption of resources—such as sustained high CPU usage, disk IO, or network traffic that interferes with the normal operation of the server or network—can lead to warnings, resource throttling, or suspension. If your usage needs exceed your plan, please upgrade to a higher plan. We may implement automated systems to prevent activities that overload the system (for example, runaway scripts or DoS attacks), which might limit your usage if triggered.

No Network Attacks or Misuse: You may not use our Services to conduct or forward distributed denial-of-service (DDoS) attacks, port scanning, or any activity used to disrupt or attack the integrity of networks or systems. You also may not use the Services for crypto-mining or other intensive computational tasks unrelated to your web hosting that degrade the service for others (unless you have prior written permission under a specific plan).

Proxies and Re-routing: Operating public proxies, VPN exit nodes, Tor relays, or similar services that allow anonymous or bulk traffic through our servers is prohibited unless explicitly allowed in your plan and only for legal purposes.

Other Prohibited Conduct: Engaging in any conduct that is fraudulent (such as phishing or impersonating others), or any activity that is harmful to our operations or reputation (such as posting false reviews, or using our services in connection with activities that could be seen as offensive or unethical) is not allowed.

Monitoring and Enforcement: We do not routinely monitor the content of user websites or communications, but we reserve the right to investigate suspected violations of this Acceptable Use Policy. Verynet, in its sole discretion, may suspend or terminate Services (with or without notice) for any content or conduct that we believe violates these Terms or is otherwise outside the “spirit” of acceptable use. We may remove or disable access to any material that we determine to be unlawful, harmful, or in violation of this policy, without any liability to you. In most cases – except those involving serious threats, illegal content, or urgency – we will attempt to notify you and give you an opportunity to cure the violation before taking action. However, in cases of egregious or repeated violations, or failure to promptly cooperate with our inquiries, we may suspend or terminate your account immediately.

Abuse Complaints: If we receive a complaint or notice (for example, from law enforcement, an affected third party, or through our abuse report form) that your use of the Services is violating this policy or someone’s rights, we will notify you (if feasible and lawful) and ask for your prompt response and resolution. You are required to respond to any abuse complaint or notice from us within the time frame specified (we typically require response within 24–48 hours, depending on severity). Failure to respond or to take corrective action may result in suspension or termination of Services.

Reporting Violations: If you become aware of any violation of this Acceptable Use Policy by any user, please report it immediately to abuse@verynet.co or via our website’s abuse reporting form. Provide as much detail as possible, such as URLs, logs, and descriptions of the violating content or conduct, so we can investigate.

6. User Content and Data

Your Content: As a hosting and services provider, Verynet does not own the content, websites, or data that you or your end users create or store using our Services. You retain all ownership rights to your website files, databases, and other content (“User Content”) that you upload or use with our Services. By using our Services to host or process User Content, you grant Verynet a worldwide, non-exclusive, royalty-free license to use, reproduce, modify (e.g., for backup or optimization), display, and distribute your content as needed to provide the Services to you. This license is solely for the purpose of operating or improving the Services and fulfilling our obligations (for example, copying your files to backup servers, or moving data across data centers for redundancy).

Content Responsibility: You are solely responsible for all User Content on your account or any content that visitors or users of your websites post or store (including comments, uploaded files, etc.). Verynet does not control or actively monitor the content you host, and we do not claim any ownership over it. However, by hosting content through our Services, you warrant that: (i) you either own the content or have obtained all necessary rights to use it, and to grant us the license above; and (ii) your content (and our hosting of it) will not violate any laws or infringe any third-party rights.

Prohibited Content: If your content is found to violate our Acceptable Use Policy (Section 5) or any law, we may remove or disable it. You agree to indemnify and hold Verynet harmless from any claims arising out of your content (see Section 12 on Indemnification). While we do not pre-screen material, we reserve the right to remove any content that we determine is unlawful, offensive, or violates these Terms, at our discretion.

Backups of Content: You are required to maintain independent backups of your User Content and data. Verynet performs regular system or server-level backups for operational integrity, but we do not guarantee that any specific User Content will be backed up or recoverable in the event of data loss. It is essential that you back up your files and data offline or to an external location to protect against unexpected loss. You acknowledge that any backups we may carry out (e.g., nightly server snapshots) are intended for our disaster recovery operations, and not specifically for individual customer data restoration. We will try to assist in restoring data from our backups in the event of a server failure, but we disclaim all liability for loss of content or failure to restore the most recent data. Maintaining up-to-date backups is your responsibility.

Plesk and Managed Panels: If your service plan includes access to a Plesk control panel or a similar management interface, be aware that these systems log user actions and usage information. Activities such as logins, configuration changes, and resource usage may be recorded. We use these logs for support, security tracking, and system improvement. You should use caution when granting panel access to others – you are responsible for actions taken in your control panel by anyone you authorize.

Managed WordPress and Applications: If Verynet is managing a WordPress site or custom application for you, we may install certain plugins or monitoring tools to collect performance and usage data (e.g., uptime monitors, analytics to see page load times, error logs). This data helps us ensure your site runs smoothly and may include technical information about site traffic or system health. Such data collection will be consistent with our Privacy Policy, and we will not use it for any purpose outside of maintaining and improving your service.

Removal upon Termination: Upon account termination (whether by cancellation or breach), we typically delete or otherwise render inaccessible all User Content stored on our servers for your account, after any retention period described in Section 9 (Data Retention in Privacy Policy) or as required by law. It is your responsibility to secure and download your content before termination. We are not responsible for retaining your data after termination and may not be able to recover it once deleted.

7. Intellectual Property and Ownership

Verynet’s Property: All software, technology, designs, trademarks, trade names, logos, and other intellectual property provided by Verynet as part of the Services are and remain the exclusive property of Verynet or our licensors. You are granted a limited, revocable, non-exclusive, non-transferable license to use our software and systems solely for the purpose of using the Services as intended. You may not reverse-engineer, copy, distribute, or create derivative works from our software or intellectual property except as permitted by us or by law.

Feedback: If you provide feedback, suggestions, or ideas about our Services (“Feedback”), we may use the Feedback without restriction or compensation to you. By submitting Feedback, you grant us a perpetual, sublicensable license to use and incorporate it into our products or services, and you acknowledge that any improvements or modifications resulting from it are our exclusive property.

Client Materials for Development Services: In cases where Verynet is performing custom development or design work for you, any pre-existing materials you provide (logos, text, images, code, etc.) remain your property or your licensors’ property. You grant us a license to use those materials as needed to complete the project. The deliverables and intellectual property ownership of custom development work will be as specified in a separate agreement or work order. If not specified, you will receive a license to use the deliverables for your intended purpose, while Verynet retains the right to reuse generic code or components (excluding your confidential or proprietary business logic) in other projects.

Third-Party Software and Licenses: Some Services may include third-party software or open-source components (for example, WordPress, Plesk, or other libraries). Your use of these components is subject to their own license terms. For instance, WordPress is provided under the GPL license (open source), and Plesk has a proprietary license that Verynet maintains for providing it to you. You agree to abide by all such licenses. We are not liable for any third-party software’s performance or security, but we will apply updates and patches as part of managed services when appropriate. If a third-party licensor requires us to suspend or terminate use of their software for legal reasons (e.g., license violation or infringement claim), we may do so with notice to you.

8. Data Security and Privacy

Security Measures: Verynet takes reasonable administrative, physical, and technical measures to secure our systems and your data against unauthorized access or loss. This includes using firewalls, encryption for data in transit (e.g., SSL for websites and control panels), and regular security updates on our servers. However, no hosting environment is 100% secure. You understand that using our Services involves transmission of your data over the internet and that no method of storage or transmission is completely secure. Therefore, we cannot guarantee absolute security of your data.
Your Security Obligations: You are responsible for using secure practices, such as keeping your passwords confidential, using secure protocols (SFTP, HTTPS) for data transfer, and updating the software (like your web applications, WordPress plugins, etc.) that you install on your hosting account. If you operate an e-commerce site or collect personal data via our Services, you should implement SSL encryption and other industry-standard protections for your users.
If we detect that your account or website has been compromised (for example, infected with malware or involved in attacks on others), we will notify you and may take immediate action such as isolating or suspending the affected services to protect our network. You are expected to promptly cooperate in cleaning up any security issues (e.g., removing malware, updating vulnerable software). We may offer assistance or security services at our discretion, but the ultimate responsibility for securing your websites and applications lies with you.
Privacy Policy: Our Privacy Policy (attached below or accessible on our website) describes how we collect, use, and disclose information from users. By agreeing to these Terms or using our Services, you also agree to the terms of the Privacy Policy. Particularly, you acknowledge that Verynet will collect some personal data (such as contact details and analytics data) and use it as described in the Privacy Policy, including the use of third-party analytics and tracking tools (like Google Analytics, Facebook Pixel, etc.) on our website or services. You are responsible for posting an adequate privacy policy on your own websites if required (for instance, if you run a website on our hosting that collects personal data or uses cookies, you must provide proper notice and obtain any necessary consents from your visitors, as required by law).
GDPR/Privacy Compliance for Your Content: If you use our Services to process personal data of third parties (for example, hosting a website that collects user information), you are the data controller for that data and responsible for complying with all applicable data protection laws (such as the EU General Data Protection Regulation or similar laws). Verynet acts as a data processor or service provider in providing hosting and infrastructure, and we will treat user data in accordance with our Data Processing Agreement (available upon request) and standard privacy practices. You must obtain any necessary consents and provide required notices for the personal data you collect on your websites. Verynet is not responsible for your obligations under privacy laws in relation to the data you collect; we simply provide the tools (hosting platform) for you to use.
Confidentiality: We will treat your private content and communications on the Services as confidential, and will not disclose them to law enforcement or other third parties without your consent except: (a) as needed for us to comply with valid legal process or regulatory requirements; (b) if necessary to enforce these Terms or defend our rights; or (c) to protect the safety, rights, or property of Verynet, our customers, or the public. Our staff may access your data on a need-to-know basis for the provisioning of Services (for example, when you request support that requires accessing your server settings). We maintain internal policies to safeguard against unauthorized staff access to customer data.

9. Suspension and Termination

By Customer (Cancellation): You may cancel your Services at any time via your account control panel or by contacting us (subject to any cancellation notice procedures we specify). If you cancel, you will typically retain access to the Service until the end of the current billing period that you’ve paid for, unless you request an immediate termination or we decide to terminate sooner for security reasons. No pro-rated refunds will be provided for the remaining period except at our discretion or if otherwise stated in a money-back guarantee offer (see Section 4 on refunds). Be aware that cancelling a hosting service will result in your content being taken offline, and ultimately deleted (we may, but are not obligated to, retain backups for a short period post-cancellation, but it’s your responsibility to have your own backup). If you wish to transfer a domain registered through us to another provider upon cancellation, make sure to do so before the domain’s expiration or before the hosting account is closed.
By Verynet (Suspension or Termination): We reserve the right to suspend or terminate your access to Services, in whole or in part, for any of the following reasons:
Violations: You violate these Terms of Service or any incorporated policies (including the Acceptable Use Policy or Privacy Policy). Depending on severity, we may suspend service to give you an opportunity to cure the violation, or terminate immediately for serious breaches.
Non-Payment: As detailed in Section 4, failure to pay fees when due can result in suspension and eventual termination of service.
Security Threats: Your Service is causing or is likely to cause harm to our infrastructure or other customers (for example, if your account is hacked and sending out malware or DDoS traffic, or if a script on your site is consuming excessive resources). We may suspend first and notify you, and if the issue is not promptly resolved, we may terminate.
Legal Exigency: We are obligated to comply with a law enforcement demand (e.g., a court order to take down certain content) or we receive notice of illegal content or activity on your account. In such cases, we may suspend or terminate as required by law. If allowed, we will inform you of the action taken.
End of Service or Other Business Reasons: We may terminate the Services or this agreement if we discontinue a particular Service or if providing it to you becomes impractical or impossible, but in such cases we will give you as much notice as reasonably possible (for example, if we decide to shut down a specific server or service offering, we’d notify and attempt to migrate you to an alternative service or provide a prorated refund for any unused period).
In any case of termination by us (other than for breach by you), we will refund any prepaid fees for the remaining term on a prorated basis. If termination is due to your breach of these Terms or unlawful conduct, we will not be obligated to refund you (and in such cases, we may charge you for reasonable costs we incur due to the breach, if applicable).

Effect of Termination: Upon termination or expiration of your Services, we will cease providing the Services, and your data and content will be permanently deleted or erased from our systems (unless we are required by law to retain it for a longer period, or it has been stored in backups – which will eventually be purged according to our data retention schedule). It is your responsibility to secure or transfer your data before cancellation or termination. We are not liable for any data loss due to termination. Additionally, you must immediately stop using any provided software or credentials that were tied to the Service (for example, if a software license was provided as part of hosting, it will no longer be valid). Any rights or licenses granted to you by Verynet end at termination.

Certain sections of these Terms survive termination. All provisions regarding limitation of liability, indemnification, payment obligations (for amounts owed), dispute resolution, and any licenses or usage rights granted to us (such as the right to use Feedback or to host your content as needed to perform these Terms) shall survive termination to the extent applicable.

10. Disclaimers of Warranty

“As Is” Service: Verynet’s Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the maximum extent permitted by law, Verynet disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will meet your specific requirements, achieve any intended results, or operate uninterrupted, secure, or error-free. We make no guarantee of any particular uptime or availability, although we strive to provide a reliable service.

No Oral or Written Information or advice given by any representative of Verynet shall create any warranty. You acknowledge that computer and telecommunication systems are not fault-free and occasional downtime or other errors may occur. Any data or content downloaded or obtained through the use of the Services is accessed at your own discretion and risk; you are solely responsible for any damage or loss that results from such actions.

Specific Disclaimers: Without limiting the above:

No Liability for Third-Party Services: We offer integrations and may resell third-party services (like domain registrations, SSL certificates, or software licenses) for your convenience, but we do not warrant those third-party offerings. Any issues or warranties relating to third-party products are between you and the third-party provider. For example, if a domain registrar fails to register or renew a domain in a timely manner, our liability is limited as per these Terms; we do not accept liability beyond facilitating the request.

Development and Consulting Services: If we provide consulting or development, we will do so in a professional manner, but we do not guarantee that any advice, recommendation, or custom solution will achieve particular outcomes for your business. Any timelines or project milestones are estimates; delays can occur. We disclaim warranties for fitness of custom-developed software for purposes not specified in the project scope.

No Hosting of Protected Data: Our standard hosting services are not HIPAA compliant or certified for handling other forms of highly sensitive data (such as credit card data outside a proper payment gateway, or government classified information). We provide general-purpose web infrastructure and do not specialize in compliant environments for regulated data unless explicitly stated. You should not use our Services to store or transmit sensitive personal information (like health records, Social Security numbers, payment card numbers, etc.) unless you have obtained our explicit written consent and perhaps entered a specialized agreement.

Jurisdictional Limits on Disclaimers: Some jurisdictions do not allow the exclusion of certain warranties. If an implied warranty cannot be disclaimed under applicable law (for instance, certain consumer rights under state law), then to the extent permissible, the duration of such implied warranty is limited to 30 days from the start of your use of the Service (unless a shorter period is required or a longer period is mandatory by law).

11. Limitation of Liability

To the fullest extent permitted by law, Verynet LLC and its owners, officers, employees, and agents (the “Verynet Parties”) shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for lost profits or revenues, lost business or goodwill, lost or corrupted data, service interruption, computer damage, or any other intangible losses arising out of or related to the use or inability to use the Services. These exclusions apply whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not Verynet has been informed of the possibility of such damages.

No Liability for Data Loss or Service Interruptions: Verynet specifically is not liable for any data that is lost, corrupted, or rendered inaccessible through use of our Services or for failure to backup or restore such data. You acknowledge that you are responsible for backing up your data and content (see Section 6), and you agree we have no liability for any deletion, loss, or failure to store any of your content on the Services. We are also not liable for any delay or failure in performance of the Services resulting from any cause beyond our reasonable control (force majeure events, as described later in this section).

Cap on Liability: In no event shall the aggregate liability of the Verynet Parties for all claims arising out of or relating to these Terms or the Services exceed the amount you paid Verynet for the Service in the one (1) month immediately prior to the event giving rise to the claim. For example, if the event causing damage occurred mid-month, our maximum liability would be the fees you paid for that current monthly period (or for one month’s worth of service if you pay annually). If no fee was paid (for instance, if you are using a free service or trial), our liability for that claim is $0. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

Where multiple claims are asserted by you arising from the same service or circumstances, they shall be aggregated for the purposes of this cap. The existence of multiple services or separate agreements with you will not enlarge the cap; liability is limited to the amount paid for the specific Service at issue.

Exceptions: The limitations and exclusions of liability in this section shall apply to the maximum extent permitted by applicable law. Certain jurisdictions do not allow the exclusion or limitation of certain damages (for example, some do not allow the limitation of liability for personal injury or for gross negligence, or may not allow the exclusion of incidental or consequential damages in some contexts), so some of the above limitations may not apply to you. In such cases, Verynet’s liability will be limited to the smallest amount of liability that the law permits. Nothing in these Terms is intended to exclude or restrict any liability that cannot be limited by law, such as liability for death or personal injury caused by our gross negligence or willful misconduct, or liability for our own fraud.

Risk Allocation: Each part of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks between the parties under these Terms. This allocation is a fundamental part of the bargain between you and Verynet. The fees for Services would be higher if we had to assume greater risk. You agree that these limitations shall apply even if any limited remedy fails of its essential purpose.

12. Addition to Disclaimer of Warranties and Limitation of Liability

You expressly agree that your use of the services provided by Verynet LLC is at your sole risk. The services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the services will be error-free, uninterrupted, or secure.

To the fullest extent permitted by law, Verynet LLC disclaims all liability for any damages, losses, or claims arising from or in connection with your use of, or inability to use, the services. This includes, without limitation, any direct, indirect, incidental, special, consequential, or punitive damages; loss of data, profits, goodwill, or business opportunities; and damages arising from hacking, server failure, network interruptions, or unauthorized access to your content, even if Verynet LLC has been advised of the possibility of such damages.

In the event that Verynet LLC is found liable under any circumstance, the total cumulative liability shall be limited to the total fees paid by you to Verynet LLC in the immediately preceding one (1) month period. If you have not paid any fees, you agree that you are using the services as a beta tester or evaluation user, and you waive any right to damages or legal claims to the maximum extent allowed by law.

You acknowledge that you are solely responsible for maintaining independent backups of your website and associated data, and that Verynet LLC shall have no liability for lost or unrecoverable data due to system failure, hacking, human error, or any other cause.

13. Indemnification

You agree to defend, indemnify, and hold harmless Verynet LLC and its affiliates, and each of their respective employees, officers, directors, agents, and contractors (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to any third-party claims or government investigations due to: (a) your use of the Services, (b) your User Content or any materials you or your end users submit, post, or transmit through our Services, (c) your violation of these Terms or of any applicable law or regulation, (d) your infringement or misappropriation of any intellectual property or other rights of any person, or (e) any actual or alleged negligent or willful misconduct by you or by anyone using your account with or without your permission.
For example, you will indemnify us if a third party sues or demands compensation from Verynet because content on your website violated their copyright or because an email campaign you sent using our Services violated anti-spam laws. Another example is if you run an online store on our hosting and a data breach occurs on your site due to your failure to secure it, leading to claims – you would indemnify us against those claims.

Indemnification Procedure: We will promptly notify you of any such claim and provide reasonable cooperation (at your expense) in the defense. You must use counsel reasonably acceptable to us to defend any claim, and you must not settle a claim without our prior written consent if the settlement would require us to admit fault, pay any amounts, or take or refrain from taking any action (such consent not to be unreasonably withheld). We reserve the right, at our option and expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of the claim. Your obligation to indemnify covers claims whether they are meritorious or not, provided that we tender defense to you; however, in the event any claim is later found to be solely due to our own breach of these Terms or willful misconduct, then we will not be entitled to indemnification for that portion of the claim.

This indemnification obligation shall survive any termination or expiration of the Agreement or your use of the Services.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – it affects your legal rights by requiring arbitration of disputes (with limited exceptions), and a waiver of the right to jury trial or to participate in class actions.

14.1 Informal Resolution

We value our relationship with you and strive to resolve any concerns through our support and customer service teams. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you agree to first try to resolve the issue informally by contacting us at contact@verynet.co and providing a written description of your dispute, including any relevant facts and what relief you seek. We will make a good faith effort to respond and resolve the dispute informally. If the dispute is not resolved within 30 days from the date you submit your written dispute (or such longer time as we may mutually agree), either party may then proceed to seek resolution via the arbitration process outlined below.

14.2 Binding Arbitration

Agreement to Arbitrate: Except for the exceptions stated in Section 13.3 below, you and Verynet agree that all disputes and claims between us shall be resolved by binding arbitration on an individual basis. This includes, but is not limited to, any claims arising out of or relating to these Terms, the Services, any aspect of the relationship between us, or the termination of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You understand and agree that by entering into this arbitration agreement, both you and Verynet are waiving the right to a trial by jury or to participate in a class action lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, can be less formal than court, and is subject to limited review by courts.

Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the Services for personal or small business use) or Commercial Arbitration Rules (if you are using the Services for a primarily commercial purpose and meet the AAA’s definitions for such) in effect at the time the arbitration is initiated, except as modified by this Section. You can find information about AAA and its rules at www.adr.org. If AAA is unavailable or unwilling to handle the dispute, the parties shall agree on an alternative arbitral forum; if we cannot agree, a court may appoint an arbitrator under 9 U.S.C. §5.

Arbitration Process: To initiate arbitration, the complaining party must send the other party a written Notice of Arbitration. The Notice to Verynet should be sent to our registered agent or legal contact address (you may email legal@verynet.co to request the current appropriate address for legal notices), and must describe the nature of the claim and the relief sought. If we initiate arbitration, we will send a Notice to the email and any physical address we have on file for you. The arbitration shall be conducted by a single arbitrator, who shall be an attorney licensed to practice law in Colorado or a retired judge. The arbitrator will apply the substantive law of the State of Colorado (or federal law, where applicable) and honor claims of privilege recognized at law.

Location and Procedure: You may choose for the arbitration to be conducted either: (a) in the Denver, Colorado metropolitan area; (b) via telephone or video conference; or (c) based solely on written submissions. The arbitrator will make a decision in writing (with a brief statement of reasons, if either party requests). The arbitrator must follow these Terms and can award the same individualized damages and relief as a court (including injunctive relief or statutory damages to the extent required), but may not award relief on behalf of anyone who is not a party. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your arbitration filing fees for claims totaling less than $5,000 unless the arbitrator determines your claims are frivolous or brought in bad faith. Likewise, Verynet will not seek attorneys’ fees or costs in arbitration unless the arbitrator finds that your claims or demands were frivolous or brought to harass. If the arbitrator finds that the costs of arbitration will be prohibitive compared to litigation, we will pay as much of the administrative fees as necessary for the arbitrator to proceed.
Confidentiality: The arbitration proceedings and decision shall be confidential, except to the extent necessary to enforce the award or as required by law.

14.3 Exceptions to Arbitration

Small Claims & Injunctive Relief: Either party may choose to bring an individual action in a U.S. state small claims court (for disputes within that court’s jurisdictional limit), instead of proceeding in arbitration. This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf. In addition, either you or Verynet may seek injunctive relief in a court of competent jurisdiction for misuse of intellectual property (such as trademark infringement, unauthorized use of our services to distribute pirated content, or unauthorized access to computer systems), since in such cases a temporary restraining order or injunction is appropriate to prevent immediate harm.

Opt-Out Right: New customers only: You have the right to opt out of the binding arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt out to legal@verynet.co or to our physical mailing address (Attn: Legal/Arbitration Opt-Out) within 30 days of first accepting these Terms (for example, the date you first create an account or use our Services after these Terms go into effect). The opt-out notice must include your name, address, the email of your account, and an unambiguous statement that you wish to opt out of arbitration. If you opt out of this arbitration provision, any disputes will instead be resolved in court as set forth in Section 14 (Governing Law and Venue), and you will not be able to invoke this arbitration agreement as to us either. Opting out of arbitration will not affect any other sections of these Terms, including this Dispute Resolution section with respect to the waiver of class actions (which you are not allowed to opt out of except by not agreeing to these Terms).

14.4 Waiver of Class Actions

Class Action Waiver: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis only, and not on a class or collective basis. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may award relief (including declaratory or injunctive relief) only on an individual basis, and only to the extent necessary to redress that party’s individual claim.

If a court of competent jurisdiction finds this class action waiver unenforceable or void with respect to a particular claim or request for relief (such as a request for public injunctive relief), then this arbitration agreement shall be deemed not to apply to that claim or request, and the claim/request shall be severed from the arbitration and may proceed in court. All other claims will remain subject to arbitration.

14.5 Severability of Arbitration Terms

Except as provided in the Class Action Waiver above, if any portion of this Section 13 is found to be invalid or unenforceable, that portion shall be severed and the remaining provisions shall remain in full force and effect. In the event the entire arbitration clause is found unenforceable, or you validly opt-out as described above, then Section 14 (Governing Law and Jurisdiction) below will govern any disputes that would otherwise be subject to arbitration.

15. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to them or the Services will be governed by the laws of the State of Colorado, United States of America, and applicable federal U.S. law, without giving effect to any conflict of law principles that would result in the application of the laws of a different jurisdiction. The parties expressly agree that the Uniform Computer Information Transactions Act (UCITA) or any similar laws do not apply to these Terms, even if adopted in Colorado or elsewhere.

Jurisdiction and Venue: Subject to the arbitration provision above, you agree that any non-arbitrable lawsuits or court proceedings (e.g., if you opt out of arbitration or a claim falls under an exception allowing court action) shall be brought exclusively in the state or federal courts located in the State of Colorado. You consent to the personal jurisdiction of such courts and waive any objections (including objections based on inconvenience) to jurisdiction or venue in Colorado.

If for any reason a claim proceeds in court rather than in arbitration, you and Verynet each waive any right to a jury trial.

Government Contracts: The Services provided are commercial in nature. If you are a U.S. Government end user, our Services are provided as “Commercial Items” as that term is defined at 48 C.F.R. §2.101, and with only those rights as are provided to all other users pursuant to these Terms.

16. Miscellaneous Provisions

Entire Agreement: These Terms (including the Privacy Policy and any other policies or guidelines incorporated by reference) constitute the entire agreement between you and Verynet regarding the Services, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Any terms or conditions you send us (for example, as terms on a purchase order) have no effect, and are not binding on us.

Amendments: We may modify these Terms as described in the Introduction. Aside from updates made by Verynet as allowed herein, any amendment to these Terms by you must be in writing and signed by our authorized representative.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If we do expressly waive any provision of these Terms in a particular situation, that waiver does not imply a waiver in any other situation or a continuing waiver.

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, void, or unenforceable, then that provision will be deemed severed from these Terms, and the remaining provisions will remain in full effect, except as provided in Section 13 regarding class action waivers.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without consent will be null and of no effect. Verynet may assign or transfer this agreement or any rights or obligations hereunder freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties: You and Verynet are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between us. Neither party has authority to contract for or bind the other in any way.

Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to this Agreement. Your end users are not third-party beneficiaries to your obligations under these Terms.

Force Majeure: Verynet will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from any cause or causes beyond our reasonable control. Such causes may include (without limitation) acts of God, acts of government or regulatory authorities, natural disasters (e.g., fire, flood, earthquakes), epidemics or pandemics, war, terrorism, civil unrest, embargoes, strikes or other labor disputes, internet or power outages, cyber-attacks that are not the result of our failure to take reasonable security measures, or failures of third-party infrastructure (such as data center, network, or telecommunications failures). In such cases, our obligations will be suspended for the duration of the event. We will make reasonable efforts to mitigate the effects of any force majeure event and resume full performance as soon as feasible.

Export Compliance: You represent and warrant that your use of the Services will comply with all applicable export control and sanctions laws. You are not located in, under the control of, or a national or resident of any country or region subject to U.S. trade sanctions or embargo (including, for example, Cuba, North Korea, Iran, Syria, or the Crimea region) and you are not on any U.S. government list of prohibited or restricted parties (such as the Treasury Department’s list of Specially Designated Nationals). You may not use the Services for the benefit of any entity or person subject to U.S. sanctions. If it comes to our attention that you are in violation of this section, we may terminate your account immediately.

Notices: Verynet may provide notices to you under these Terms by email to the email address associated with your account, by postal mail to any address you have provided, or by posting on our website or customer portal. You are responsible for keeping your contact information current. Notices to us should be sent via email to contact@verynet.co unless a specific type of notice is required to be given via another method (e.g., legal service or indemnification claims may require physical mail; arbitration opt-out via physical mail as stated above). Email notices are deemed received on the day sent if no bounce-back is received; postal notices are deemed received 5 business days after mailing.

Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. “Including” means “including without limitation,” and similar terms should be interpreted non-exclusively. These Terms will not be construed against the drafter.

Interpretation and Construction: These Terms of Service have been reviewed and accepted by you and are deemed to be the result of arms-length negotiation between you and Verynet LLC. Accordingly, any rule of construction that ambiguities are to be resolved against the drafting party shall not apply to these Terms of Service.

In the event any provision of this Agreement is deemed ambiguous, unenforceable, or open to multiple interpretations, you agree that such provision shall be interpreted in a manner that favors the enforceability and intent of Verynet LLC, to the maximum extent permitted by applicable law.
By using or continuing to use the Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you have any questions or need clarification, please contact us at contact@verynet.co.