Terms of Service

VTech Direct, L.L.C. Terms Of Services

This Terms of Ser­vices (“TOS”) is made between VTech Direct, L.L.C. (“Com­pany”) , and the Cus­tomers (“Cus­tomers”) as stated in this Agree­ment and our AUP (Accept­able Use Pol­icy) and our Refund Pol­icy.

For all pur­poses in this Agree­ment, the fol­low­ing def­i­n­i­tions shall apply:

“Com­pany” shall mean VTech Direct, L.L.C.

“Web­site” shall mean vtechdirect.com

“Cus­tomers” shall mean all VTech Direct, L.L.C. customers.

“Ser­vices” shall mean any and all ser­vices pro­vided by VTech Direct, L.L.C. This includes our Host­ing Plans, Domain Reg­is­tra­tion and any other cur­rent and new ser­vices that VTech Direct, L.L.C. provides.

“Mem­ber­ship” shall mean any Web Host­ing Ser­vices pro­vided by VTech Direct, L.L.C. and/or eMarkHosting.com.

LICENSE AGREEMENT BETWEEN USER AND VTech Direct, L.L.C.

1. ACCEPTANCE OF TERMS
This Web­site is offered to you con­di­tioned on your accep­tance with­out mod­i­fi­ca­tion of the terms, con­di­tions, and notices con­tained herein. Your use of our ser­vices con­sti­tutes your agree­ment to all such terms, con­di­tions, and notices.

2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web­site is for your per­sonal and non-commercial use. You may not mod­ify, copy, dis­trib­ute, trans­mit, dis­play, per­form, repro­duce, pub­lish, license, cre­ate deriv­a­tive works from, trans­fer, or sell any infor­ma­tion, soft­ware, prod­ucts or ser­vices obtained from this Website.

3. DESCRIPTION OF SERVICE
VTech Direct, L.L.C. cur­rently pro­vides users with access to a rich col­lec­tion of on-line resources and infor­ma­tion includ­ing forums, amongst other things (the “Ser­vices”). Unless explic­itly stated oth­er­wise, any new fea­tures that aug­ment or enhance the cur­rent Ser­vices, includ­ing the release of new VTech Direct, L.L.C. resources, shall be sub­ject to the Terms of Ser­vice. In order to use the Ser­vice, you must obtain access to the World Wide Web, either directly or through devices that access web-based con­tent, and pay any ser­vice fees asso­ci­ated with such access. In addi­tion, you must pro­vide all equip­ment nec­es­sary to make such con­nec­tion to the World Wide Web, includ­ing a com­puter and modem or other access device.

4. PRIVACY POLICY
Pur­suant to VTech Direct, L.L.C.‘s Pri­vacy Pol­icy, we may dis­close to third par­ties cer­tain aggre­gate infor­ma­tion con­tained in your Reg­is­tra­tion Data or related data, pro­vided that, such infor­ma­tion will NOT include per­son­ally iden­ti­fy­ing infor­ma­tion, except as specif­i­cally autho­rized by you or in the good faith belief that such action is rea­son­ably nec­es­sary to com­ply with the law, legal process, to enforce the Terms of Ser­vice, or under any of the other cir­cum­stances set forth in our pri­vacy pol­icy, as may be amended from time to time.

5. TERMINATION AND ACCESS RESTRICTION
You agree that VTech Direct, L.L.C., in its sole dis­cre­tion, may ter­mi­nate your pass­word, Mem­ber­ship, use of the Ser­vices, and remove and dis­card any con­tents within the Ser­vices, for any rea­son, includ­ing, with­out lim­i­ta­tion, for lack of use or if VTech Direct, L.L.C. believes that you have vio­lated or acted incon­sis­tently with the let­ter or spirit of the Terms of Ser­vice. VTech Direct, L.L.C. may also in its sole dis­cre­tion and at any time dis­con­tinue pro­vid­ing the Ser­vice, or any part thereof, with or with­out notice. You agree that any ter­mi­na­tion of your access to the Ser­vice under any pro­vi­sion of this Terms of Ser­vices may be effected with­out prior notice, and acknowl­edge and agree that VTech Direct, L.L.C. may imme­di­ately deac­ti­vate or delete your Mem­ber­ship and all related infor­ma­tion and files in your Mem­ber­ship and/or bar any fur­ther access to such files or the Ser­vices. Fur­ther, you agree that VTech Direct, L.L.C. shall not be liable to you or any third-party for any ter­mi­na­tion of your access to the Ser­vice. VTech Direct, L.L.C. reserves the right to deny in its sole dis­cre­tion any user access to this eMarkHosting.com or any por­tion thereof with­out notice.

6. ADVERTISEMENTS AND PROMOTIONS
VTech Direct, L.L.C. runs adver­tise­ments and pro­mo­tions. By access­ing VTech Direct, L.L.C., you agree that VTech Direct, L.L.C. has the right to run such adver­tise­ments and pro­mo­tions. The man­ner, mode and extent of adver­tis­ing by VTech Direct, L.L.C. is sub­ject to change. Your cor­re­spon­dence or busi­ness deal­ings with, or par­tic­i­pa­tion in pro­mo­tions of, adver­tis­ers found on or through the Ser­vice, includ­ing pay­ment and deliv­ery of related goods or ser­vices, and any other terms, con­di­tions, war­ranties or rep­re­sen­ta­tions asso­ci­ated with such deal­ings, are solely between you and such adver­tiser. You agree that VTech Direct, L.L.C. shall not be respon­si­ble or liable for any loss or dam­age of any sort incurred as the result of any such deal­ings or as the result of the pres­ence of such adver­tis­ers on the Service.

7. MEMBER CONDUCT
As a con­di­tion of your use of this Web­site, you war­rant to VTech Direct, L.L.C. that you will not use this Web­site for any pur­pose that is unlaw­ful or pro­hib­ited by these terms, con­di­tions, and notices.

This Web­site con­tains forums, and/or other mes­sage or com­mu­ni­ca­tion facil­i­ties (col­lec­tively, “Com­mu­ni­ties”), you agree to use the Com­mu­ni­ties only to send and receive mes­sages and mate­r­ial that are proper and related to the par­tic­u­lar Forum. By way of exam­ple, and not as a lim­i­ta­tion, you agree that when using a Com­mu­nity, you will not:

(a) Defame, abuse, harass, stalk, threaten or oth­er­wise vio­late the legal rights (such as rights of pri­vacy and pub­lic­ity) of other members.

(b) Post unnec­es­sary threads known as spam­ming to gain increase in total num­ber of posts.

© Com­pare and give untruth­ful remarks about other website(s) and/or forums.

(d) Pub­lish, post, upload, dis­trib­ute or dis­sem­i­nate any inap­pro­pri­ate, pro­fane, defam­a­tory, infring­ing, obscene, inde­cent or unlaw­ful topic, name, mate­r­ial or information’s.

(e) Imper­son­ate any per­son or entity, includ­ing, but not lim­ited to, an VTech Direct, L.L.C. offi­cial, forum mod­er­a­tor, admin, or falsely state or oth­er­wise mis­rep­re­sent your affil­i­a­tion with a per­son or entity.

(f) Upload files that con­tain soft­ware or other mate­r­ial pro­tected by intel­lec­tual prop­erty laws (or by rights of pri­vacy of pub­lic­ity) unless you own or con­trol the rights thereto or have received all nec­es­sary consents.

(g) Upload files that con­tain viruses, cor­rupted files, or any other sim­i­lar soft­ware or pro­grams that may dam­age the oper­a­tion of another’s computer.

(h) Upload, post or oth­er­wise trans­mit any Con­tent that infringes any patent, trade­mark, trade secret, copy­right or other pro­pri­etary rights of any party.

(i) Upload, post or oth­er­wise trans­mit any Con­tent that you do not have a right to trans­mit under any law or under con­trac­tual or fidu­ciary rela­tion­ships (such as inside infor­ma­tion, pro­pri­etary and con­fi­den­tial infor­ma­tion learned or dis­closed as part of employ­ment rela­tion­ships or under nondis­clo­sure agreements);

(j) Adver­tise or offer to sell any goods or ser­vices for any com­mer­cial purpose.

(k) Con­duct or for­ward sur­veys, con­tests, pyra­mid schemes or chain letters.

(l) Down­load any file posted by another user of a Forum that you know, or rea­son­ably should know, can­not be legally dis­trib­uted in such manner.

(m) Fal­sify or delete any author attri­bu­tions, legal or other proper notices or pro­pri­etary des­ig­na­tions or labels of the ori­gin or source of soft­ware or other mate­r­ial con­tained in a file that is uploaded.

(n) Restrict or inhibit any other user from using and enjoy­ing the Communities.

(o) Pro­mote or pro­vide instruc­tional infor­ma­tion about ille­gal activ­i­ties, pro­mote phys­i­cal harm or injury against any group or indi­vid­ual, or pro­mote any act of cru­elty to ani­mals. This may include, but is not lim­ited to, pro­vid­ing instruc­tions on how to assem­ble bombs, grenades and other weapons, and cre­at­ing “Crush” websites.

℗ “Stalk” or oth­er­wise harass another member.

(q) Col­lect or store per­sonal data about other users , with­out lim­it­ing to email, mail­ing address.

8. INDEMNITY
You agree to indem­nify and hold VTech Direct, L.L.C., and its sub­sidiaries, affil­i­ates, offi­cers, agents, co-branders or other part­ners, and employ­ees, harm­less from any claim or demand, includ­ing rea­son­able attor­neys’ fees, made by any third party due to or aris­ing out of your con­tents, your use of the Ser­vice, your con­nec­tion to the Ser­vice, your vio­la­tion of the Terms of Ser­vice, or your vio­la­tion of any rights of another.

9. CENSORSHIP
VTech Direct, L.L.C. has no oblig­a­tion to mon­i­tor the Forums. How­ever, VTech Direct, L.L.C. reserves the right at all times to dis­close any infor­ma­tion as nec­es­sary to sat­isfy any applic­a­ble law, reg­u­la­tion, legal process or gov­ern­men­tal request, or to edit, refuse to post or to remove any infor­ma­tion or mate­ri­als, in whole or in part, in VTech Direct, L.L.C.’s sole discretion.

VTech Direct, L.L.C. does not con­trol the Con­tent posted via the Ser­vice and, as such, does not guar­an­tee the accu­racy, integrity or qual­ity of such Con­tent. You under­stand that by using the Ser­vice, you may be exposed to Con­tent that is offen­sive, inde­cent or objectionable.

VTech Direct, L.L.C. does not con­trol or endorse the con­tent, mes­sages or infor­ma­tion found in any Forums and, there­fore, VTech Direct, L.L.C. specif­i­cally dis­claims any lia­bil­ity with regard to the Forums and any actions result­ing from your par­tic­i­pa­tion in any Forums. Forum mod­er­a­tors and admin are not autho­rized VTech Direct, L.L.C. spokesper­sons, and their views do not nec­es­sar­ily reflect those of VTech Direct, L.L.C..

10. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VTech Direct, L.L.C. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE OR SERVICES PROVIDED AT ANY TIME. VTECH DIRECT, L.L.C. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VTECH DIRECT, L.L.C. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VTECH DIRECT, L.L.C. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY SERVICES PROVIDED, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR ANY SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE OR ANY SERVICE PROVIDED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VTECH DIRECT, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OUR SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE OR OUR SERVICES.

11. SERVICE CONTACT
Con­tact info@emarkhosting.com with ques­tions, con­cerns or prob­lems with this Website.

12. MODIFICATION OF THESE TERMS AND CONDITIONS
VTech Direct, L.L.C. reserves the right to change the terms, con­di­tions, and notices under which eMarkHosting.com is offered. No prior notice may be given.

13. GENERAL INFORMATION
The Terms Of Ser­vices (TOS) con­sti­tute the entire agree­ment between you and VTech Direct, L.L.C. and gov­ern your use of the Ser­vice, super­sed­ing any prior agree­ments between you and VTech Direct, L.L.C.. You also may be sub­ject to addi­tional terms and con­di­tions that may apply when you use affil­i­ate or other VTech Direct, L.L.C. ser­vices, third-party con­tents or third-party soft­ware. The Agree­ment and the rela­tion­ship between you and VTech Direct, L.L.C. shall be gov­erned by any local, state and fed­eral laws of the United States of Amer­ica with­out regard to its con­flict of law pro­vi­sions. You and VTech Direct, L.L.C. agree to sub­mit to the per­sonal and exclu­sive juris­dic­tion of the courts located within the United States of Amer­ica. The fail­ure of VTech Direct, L.L.C. to exer­cise or enforce any right or pro­vi­sion of the Agree­ment shall not con­sti­tute a waiver of such right or pro­vi­sion. If any pro­vi­sion of the Agree­ment is found by a court of com­pe­tent juris­dic­tion to be invalid, the par­ties nev­er­the­less agree that the court should endeavor to give effect to the par­ties’ inten­tions as reflected in the pro­vi­sion, and the other pro­vi­sions of the Agree­ment remain in full force and effect. You agree that regard­less of any statute or law to the con­trary, any claim or cause of action aris­ing out of or related to use of the Ser­vice or the Agree­ment must be filed within one (1) year after such claim or cause of action arose or be for­ever barred.