Terremark.com/Terremark Cloud Blog

Introduction

Welcome to the Terremark Worldwide Web Site and the Terremark Cloud Blog. By using the Terremark Web Site, including the Terremark Cloud Blog (collectively, the "Web Site") you signify that you have read, understand and agree to be bound by these Terms of Use (this "Agreement"). Terremark Worldwide, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees ("Terremark") reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If this is done, we will post the changes to these Terms of Use on this page. Your continued use of the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Web Site. It is your responsibility to regularly review these Terms of Use. By using the Web Site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. You confirm you have the authority to bind your company to the terms and conditions set forth herein.

User Conduct

You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of users from the Web Site by electronic or other means. Additionally, you agree not to use automated scripts to collect information from the Web Site or for any other purpose. You further agree that you may not use Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Web Site to:

• upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or intimidate or harass another Web Site user.
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• use or attempt to use another's account, service or system without authorization from Terremark, or create a false identity on the Web Site.

Proprietary Rights in Content on Terremark

All content on the Web Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Terremark, its affiliates, or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Terremark the licensor consent prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Web Site are either trademarks or registered trademarks of Terremark, its affiliates, or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Terremark.

User Content Posted on the Site/Terremark Moderation

You are solely responsible for the content that you publish or display (hereinafter, "Post") on the Web Site (collectively the "User Content"). You understand and agree that Terremark may review and delete or remove any User Content that in the sole judgment of Terremark violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or which may, in Terremark's sole judgment, contain erroneous or misleading information.

By posting User Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to Terremark an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

All decisions on posting, rejection and removal of User Content are entirely at the discretion of Terremark, and Terremark has no obligation to post or remove content. Any failure to remove content that violates these Terms of Use shall not be considered a waiver of Terremark’s rights. Because we may moderate postings, comments, and/or links, they may not appear immediately.

Copyright Policy

Copyright 2012-2013 Verizon. All Rights Reserved

Digital Millennium Copyright Act Claims: Pursuant to Title II of the Digital Millennium Copyright Act ("DMCA"), all claims alleging copyright infringement for material that is believed to be residing on Terremark's system or network should be promptly sent in the form of written notice to Terremark's Designated Agent:

Patrick M. Flaherty - Designated Agent for DMCA Notices

Verizon Corporate Resources Group LLC

1320 North Courthouse Road

9th Floor

Arlington, Virginia 22201

Facsimile No.: 703-351-3669

Email address: patrick.m.flaherty@verizon.com

NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

NOTE: Please be aware that there are substantial penalties for false claims.

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to Terremark's Designated Agent. A valid counter-notification is a written communication that includes all of the following elements:

1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Trademarks

The Terremark name and logo and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of Terremark and may not be used in any manner without the prior written consent of Terremark.  All other trademarks and service marks are the property of their respective owners.

Accuracy of Information

Product and service specifications and other information not describing Terremark's services have either been provided by the Vendors or collected from publicly available sources. While Terremark makes every effort to ensure that the information on this Web Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site regarding Vendors and should be independently confirmed by you.

Terremark makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

No Terremark Viewpoints.

Some of the individuals posting to this Web Site, including the moderators, are Terremark employees. Comments or opinions expressed by Terremark employees on this Web Site are their personal views and not necessarily those of Terremark. The views expressed by outside contributors, including Terremark contractors, whether in comments or in material linked from the Web Site, do not represent the views of Terremark, its management or employees.

No Endorsement

Mention of third-party products or services, including the use of trademarks or links to the web sites of Vendors, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors or the related products or services. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Terremark.

User Disputes

You are solely responsible for your interactions with other Terremark users. You agree that Terremark shall have no responsibility with regard to any interactions you may have with other users.

Disclaimers

Terremark is not responsible for any incorrect or inaccurate Content posted on the Web Site, whether caused by users of the Web Site, or by any of the equipment or programming associated with or utilized in connection with the Web Site. Terremark is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site may be temporarily unavailable from time to time for maintenance or other reasons. Terremark assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or user communications. Terremark is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web Site.

Terremark shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on the Web Site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on the Web Site. The information, services, products, and materials contained in this Web Site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis.

Terremark also makes no representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

UNDER NO CIRCUMSTANCES WILL TERREMARK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEB SITE, ANY CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERREMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TERREMARK SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEB SITE. IN NO EVENT WILL TERREMARK BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF TERREMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TERREMARK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE. THE WEB SITE AND THE CONTENT ARE PROVIDED "AS-IS"

Indemnity

You agree to indemnify and hold Terremark, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Web Site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use constitute the entire agreement between you and Terremark regarding the use of the Web Site, superseding any prior agreements between you and Terremark relating to your use of the Web Site. The failure of Terremark to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Terremark may contain links to other sites on the internet which are owned and operated by Vendors or other third parties. You acknowledge that Terremark is not responsible for the availability of, or the content located on or through, any external web site.

Permitted Use of Content

You may not copy, modify, redistribute, or publish any Content of the Web Site without the express written permission of Terremark or the owners of such Content if other than Terremark, unless such copying, modification, redistribution or publication is expressly permitted by the Web Site or through an integrated web site function (such as the emailing of user search results).

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE

TERREMARK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE WEB SITE. Terremark will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Terremark's equipment, transmitted over networks accessed by the Web Site, or otherwise connected with the use of the Web Site.

You acknowledge that we cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services. Terremark does not represent or warrant that the information accessible via our Web Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on the Web Site or through any other services. Furthermore, due to the dynamic nature of the marketplace, all information regarding such matters is subject to change without notice. TERREMARK SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES.

Third-Party Sites

The Web Site contains links to other web sites. Terremark is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Terremark. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor.

Governing Law and Venue

If there is any dispute about or involving the Web Site, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Miami Dade County, Florida and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Web Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

If you choose to access our site or other services, you agree to do so subject to the internal laws of the State of Florida. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws.