Terms of Use

Variti International GmbH, a Swiss based corporation ("Variti") provides this website located at
https://variti.com ("Variti.com"), all the content under this domain, certain related software, and
its services to you subject to the following terms and conditions. By using Variti.com you agree
to be bound by the latest amended versions of this Agreement and Variti's Privacy and Security
Policy (see "Modifications" below).

SECTION 1: ACCEPTING THE TERMS
By using the information, tools, features and functionality located on Variti.com, through any
Variti APIs, or through any software or other websites that interface with Variti.com or its APIs
(collectively the “Service”), you agree to be bound by this Agreement, whether you are a
“Visitor” (meaning you merely browse the Variti.com website) or you are a “Member” (meaning
you have registered with Variti). The term “you” or “User” refers to a Visitor or a Member. If
you wish to become a Member and make use of the Service you must read this Agreement and
indicate your acceptance during the Registration process. If you accept this Agreement, you
represent that you have the capacity to be bound by it or, if you are acting on behalf of a
company or entity, that you have the authority to bind such entity.

SECTION 2: COPYRIGHTS
All content included on Variti.com, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, as well as the compilation of that
content into one, coherent website, is the property of Variti and protected by United States and
international copyright laws. Reproduction of the content of Variti.com without the written
permission of Variti is prohibited.

SECTION 3: TRADEMARKS AND SERVICEMARKS
Variti Active Bot Protection ®, the Variti logo, and other Variti graphics, logos, page headers,
button icons, scripts, and service names are trademarks, certification marks, service marks, or
other trade dress of Variti or its subsidiaries. Variti’s trademarks, certification marks, service
marks, and trade dress have inherent meaning and substantial value because of their restricted
use. They may not be used in connection with any product or service that is not Variti’s, in any
manner without Variti’s permission. All other trademarks not owned by Variti or its subsidiaries
that appear on Variti.com are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Variti or its subsidiaries.

SECTION 4: LICENSE TO ACCESS VARITI.COM AND SERVICES
In consideration for accessing Variti.com and the Service, Variti grants you a limited license to
access and make personal use of the website. This license prohibits your downloading (other
than page caching) or modifying any portion of it, except with express, written consent of Variti.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Variti.com without
express written consent of Variti. You may not use any meta tags or any other “hidden text”
utilizing Variti’s name or trademarks without the express written consent of Variti. Any
unauthorized use automatically terminates the permission or license granted by Variti and may
incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any nonpassword protected directories. You may not use any of Variti’s proprietary graphics or
trademarks as part of the link without express written permission.

SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your
account and password, and you agree to accept responsibility for all activities that occur under
your account or password. Variti reserves the right to, under its sole discretion, refuse service,
suspend or terminate accounts, or otherwise restrict access to Variti.com and the Variti Service.

SECTION 6: THIRD PARTY APPS
Variti’s Service allows you to install or utilize certain third party apps (“Apps”). These Apps are
provided “AS IS” and governed by their own terms of service and privacy policies as set forth by
the third parties that provide them. Variti does not endorse and is not responsible or liable for the
services or features provided by these Apps you choose to install. You acknowledge and agree
that Variti shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any Apps.

SECTION 7: YOUR CONTENT
You retain full copyrights in any materials served through Variti. Depending on the features you
select or Apps you enable, Variti may modify the content of your site. For example, Variti may
detect any email addresses and replace them with a script in order to keep it from being
harvested, or Variti may insert code to improve page load performance or enable a Third Party
App. Depending on the features you enable, you acknowledge Variti may:1. Intercept requests
determined to be threats and present them with a challenge page.
2. Add cookies to your domain to track visitors and their sessions to improve service quality.3.
Other changes to increase performance or security of your website.
Variti will make it clear whenever a feature will modify your content and, whenever possible,
provide you a mechanism to allow you to disable the feature.

SECTION 8: RECORDS OF VARITI.COM VISITOR USE AND ABUSE
As a visitor to Variti.com and a user of the Variti Service, you consent to having your Internet
Protocol address recorded and your activities monitored to prevent abuse.

SECTION 9: RECORDS OF YOUR VISITORS
As part of the Variti Service, you may choose to monitor the traffic to certain websites. In doing
so, you acknowledge that Variti acts as your limited agent to you for the purpose of providing
Internet data and optimization services. You acknowledge that it is your responsibility to ensure
that the use of Variti’s Service is permitted under the laws of your jurisdiction and you agree to
indemnify and hold Variti harmless if your use of the Service is in violation of local law. Where
required by law, you agree to post a privacy policy on any that, at a minimum, discloses any and
all uses of personal information that you collect from users including any information collected
via the Service. You agree to indemnify and defend Variti from and against any and all claims
stemming from your failure to comply with this provision and/or your failure or refusal to abide
by the terms and provisions of any applicable privacy policies. You acknowledge that Variti may
use this data to improve its service or enable other services (e.g., using visitor traffic logs or data
posted through the service to detect threats so as to stop future attacks).

SECTION 10: INVESTIGATION
Variti reserves the right to investigate you, your business, and/or your owners, officers, directors,
managers, and other principals, your sites, and the materials comprising the sites at any time.
These investigations will be conducted solely for Variti’s benefit, and not for your benefit or that
of any third party. If the investigation reveals any information, act, or omission, which in Variti’s
sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this
Agreement, or is otherwise deemed harm the Service, Variti may immediately shut down your
access to the Service. You agree to waive any cause of action or claim you may have against
Variti for such action, including but not limited to any disruption to your website. You
acknowledge that Variti may, at its own discretion, reveal the information about your web server
to alleged copyright holders or other complaintants who have filed complaints with us.

SECTION 11: INDEMNITY
You agree to indemnify and hold Variti, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, arising out of 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.

SECTION 12: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
VARITI.COM, THE VARITI SERVICE, AND DOWNLOADABLE SOFTWARE ARE
PROVIDED BY VARITI ON AN “AS IS” AND “AS AVAILABLE” BASIS. VARITI MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF VARITI.COM, THE EFFECTIVENESS OF ITS SERVICES, OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
VARITI.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF VARITI.COM, THE
VARITI SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VARITI DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL VARITI BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF VARITI.COM, THE VARITI
SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
VARITI MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT
VARITI.COM, THE VARITI SERVICE, ANY DOWNLOADABLE SOFTWARE, THE
VARITI SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. VARITI WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE VARITI.COM, THE
VARITI SERVICE, OR VARITI DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.

SECTION 13: AUTOMATIC RENEWAL AND CANCELLATION
WHEN YOU REGISTER FOR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT (A) VARITI (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS
AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION
TO THE SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER
CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES,
AND (B) YOUR SUBSCRIPTION TO THE SERVICE IS CONTINUOUS UNTIL YOU
CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN
ACCORDANCE WITH THESE TERMS OF USE AND (C) YOUR SUBSCRIPTION TO THE
SERVICE MAY HAVE 7 (SEVEN) DAYS OF FREE TRIAL PERIOD, OUT OF THIS
FRAME YOU WILL BE BILLED AS PER ABOVE.
IN ORDER TO PREVENT AUTO-RENEWAL OF YOUR SUBSCRIPTION, YOU MUST
CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT DASHBOARD BEFORE
THE BEGINNING OF YOUR NEXT MONTHLY BILLING PERIOD. YOU WILL BE
BILLED IN FULL FOR THE MONTHLY BILLING PERIOD IN WHICH YOU CANCEL.

SECTION 14: TERMINATION
Variti’s policy is to investigate violations of these Terms of Service and terminate repeat
infringers. You agree that Variti may, under certain circumstances and without prior notice,
immediately terminate your Variti account, any associated email address, and access to
Variti.com and associated Services. Cause for such termination shall include, but not be limited
to: (a) breaches or violations of the Terms of Service or other incorporated agreements or
guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you
(self-initiated account deletions); (d) discontinuance or material modification to the Service (or
any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of
inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or
illegal activities; (h) having provided false information as part of your account; (i) having failed
to keep your account complete, true, and accurate; (j) any use of the Service deemed at Variti’s
sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment
of any fees owed by you in connection with Variti.com and associated Services. Further, you
agree that all terminations for cause shall be made in Variti’s sole discretion and that Variti shall
not be liable to you or any third-party for any termination of your account, access to the Service,
or any disruption to your services such a termination may cause. You expressly agree that in the
case of a termination for cause you will not have any opportunity to cure. You further
acknowledge and agree that notwithstanding any termination, your obligations to Variti set forth
in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.

SECTION 15: DMCA & ABUSE REPORTS
Variti is a pass-through network and, at most, caches content for a limited period in order to
improve network performance. Variti automatically removes content from our caches when it
has been removed from our customer’s origin web server. Variti is not a hosting provider and has
no way of removing abusive content on third party hosting services.
Individuals or copyright holders concerned with content served through Variti’s network may
submit a complaint for investigation to: abuse@variti.com
Please provide detailed information supporting your complaint as well as an affidavit attesting to
its validity.
By submitting a complaint, you acknowledge that, at Variti’s sole discretion, copies of the
complaint may be provided to the Variti user, the user’s hosting provider, posted on Variti’s
website, and/or provided to third party services such as https://lumendatabase.org/
Variti does not accept abuse complaints submitted over the telephone or mail.

SECTION 16: MODIFICATIONS
Variti may modify this Agreement from time to time. Any and all changes to this Agreement will
be posted on Variti.com. In addition, the Agreement will indicate the date it was last revised.
You are deemed to accept and agree to be bound by any changes to the Agreement when you use
the Service after those changes are posted.

SECTION 17: LINKS
The Service may provide, or third parties may provide, links to other websites or resources.
Because Variti has no control over such sites and resources, you acknowledge and agree that
Variti is not responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree that Variti shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content.

SECTION 18: PUBLICITY
Variti shall be permitted to identify you as a customer, to use your website’s name in connection
with proposals to prospective customers, to hyperlink to your website’s home page, to display
your logo on the Variti’s web site, and to otherwise refer to you in print or electronic form for
marketing or reference purposes.

SECTION 19: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be
no third party beneficiaries to this Agreement.

SECTION 20: WAIVER
The failure of Variti to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.

SECTION 21: SEVERABILITY OF TERMS
If any provision of the Terms of Service 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 Terms of Service remain
in full force and effect.

SECTION 22: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Variti account is non-transferable except with the written consent of Variti.

SECTION 23: TIME LIMITATIONS FOR CLAIMS
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 Variti.com must be filed within one year after such claim or
cause of action arose or be forever barred.

SECTION 24: APPLICABLE LAW
By visiting Variti.com, you agree that the laws of Switzerland and, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might
arise between you and Variti or its affiliates. Any dispute or claim arising out of or in connection
with this Agreement shall be adjudicated in Geneva, Switzerland.

SECTION 25: ARBITRATION
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to
resolve their dispute informally, or by means of commercial mediation, without the necessity of
a formal proceeding.
Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof,
which cannot otherwise be resolved as provided above shall be resolved by arbitration in
Geneva, Switzerland. The arbitration proceedings contemplated by this Section shall be as
confidential and private as permitted by law. To that end, the parties shall not disclose the
existence, content or results of any proceedings conducted in accordance with this Section, and
materials submitted in connection with such proceedings shall not be admissible in any other
proceeding, provided, however, that this confidentiality provision shall not prevent a petition to
vacate or enforce an arbitral award, and shall not bar disclosures required by law.

SECTION 26: VERSIONS
The authoritative version of Variti’s Terms of Service is available at: https://variti.com/terms.
While translations of these terms may be provided in multiple languages for your convenience,
the English language version hosted at the link above is binding for all users of Variti.com, the
Variti Service, and any Variti Downloadable Software.

SECTION 27: HEADINGS
The headings and section titles in the Terms of Service are for convenience only and have no
legal or contractual effect.