This policy represents the Vaulted Web Hosting Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Vaulted Web Hosting customers agree to when they sign-up for any of the Vaulted Web Hosting website hosting services. Vaulted Web Hosting reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Vaulted Web Hosting agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Vaulted Web. Vaulted Web Hosting retains the sole discretion to make judgment regarding any violation by any Vaulted Web Hosting customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Vaulted Web Hosting maintaining one or more accounts (each “Account”), you, as the Vaulted Web Hosting customer, agree to the following terms of service.
Definitions
“We” “Us” or “Provider” or “Vaulted Web” – Vaulted Web
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Vaulted Web Hosting however, offers a 99.9% uptime guarantee. This is valid for only the Vaulted Web Hosting servers and our primary co-location internet connection. Vaulted Web Hosting shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Vaulted Web Hosting is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Vaulted Web Hosting capability to directly correct. Vaulted Web Hosting clients are diverse and their websites and the function of those websites are diverse and Vaulted Web Hosting cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Vaulted Web Hosting MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Vaulted Web Hosting nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Vaulted Web, even if Vaulted Web Hosting has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Vaulted Web Hosting BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE VAULTED WEB SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF VAULTED WEB SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF VAULTED WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VAULTED WEB'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO VAULTED WEB HOSTING FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, VAULTED WEB'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Vaulted Web Hosting and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Vaulted Web servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Vaulted Web equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Vaulted Web's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Florida without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Florida. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Vaulted Web
Vaulted Web provides Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide HTTP Internet content to the general public. The Service allows Vaulted Web members to maintain Internet websites, receive and maintain email accounts, and access web space via FTP to upload files for their websites. Vaulted Web members are expected to use the provided services in a manner consistent with all applicable laws. Vaulted Web provides the Services exclusively and does not edit, control, monitor, or restrict the content of data, except as necessary to provide the Services. Vaulted Web reserves the right to refuse service to potential and existing customers in order to protect its existing paying customers. Violations of the terms outlined below can result in the termination of a client's account without prior notification.
Vaulted Web offers timely website hosting support to its clients through emails, an online helpdesk, and live chat. By accepting the client contract agreement with Vaulted Web, customers agree not to abuse, whether verbally or physically, any other customer of Vaulted Web or any employee or contractor of Vaulted Web, whether in person, via email, live chat, telephone, or any other means.
Vaulted Web will send emails from time to time regarding account information, special offers, and promotions. Customers have the option to unsubscribe from these emails by following the instructions provided at the bottom of the emails.
Client Content
Clients agree that web pages and files uploaded to servers will not violate any state, national, or foreign laws or regulations; infringe on any intellectual property rights of Vaulted Web or any third party; be defamatory, slanderous, or trade libelous; be threatening or harassing; be discriminatory based on gender, race, or age; promote hate; or contain viruses or other computer programming defects that may result in damage to Vaulted Web or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include, but are not limited to, bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, proxies, and image/file sharing websites. Vaulted Web reserves the right to be the sole and final arbiter in determining what constitutes a violation of this policy. Although Vaulted Web does not typically monitor the contents of clients' servers, it reserves the right to investigate and terminate a client's subscription to the service if suspicion arises.
Unlimited Features
The term "unlimited disk space and bandwidth/data transfer" means that Vaulted Web does not set specific limits on the disk space and bandwidth provided in plans labeled as "Unlimited." The intention is to provide customers with ample resources to build and maintain their online presence.
No "Spam"
The sending of UCE/UBE or "Spam" originating from a server located on the Vaulted Web network or associated with a Vaulted Web server is not tolerated. This includes any email that promotes websites hosted on a server located on the Vaulted Web network but is sent from an email address not associated with that Vaulted Web account. Clients are prohibited from using Vaulted Web services for chain letters, junk mail, bulk email, or any use of distribution lists without specific permission from recipients. Vaulted Web reserves the right to deactivate or terminate any account upon any indication of such activity without notice.
Excessive Exploits
Vaulted Web allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit-free version of the scripts. If a script that our web hosting clients upload to our servers is found to have security lapses and allows a third party to "hack," "exploit," or "deface" their site(s), it is the responsibility of our clients to either remove that script or Vaulted Web reserves the right to terminate that client's account and provide them with a prorated refund.
False Information
Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contacts Vaulted Web concerning unethical, false, or unlawful activities by you, Vaulted Web reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third-party software in connection with the client's use of the Services.
Backup Files
Vaulted Web provides the tools needed to create backups of account data. Vaulted Web also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed-up data. Vaulted Web does not provide or keep records or copies of our clients' website files for customer use and is not responsible for any loss of data, including but not limited to hardware failure, backup failure, hacking, or accidental deletion. Vaulted Web does not offer a backup of virtual private servers and/or Dedicated Servers.
Payment Obligations
Full payment is required in advance before hosting service is established. Vaulted Web sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Vaulted Web may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Vaulted Web prior to the renewal date. Although Vaulted Web sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Vaulted Web, the customer is ultimately responsible for remembering their renewal date and ensuring payment is made upon renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and/or service renewal is paid for in full.
Vaulted Web may change its prices from time to time. Vaulted Web may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account's billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by Vaulted Web through your account or other methods of communication and notices sent or posted by Vaulted.