Terms Of Service

Usage Policy

Hostingvault.com demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. Hostingvault.com will never violate that trust.

Personal Data Transmissions Are Encrypted

When you order from hostingvault.com, all your personal information is protected. We use Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.

Hostingvault.com Will Not Sell Your Personal Information
Hostingvault.com keeps all your information confidential.

Policy Changes

Hostingvault.com is dedicated to providing the best web hosting service possible to every one of our clients. We are also dedicated to staying on top of available technology.

While Hostingvault.com will provide our clients with reasonable notification, Hostingvault.com reserves the right to change its policy at any time to meet the needs of our customers, changing laws and new technology.

Cookie Policy Statement

Hostingvault.com understands that many of you are concerned about cookies. We provide this Cookie Policy Statement to let you know how we use this technology. Hostingvault.com uses cookies to help us improve our website and web hosting services, and, most importantly, provide our existing customers with the opportunity for continued savings and increased convenience.

Cookies For Improving Our Web Site

Hostingvault.com uses cookies to inform us of a repeat visit. The cookie does not tell us who you are, your name, email address, or Passwords.

Cookies For Banner Rewards Program

To offer our customers continued savings, Hostingvault.com uses cookies to help monitor the traffic generated from Hostingvault.com banners and logo buttons displayed on our customers' websites. For every new Hostingvault.com customer that was introduced to Hostingvault.com through a customer's website, our client receives a credited discount!

Cookies For Customer Account Management

For our customers, Hostingvault.com uses cookies to store user names for added convenience to the Webmaster. As part of our web hosting package, Hostingvault.com offers password-protected web-based management tools. By storing the customers' Usernames in a cookie, the Webmaster will not have to keep filling out form fields when they desire to manage their account. (The cookie does not store Passwords.) Hostingvault.com is dedicated to using the newest technologies in order to simplify our customers' lives.

This is Hostingvault.com,  Usage Policy, which supplements the service agreement of each user of Hostingvault.com services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using Hostingvault.com services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. Hostingvault.com will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on Hostingvault.com website at www.hostingvault.com, will constitute such person's acceptance of any changes or additions to the Usage Policy.

Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.

Violations of Intellectual Property Rights

Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Hostingvault.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

Spamming

Spamming, whether or not it overloads the Services or disrupts service to Hostingvault.com Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. Hostingvault.com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.

Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.

Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking

"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Export Control Violations

The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.

Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Hostingvault.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities

The use of the Services to engage in any activities that are determined by Hostingvault.com , in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Hostingvault.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Other Activities

Engaging in any activity that, in Hostingvault.com sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Hostingvault.com business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Hostingvault.com customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Hostingvault.com in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.

In general, Hostingvault.com does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Hostingvault.com becomes aware of any violation of this Usage Policy or its User Agreement, Hostingvault.com may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Hostingvault.com may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. Hostingvault.com reserves the right to take any such action even though such action may affect other customers of the Subscriber.

Hostingvault.com may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Hostingvault.com or others from harm, and/or to ensure the proper operation of the Services. Hostingvault.com has no obligation to notify any person, including the Subscriber about whom information is sought, that Hostingvault.com has provided the information.

Copyright Notice Infringement Information

In accordance with the Digital Millennium Copyright Act, Hostingvault.com has adopted a policy that provides for termination of websites hosted by Hostingvault.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Hostingvault.com or its subsidiaries, and the copyright holder wants Hostingvault.com to remove the website or disable the material in question, Hostingvault.com will remove the website or disable the material if the copyright holder provides us with all of the following information:

1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
   
   
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
   
   
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
   
   
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   
   
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Terms of use

This User Agreement ("Agreement") is an agreement between Hostingvault.com, a London based private company, and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Hostingvault.com USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Hostingvault.com reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Hostingvault.com. Activation of the Services shall indicate Hostingvault.com acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Hostingvault.com will provide to Customer the Services selected by Customer set forth on the Order Form.

1. Usage Policy

Under this Agreement, Customer shall comply with Hostingvault.com then current "Usage Policy", as amended, modified or updated from time to time by Hostingvault.com, which currently can be viewed at http://www.hostingvault.com/ ******  which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. Hostingvault.com does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Hostingvault.com may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event Hostingvault.com takes corrective action due to a violation of the Usage Policy, Hostingvault.com shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Hostingvault.com shall have no liability to Customer or any of Customer's customers due to any corrective action that Hostingvault.com may take (including, without limitation, disconnection of Services).

2. Amendment.

Hostingvault.com may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. Hostingvault.com may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on Hostingvault.com website or two days after the sending of a notice by Hostingvault.com to Customer by e-mail or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. Hostingvault.com reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

3. Term; Termination; Cancellation Policy.

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated (i) by either party by giving the other party 28 days prior written notice (subject to an early cancellation fee as provided below), (ii) by Hostingvault.com in the event of nonpayment by Customer, (iii) by Hostingvault.com, at any time, without notice, if, in Hostingvault.com judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in Hostingvault.com judgment, could disrupt, Hostingvault.com business operations and (iv) by Hostingvault.com in accordance with Sections 1, 9, and 10 of this Agreement.

If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) Hostingvault.com shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, (iii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) Hostingvault.com shall have the right to charge you an early cancellation fee of £20.00. Any cancellation request shall be effective 28 days after receipt by Hostingvault.com, unless a later date is specified in such request.

If Hostingvault.com cancels this Agreement prior to the end of the Term, Hostingvault.com shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) Hostingvault.com shall have the right to charge you an early cancellation fee of $25.00.

4. Billing and Payment.

All fees for the Services shall be in accordance with Hostingvault.com fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. A £10.00 late fee will apply to accounts past due more than ten (10) calendar days from the due date. Hostingvault.com may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Hostingvault.com may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Hostingvault.com remains unpaid twenty (20) days after such payment is due, Hostingvault.com, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a £30.00 charge to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Hostingvault.com) shall be paid by Customer.

Customer agrees that Hostingvault.com may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.

Returned checks will be assessed a $30.00 charge. Wire transfers will be assessed a $30.00 charge.

5. Special Provisions Applicable to Resellers.

Hostingvault.com from time to time may offer reseller programs which will permit Customers to resell certain of Hostingvault.com products and services, and be eligible for certain discounts, services and other promotions. A Customer that participates in a reseller program is referred to herein as a "Reseller". To be eligible to participate in a reseller program, the Reseller may be required to meet certain requirements as provided in such reseller program. If you are a Reseller, the terms and conditions in this section (in addition to any terms or conditions contained in the reseller program) are applicable to you.

As a Reseller, you are Hostingvault.com Customer. A Reseller shall be deemed, and is the "Customer" for all purposes under this Agreement and the Usage Policy. When you resell the Services, the purchaser of those resold services becomes your customer (a "Reseller Customer"). A Reseller Customer is not a Customer of  Hostingvault.com, and Hostingvault.com will not support any Reseller Customer. Reseller shall take all necessary measures to preclude Hostingvault.com from being made a party to any agreement with any Reseller Customer. As a Reseller, you are authorized to resell the Services identified in the applicable reseller program on a non-exclusive basis. Hostingvault.com reserves the right to market and sell its products and services through its own employees, other resellers and other representatives and retailers that may compete with you. The terms and conditions of such other relationships may differ from the terms of this Agreement and the reseller program, and may be better. Reseller shall be responsible for billing, and collecting payments from, Reseller Customers. Reseller shall not withhold payments to Hostingvault.com under this Agreement because of a failure of a Reseller Customer to make payments to Reseller. Reseller may set the prices to be paid to it by Reseller Customers for any of the resold Services. Reseller shall provide all support (including, without limitation, customer support, first level support, second level support, and other technical support) for Reseller Customers. Reseller shall pay all sales, use, transfer, privilege, excise or other taxes and all duties, whether international, state or local, however designated, which are levied or imposed on Hostingvault.com and Reseller under this Agreement and any and all transactions between Reseller and Reseller Customers. Reseller shall not resell the Services under Hostingvault.com brand name. Reseller shall be solely responsible for compliance with any regulations governing the export of the Services (or any portion thereof). Nothing in this Agreement constitutes a license to Reseller to use or resell the Marks (as defined below).

6. Hostingvault.com as Reseller or Licensor.

Hostingvault.com is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Hostingvault.com Product"). Hostingvault.com shall not be responsible for any changes in the Services that cause the Non-Hostingvault.com Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Hostingvault.com Product either sold, licensed or provided by Hostingvault.com to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Hostingvault.com obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Hostingvault.com Product are limited to those rights extended to Customer by the manufacturer of such Non-Hostingvault.com Product. Customer is entitled to use any Non-Hostingvault.com Product supplied by Hostingvault.com only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Hostingvault.com to Customer through any Non-Hostingvault.com Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Hostingvault.com Product, or any technical data derived there from, in violation of any applicable United States or foreign law.

7. IP Address Ownership.

If Hostingvault.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to hostingvault.com’s, and Customer shall have no right to use that Internet Protocol address except as permitted by Hostingvault.com in its sole discretion in connection with the Services, during the term of this Agreement. Hostingvault.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Hostingvault.com, and Hostingvault.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

8. Caching.

Customer expressly (i) grants to Hostingvault.com a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by Hostingvault.com under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

9. CPU Usage.

Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Hostingvault.com servers. Any violation of this policy may result in corrective action by Hostingvault.com, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Hostingvault.com sole and absolute discretion. If Hostingvault.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

10. Bandwidth and Disk Usage.

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Hostingvault.com will monitor Customer's bandwidth and disk usage. Hostingvault.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Hostingvault.com sole and absolute discretion. If Hostingvault.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

11. Property Rights.

Hostingvault.com owns all right, title and interest in and to the Services and Hostingvault.com trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.

12. Customer Web Site; E-Commerce; Customer Warranties.

Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.

Customer represents and warrants to Hostingvault.com that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Hostingvault.com the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

13. Disclaimer of Warranty.

Customer agrees to use all Services and any information obtained through or from hostingvault.com, at Customer's own risk. Customer acknowledges and agrees that Hostingvault.com exercises no control over, and accepts no responsibility for, the content of the information passing through Hostingvault.com host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF hostingvault.com, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "Hostingvault.com PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Hostingvault.com PROVIDES. NO Hostingvault.com PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Hostingvault.com IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Hostingvault.com. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Hostingvault.com PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

14. Indemnification.

Customer agrees to indemnify, defend and hold harmless Hostingvault.com and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

15. Limitation of Liability.

Customer agrees that no Hostingvault.com Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Hostingvault.com at the time) which may exist in the Services or Hostingvault.com equipment used to provide the Services.

Under no circumstances, including negligence, shall any Hostingvault.com Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Hostingvault.com has been advised of the possibility of such damages. No Hostingvault.com Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Hostingvault.com records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Hostingvault.com maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Customer understands, acknowledges and agrees that if Hostingvault.com takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Hostingvault.com shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Hostingvault.com.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

16. Force Majeure.

Hostingvault.com shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

17. Assignment.

Customer shall not have the right to assign this Agreement without the prior written consent of Hostingvault.com. This Agreement shall be binding upon and inure to the benefit of Customer and Hostingvault.com and their successors and permitted assigns.

18. Entire Agreement; Severability.

This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.