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This is a Terms of Service (“TOS”) Agreement (“Agreement”) between HostsVault, Inc. and the user of HostsVault’s products and services. In this Agreement “You” and “Your” refer to You as the user of Our Services; or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to HostsVault, as well as its subsidiaries. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by HostsVault (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

Signing up for Our Services creates a contract between You and Us, consisting of the order, the applicable service description and this TOS. You are agreeing to bound by the terms of this Agreement and all other conditions incorporated by reference in this Agreement. Your use of the Services constitutes acceptance of this Agreement.

HostsVault reserves the right to change this TOS at any time without notification. By continuing to use the Services after a change has been made, you agree to adibe by and be bound by any such changes.

1. General Terms:
1.1. You agree to pay, in advance of each monthly service term, for Services to be provided for Your use.
1.2. You are required to provide accurate information to Us, including contact and billing information. False information will result in immeadiate account termination.
1.3. We are not and shall not be responsible for the data integrity for any accounts that are terminated, disconnected, or otherwise interrupted because of Your failure to pay for Services.
1.4. You agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. We will provide, as long as, You agree to pay for any Services, according to the service fees specified in the invoice.
2.2. You can add or remove Services at anytime. However, there are no refunds for Services terminated early.
2.3. You understand that no promotional offers will apply to Your account unless specified on the invoice.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt of payment from You to Us.
3.1.1. You must pay in full for the Services before We will begin to provide those Services to You. Invoices are generated 5 days prior to the renewal date.
3.2. Payment is due on the date specified on the invoice at the specified recurring interval.
3.2.1. You agree that if recurring billing is setup for Your account, that You will be billed and charged automatically on the due date specified on the invoice for the total amount due at that time.
4. Delinquent Accounts.
4.1 Non-payment by the due dated specified on the invoice will result in a 5-Day Notice of Disconnection.
4.2 Non-payment past that 5th day will result in Your account being suspended.
4.2.1. Services will be re-activated immeadiately once the account is paid in full.
4.3 Non-payment for 30 days will result in Your account being terminated.
4.3.1. No services will be provided untill the account is paid in full.
4.3.2. Services will have to be re-established with a new order being completed.
4.4. Any accounts that remain in deliquent status for more than 90-days will be turned over to an outside collection agency.
4.4.1. You agree to pay a “Processing and Collection” Fee of not less than Fifty Dollars (US$50.00) and nor more than One Hundred Fifty Dollars (US$150.00).
5. Account Cancellation.
5.1. You may voluntarily cancel Your account at any time, for any reason or for no reason, by filling out the “Cancellation Form” which is provided on Our web site in the Client Area.
5.2. Once You have cancelled Your account, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
5.3. Paypal paying customers cancelling their paypal subscription payment does not constitute cancellation of service with Us. All cancellations must be processed through the cancellation form.
5.4. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that HostsVault does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
6.1. Except as explicitly provided in this section (6), all payments made to HostsVault are non-refundable.
6.2. This includes any setup fees and/or monthly fees regardless of usage.
6.3. All billing disputes must be reported with thirty (30) days of the time the alledged error occurred.
6.3.1. Disputed charges to Your credit card issuer (known as chargebacks), which in Our sole discretion, is invalid under the terms of this Agreement, and will result in Your service being suspended.
6.3.2. A completed payment that is not disputed will be required to re-establish Your services.
6.4. Without waiving any of its other rights under this Agreement, We offer You a 30-day Money-back guarantee on fees for Shared hosting and VPS (Virtual Prive Server) services only (“30-Day Guarantee”). This does not include the fees for Add-Ons such as dedicated IPs and control panels
6.4.1. If for any reason You cancel Your account by completing the Cancellation Form, within thirty (30) days of the beginning of Your service, We will refund Your money with no questions asked excluding terms list in section 6.6.
6.5. It is understood that the amount that is refunded to You will be for paid services that We provided and will not include any of the following:
  • Fees for Domain Name registrations
  • Fees charged for exceeding Your alloted disk storage space and/or bandwidth
  • Fees for SSL certificate(s)
  • Fees for web design
  • Fees for web site marketing
  • Any add-on services, features or software
  • Any other fees for services involving a third party
    6.6. The 30-Day Guarantee is subject to all of the following limitations.
    6.6.1. You are entitled to a maximum of one (1) 30-Day Guarantee refund.
    6.6.2. If You do not canel Your account within thirty (30) days of the beginning of Your service, Your right to the 30-Day Guarantee shall expire forever and may not revived under any circumstances, without the prior express written approval from Us.
    6.6.3. You may not transfer or assign the 30-Day Guarantee to any third party.
    6.6.4. You agree that You will not or attempt to circumvent the restrictions on the 30-Day Guarantee described in this Agreement, which include but are not limited to the following actions:
    • Creating multiple accounts, using the same customer name or different customer names.
    • Canceling Your account for the sole purpose of obtaining a refund and then registering for a new account
    • Organzing multiple business entities or using assumed business names for the purpose of circumventing these restrictions
    • Knowingly providing false or misleading information when You register for Your account
    • Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund on that same guarantee
    6.7. If You violate any provision of any of the following policies of Ours, You will not be eligible for the 30-Day Guarantee. This includes this Terms Of Service (TOS) and/or the Acceptable Use Policy (AUP).
    6.8. Changes to Your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan You have do NOT make You eligible for an additional 30-Day Guarantee. The 30-Day Gaurantee only applies to Your first Order of Services from Us.
    7. Illegal Activity.
    7.1. You agree to NOT engage in any activity that violates any international, foregin, federal, state, or local laws applicable to the service terms described in this Agreement.
    8. Backups.
    8.1. In order to allow Us to provide the best service to You, Our accounts are backed up daily and weekly. However, these backups are intended for Our administrative purposes only, to allow Us to provide excellent service to our customers in the event of hardware failure. As part of Our commitment to first-rate customer service, We always seek to create complete and accurate backups of customer accounts.
    8.2. Even the best, most complete and redundant backup systems can and do fail for a variety of reasons, despite Our best efforts. THEREFORE, WE DO NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
    8.3. You are responsible for maintaining Your own backups on Your own computer system.
    8.4. We do not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Our backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Us or any of its employees or agents, and regardless of whether We had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
    8.5. In the event that You need to recover data from a backup, We will use reasonable efforts to restore data to Your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS.
    8.6. You understand and agree that Our backup policy does not create any warranties for whose breach We can be held liable for.
    9. Legal Expenses.
    9.1. You agree to defend, indemnify, and hold Us harmless, and Our parents, subsidiaries, successors, assigns, employees and agents against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Your use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
    10. Liablity.
    10.1.  We shall not be liable under any circumstances for any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenus, loss of use, or loss of data resulting from the use of Our Services by You or any third parties, regardless of the form of action or theory of liability.
    10.2.  Additionally, We shall not be liable under any circumstances for any loss of data, loss of profits, loss of revenues, or loss of use resulting from delays, non-deliveries, misdeliveries, or service interruptions.
    10.3.  We do not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the internet.
    11. Warranty.
    11.1  We provide the Services and Products as is, without warranty of any kind, whether expressed or implied. We disclaim all warranties of non-infrignment of any third party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchanability and fitness for a partifcular purpose. You shall be solely responsibile for the selection, use, and suitability of the services and We shall have no liability therefor.
    12. Waiver of Rights.
    12.1.  Any failure by Us to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Our right to do so.
    13. Notices.
    13.1.  We will notify You by e-mail of any notices that We are required to provide You under this Agreement, at the e-mail address You provided to Us.
    13.2.  You consent to receive notices by e-mail, and You are solely responsible for ensuring that We have Your most current e-mail address. We shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mails that We send to Your e-mail address. Nor shall We be responsible for actions as a result of You not receiving the notice.
    14. Monetary Currency.
    14.1.  All monetary amount to which this Agreement refers shall be in United States Dollars.
    15. Entire Agreement.
    15.1.  This Agreement, including all of its component parts, comprises the entire agreement between You and Us, and supersedes any prior or previous agreements with respect to the subject matter of this Agreement; provided, however, that You agree that You shall be subject to the any additional terms and/or conditions of which We notify you of from time to time, pursant to this Agreement.
    16. Modification of this Agreement.
    16.1.  This Agreement cannot be changed, modified, or amended at any time by any means other than an official change, modification or amendment to this page.
    17. Assignment.
    17.1.  You shall not assign or attempt to assign its obligations under this Agreement without Our prior and express written consent to such an assignment.
    17.2.  We may assign any or all of its rights and obligations under this Agreement at any time without prior notice to You or Your consent.
    18. Force Majeure.
    18.1.  We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond Our reasonable control.
    19. Severability of Term of this Agreement.
    19.1.  In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the orginial intentions of the parties hereto, and the reminder of the provisions shall remain in full force and effect.
    20. Limitation of Actions.
    20.1.  Any cause of action you may have with respect to Our performance or lleged non-performance of this Agreement must be commecned with one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
    21. Denial of Service.
    21.1.  We reserves the right to refuse of discountine service to anyone at our sole discretion.
    22. Abuse of Our Staff or Support Personnel.
    21.1.  We take pride in providing excellent service to all of Our customers. It is Our policy to always treat Our customers with the highest level of respect and courtesy. In return, we expect that same level of respect and courtesy from You.
    21.2.  If Our staff feels that You are consistently engaging in an abusive behavior towards them, or addressing them in a demeaning or rude manner, Your account(s) may be suspended until the situtation is resolved. Continued abusive, demeaning or rude behavior will result in account termination.
    21.2.1  In the event that Your account is terminated due negative behavior, You will be given five (5) days Notice of Termination. We will issue a refund only for the unused portion of pre-paid Services.
    21.3.  Abusive conduct includes, but is not limited to, the following behaviors:
    • Repeatedly addressing members of Our staff in a demeaning or rude manner.
    • Using profanity in any oral or written communications with Our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication.
    • Yelling or shouting at Our staff.
    • Deliberately using all capital (uppercase) letters in any written communication to Our staff.
    • Insulting Our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status.
    • Deliberately providing false information to Our staff for the purpose of harassing them or wasting their time.

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    I have had bad experiences with most of the hosts I have used, however I have been very pleased with the services offered by Hosts Vault. I have had no noticeable downtime on my sites and never any problems with the actual hosting.

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    HostsVault News
    • 12/22/08 - Updated to the revolutionary Cpanel version 11.24 "Accelerated".
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    • 09/05/08 - Added new rules to mod_security for apache security.
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