Terms Of Service

Vazio Network Services, LLC, a Nevada corporation with offices at 15560 Rockfield Blvd., Building C, Suite 205, Irvine, California 92618, hereafter referred to as ("Vazio"), has developed this Terms of Service to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment. Vazio strictly enforces compliance with its policies. You hereby agree to maintain your website in full compliance with the terms and spirit set forth below. You hereby agree and acknowledge that your failure to comply with these terms is cause for immediate suspension and/or termination of your account at the sole discretion of Vazio.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, our policies may be revised at any time and we encourage you to review this Terms of Service on our Web site(s) periodically for current changes and updates.

ACCEPTABLE USE POLICY ("AUP")

Vazio cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. Subscriber must exercise their best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Vazio cannot monitor or censor the Internet, and will not attempt to do so, Vazio cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Prohibited Uses

Infringement on Intellectual Property Rights

Vazio respects the intellectual property rights of others. All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending unsolicited e-mail, bulk emailing, and spam. Vazio does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Any user who sends out spam will have their account terminated with or without notice. Please read here for our spam policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Vazio reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Vazio reserves the right to charge the holder of the account used to send any unsolicited e-mail a reasonable clean up fee. This cost of the clean up fee is entirely at the discretion of Vazio.

Use of Obscene Speech or Materials

Using Vazio's network to advertise, transmit, store, post, display, or otherwise make available illegal or obscene speech or material is prohibited. Vazio is required by law to notify law enforcement agencies when illegal material is contained on or being transmitted through Vazio's network.

Use of Defamatory or Abusive Language

Using Vazio's network as a means to transmit or post defamatory, harassing, abusive, or threatening language (Hate Sites/ Material) is prohibited. Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Use of Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is prohibited.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are prohibited.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited.

Export Control Violations.

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Use of Usenet Groups

Vazio reserves the right to decline postings from newsgroups for any reason.

Child Pornography and Pornography

The use of Vazio’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Vazio is required by law, and will, without hesitation, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is prohibited.

Other Activities

Engaging in activities, whether lawful or unlawful, that Vazio determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations may be cause for suspension and/or termination of your account at the sole discretion of Vazio.

The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Vazio will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Vazio’s policy or applicable law. When Vazio becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Vazio is also aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Vazio's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Vazio does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Vazio has the right to directly take action against a customer of a subscriber. Also, Vazio may take action against the Vazio subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Vazio anticipates that subscribers who offer Internet services will cooperate with Vazio in any corrective or preventive action that Vazio deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Vazio Acceptable Use Policy.

Use of Website

Vazio expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Vazio's Acceptable Use Policy.

User is responsible for maintaining the confidentiality of login and billing information. Vazio is not liable for any account disputes that may arise between various parties holding account login information. As a matter of prudence, Vazio urges its subscribers to assume that all of their on-line communications are insecure. Vazio does not take any responsibility for the security of information transmitted over Vazio's facilities.

Age Requirements on Purchases

You must be over the age of eighteen (18) to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

Backups and Data Loss

It is the subscribers’ responsibility to maintain accurate backup data for all services maintained at Vazio regardless of any backups that Vazio may maintain. Your use of the service is at your sole risk. Vazio is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Vazio servers.

License to Vazio

User hereby grants to Vazio a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:

• Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
• make archival or back-up copies of the User Content and the User Web site.
• Except for the rights expressly granted above, Vazio is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
• Vazio in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Vazio shall not be liable to User for any loss or damages that may result from such conduct.

Caching

User expressly:Grants to Vazio a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by Vazio under this Agreement and Agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.

Disclaimer

Vazio shall not be responsible for any damages suffered by your business. Vazio makes no warranties of any kind, expressed or implied for services we provide. Vazio disclaims any warranty or merchantability, profitability or fitness for a particular purpose. Vazio does not warranty any data, including, without limitation, any damage caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay or operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, torturous behavior, negligence, or under any other cause of action and any and all service interruptions caused by Vazio and its employees.

Vazio will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Vazio may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.

Vazio may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or legal governmental request. Vazio assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Vazio may disclose subscriber information or information transmitted over its network where necessary to protect Vazio and others from harm, or where such disclosure is necessary to the proper operation of the system.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

INODES

The use of more than five million (5,000,000) INODEs on any shared account may potentially result in suspension. Accounts found to be exceeding the five million (5,000,000) INODE limit will automatically be removed from our backup system to avoid over usage. Be aware, every file (a webpage, image file, email, etc) on your account uses up one (1) INODE.

Reseller: Client Responsibility

In addition to all terms and conditions described in this Agreement, the following shall also be applicable Resellers.

Resellers are responsible for supporting their clients. Vazio does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes.

Resellers are responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Vazio will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with this Acceptable Use Policy/Terms of Service. In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.

Vazio is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Vazio from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Acceptable Use Policy/Terms of Service or other improper actions by the Reseller.

Users who have been signed up by Resellers agree to operate their Web sites in accordance with this Acceptable Use Policy/Terms of Service.

Customer Access to Dedicated Servers

Customers with Dedicated Servers are entitled to free administrative support via our online support ticket system. If the customer chooses to allow Vazio to fully administer their Dedicated Server only File Transfer Protocol ("FTP") and non-privileged SSH access will be given to the customer. Those customers who also wish to have administrative level access (root access) to their Dedicated Server may do so at no additional cost by submitting a support ticket at any time. All customers who do request administrative level access (root access) to their Dedicated Server will become wholly responsible for the ongoing stability of the server. Vazio will not be responsible for any service related issues related to the stability of the server in these cases. Vazio will also not be responsible for any outages or down-time related to problems with the Operating System. Vazio will only provide administration support upon request and will not monitor these servers for uptime or outages since the customer will have the ability to stop critical services which may be monitored. Vazio will not attempt to resolve or troubleshoot any core package issues or file system corruption issues that may arise if the customer has administrative level access (root access) to their Dedicated Server. In the event that the server Operating System becomes unstable or damaged beyond reasonable repair Vazio’s liability will be strictly limited to reloading the server with a fresh installation of the Operating System and base packages during normal business hours.

Billing and Payment

User will pay to Vazio the service fees for the Services in the manner set forth in the Registration Form. Vazio may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term.

The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Vazio's net income). All such taxes may be added to Vazio’s invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.

Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due within fifteen (15) days after the date of the invoice. If the invoice and all late fees are not fully paid by fifteen (15) days after the DUE date of the invoice, then services will be terminated. If Vazio collects any monies provided for by law, either through an attorney , under the advice of an attorney, or through a collection agency, or if Vazio prevails in any action to which the User and Vazio are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Vazio's reasonable attorneys' fees.

User acknowledges and agrees that Vazio may pre-charge User's fees for the Services to its credit card supplied by User during registration for the Initial Term. There may be a minimum $35.00 charge for all credit card charge backs. If any check is returned for insufficient funds Vazio may impose a minimum processing charge of $25.00. In the event that any amount due to Vazio is not paid when due, Vazio, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.

YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN "CANCELLATIONS" SECTION.

Payment Policies

Accounts will not be activated or reactivated without prior payment. All domain name renewal fees are due thirty (30) days prior to the renewing date of the domain name. Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received. Any losses or expenses experienced by the User, due to actions taken by Vazio in response to Users non-payment, are the complete responsibility of the User.

Payment Processing

Vazio's preferred method of payment is credit card. By purchasing our hosting services, you are agreeing to allow Vazio to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select. You grant Vazio permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.

Vazio also accepts PayPal payments. Please be aware if you use PayPal you are responsible for transferring monies due and payable for your subscription each period of the subscription; funds are not transferred automatically with PayPal.

When an account is cancelled, all copies of the Web site and e-mail files may be permanently and irretrievably removed from our servers. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. If we make any refunds due to charges you dispute with your credit card Vazio we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Vazio as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

Price Change

While Vazio does not anticipate price changes, the amount you pay for hosting may increase from the date of purchase. We reserve the right to change prices listed on our sites, and the right to increase or decrease the amount of resources and/or fees assessed to plans at any time.

Cancellations

Customers who chose to cancel service must do so in writing (certified mail, email, trouble ticket) thirty (30) days before the end of their next billing cycle. No pro-rated or per-diem refunds will be made.

Vazio reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Refunds

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Uptime Guarantee

Vazio guarantees 99.9% uptime, evaluated on a monthly basis. Please refer to the Vazio Service Level Agreement for more details.

Property Rights

Vazio hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Vazio’s technology, products and services solely for the purpose of accessing and using the Services. User may not use Vazio's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Vazio to User any Vazio technology, and all rights, titles and interests in and to any Vazio technology shall remain solely with Vazio. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from Vazio.

Vazio owns all right, title and interest in and to the Services and Vazio's 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"). Nothing in this Agreement constitutes a license to User to use or resell the Marks.

Limitation of Liability

IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. These limitations shall not apply to User's indemnification obligations.

Notwithstanding anything to the contrary in this Agreement, Vazio's 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 User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

User understands, acknowledges and agrees that if Vazio takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Vazio shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Vazio.

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.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Vazio harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Vazio, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vazio against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Vazio; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Vazio's server.

Independent Contractor

Vazio and User are independent contractors and nothing contained in this Agreement places Vazio and User in the relationship of principal and agent, master and servant, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Arbitration

All Customers of Vazio agree that there service will be primarily served from the State of California and agree to be bound to any and all California Laws. By using any Vazio’s services, you agree to submit to binding arbitration in the forum state of California. If any disputes or claims arise against Vazio or its subsidiaries, such disputes will be handled by an arbitrator of Vazio's choice. An arbitrator from the American Arbitration Association or the National Arbitration Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration including but not limited to the fees associated with the retention of an arbitrator.

Disclosure to law enforcement

Vazio may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Entire Agreement; Amendments

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or Vazio, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and Vazio. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Vazio in its sole discretion, without notice, which modifications will be effective upon posting to Vazio's Web site.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Waiver

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Notices

All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person, "via email" or by an overnight delivery or postal service, upon receipt if delivered by "email" or facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures, unless stated otherwise herein. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Vazio may give written notice to User via electronic mail to the User's electronic mail address as maintained in Vazio's billing records.

Assignment; Successors

User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Vazio. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Vazio may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Counterparts

If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Vazio's records of such execution shall be presumed accurate unless proven otherwise.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Government Regulations

User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction User operates or does business.

COPYRIGHT NOTIFICATION

Reporting Copyright Violations

Vazio respects the intellectual property rights of others, and we ask our users to do the same. Vazio observes and complies with the United States' Digital Millennium Copyright Act ("DMCA"). If you are a copyright or other intellectual property rights owner or an agent thereof and believe that any User Submission or other content infringes upon your rights, you may submit a Notice of Claimed Infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Vazio’s Copyright Agent with the following information in writing (please consult legal counsel or see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit your written Notice of Claimed Infringement to Vazio’s DMCA Agent at:

Jessica M. Pena, Esq.
15560 Rockfield Blvd.
Building C, Suite 205
Irvine, California 92618
Phone: (866) 280-8391
Fax: (866) 954-5115
jessicap@vazio.com
DMCA Agent Registration

Or, to expedite the process, you may elect to complete and submit a Notice of Claimed Infringement through our online form. You acknowledge that if you fail to substantially comply with 17 U.S.C.S § 512 (c)(3)(A) your DMCA notice may not be valid.

Copyright owners should be aware that there are substantial penalties for false claims and that Vazio will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Vazio must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Vazio may do so by disabling access to your entire web site.

Counter-Notification

If you believe your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice to the above referenced DMCA Agent.

 

Reporting Non Copyright Violations

Vazio encourages Users to report violations of this policy by email to: abuse@vazio.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the email.

Information Security Administrator
Vazio Network Services
15560 Rockfield Blvd.
Building C, Suite 205
Irvine, California 92618
abuse@vazio.com

PRIVACY POLICY

Vazio has created this Privacy Statement to demonstrate our commitment to privacy. Vazio reserves the right to change this statement at any time. Any changes made to this statement will be posted on this page. Vazio does not govern and is not responsible for the privacy policy, content, or information collected on any Web site linked to or from the Vazio Web site. Vazio is the sole owner of the information collected on this site.

Information Automatically Logged

For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible). We also collect user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal review, is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor and then discarded. We log your IP address to help diagnose problems with our server and to administer our Web site. Your IP address may also be used to display regional advertising banners.

Security Measures

We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. Examples include limited access, firewalls and security analyzers using SSL encryption to protect transmission of data.

Confidential Information

All the statistical information we compile for your web site and personal information that we collect about you is considered confidential. This information is protected by usernames and passwords. You should keep your password and user name confidential. We have implemented industry standard security mechanisms to protect this information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Third Party Access to Information

Vazio will not access, modify, or otherwise divulge the statistical information we compile for your site except for the express purpose of generating reports, or unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Vazio; (3) enforce our agreements with customers and visitors; or (4) troubleshoot any service or support problems. Also, like many companies that accept payment by credit card, Vazio may share customers' personal information with qualified third parties in order to process your order or perform a credit worthiness check.

Vazio may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined herein. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we treat this information as property of Vazio and thus can be transferred as an asset in the event of acquisition or merger.

Advertisers

An outside advertising company is sometimes used to display banners on our site. Such company may choose to use cookies. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies are used to recognize the user and track them while the user is browsing our website in order to enhance browsing experience. With respect to cookies: we use cookies to ensure that visitors are not repeatedly sent the same banner ads.

Web Hosting Companies Registration

Forms exist on our site for Registration by Web Hosting companies. Information collected in this form, is public information that is displayed to anyone who conducts a search for a Web Hosting Provider on our website. You can choose to not participate in this service; your details will be removed from the public Search. Additionally, information provided by a Web Hosting company about the Nameservers owned by the particular company is used to generate various publicly available statistics. The Nameserver details will not be disclosed by us to any third-parties.

User Registration

Forms exist on our website for User Registration (apart from those users who register as Web Hosting Companies). This information is used by us to contact the users and provide them the services they are registering for.

Site Usage Tracking

Vazio may use electronic or other information means to find out the web pages preferred by its users. It may also collect and store statistics and other information about the online activities of its visitors on an aggregated (collective) basis. For example, we may track the number of people who view each page, the order in which pages are viewed and other information. The better understanding of the user's profile helps Vazio continually improve and enhance the services we offer. The collected information also helps the advertisers, partners and third parties of Vazio learn which areas are more popular and refine their design and marketing efforts.

Order Forms

Our site uses an order form for all users to request our services. We collect contact information and financial information. This information is used for contacting customers and for billing.

Vazio commits not to disclose, publish, sell or hire personally identifiable information to any advertiser, partner or third party interested to provide services or anything else to its users. But it keeps the right to use the collected personally identifiable information in order to send itself informational and promotional material on behalf of its advertisers, partners or third parties.

If you do not want to receive e-mail from us in the future, please let us know by contacting us at support@vazio.com

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Please review this statement from time to time to determine whether our information practices have changed.

Upon request we provide site visitors with access to all information (including proprietary information) that we maintain about them. Consumers can access this information by e-mailing us at the above address.

If you feel that this site is not following its stated privacy policy, you may contact us at support@vazio.com

ANTI-SPAM POLICY

The abuse and misuse of e-mail is a serious problem, and Vazio takes a zero tolerance stance against it. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Vazio’s customers who are suspected to be using Vazio products and services for the purpose of sending spam are fully investigated. Once Vazio determines there is a problem with spam, Vazio will take the appropriate action to resolve the situation. If you have been a victim of SPAM sent by one of our customers, please forward the e-mail, including its headers, to abuse@vazio.com.

What is Spam

Vazio defines spam as the use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Vazio or the sending of Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE), which advertises any IP address belonging to Vazio or any URL (domain) that is hosted by Vazio, to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

1. Email Messages
2. Unsolicited postings to newsgroups
3. Windows system messages
4. Pop-up messages (aka "adware" or "spyware" messages)
5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
6. Online chat room advertisements
7. Guestbook or Website Forum postings
8. Solicitations
9. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message
10. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM
11. The use of invalid or non-existent domain names
12. The use of deceptive addressing
13. Otherwise violate Vasio’s Authorized Use Policy and other Terms of Service.

What We Allow and Don't Allow

Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws. We will not allow our servers and services to be used for the purposes described herein. In order to use our products and services, you must abide by Vazio’s no spam policies, all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act.

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by Vazio, conclusive proof of opt-in may be required for an email address or fax number.

What We Do

If Vazio determines that services are being used in association with spam, Vazio reserves the right to terminate, without warning, any account. Usage of Vazio’s services constitutes acceptance and understanding of this policy. If the registrant or customer wishes to obtain reactivation, the registrant or customer will be required to respond by email to Vazio stating that they will cease to send spam and/or have spam sent on their behalf. Vazio will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated.

In the event that Vazio determines the abuse has not stopped after services have been restored the first time, Vazio will permanently terminate the hosting and email boxes associated with domain name in question.

Vazio reserves the right to decide what it considers "SPAM", Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent.

Vazio reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Vazio.

To Report Spam Abuse

Vazio encourages all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

Email: abuse@vazio.com

Basic Mailing List Rules of Play

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool. Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists; Company A should not summarily incorporate Company B's mailing lists into its own.

SERVICE LEVEL AGREEMENT

Vazio is committed to providing services to its customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure Vazio customers of ultimate performance and maximal uptime.

Guarantee

Vazio will credit Customer's account if Vazio fails to meet this Server Uptime Guarantee during any given calendar month. "Server Unavailability" consists of the number of minutes in excess of forty five (45) minutes in a given month that the Dedicated Server was not available to the customer. But will not include unavailability which Customer fails to report to Vazio via email or trouble ticket within five (5) days, or any unavailability resulting from (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) the failure of power, facilities, equipment, systems or connections not provided by VAZIO; (iii) the failure of Third Party Service to VAZIO's network; (iv) application, software, or operating system failure, (v) the result of network maintenance activity, (vi) Denial of Service attack, hacker activity, or other malicious event or code targeted against VAZIO or a VAZIO Customer, or (vii) failure of any Network or Internet Infrastructure not owned or managed by VAZIO.

Remedies

For each cumulative hour (60 minutes) of Server Unavailability in excess of forty five (45) minutes any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the Customer’s Reoccurring Monthly Fee for the specific service or services affected, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.

Limitations of Guarantee

The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month. Guarantees will not apply if downtime or unavailability occurs during standard maintenance windows or when Customer is notified at least 24-hours in advance of maintenance activities and/or unavailability of service guarantees.

Credits or remedy will be provided only upon request of the customer. Requests for credit due to server unavailability must be received via email within 5-days of the failure. This e-mail must contain documentation supporting the claim of an SLA violation such as PING and/or traceroute output taken at the time of the occurrence from multiple sources which demonstrates the problem(s) being reported.

Credits will be applied to the standing balance of the customer account, automatically usable only toward future purchases or future recurring charges. No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.

Customer must be a Vazio customer in good standing to receive any and all Credits. No Credit will be applied to accounts that are past-due or for accounts that are canceled before the conditions for payment of the Credit are met. Upon cancellation of the customer's account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.

This SLA is subject to change at the sole discretion of Vazio without notice to Customer. All changes made to the SLA will be effective immediately upon posting to the site.

This SLA in no way construes Vazio will guarantee performance against failures of application specific issues, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at Vazio sole discretion to determine fault and identify failure to perform under the obligations of this SLA.