Hardware Warranty
All hardware purchases have a 15 day return policy. Returns must be accompanied with all packaging and be in like new condition.
All warranty claims beyond 15 days must be handled directly through the manufacturer, excluding Touch brand computer systems which
can be handled through DigitalVault Internet Solutions. End users are responsible for all shipping and labour charges incurred for warranty claims.
User Responsibilities
You are solely responsible for any and all activities that occur under your account
and ensuring that you exit or log-off from your account at the end of each
session of use. You shall notify DigitalVault Internet Solutions immediately of any unauthorized use of
your password or account or any other breach of security that is known or
suspected by you. You shall also use your best efforts to stop immediately any
copying or distribution of Content that is known or suspected by you.
DigitalVault Internet Solutions
shall not be responsible for any unauthorized access to, or alteration of, your
transmissions or data, any material, information or data sent or received,
regardless of whether the data is actually received by DigitalVault Internet
Solutions, or any
transactions entered into through the Service or failure to abide by this
Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E.
BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Indemnification
You shall
indemnify and hold DigitalVault Internet Solutions and its parents, subsidiaries, affiliates, officers,
directors, employees, attorneys, and agents, harmless from and against any and
all claims, costs, damages, losses, liabilities, and expenses (including
attorneys' fees and costs) arising out of or in connection with your use of the
Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties
DIGITALVAULT INTERNET SOLUTIONS
AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR
COMPLETENESS OF THE SERVICE OR ANY CONTENT. DIGITALVAULT INTERNET SOLUTIONS AND ITS AFFILIATES DO NOT
REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY,
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE
SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU
STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW BY DIGITALVAULT INTERNET SOLUTIONS AND ITS AFFILIATES.
Limitation of Liability
IN NO
EVENT SHALL DIGITALVAULT INTERNET SOLUTIONS AND ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING
BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT
OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF DIGITALVAULT INTERNET SOLUTIONS AND ITS AFFILIATES HAVE
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SPAM Policy
DigitalVault Internet Solutions is committed to a zero-tolerance Anti-Spamming policy. Under this policy,
DigitalVault Internet Solutions prohibits Spam, or any unsolicited commercial email, from being sent either:
Over DigitalVault Internet Solution’s by Customers or any other users of DigitalVault Internet Solution’s
network (including Customers' customers); AND/OR over ANY network, if the message(s) sent advertises or mentions
a site hosted on DigitalVault Internet Solution’s servers.
DigitalVault Internet Solutions reacts very quickly and seriously to violations of this policy, and further reserves the right
to terminate the services, without prior notice, of any Customer disregarding this policy. Sending unsolicited
commercial email (also known as "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene
or threatening messages while using or referring to DigitalVault Internet Solution’s email address(es) or web site
URL(s) is prohibited. The use of DigitalVault Internet Solution’s servers as a mail drop for responses to activities
described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $1000 with no
refunds given.
Content Policy
All services provided by DigitalVault Internet Solutions may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material(s) in violation of any United States, Canadian, and/or Panama Federal, State
or City law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property,
material(s), threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless DigitalVault Internet Solutions from any claims resulting from the use
of the service which damages the subscriber or any other party.
Illegal pornography and sex-related merchandising is prohibited on all DigitalVault Internet Solution’s servers.
This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. DigitalVault
Internet Solutions will be the sole arbitrator in determining violations of this provision. Also prohibited are sites that
promote any illegal activity or present content that may be damaging to DigitalVault Internet Solution’s servers or any
other server on the internet. Links to such material(s) are also prohibited.
Examples of unacceptable content or links:
Pirated software;
Hacker programs or archives;
Warez sites;
Illegal Adult sites;
MP3 Sites;
Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming or hacking
will result in your site being shut down and all your files deleted without warning. The same is also applicable for
all resellers and any other sub accounts hosted under these reseller accounts. DigitalVault Internet Solutions will be
the sole arbitrator as to what constitutes a violation of this provision.
Backups
Full system backups are made daily by our server providers. Account backups are made weekly by our server providers.
No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made
for server restoration purposes only. IT IS THE CLIENTS' RESPONSIBILITY TO MAINTAIN LOCAL COPIES OF THEIR WEB CONTENT
AND ANY OTHER INFORMATION. The Backup Manager is available to every Customer and you can use this tool to backup your files.
Modification to Terms
DigitalVault Internet Solutions
and its affiliates reserve the right to change the terms and conditions of this
Agreement or its policies relating to the Service at any time and shall notify
you by posting an updated version of this Agreement on the Service and/or by
sending you an email message. You are responsible for regularly reviewing this
Agreement. Continued use of the Service after any such changes shall constitute
your consent to such changes.
Termination
DigitalVault Internet Solutions,
in its sole discretion, may terminate your password, account or use of the
Service and remove and discard any Data within the Service if you fail to comply
with this Agreement. You may terminate your user account upon notice to
DigitalVault Internet Solutions
at any time; however, you will not receive a refund of any portion of your fees
paid to DigitalVault Internet Solutions. Upon termination by DigitalVault
Internet Solutions or at your direction, you may
request a file of your Data, which DigitalVault Internet Solutions will make available for a fee. You
must make such request at the notification of termination to receive such file
within (30) days of termination. Upon termination of an account, your right to
use such account and the Service immediately ceases. DigitalVault Internet
Solutions shall have no
obligation to maintain any Data stored in your account or to forward any Data to
you or any third party.
30 Day money back guarantee
You may
cancel your account within the first 30 days and receive a full refund of your
first months fee EXCLUDING ANY SETUP FEES. Accounts cancelled after 30
days will not be refunded.
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