Terms of Service & Data Privacy Policy
By using the services of DO IT, LLC, d.b.a. ExaVault (“Company”), you (“Customer”), agree to the following terms and conditions, and any policies, guidelines or amendments thereto (collectively, the "Terms of Service"). We reserve the right to update and change the Terms of Service from time to time without notice. You can review the most current version of the Terms of Service at any time at: http://www.exavault.com/terms.shtml
1. THE COMPANY
DO IT, LLC, d.b.a. ExaVault is a limited
liability company registered in the State of
California, United States of America. Company
headquarters are at 11501 Dublin Blvd, Suite
200, Dublin CA 94568.
2. THE SERVICE
We provide Internet accessible storage
space to our Customers, so that you may backup
a copy of your computer data to an offsite location.
The storage space is accessible by a variety
of protocols of our choosing, such as rsync,
FTP and SFTP. We charge a fee for the storage
space, as well as for certain additional add-on
services.
3. CHARGES, BILLING & REFUNDS
You agree that Company shall be permitted
to charge you on monthly, quarterly or annual basis in advance of
providing its services, for your service fee,
any applicable taxes, and any other charges you
may incur in connection with your use of our
services. The subscription fee will be billed
in full on the first day of your paid subscription
and on each billing period anniversary thereafter, unless
and until you cancel your subscription.
We reserve the right to change our fees, but we will notify you in advance if we do so. You may cancel your service at any time for any reason. If you cancel in the middle of your billing period, we will not provide a refund for the unused portion of your billing period.
We offer a 30 Day Satisfaction Guarantee. If you are not satisfied within the first thirty days of service, contact us and we will cancel your account and refund your money in full.
4. ACCEPTABLE
USE POLICY
You agree that you are responsible for
the conduct of all users of your account and
any data that is created, transmitted, stored,
or displayed by, from, or within your account
while using Company services and for any consequences
thereof. You agree to use our services only for
purposes that are legal, proper and in accordance
with the Terms of Service and any applicable
policies or guidelines. You agree that you will
not participate in, or aid others in, accessing
any Company computer system in a manner that
it is not already being made accessible in, or
accessing any customer data that is not your
own. You further agree that you will not participate
in, or aid others in, any activity that interferes
with or disrupts our services or servers or networks
connected to our services.
5. DATA PRIVACY POLICY
We take the privacy of our customers very seriously.
We protect customer data by using a ‘chroot jail environment’ on our servers, so that customers cannot see other customer’s data. The only people that have access to a given customer’s data are that customer and Company operations staff.
We do not, under any circumstances, examine the contents of your files. We, do, however look at Customer accounts in aggregate, to determine things such as amount of disk space used, amount of bandwidth used, and the like.
No Customer files or data, including data that we hold in our records for marketing and billing purposes, will ever be divulged to any party for any reason, unless such party has a court order from a United States Court to obtain such information.
We will not send your login information to anyone except to the contact that we have on file for you.
6. RESALE OF SERVICE
You are welcome to resell our services, but you must contact us and notify us of your intent to do so prior to beginning sales.
7.
SUSPENSION & TERMINATION
Company reserves the right to terminate
or suspend your access to our services at any
time for any reason, including but not limited
to failure to pay for services when due, a violation
of the Acceptable Use Policy, or a violation
of our Resale Policy.
8. INDEMNITY
You agree to hold harmless and indemnify
Company, and its subsidiaries, affiliates, officers,
agents, and employees, advertisers or partners,
from and against any third party claim arising
from or in any way related to your use of our
services, violation of this Terms of Service
or any other actions connected with use of our
services, including any liability or expense
arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and
nature. In such a case, we will provide you with
written notice of such claim, suit or action.
9.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of Company services is at your sole risk. Our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Company does not warrant that (i) our services will meet your requirements, (ii) our services will be uninterrupted, timely, secure, or error-free.
- No advice or information, whether oral or written, obtained by you from Company or through or from Company services shall create any warranty not expressly stated in the terms of service.
10. LIMITATION OF LIABILITY
You expressly understand and agree that Company
shall not be liable to you for any direct,
indirect, incidental, special, consequential
or exemplary damages, including but not limited
to, damages for loss of profits, goodwill,
use, data or other intangible losses (even
if we has been advised of the possibility of
such damages) resulting from: (i) the use or
the inability to use our services; (ii) the
cost of procurement of substitute goods and
services resulting from any goods, data, information
or services purchased or obtained or messages
received or transactions entered into through
or from our services; (iii) unauthorized access
to or alteration of your transmissions or data;
(iv) statements or conduct of any third party
on company services; or (v) any other matter
relating to company services.
11. ADDITIONAL
TERMS
Entire Agreement. The Terms of Service
(including any policies, guidelines or amendments
that may be presented to you from time to time)
constitute the entire agreement between you and
Company and govern your use of our services,
superceding any prior agreements between you
and us for the use of our services. You also
may be subject to additional terms and conditions
that may apply when you use or purchase certain
other Company services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California.
Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Headings. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.