By using the services of ExaVault, Inc. (“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/
1. THE COMPANY
ExaVault, Inc. is a corporation registered in the State of California, United States of America. Company headquarters are at 555 12th St., Suite 110, Oakland, CA 94607.
2. THE SERVICE
We provide Internet accessible storage space to our Customers, so that you may store and access a copy of your computer data in an offsite location. The storage space is accessible by a variety of protocols of our choosing, such as 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.
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.
We take the privacy of our customers very seriously.
We protect customer data by using a ‘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. We may also look at file metadata, such as filenames and file sizes.
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.
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.
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.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
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.
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.