Effective Date: March 1, 2012
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY VA HOSTING SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN VA HOSTING AND YOU, INCLUDING ANY VA HOSTING CUSTOMER, USER, OR WEBSITE VISITOR (collectively referred to herein as "Customer").
TERMS OF SERVICE
These Terms of Service form part of an agreement (this/the "Agreement") between Vagrant Aristocrat Web Hosting ("VA Hosting") and Customer. This Agreement governs provision of VA Hosting's services (the "Service") and is effective as of the moment Customer uses any VA Hosting website or element of the Service.
In addition to these Terms of Service, this Agreement consists of the following, each of which is incorporated into this Agreement by this reference: VA Hosting's acceptable use policy (the "AUP"), VA Hosting's billing policy, and VA Hosting's privacy policy, all available on VA Hosting's website. VA Hosting reserves the right to change these policies at any time. Changes are effective immediately upon posting to the VA Hosting website.
THE SERVICE
VA Hosting will provide the Service pursuant to this Agreement.
If agreed between the parties, the Service may include professional services, including services provided with the support or assistance of a VA Hosting contractor ("In-House Consulting"). VA Hosting may also refer Customer to a third-party professional services provider ("Third Party Consulting").
In-House Consulting is subject to the same terms and conditions as other elements of the Service, including without limitation the disclaimers and limitations of liability in Section 8 below. In-House Consulting is also subject to the terms and conditions of any statement of work executed by authorized representatives of both parties. Fees for In-House Consulting are in addition to Service fees required pursuant to Subsection 2(a) below. Customer will pay for In-House Consulting at VA Hosting's then-standard rates, unless the relevant statement of work specifically provides for a different payment structure.
Third Party Consulting is not part of the Service, and VA Hosting will have no responsibility or liability for Third Party Consulting, even if VA Hosting recommends the Third Party Consulting provider and/or the Third Party Consulting is related to the Service or to Customer's ability to receive or exploit the Service. In the event that VA Hosting is held responsible or liable for Third Party Consulting, such responsibility or liability will be subject to the disclaimers and limitations of liability below.
NO WARRANTY
Service provided by VA Hosting is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to: warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. At no time shall advice or information given by VA Hosting, its agents or employees, constitute a warranty. VA Hosting provides no warranty that Service will be uninterrupted or error-free, or that information or material accessible on Service is free from harmful components. Under no circumstances shall VA Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from use of or inability to use Service, or from mistakes, omissions, interruptions, delays of transmission, errors, deletion of files, defects, or any failure of performance.
If Customer is unsatisfied with Service provided by VA Hosting or any of its accompanying terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to discontinue using the service and close VA Hosting account. Customer's account may be terminated upon request in writing to VA Hosting.
DATA BACKUPS
Use of Service provided by VA Hosting is at Customer's own risk. VA Hosting is not responsible for data and files associated with Customer's account. VA Hosting will back up data and files associated with Service provided to tape or other suitable archival medium on a best effort basis, but does not warrant the availability and fitness of said backups. Archival data may be requested by Customer for data or files associated with the requesting party's account for a fee not to exceed $100 USD per incident or request.
INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless VA Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from Customer's use of Service which damages either Customer, VA Hosting or any other party or parties without limitation or exception.
REFUSAL OF SERVICE
VA Hosting reserves the right to refuse, discontinue, or terminate service to anyone at their sole discretion. In the event an account is terminated due to a violation of any VA Hosting policy, any outstanding account balance, current and past balances paid, plus any fees or penalties, are non-refundable.
PRIOR AGREEMENTS
This Agreement supersedes any written agreement (electronic or otherwise) or communication VA Hosting may have had and constitutes the total agreement between the parties.
SEVERABILITY
Should any provision of this Agreement be determined to be invalid, unenforceable or unfit, all other provisions shall remain in full force and effect and said provision shall be reformed to the extent necessary to make it valid, enforceable, or fit. Such changes are the sole discretion of VA Hosting.
APPLICABLE LAW AND JURISDICTION
The laws of the state of Illinois govern all matters arising out of or relating to this Agreement and any Service provided by VA Hosting. Any party bringing legal action or proceeding against any other party shall bring such legal action or proceeding in the District Court of Champaign County, Illinois. The parties consent to the exclusive jurisdiction of such court and each party waives, to the fullest extent of the law, any objection that it may now or later have to the exclusive jurisdiction of such court. Customer agrees that all Service provided by VA Hosting shall be deemed to be requested and provided in Champaign County, Illinois.