VALICE, INC UNIVERSAL TERMS AND CONDITIONS OF SERVICE
Last Revised: July 26, 2012
HOSTING SERVICES The following terms and conditions shall apply to any and all purchases of shared web hosting or VPS hosting plans.
1. Description of Service
1.1 Valice agrees to provide to you the Hosting Services you purchase during the sign-up process. Valice reserves the right to amend its Hosting Services offerings and to add, delete, suspend or modify the terms and conditions of the Hosting Services, at any time and determine whether and when any such changes apply to both existing and future customers.
2. Fees and Payment Terms
2.1 Hosting Services shall be paid by valid payment method (acceptable to Valice) at the time of purchase at the fee set forth on our Website. Your monthly, quarterly and annual payments for Hosting Services shall be automatically charged to the payment method provided by you at the time of your purchase (with such payments being charged in advance on a monthly, quarterly or annual basis, as applicable) each month, each quarter or annually, as applicable (“Hosting Services Fee”), and you hereby agree that Valice is authorized to so charge the payment method on file. Valice, in its sole discretion, shall determine the prices it will charge for the Hosting Services, and the terms and conditions applicable to the same, and Valice may, upon providing thirty (30) days prior written notice to you by email, amend such pricing and/or terms and conditions. If you do not agree to any such pricing and/or terms and conditions change(s), you may terminate this Agreement (or cancel your Hosting Services, as applicable) as provided herein within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for any new Hosting Services Fee, on the next monthly or annual (as applicable) payment cycle.
2.2 In addition to recurring service fees, Valice may charge setup fees and other one-time fees for any optional services as set forth on our Website and/or described in this Schedule (collectively “one-time fees”). Billing for one-time fees shall be by valid credit card (acceptable to Valice) at the time of purchase at the price set forth on our Website. Your one-time fees shall be automatically charged to the credit card provided by you (and acceptable to Valice) at the time of your purchase, and you hereby agree that Valice is authorized to so charge your credit card. Valice, in its sole discretion, shall determine the prices it will charge for all one-time fees.
2.3 Should you terminate or cancel any package or subscription prior to the completion of the time period for that package Valice will not issue a refund for any unused time the corresponding subscription.
2.4. Valice will suspend your account if you request a chargeback on your credit card for automatic charges to your credit card for excess data transfer usage (see Section 6 below).
3. Term and Termination
3.1 Term. Your Hosting Services shall be either on a month-to-month basis for successive monthly periods, on a quarter-to-quarter basis for successive quarterly periods, or on a year-to-year basis for successive yearly periods until either party notifies the other of termination or cancellation in accordance with this Agreement, and subject to the then-current terms and conditions of this Agreement at the time of any renewal of your Hosting Services.
3.2 Cancellation. Subject to your obligation you may cancel your Hosting Services at any time. To cancel your Subscription Service you must notify Valice by making a termination request in your control panel. Your Hosting Services will be canceled as of the expiration of the monthly, quarterly or annual billing cycle in which your notice was received. Any fees already paid to Valice shall not be reimbursed to you.
4. Additional Warranty Disclaimers and Limitations of Liability
4.1 ADDITIONAL DISCLAIMER. VALICE IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY VALICE.
4.2 Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. Valice has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet.
4.3 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Hosting Services or obtain from the Internet.
4.4 You agree that if Valice takes any corrective action under this Agreement in response to your or your end users’ actions or failures to act, that corrective action may adversely affect you or your end users and you agree that Valice shall have no liability to you or your end users due to any corrective action taken by Valice.
4.5 You agree that Valice has no obligation to backup any data related to your website unless Valice expressly agrees otherwise in writing (or has expressly stated so on its Website). You agree that you will regularly backup your data whether or not Valice agrees to or actually does backup any data.
5. Restrictions on Use
5.1 Valice does not intend to and shall have no obligation to systematically monitor the content that is submitted, stored, distributed or disseminated by you via the Hosting Services (the “Content”). Your Content includes content of your end users and/or users of your website. Accordingly, you are responsible for your end users’ content and all activities on your website. Valice, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of your Content and suspension and/or termination of your Hosting Services, in the event of notice of any possible violation of this Agreement by you or your end users. You agree that Valice will have no liability to you or any of your end users due to any corrective action that Valice may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. You agree to the additional restrictions of use for the ancillary services provided by Valice in conjunction with the Hosting Services that are found in other schedules to this Agreement.
5.2 You warrant that your Content does not violate or infringe any copyright, trademark, patent or intellectual or other proprietary property right of any third party or contain any obscene or libelous material or otherwise violate any law or regulation.
5.3 Your use of networks or computing resources provided to Valice by third party providers and made available to you as part of the Hosting Services is subject to the respective permission and usage policies of such third parties.
5.4 You expressly (i) grant to Valice a license to cache the entirety of your Content and your Website, including content supplied by third parties, hosted by Valice under this Agreement, and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
5.5 You agree that you will not exceed the bandwidth or storage space limits applicable to the Hosting Services purchased, as set forth on our Website. You agree that if you do exceed either of such limits, Valice, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, deletion of part or all of your content, assessment of additional fees, suspension and/or termination of your Hosting Services. You agree that Valice will have no liability to you or any of your end users due to any corrective action that Valice may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. Furthermore, Valice’s hosting servers are not an archive and Valice shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall at all times, use the space provided to you on Valice’s hosting servers exclusively for serving up and deploying your website. You shall not use the space provided to you on Valice’s hosting servers in any way which may result in an excessive load on Valice’s equipment and/or network, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of the space provided to you on Valice’s hosting servers and your services shall be in a manner consistent with the terms and conditions of this Agreement and shall not in any way impair the functioning or operation of Valice’s equipment or network. Should your use of the Valice services result in a violation of this or any other part of this Agreement, in Valice’s sole discretion, Valice may suspend your services until the cause of any such violation is determined and resolved.
6. Data Transfer Overage Charges
6.1 You agree that you will not exceed the data transfer (bandwidth) or storage space limits applicable to the Hosting Services purchased, as set forth on our Website. You agree that if you do exceed either of such limits, Valice, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Hosting Services. You agree that Valice will have no liability to you or any of your end users due to any corrective action Valice may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
6.2 For VPS Hosting Services, you agree that Valice may automatically charge your credit card for any bandwidth overage fees. You may opt-out of automatic charges to your credit card by contacting Customer Service. If you opt out of the automatic overage charges, you risk account suspension if you exceed your allotted amount.
7. Other Terms and Conditions
7.1 The Hosting Services we provide under this Agreement may incorporate other products or services that we provide, or products or services provided by third parties with whom we have a business relationship (“Additional Services”). Your use of these Additional Services may be subject to a separate application and/or approval process and you reaching separate agreements with us or with third parties. (For example, if you desire to accept credit card payments through a website you establish via the Hosting Services, your relationship with the third-party merchant account provider may be subject to an application and approval process and you reaching a separate agreement with such provider.) Some of these separate agreements may require you to pay fees in addition to the fees that you pay us for the Hosting Services. We will strive to let you know when your receipt of Additional Services will require you to enter into a separate agreement, whether with us or with a third-party, and whether such separate agreement will require you to pay additional fees. Additionally, depending on the services you elect to receive, you may be responsible for establishing and maintaining a commercial banking relationship with a financial institution. The terms of any such relationship shall be between you and the financial institution and will not necessarily reflect or incorporate terms of any agreements we may have with the institution. Further, you agree that our third party vendors providing any services as part of the Hosting Services, and their successors, are intended third-party beneficiaries under this Agreement and will be entitled to enforce your obligations under this Agreement. Finally, you acknowledge and agree that other Schedules in this Agreement may apply to the various services included in your Hosting Services package (for example, Schedules related to domain name registration, email, etc.), and that you have read and you agree to be bound by the additional terms and conditions in those schedules.
7.2 For any Hosting Services, Valice may also offer Managed Services or Maintenance plans in addition to providing its standard support services. Such services are available to assist you with complex technical functions and issues related to Hosting Services and are available for a fee that will be charged to your credit card based on the amount of support time used, a fixed fee, monthly fee, quarterly fee or annual fee. Valice makes no warranties with respect to any technical support services provided to you and you are solely responsible for the management of your hosting system, server software and applications.