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VivintHost.com, LLC.

7853 Gunn Hwy
Tampa, FL 33626

(844) 293-2410

Terms of Service

Please read the following terms of service carefully before using the site or signing up for any service offered by Vivint Host.

  • Last Updated: June 22, 2024
Agreement

Agreement

The following policies govern the use of the Services and are incorporated by reference into this Agreement as a whole. By using the Services, you agree to the terms of the policies listed below.

The Terms of Service (the "Agreement") is a contract between VivintHost.com, LLC ("Vivint Host" or "us" or "our") and you ("User" or "you" or "your"). The general terms and conditions of your use of the products and services provided by Vivint Host and the VivintHost.com website (collectively, the "Services") are outlined in this Agreement. You use the Services with the understanding that this Agreement binds you. You are only permitted to access or use the Services if you consent to the terms of this Agreement. Please be advised that arbitration and class action provisions may impact your rights.

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Account Eligibility

Account Eligibility

By registering for or using the Services, you represent and warrant that you are eighteen (18) or older. The Services are exclusively designed for Users eighteen (18) years or older. Any registration, use of, or access to the Services by an individual under eighteen (18) is unauthorized and constitutes a violation of this Agreement. Unauthorized use by minors may result in immediate termination of the account and potential legal consequences.

To the extent that you utilize the Services on behalf of a legal entity or another party, you acknowledge that you are authorized to commit that party to this Agreement and to act on their behalf concerning any actions you take in connection with the Services, including but not limited to, making purchases, managing settings, and accessing data.

You must furnish the registration forms with precise, current, truthful, current, and comprehensive information, including an email address distinct from the domain under which you are registering. In case of an abuse issue or a need to contact you, we will utilize the primary email address on file. It would help if you guaranteed that the contact information associated with your account, including any domain accounts, is consistently precise, accurate, and comprehensive. Vivint Host is not liable for any malfunctions in the Services, including but not limited to expired domain registrations due to obsolete contact information associated with the domain. Please get in touch with our sales team via email or update your contact information through the Vivint Host Billing and Support System if you need to authenticate or modify your information. The provision of any fraudulent contact information may lead to the termination of your account. Suppose you are purchasing a dedicated server or in certain other circumstances. In that case, you may be required to provide government-issued identification and potentially a scan of the credit card used for verification. Your order may only be accepted if you supply the requested information.

You consent to assume complete responsibility for all actions that occur through your account and for the use of your account. You must ensure the confidentiality of your password and any other information pertaining to your account's security. IP justification, which is the process of proving the need for a dedicated IP address, may be required for any dedicated IP order not included in a hosting contract. This is to ensure adherence to the American Registry for Internet Numbers (ARIN) policies. Please note that IP justification practices are subject to modification. We reserve the right to deny any dedicated IP request if the justification is insufficient or the current IP utilization is high.

Transfers

Transfers

Our dedicated Transfers Team is here to guide you through the process of transferring your website to us. Additional migrations are available at our standard hourly admin rate, and transfers are provided as a courtesy service for up to 10 cPanel accounts. We require a complete cPanel backup from your current host, with the compressed account size not exceeding 1 GB. Please note, we reserve the right to modify or terminate our transfer policy at any time.

The availability, plausibility, or time required to complete an account transfer are not guaranteed by us. We want to inform you that migration of some or all account data may be exceedingly challenging, if possible, because each hosting company is configured differently, and specific hosting platforms save data in an incompatible or proprietary format. We may need help migrating data from an outdated host in certain instances. The gratis transfer service is available for thirty (30) days from the date of sign-up, where it is available.

A charge may be incurred for transfers outside thirty (30) days. For a detailed price quotation, please get in touch with a member of our Transfers department. Please be aware that VivintHost cannot be held responsible for any lost or missing data or files that may occur during a transfer to or from Vivint Host. This could include website content, databases, email accounts, or any other data or files associated with your website. In all cases, it is your sole responsibility to ensure the backup of your data.

Vivint Host Content

Vivint Host Content

All content available through the Services, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively, "Vivint Host Content"), are the proprietary property of Vivint Host or Vivint Host's licensors, except User Content (as defined below). Unauthorized use of Vivint Host Content, such as modifying, duplicating, distributing, framing, reproducing, republishing, downloading, scraping, displaying, posting, transmitting, selling, or exploiting for any purpose, in whole or in part, in any form or by any means, is strictly prohibited. Reverse engineering, decompiling, disassembling, or any other method of attempting to extract source code or other trade secrets from any Vivint Host Content is also strictly prohibited, whether directly or indirectly. Your rights to use the Services and any Vivint Host Content will be automatically terminated if you use Vivint Host Content in a manner that is not explicitly authorized herein. It's important to note that VivintHost and Vivint Host's licensors retain all rights to use Vivint Host Content not expressly granted in this Agreement.

User Content

User Content

As a user, you have the ability to upload, store, publish, display, and distribute various forms of content on or through the Services, collectively referred to as 'User Content'. This includes any content posted by you or by users of your websites hosted through the Services. It's important to note that you are solely responsible for all User Content, transactions, and other activities on or through User Websites. By posting or distributing User Content on or through the Services, you are making a representation and warranty to Vivint Host that you have all the necessary rights to do so, and that your actions do not infringe or violate the rights of any third party.

It's crucial to understand that using your /home/ directory as a backup storage location, including cPanel, WHM, and third-party applications, is not allowed. All websites are automatically backed up on a nightly basis in third-party locations. If you need to perform your backups, you must acquire block storage from us at $19.95 per month for 100 GB. Please be aware that Vivint Host retains the right to delete any files that violate this policy at our sole discretion. Users who breach this policy will face immediate suspension and termination.

By using our Services, you grant Vivint Host a non-exclusive, royalty-free, worldwide right and license to (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) make archival or backup copies of User Content and User Websites solely to provide the Services. It's important to note that Vivint Host does not acquire any right, title, or interest in or to the User Content except for the rights expressly granted herein. All of the User Content shall remain solely with you.

Vivint Host is not responsible for the content of User Content or any information that passes through Vivint Host's computers, network nodes, points of presence, or the Internet, and it exercises no control over it. Vivint Host does not monitor User Content. Nevertheless, you acknowledge and consent that Vivint Host may, but is not obligated to, immediately impose any corrective action in its sole discretion, such as the removal of all or a portion of the User Content or User Websites and the suspension or termination of any Services without refund, if you violate the terms of this Agreement. You now acknowledge that Vivint Host shall not be held liable for any corrective action that Vivint Host may implement.

Third Party Products and Services

Third Party Products and Services

Third Party Providers

Vivint Host may provide a limited selection of third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Special third-party offers, promotions, and discounts may be subject to additional restrictions and limitations imposed by the third-party provider. It's crucial that you take the initiative to verify the terms of any purchase and the use of products or services with the specific third-party provider you are trading with, empowering you to make informed decisions.

It's important to understand that Vivint Host is not liable for, and does not guarantee, the quality, availability, or timeliness of products or services provided by third-party providers. All transactions with these providers are undertaken at your own risk. We cannot ensure the accuracy or comprehensiveness of any information about these providers. In any transaction, Vivint Host does not act as your agent, representative, trustee, or fiduciary, nor do we assume these roles for the third-party provider.

Third Party Websites

Third Party Websites

The Services may include links to third-party websites that are not owned or controlled by Vivint Host ("Third Party Sites"), as well as articles, photographs, text, graphics, design elements, sound, video, information, and other content or items that belong to or originate from third parties ("Third Party Content"). We are not accountable for third-party content or sites accessed through the Services. We do not conduct any investigations, monitoring, or verifications of the accuracy, appropriateness, or completeness of Third Party Sites and Third Party Content. Suppose you choose to access Third Party Sites or to access or use any Third Party Content. In that case, you do so at your own risk and should know that our terms and policies no longer apply. It is recommended that you review the terms and policies of the relevant third party, which may include the privacy and data collection practices of any website you navigate.

Prohibited Persons

Prohibited Persons (Countries, Entities, And Individuals)

The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and specific individuals, organizations, or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. You are prohibited from registering, subscribing to, or using the Services if you are in a Sanctioned Country or listed as an SDN. Vivint Host, as a responsible service provider, does not register, nor does it permit the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country unless explicit permission is granted.

Account Security and Vivint Host Systems

Account Security and Vivint Host Systems

Regardless of the installation method, it is your responsibility to guarantee that the permissions of directories are correctly configured and that scripts/programs installed under your account are secure. Set the permissions of most directories to 755 or as restrictive as possible, whenever feasible. Ultimately, users are accountable for all actions performed under their account. This encompasses the compromise of user names and passwords. You are obligated to utilize a highly secure password. Your account may be suspended until you consent to use a more secure password if an insecure password is employed. Audits may be conducted to prevent the use of insecure passwords. Your account will be suspended if an audit is performed and your password is discovered to be feeble. You will be notified and given a reasonable time to update or change your password.

The Services, encompassing all associated equipment, networks, and network devices, are exclusively available for authorized client use. Vivint Host may but is not required to, monitor our systems to ensure that use is authorized, facilitate protection against unauthorized access, and verify security procedures, survivability, and operational security—without limitation. Information may be examined, recorded, copied, and utilized for authorized purposes during monitoring. By using the Services, you consent to monitoring the Services for these purposes.

Any account discovered to be communicating to a third-party network or system without authorization from the third party is subject to suspension. The express written consent of the third party is necessary for access to networks or systems that are not under your direct control. At our discretion, Vivint Host may request documentation to verify that your access to a third-party network or system is authorized. Any account that is discovered to be compromised may be deactivated and terminated. Suppose you fail to resolve an ongoing issue after being informed by Vivint Host. In that case, we reserve the right to maintain your account's disabled status. Vivint Host may clear up your account at your request for an additional fee. Vivint Host reserves the right to migrate your account from one data center to another without prior notice to comply with applicable policies and local law or for technical or other reasons.

HIPAA Disclaimer

HIPAA Disclaimer. We are not "HIPAA compliant”

Your role in ensuring compliance with federal or state laws regarding the privacy and security of personal data, including medical or other sensitive data, is of utmost importance. You understand that the Services may not be suitable for storing or controlling access to sensitive data, such as information about minors or medical or health information. The information or data you store on or transmit through the Services is not under Vivint Host's control or supervision. We expressly disclaim any representation or warranty that the Services, as currently offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). The Services are prohibited from being used by customers who require secure storage of "protected health information" as defined under HIPAA. Storing and allowing access to "protected health information" constitutes a material violation of this Agreement and is sufficient justification for immediate account termination. "Business Associate Agreements" are not executed by us, and you acknowledge that Vivint Host is not your Business Associate, subcontractor, or agent by HIPAA. If you have any inquiries regarding your data's security, please get in touch with us at info@vivinthost.com

Compatibility with the Services

Compatibility with the Services

In connection with Vivint Host's provision of the Services, you consent to complete cooperation with Vivint Host. The provision of any apparatus or software required to use the Services is entirely your responsibility. To the extent that the performance of our obligations under this Agreement may be contingent upon your performance, Vivint Host is not liable for any delays resulting from your failure to fulfill your commitments on time.

You are the sole individual responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Vivint Host to provide the Services. Vivint Host reserves the right to modify the hardware and software used to provide the Services at any time. These modifications may include updates, upgrades, or changes to improve the performance or security of the Services.

Rest assured, backups of all User Content, including but not limited to User Websites, are your responsibility. While Vivint Host does not guarantee that we will back up any User Content, you acknowledge and accept the risk of losing any User Content.

Billing and Payment Information

Billing and Payment Information

Multiple Accounts

Users are prohibited from accessing multiple accounts to exploit "new customer" discounts. Users who violate this policy will have both accounts suspended until all outstanding invoices are settled. Users who misuse our discount system will be terminated without receiving a refund.

Prepayment

It would help to guarantee that all invoices are paid promptly and that your payment information is accurate. You consent to the payment of the Services in advance of the period during which they are rendered. Payments will be applied to the earliest outstanding invoice in your billing account first, subject to applicable laws, rules, and regulations.

Autorenewal

You acknowledge that, unless otherwise specified, you will be charged on an automatically recurring basis to prevent any disruption to your Services until you notify Vivint Host of your desire to cancel the Services. This billing will be conducted using your credit card or other billing information that We have on file.

Taxes

The fees for the Services listed do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Vivint Host will include any applicable taxes as a separate charge on its invoice, which you will be responsible for paying. Unless otherwise specified, all expenses are non-refundable upon payment.

Late Payments

Payment of all invoices is required within four (4) days of the invoice due date. Services may be suspended or terminated if an invoice remains unpaid for more than four (4) days. Account access will be restored once payment has been received. Remember, if you neglect to pay the fees specified in this document, Vivint Host reserves the right to suspend or terminate your account and pursue the collection costs incurred by Vivint Host, which may include arbitration, legal fees, and reasonable attorneys' fees. Additionally, customers with an outstanding balance on their account cannot activate new orders or shipments through Vivint Host.

Domain Payments

After purchasing a domain, you must notify Vivint Host's Billing department by submitting a support query through the https://www.vivinthost.com/clientarea.php website. Vivint Host is not accountable for any failure to renew a domain or for notifying a customer about the renewal of a domain. Domain renewal notices are provided as a courtesy reminder. Domain renewals are invoiced and renewed thirty (30) days before the renewal date.

Fraud

You violate this Agreement if you fraudulently or misuse credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Vivint Host reserves the right to disclose any misuse or illicit use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies, as determined in its sole discretion.

Invoices Disputes

You are entitled to dispute any charge or payment processed by Vivint Host within ninety (90) days. If you have any concerns regarding a charge on your account, please contact our billing department directly for assistance.

Money-back Guarantee

Vivint Host provides a thirty (30) day money-back guarantee exclusively for its hosting services. Suppose you are unsatisfied with these hosting services and wish to terminate your account within thirty (30) days of signing up for the Services. In that case, you will receive a refund for the amount paid for hosting, minus any setup fees, subject to the terms outlined herein. This money-back guarantee is exclusively applicable to the fees paid for hosting services. It does not cover any fees for administrative tasks, custom software installation fees, other setup fees, or any fees for additional services.

Cancellations and Refunds

Cancellations and Refunds

Money-back Guarantee

Purchase an account with a thirty (30) day money-back guarantee and subsequently cancel it within the first thirty (30) days of the term (the "Money-Back Guarantee Period"). You will receive a full refund of all basic hosting fees that you previously paid to Vivint Host for the initial term ("Money-Back Guarantee Refund") upon submitting a written request to the Vivint Host Support Team (the "Refund Request") within thirty (30) days of the termination or cancellation ("Notice Period"). It's important to note that the Money-Back Guarantee Refund is contingent upon your responsible compliance with the terms and conditions of this section. The Vivint Host Support Team must receive written requests for these refunds. Administrative fees, installation fees for custom software, and other setup fees will not be included in the refunds, nor will they be issued for any other additional services. This policy applies exclusively to standard hosting services. Suppose the applicable Refund Request needs to be submitted within the Notice Period. In that case, Money Back Guarantee Refunds will not accrue or be paid under any circumstances.

Refund Eligibility

Accounts that are established for the first time are entitled to a refund. For instance, you will not be eligible for a refund if you previously had an account with us, canceled it, re-registered, or opened a second account with us. Your refund policy rights will be forfeited in the event of a violation of this Agreement.

Non-refundable Products and Services

Domain names, vps servers, administrative fees, license fees, and install fees for custom software are not eligible for refunds. Please be advised that domain refunds will only be considered if the domain was purchased in conjunction with a hosting package and will be issued at the sole discretion of Vivint Host. The market value of the gTLD will be deducted from any refunds issued for domain names. The acquisition of ccTLDs is non-refundable.

Cancellation Process

The Services may be terminated or canceled by providing Vivint Host with a written notice via the cancellation form provided. In the event of such cancellation: (i) you will be required to pay all fees that have accrued before the effective date of the cancellation, and (ii) no refund will be issued for any remaining service period unless the product/service has been active for less than 30 days as part of our 30-day money-back guarantee.

We will notify you in writing (usually via email) that your account has been terminated once we have received your cancellation form and verified all necessary information via email. The subject line of your cancellation confirmation will include a ticket/tracking number for your reference and substantiation. You should receive an automatic email with a tracking number that informs you that your request has been received. Your cancellation will be processed promptly after Vivint Host confirms your request. If you do not receive a response from us or do not receive the automated confirmation email within a few minutes of submitting your cancellation form, please do not hesitate to contact us. To (a) verify your identity, (b) affirm in writing that you are willing to have all of your files and emails removed, and (c) document the request, we require that all cancellations be submitted through the online form. This process aims to minimize the probability of errors and fraudulent or malicious requests and to ensure that you are cognizant of the possibility of your files, emails, and accounts being permanently and promptly deleted following the approval of a cancellation request.

Shared account cancellations will take effect on the account's renewal date.

Domains

Domain renewals are invoiced and renewed thirty (30) days before the renewal date. You are responsible for informing Vivint Host's Billing department of the intention to cancel any domain registration by submitting a support query through the https://www.vivinthost.com/clientarea.php platform at least thirty (30) days before the renewal date. Once a domain is renewed, refunds will not be issued. All domain registrations and renewals are considered final.

Foreign Currencies

International remittances are subject to constant and inevitable fluctuations in exchange rates. The exchange rate in effect on the date of the refund will be reflected in all refunds processed in U.S. dollars. This fluctuation is a condition of all refunds. Vivint Host is not liable for any fluctuations in exchange rates between the time of payment and the time of refund.

Termination

Vivint Host reserves the right to terminate your access to the Services, in whole or in part, without prior notice in the following circumstances:

  • You fail to pay any fees that are due.
  • You violate this Agreement.
  • Your conduct may cause Vivint Host or others to incur liability, as determined by Vivint Host in our sole discretion.
  • As otherwise specified in this Agreement.

  • Vivint Host will not refund any fees paid in advance if such termination occurs. You will be responsible for paying all expenses incurred before the effective date of the termination. Furthermore, Vivint Host reserves the right to invoice you for all costs associated with the Services for the remainder of the current term.

    User content, user websites, and other data will be deleted upon the termination of the Services for any reason.

    CPU, Bandwidth and Disk Usage

    CPU, Bandwidth and Disk Usage

    Permitted CPU and Disk Usage

    The terms of this Agreement and the Acceptable Use Policy govern the use of hosting space provided by Vivint Host. The use of shared hosting space is restricted to the content of User Websites, active email, and web files. Shared hosting space is not permitted for storing media, communications, or other data, including electronic files, email, or FTP hosts, as offsite storage. Vivint Host explicitly reserves the right to review each shared account for excessive CPU, disk space, and other resource usage that may result from violating this Agreement or the Acceptable Use Policy. Vivint Host reserves the right to terminate access to the Services, impose additional fees, or remove or delete User Content for accounts determined to violate Vivint Host's terms and conditions at our sole discretion.

    VPS Managed Services

    Please be advised that your management agreement with us may be null and void if you manually install modules and circumvent WHM/cPanel.

    Bandwidth Usage

    The bandwidth allowance of shared servers is not restricted.

    Uptime Guarantee

    Suppose your shared server experiences a physical outage less than the 99.9% uptime guarantee. In that case, you may receive credits on your account, subject to our approval and discretion. This reliability guarantee does not cover planned maintenance. The approval of any credit is at the sole discretion of Vivint Host. It may be contingent upon the justification provided. Third-party monitoring service reports are not permissible for justification due to various factors, such as the monitor's network capacity and transit availability. The server's availability is determined by the reported uptime of the Apache Web Server and the operating system, which may differ from the uptime reported by other individual services. To request a credit, kindly create a support ticket with justification for our Billing department at https://www.vivinthost.com/clientarea.php. Uptime guarantees are exclusively applicable to shared solutions.

    Price Change

    Price Change

    Vivint Host retains the right to modify prices, the monthly payment amount, or any other charges. We will notify you of any price changes at least thirty (30) days in advance. You are solely responsible for reviewing the invoicing information provided by Vivint Host through the user billing tool or other methods of communication, including notices sent or posted by Vivint Host.

    Coupons

    Coupons

    Unless otherwise specified, discounts and coupon codes are exclusively available to first-time customers or accounts and do not apply to domain registration purchases. Suppose you have previously registered for a specific domain. In that case, you are prohibited from registering for that domain again using a different coupon at a later time. The Sales department will evaluate any account found to be violating these policies, and the corresponding charges will be applied to the account. There will be no tolerance for coupon exploitation, which may lead to the suspension or termination of your account. All coupons and discounts only apply to the initial purchase and do not impact the renewal or recurring price.

    Limitation of Liability

    Limitation of Liability

    Vivint Host shall not be liable to you or any third party for any indirect, consequential, exempt, incidental, special, or punitive damages, including any lost profits or data resulting from your use of the Services or any user content, user websites, or other materials accessed or downloaded through the Services. This includes instances where Vivint Host is aware of or has been advised of the possibility of such damages, ensuring your peace of mind.

    Vivint Host's liability to you, or any party claiming through you, for any cause whatsoever, regardless of the form of the action, is exclusively limited to the amount paid by you to Vivint Host for the services in the three (3) months before the initial action giving rise to liability. Importantly, the existence of more than one claim under this agreement will not increase this limit, ensuring you are fully informed.

    Indemnification

    Indemnification

    You, at this moment, consent to indemnify, defend, and hold harmless Vivint Host, our affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to

  • your use of the Services,
  • any breach or violation by you of this Agreement or
  • any acts or omissions by you.


  • It's important to note that any termination of this Agreement, for whatever reason, shall not affect the terms of this section, ensuring you are fully aware of your ongoing responsibilities.

    Arbitration

    Arbitration

    You now consent to the American Arbitration Association (AAA) 's exclusive jurisdiction in connection with any dispute relating to, concerning, or arising out of this Agreement by utilizing the Services. The arbitration will be administered at the AAA location in Florida, and Vivint Host will select a single arbitrator. The AAA's regulations will regulate the payment of all filing, administrative, and arbitrator fees unless otherwise specified in this paragraph. Suppose you show that the costs of arbitration will be prohibitive compared to the costs of litigation. In that case, Vivint Host will cover the amount of your filing, administrative, and arbitrator fees in connection with the arbitration that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration proceedings before the AAA will be conducted exclusively on an individual basis, without the ability to arbitrate any claims on a class action basis or the premise of claims brought in a purported representative capacity on behalf of others. All arbitration under this paragraph is governed by the Federal Arbitration Act, not state arbitration law. The arbitrator's decisions will be final and binding. The arbitrator's decision is conclusive and legally binding on all parties. The arbitrator's authority to resolve and issue written awards is restricted to claims exclusively between you and Vivint Host. Claims may only be consolidated or joined if all parties have consented in writing. Arbitration awards or decisions will not preclude claims or issues in any dispute with an individual who is not a named party to the arbitration proceeding. Suppose you commence litigation or any other legal action against Vivint Host in violation of this paragraph. In that case, you agree to reimburse Vivint Host for the reasonable costs and attorneys' fees associated with our enforcement of this paragraph.

    Independent Contractor

    Independent Contractor

    Vivint Host and User are independent contractors, and this Agreement does not establish a relationship between them that is that of principal and agent, associates, or joint venturers. No party has the authority to enter into contracts or agreements in the other party's name or to obligate or bind the other party in any way, either explicitly or by implication.

    Governing Law; Jurisdiction

    Governing Law; Jurisdiction

    Any controversy or claim that arises from or is related to this Agreement, its formation, or its breach, including any claim based on an alleged tort, shall be governed by the substantive laws of the State of Florida. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.

    Class Action Waiver

    You and Vivint Host consent to the exclusive conduct of any dispute resolution or litigation proceedings, whether through arbitration or a court of law, on an individual basis. You, at this moment, waive all jury trials. You acknowledge that you will not attempt to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

    Disclaimer

    Disclaimer

    Vivint Host is not responsible for damages to your business and does not provide any express or implied warranties regarding the Services. Vivint Host disclaims any warranty of merchantability or fitness for a specific purpose, including any data loss resulting from delays, delivery failures, incorrect deliveries, or any service interruptions caused by Vivint Host or our employees.

    Backups and Data Loss

    Backups and Data Loss

    Your use of the Services is entirely at your own risk. Vivint Host's backup service is executed every night and replaces prior backups. Backups are maintained for a maximum of one night. This service is a courtesy exclusively available to shared accounts. Vivint Host reserves the right to modify or terminate it at any time. There are no backups on the VPS. The nightly backups will include accounts of at least 20GB or 100,000 inodes. Files and data stored on your account are not Vivint Host's responsibility. You acknowledge that you are fully responsible for all files and data that are transferred and that you are responsible for maintaining all necessary backups of files and data that are stored on Vivint Host's servers.

    Limited Warranty

    Limited Warranty

    This agreement provides services "as is" and "as available." Other than as expressly provided in this section, Vivint Host and our affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, for the services provided hereunder.

    Vivint Host and our affiliates, employees, agents, suppliers, and licensors make no representations or warranties

  • that the services will be secure, error-free, or uninterrupted;
  • as to the results that may be obtained from the use of the services;
  • as to the accuracy, reliability, or content of any information provided through the services.


  • Vivint Host, our affiliates, employees, agents, suppliers, or licensors are not responsible for the content of any data transferred to or from users or stored by users on or through the services, and they expressly disclaim any liability. Even in the event of this agreement's termination, the provisions of this section shall endure.

    Disclosure to Law Enforcement

    Disclosure to Law Enforcement

    Upon a lawful request from law enforcement agencies, Vivint Host may disclose any User information collected to such agencies for an investigation, request, or other purpose without further consent or notification to the User. We are in complete collaboration with law enforcement agencies. Furthermore, your information may be disclosed by our Privacy Policy.

    Entire Agreement

    Entire Agreement

    This Agreement, which includes documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements concerning the subject matter. It is the sole and complete Agreement between the parties concerning the issues this Agreement covers.

    Headings

    Headings

    The headings provided are solely for convenience and are not a part of this Agreement.

    Changes to the Agreement or the Services

    Changes to the Agreement or the Services

    Vivint Host reserves the right to amend, supplement, or eliminate any aspect of this Agreement at any time. We will post a notice on the Vivint Host website for a minimum of thirty (30) days after posting any substantial changes to this Agreement. Additionally, we will specify the date of the most recent revision at the bottom of this Agreement. Unless otherwise specified, a revision to this Agreement will be effective upon its posting. By continuing to use the Services after the effective date of any such modification, you consent to any modification to this Agreement.

    Vivint Host retains the right to alter, modify, or terminate any aspect of the Services.

    Severability

    Severability

    Suppose a court of competent jurisdiction determines that any provision or portion of a provision of this Agreement is unlawful, invalid, or unenforceable. In that case, the remaining provisions or portions (unless otherwise specified) shall continue to be in full force and effect.

    Waiver

    Waiver

    Furthermore, it's crucial to understand that no express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition of this Agreement. This reiteration instills confidence in both parties about the strict adherence to the Agreement's terms and conditions.

    Assignment; Successors

    Assignment; Successors

    Without Vivint Host's prior written consent, you are prohibited from assigning or transferring this Agreement or any of your rights or obligations. Any assignment attempted in violation of this Agreement is null and void and has no force or effect. Without the User's consent, Vivint Host may assign our rights and obligations under this Agreement and engage subcontractors or agents to fulfill our responsibilities and exercise our rights. This Agreement shall be binding on and benefit the parties hereto and their respective successors and permitted assigns.

    Force Majeure

    Force Majeure

    Neither party is responsible for any default or delay in the performance of any of its obligations under this Agreement (excluding failure to make payments when due) if such default or delay is directly or indirectly caused by forces beyond the reasonable control of the party, including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, or the failure of any third party to fulfill any commitment related to the production or delivery of any equipment or material required for the performance of its obligations under this Agreement.

    Electronic Notices

    Electronic Notices

    The electronic means of communication between you and Vivint Host are employed, regardless of whether you visit the Platform, send Vivint Host emails, respond to notices posted on the Platform, or communicate with you via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from Vivint Host in an electronic format and (2) confirm that all terms, conditions, agreements, notices, disclosures, and other communications that Vivint Host provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in writing. Your statutory privileges are not impacted by those above.

    Third-Party Beneficiaries

    Third-Party Beneficiaries

    This Agreement is not intended to confer any rights on any person other than the parties hereto and their respective successors and permitted assigns unless otherwise expressly provided in this Agreement. Nevertheless, the user acknowledges and consents that any supplier of a third-party product or service designated as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions outlined in this Agreement as they pertain specifically to its products or services. The supplier shall have the right to directly enforce the terms and conditions of this Agreement concerning its products or services against the user as if it were a party to this Agreement.