Hosting and Site Builder Terms
- Exposed Vocals Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, \”Exposed Vocals Content\”), are the proprietary property of Exposed Vocals or Exposed Vocals licensors. Exposed Vocals Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Exposed Vocals Content. Any use of Exposed Vocals Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Exposed Vocals Content. All rights to use Exposed Vocals Content that are not expressly granted in this Agreement are reserved by Exposed Vocals and Exposed Vocals licensors.
- User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, \”User Content\”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (\”User Websites\”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Exposed Vocals that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Exposed Vocals does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- Exposed Vocals exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Exposed Vocals computers, network hubs and points of presence or the Internet. Exposed Vocals does not monitor User Content. However, you acknowledge and agree that Exposed Vocals may, but is not obligated to, immediately take any corrective action in Exposed Vocals sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Exposed Vocals shall have no liability due to any corrective action that Exposed Vocals may take.
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, \”User Content\”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (\”User Websites\”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Exposed Vocals that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
- Third Party Products and Services
- Third Party Providers
Exposed Vocals may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Exposed Vocals does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Exposed Vocals is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- CPU, Bandwidth and Disk Usage
- Permitted CPU and Disk Usage.
All use of hosting space provided by Exposed Vocals is subject to the terms of this Agreement and the Acceptable Use Policy.- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Exposed Vocals expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Exposed Vocals may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Exposed Vocals terms and conditions.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
- Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance.
- Permitted CPU and Disk Usage.
- Uptime Guarantee.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Exposed Vocals and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor\’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
- Third Party Providers
- Limitation of Liability
IN NO EVENT WILL EXPOSED VOCALS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF EXPOSED VOCALS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXPOSED VOCALS LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXPOSED VOCALS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. - Indemnification
You agree to indemnify, defend and hold harmless Exposed Vocals, our affiliates, and their respective officers, directors, employees and agents (each an \”Indemnified Party\” and, collectively, the \”Indemnified Parties\”) from and against any and all 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 (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. - Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (\”AAA\”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Exposed Vocals and will be held at the AAA location chosen by Exposed Vocals in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA\’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Exposed Vocals will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator\’s award is final and binding on all parties. The arbitrator\’s authority to resolve and make written awards is limited to claims between you and Exposed Vocals alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Exposed Vocals in violation of this paragraph, you agree to pay Exposed Vocals reasonable costs and attorneys\’ fees incurred in connection with our enforcement of this paragraph. - Independent Contractor
Exposed Vocals and User are independent contractors and nothing contained in this Agreement places Exposed Vocals and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever. - Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. - Disclaimer
Exposed Vocals shall not be responsible for any damages your business may suffer. Exposed Vocals makes no warranties of any kind, expressed or implied for the Services. Exposed Vocals disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Exposed Vocals or our employees. - Backups and Data Loss
Your use of the Services is at your sole risk. Exposed Vocals backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared accounts as a courtesy and may be modified or terminated at any time at Exposed Vocals sole discretion. Exposed Vocals is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Exposed Vocals servers