In this agreement (“Agreement”), Vivio Technologies (“Vivio”, “we”, “us”) agrees to furnish products and services (the “Service”, “Services”) to the subscriber of Services (“client”, “customer”, “you”, “your”), subject to the following terms (“TOS”).
Vivio reserves the right to change this Agreement at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this Agreement periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your:
If you do not agree to these terms, cancel your services as described in these terms.
This Agreement contains provisions that you are required to pass on to your customers (“end users”) should you have them. It is your responsibility to ensure that these provisions are included in contracts and other agreements with your End Users. You are responsible for your End Users under this Agreement.
The section headings appearing in this Terms of Service Agreement are used only for convenience and in no way define, limit, construe or describe the scope or extent of a section or in any way affect a section.
The pricing, features and term of the products and services you purchase from us are set out on the web page on which the particular products and/or services are described (the “Description Page”). The “Effective Date” is the date in which the service was activated. The Services are provided to you based on the Description Page as of the Effective Date and will continue to renew automatically until either party terminates this Agreement as described in the Termination clause of this Agreement.
Vivio Technologies will provide to you the Services as it was depicted on the Description Page as of the Effective Date. If the contents of the Description Page change during the term of your service, Vivio is under no obligation to modify your service based on the changes in the Description Page or to notify you of such changes. It is your responsibility to review the Description Page periodically and to notify Vivio if you would like your Service updated to match the Description Page.
Vivio will make every reasonable effort to make Services available to you, however, Vivio reserves the right to modify the Service or the way in which we provide them to you at any time for any reason.
Vivio reserves the right to refuse service to anyone for any reason.
Vivio will make every reasonable effort to make services accessible to you as quickly as possible. Should Vivio delay initial access to services for any reason, you agree that Vivio cannot be held liable for any damage caused by the delay.
Vivio reserves the right to publicize that you, your domain, or your web property is hosted on our servers or in our facility.
Certain aspects of the Service may be provided by third parties or third party software. These third parties may have reserved the right to make changes, including material changes, to the service or software that they provide. If a third party makes a change to its service or software, you agree that this change does not terminate or nullify this Agreement, in whole or in part, based on such a change, even if it materially affects the Service.
By using services provided by Vivio Technologies, you warrant and represent the following:
When you sign up for a product or service, Vivio will request (through our website or other means) that you provide the full legal name, company name, telephone number, email address, and mailing address (collectively “Billing Data”) of the individual and/or company responsible for paying for the services being provided to you by Vivio.
When you provide us with this Billing Data, you agree and attest that:
Should Vivio discover, be made aware of, or have suspicion to believe that any of the Billing Data is untrue, inaccurate, not current, or incomplete, Vivio, at its sole discretion and judgment, may terminate services as outlined in this Agreement with immediate effect and without prior notice.
The highest authority of a Service provided by Vivio is the individual or company identified in the Billing Data associated with the Service (the “Service Owner”). Should a company name be provided in the Service Billing Data, Vivio will consider the company to be the official Service Owner and the individual mentioned in the Billing Data to be a representative of that company.
The Service Owner is responsible for and agrees to assume all liability for:
Should a Service’s Billing Data become untrue, inaccurate, out-of-date, or incomplete, you agree that Vivio will have the right, at its sole discretion and judgment, to update the Service Billing Data to what Vivio believes is the most current Billing Data available – even if such an update to the Service Billing Data results in a new Service Owner. Vivio will make every reasonable, good faith effort to ensure the accuracy of the new Billing Data, including, but not limited to, reviewing state or federal documents related to the company referred to in the original Billing Data, the person or company currently paying the invoices on the account, wills and testaments, or other information relating to the account that Vivio deems relevant.
Vivio reserves the right, at its sole discretion and judgment, to approve or deny any request to transfer ownership of any Service for any reason including, but not limited to, death of the current service owner, transfer of ownership of the Service Owner’s company, etc. Vivio may, at its sole discretion and judgment, request proof that the party requesting ownership transfer be authorized to do so. Failure to provide Vivio with adequate proof of authorization, will result in a denial of the ownership transfer request.
Services are provided to you in a way that you will have access to configure them as needed. It is your responsibility to configure the Services. Any custom configuration will not be allowed to affect the operation of our network, our provisioning of the Services of other customers, and is otherwise subject to our approval. Vivio, at its sole discretion and judgment, may decide to refuse certain custom configurations from running within our network.
You agree to be fully responsible for all use of your account and for any actions that take place on or through your Services. It is your responsibility to maintain the integrity of your password and security of your Services.
You must use your Service in a responsible manner. You may not disrupt other users of the Service, or our network. If your use of the Service results in any such disruption, Vivio may require you to modify your use of the Service or discontinue use of the Service until such time as your use does not cause such interference.
Vivio Technologies provides Backup Services for many of the services we offer as a courtesy service only. Backup Services are provided on an as-is, as available service only. The Backup Service is designed to act as a supplement to, and not in lieu of your own backup programs. It is your responsibility to configure the Backup Service to your unique needs. Vivio Technologies is not responsible for the completeness, integrity, or freshness of your backup files, nor does Vivio Technologies guarantee that the service will be error-free or fail-safe.
Backup Services are provided for disaster recovery purposes only. Should you, or a third party, request that data held in our Backup Services be used for a purpose other then disaster recovery, in litigation for example, Vivio has no obligation to provide that to you. Should Vivio Technologies decide, at our sole and exclusive judgment, or should Vivio be required by law to provide data to you, you expressly authorize to create a backup of your data for use in litigation, and the data will be provided at our convenience and you will be billed at a rate of $250 per hour. You will also be responsible for any attorney’s fees we incur in reviewing, responding to, or producing your data. You may also be required to pay us a retainer fee to secure your obligations.
The Services provided by Vivio Technologies may come pre-installed with software owned by a Third-party (“Third-party Software”). If you represent to us that you already have a license to use the Third-party Software, we may require you to provide us with evidence of this license as well as proof of ownership.
You agree that Vivio Technologies is under no obligation to support any Third-party Software in any way. Should Vivio Technologies decide, at its sole discretion and judgment, to offer support for any Third-party Software, that support is not guaranteed or warranted in any way, and does not constitute as an agreement of any kind.
Vivio Technologies reserves the right to prohibit the use of any Third-party Software from within its network.
You must ensure that all material and data placed on Vivio Technologies’ equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Vivio Technologies. Vivio Technologies will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, Vivio Technologies may reject this material. Vivio Technologies will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Vivio Technologies’ requirements.
Use of the Services requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Website. You must have the necessary knowledge to create and maintain a website. Vivio Technologies does not provide this knowledge or customer support outside of the Services.
Vivio Technologies may provide software updates, upgrades, bug fixes, or enhancements offered by Third-party Software providers (“Patches”) with or without your requesting Vivio to do so. Patches may also be set to be applied automatically using automated patching systems. Vivio assumes no liability whatsoever for the consequences resulting from the installation of the Patches, or any attempt by us to install or remove the Patches. It is your sole and exclusive responsibility to determine if installation of the Patches will damage your data, or otherwise affect the operation of your services.
Vivio may assign one or more Internet Protocol addresses (“IP address”) to you for use with your services. At all times and under any circumstance, Vivio retains the right to use that IP address, and may change the IP address assigned to you at any time for any reason. The IP address is not transferable. Upon termination of this agreement, you must cease use of the IP address that has been assigned to you.
Vivio’s use of IP addresses is guided by the policies set forth by ARIN. Those policies state that the use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses, when the service supports name-based virtual hosts. This means you are required to use name-based virtual hosting whenever possible.
You may not use IP addresses that have not been directly assigned to you by Vivio Technologies. Any service found using IP’s which were not directly assigned by Vivio Technologies will be suspended from network access until such time as the IP address overlap has been corrected. Any interruption of service that results due to IP address overlap resulting from you using IP addresses that have not been directly assigned to you will be billed to your account. Furthermore, technical support time lost in tracking down the duplicate IP address will be billed to your account at a rate of $250 per hour.
You understand and agree that you are fully responsible for the IP bandwidth assigned to you and any potential clients or sites that you host on your account. You understand and agree that you are responsible for any IP bandwidth which occurs as a result of any denial of service attack, virus, system or proxy compromise, or otherwise. You agree to secure your server, user accounts, network, and related elements at all times from attack, open proxy, hijack, or other potential abuse. You also agree that Vivio does not exercise any control, of any kind whatsoever, over the content of the information passing through the Internet at Vivio, and disclaims all responsibility and liability as relates to the content of the information passing through the Internet.
Vivio’s obligation to provide the Service is contingent on your payment of the fees and charges set out on the Product Description Page (“Fees”). Accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover Card), PayPal, check, or money order. You are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Vivio in a timely manner.
Vivio requires payment terms of Net 10 (“Due Date”), unless otherwise agreed upon. It is your responsibility to ensure that Vivio receives payment of the Fees. Accounts not brought current will be assessed a $5.00 late fee at 10 days overdue, with recurring late fees assessed every 30 days thereafter also for $5.00. Accounts 15 days overdue will be suspended and will incur a suspension fee.
You understand, agree and authorize Vivio to charge your account, including any credit cards we may have on file, should any charge or fee become due.
All setup fees and domain name registration fees are non-refundable for any reason.
Unless other terms have been agreed upon that expressly guarantee pricing for a specific prepaid term, Vivio reserves the right to change pricing at any time for any reason. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Vivio Technologies to request for termination of services. All payment is in U.S. Currency. Vivio Technologies will bill each client $60.00 per returned check and per credit card charge-back received.
Should the Service be suspended for any reason, Fees will continue to accrue.
Should service be interrupted for nonpayment, Vivio may, at its sole discretion and judgment and without any further notice or demand, choose to take any of the following actions, concurrently or in succession:
Some services may require some additional events of default in addition to those mentioned above.
All payments to Vivio Technologies are nonrefundable. This includes one-time setup fees, prepayment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this Agreement by Vivio or by you according to the terms outlined by this Agreement.
Vivio Technologies, at its sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise. Depending on the amount of the refund, Vivio may opt to issue the refund in increments. The size and frequency that Vivio issues refunds is determined exclusively by Vivio. Under most circumstances Vivio will issue a refund as a credit to an existing account. Under special circumstances Vivio may opt to issue a refund via a check.
If you believe there is an error in your bill you must contact Vivio within 60 days of the invoice in question (“Dispute Deadline”) in order to file a dispute. You and Vivio each agree to work together in good faith to resolve the billing dispute. Your dispute must include sufficient facts for us to investigate your claims. You agree to waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a charge back based on this dispute, or your charge back claim is past the Dispute Deadline, you will be charged a $200 Administration Fee.
All payments required by this Agreement do not include federal, state, municipal, or other governmental excise, sales, privilege, transaction, value-added, use, personal property, or occupational taxes, excises, or other obligations (“Governmental Tax Obligations”). You understand and agree to be fully responsible for and to pay all applicable Governmental Tax Obligations except for taxes based on Vivio’s net income. In the event Vivio is required to pay any such Governmental Tax Obligations, Vivio will provide you with receipts or other evidence of payment and you agree to compensate Vivio for such payments within 30 days of being presented with such evidence.
Adult content, pornography and sex-related merchandising are prohibited within the Vivio Technologies Network. This includes sites that may infer sexual content or link to adult content elsewhere.
Because the Internet is a global communication tool, it is difficult to dictate what is considered “adult content.” It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Vivio Technologies has chosen to enforce its “no adult content” policy.
What is Adult Content?
Vivio Technologies reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
Our policy on child pornography is zero-tolerance. Vivio Technologies will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Vivio Technologies Network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Vivio Technologies reserves the right to audit all accounts for integrity and security purposes in order to protect our hardware and network from damages associated with inadequate security settings or controls. It is the customer’s responsibility to maintain strong security for their account at all times. Vivio Technologies reserves the right to audit your passwords and other security settings or controls to ensure they are of adequate strength and integrity. If your password or security settings fail the audit, we will give you 24 hours to make the necessary changes, otherwise we reserve the right to change the password or make other security-related adjustments for you in order to protect our network and our other clients who use it.
Vivio Technologies reserves the right to monitor activity on our servers and network for the purposes of integrity, security, performance, and good business practices. By ordering an account, you consent to such monitoring of files, applications, Internet traffic and any other content uploaded or received through the Vivio Technologies network or servers.
Any attempt to circumvent, alter, or otherwise bypass our ability to accurately monitor our services is prohibited and can result in a termination of services, without any possibility of a refund.
You agree that you will not use the Service in any manner that infringes upon any copyright, trademarks, trade secrets or proprietary information, except with the express written permission of the owner of such rights. Vivio reserves the right to request proof of such written permission at any time. Failure to provide proof of written permission within seven (7) days can be considered a breach of this agreement and can result in termination of this agreement.
It is Vivio’s policy to promptly investigate complaint notifications of any alleged copyright infringement that are provided to us in writing regarding content hosted on or otherwise displayed via our network. During our investigation Vivio may attempt to contact you regarding the copyright infringement complaint and may allow you to correct or otherwise address the situation. Should you opt to address the complaint, you agree that you shall indemnify Vivio according to the Indemnification clause of this agreement.
Should Vivio choose to respond to any alleged copyright infringement notification, our response may include removing or disabling access to the content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance or merit or lack thereof. Vivio reserves the right, at its sole discretion, to terminate any account for which Vivio receives multiple copyright infringement complaints, without prior notice and without a refund of any balance on the account being terminated.
You expressly grant to Vivio Technologies a license to cache or copy the entirety of your data, including your website files and content supplied by third parties, hosted by Vivio Technologies under this Agreement. You expressly agree that such caching or copying is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Vivio Technologies system or website should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING VIVIO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Walla Walla, WA 99362
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
Vivio will not tolerate abuse of any kind towards its employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at Vivio or any of its employees or agents. You agree to engage Vivio employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a Vivio employee for any reason, even regarding a breach by Vivio, will be construed as a violation of this Agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Any attempt to undermine or cause harm to a server, or customer, of Vivio Technologies is strictly prohibited.
Unauthorized use of other people’s accounts or computers is strictly prohibited. Vivio Technologies will strongly react to any use, or attempted use, of an Internet account or computer without the owner’s authorization. Such attempts include: “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Vivio Technologies customer, whether or not the attacked account or computer belongs to Vivio Technologies, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Server abuse can also include, but is NOT limited to: any form of IRC, bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Vivio Technologies to be unacceptable use of Vivio Technologies’ services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.
Vivio Technologies reserves the right to decide what it considers “server abuse”.
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
Vivio Technologies takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through Vivio Technologies (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Vivio Technologies reserves the right to charge you between $1.00 – $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will NEVER be returned to you.
You understand, agree and authorize Vivio to charge your account, including any credit cards we may have on file, should your account incur penalties regarding SPAM originating from your use of the Services.
Any kind of IRC clients or IRC bots are strictly forbidden within the Vivio network. We understand that occasionally there are acceptable uses for these services but due to the frequency at which these services are abused, and the rarity with which they are used to useful purpose, we have chosen to exclude them from our network. Anyone found to be in violation of this policy risks immediate account termination.
Vivio Technologies reserves the right, at its sole discretion and judgment, to terminate this Agreement and/or the Services provided herein for any reason at any time with or without warning or prior notice. Vivio may choose to make reasonable effort to notify you of the reason for this decision, and to work with you to rectify any problems that may have affected our decision.
In order for you to terminate this Agreement, you must contact Vivio before the end of the services billing cycle. Different services may require different termination procedures, most of which are outlined in this MSA. Termination requests must be in writing and must originate from the Service Owner information that corresponds with Vivio’s records. In order to help protect you from unauthorized termination, Vivio reserves the right to verify the legitimacy of the Service Owner for purposes of termination for up to 30 days before the termination occurs.
Fees paid in advance of cancellation may, at Vivio’s sole discretion, be pro-rated and returned to you by Vivio if either you or Vivio institutes its right of termination.
If this Agreement is terminated due to any violation of these terms, policies, rules, requirements, or obligations, any pre-payments, fees, or other monies sent to Vivio are forfeit and will not be pro-rated or returned. Further, any violation of policies, rules, requirements or obligations on your part which result in extra costs will be billed to your account with full payment due immediately. You agree to be liable for any termination charges resulting from a breach of this Agreement.
You acknowledge and agree that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that Vivio shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Vivio. You further acknowledge that Vivio’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Vivio be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL Vivio Technologies’ MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
You understand and agree that service resources such as storage, compute, memory, or other resources may be terminated or replaced due to failure, service retirement, or other reasons at Vivio’s sole discretion and judgement. You agree that Vivio has no liability whatsoever for any damages, liabilities, losses, or any other consequences resulting from your use of Vivio services, including but not limited to any loss of data caused by corruption, deletion, or any other method, applications, functionality, or profits.
YOU UNDERSTAND AND AGREE THAT THE USE OF VIVIO SERVICES DOES NOT GRANT YOU, AND YOU AGREE TO WAIVE, THE RIGHT TO ACCESS OR HAVE PHYSICAL POSSESSION OF VIVIO SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS. YOU UNDERSTAND AND AGREE THAT VIVIO HAS NO OBLIGATION TO COPY, BACKUP, RESTORE, MANIPULATE, OR OTHERWISE HANDLE YOUR PERSONAL DATA, INTELLECTUAL PROPERTY, OR ANY OTHER TANGIBLE OR INTANGIBLE ASSETS THAT MAY BE PRESENT ON VIVIO SERVERS.
YOU AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD VIVIO HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST VIVIO, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD VIVIO HARMLESS AGAINST LIABILITIES ARISING OUT OF:
No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement.
If any portion of this Agreement or accompanying documents, or the application thereof to any person, place, or circumstance, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the document and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provisions shall be enforced to the fullest extent consistent with applicable law.
You agree that Vivio is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control . whether or not it is similar to those listed above.
VIVIO WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. VIVIO MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Vivio Technologies DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Vivio Technologies AND ITS EMPLOYEES. Vivio Technologies RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF VIVIO MUST ADHERE TO THIS MSA.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT TERMINATION.
You may only use Vivio servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Vivio management.
Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Walla Walla County, Washington, and any dispute will be litigated or arbitrated in Walla Walla County, Washington. You further waive all objections to venue or jurisdiction and acknowledge that venue and jurisdiction in any such litigation will be held in Walla Walla County Courts. IN NO EVENT SHALL Vivio Technologies’ MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
In the event that either party institutes litigation or any other dispute resolution process with regards to this Agreement (including to collect sums owed by You to Vivio), the prevailing party shall be entitled to its reasonable attorneys’ fees ad costs incurred by it in connection with the litigation or other dispute resolution process.
You agree that you do not have the right to assign this Agreement without the explicit written permission of Vivio. This Agreement shall be in force and effect to the total benefit of You and Vivio, and their successors and permitted assigns.
Winner must be 18 years or older in order to qualify. Odds of winning will depend on the number of eligible entries received. Awards, giveaways, and prizes (collectively: Award) will have no cash value. All federal, state, and local taxes, licensing, or other fees associated with the Award are the responsibility of the Winner. No substitution or transfer of the Award will be permitted without the express permission of Vivio. Winner assumes all liability for any damages or claims arising out of the acceptance or redemption of this award. Vivio assumes no liability or responsibility for typographical or other errors in the printing of an Award, administration of the awarding process, or in the announcement of the Award winner. Vivio reserves the right to publicize the Winner’s names and likenesses for the purposes of promotion.
If, for any reason, you are not satisfied with your account here at Vivio Technologies, simply let us know by sending a message to our billing department within 30 days of when your service is activated, and you will receive a full, 100% refund of all service fees. We do ask that you tell us why you’re canceling (so we know what to improve!) but the reason can be anything you like!
The guarantee period starts when the service is activated within our systems and ends 30 days after that date, regardless of any other term such as free trial or other promotions. Due to the nature of the products, domain names and SSL certificates cannot be covered by this guarantee. Any violation of this MSA will void this guarantee. All refunds are subject to approval.
This 100% uptime guarantee applies to any Vivio Technologies Hosting Client in good financial standing with Vivio Technologies at the time of a service outage.
Vivio Technologies endeavors to have our public network available to any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Vivio Technologies to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Vivio Technologies’ online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Vivio Technologies NOC, or other emergency contact methods. Vivio Technologies’ administrators will determine the end of the downtime by a trace-route to the backbone providers from Vivio Technologies network.
In the event that our public network does not experience 100% network uptime in a given month, Vivio Technologies will credit 5% of the customer’s monthly service fees for customers affected services after the first 10 minutes of service outage. Additional credit will be issued in increments of 5% for each additional 30 minutes of network downtime experienced up to 100% of the monthly service fee. All credit requests must be received within 7 days of network downtime incident.
Customer shall not receive any credits under this Agreement in connection with any failure or deficiency of network availability caused by or associated with:
Vivio Technologies will guarantee only those areas considered under the control of Vivio Technologies:
Subject to these Terms of Service, Vivio will license to You a portion of our data center as identified on the Product Description page, you will have the right to access, use, and occupy for the placement of network, computer and other equipment, that has been provided by, is owned by, or is otherwise controlled by You – with the exception of any leased hardware Vivio may have provided you with.
You agree that you will at all times comply with all applicable laws and regulations, and that it is your sole responsibility to ensure that the information you transmit and receive through your Colocation Service complies with all applicable laws and regulations.
You agree that you will be solely responsible for all costs, maintenance, upgrades, software, improvements, and expenses with regards to your fixtures, furnishings, equipment, or personal property (“Customer Equipment” or “your equipment”) that you purchase and bring to the Vivio Data Center.
In most cases, the equipment Vivio provides (“Vivio Colocation Equipment”) will include the following:
You further understand and agree that while normal wear and tear is expected, should Vivio Colocation Equipment become damaged to the point of it not being usable due to your use or due to any action resulting from your use, that you will be billed for and be responsible for the replacement of Vivio Colocation Equipment. You agree that Vivio, at its sole discretion and judgment, will determine both whether such damages have occurred, who the responsible party is, what equipment will be used to replace the damaged equipment, and how quickly the replacement will be executed should such damage occur.
You understand and agree that it is your responsibility to ensure that all Vivio Colocation Equipment is in full working order before attaching your hardware. If you find fault with Vivio Colocation Equipment before you attach your hardware, Vivio will replace the damaged Vivio Colocation Equipment free of charge.
You agree that you will be fully responsible for any charges, costs, expenses, and third-party claims that may result from your use of, or access to Vivio offices, Data Center, or equipment. Except with the advanced written consent of Vivio, Your access to the Vivio Data Center will be limited solely to the individuals identified and authorized by You to have access to the Vivio Data Center in accordance with this Agreement.
You agree that Vivio, at its sole discretion and judgment, has the right to establish and enforce protocols designed to keep Vivio’s Data Center and Colocation Area secure from access by unauthorized personnel and to preserve the security and integrity of the Vivio Data Center and the equipment located there. You agree that you shall abide by these protocols and that you shall require your employees, authorized agents, or anyone else that you allow to access your equipment located at the Vivio Data Center to also follow these protocols. You further authorize Vivio to refuse access to certain individuals should those individuals be found guilty of not following those security protocols as outlined by Vivio.
In addition to such protocols, you understand and agree that the following substances and devices are not allowed in the Vivio Data Center or Colocation Area at any time unless expressly authorized by Vivio in writing:
You expressly permit Vivio to deny access to your equipment, the Colocation Area, or the Vivio Data Center should any person authorized by you be found possessing the above materials and Vivio may prevent such access to such individuals for any length of time as reasonably determined exclusively by Vivio.
You agree to keep in full force and effect during the term of this Agreement:
You agree that you will be solely responsible for ensuring that your agents (including contractors and subcontractors) maintain, other insurance at levels no less than those required by applicable law and customary in your and your agents’ industries.
Prior to installation of any Customer Equipment in the Customer Area, Customer will furnish Vivio with certificates of insurance which evidence with minimum levels of insurance set forth above.
You agree that you will be solely responsible for obtaining IP Bandwidth to your collocated equipment. You agree that Vivio does not exercise any control, of any kind whatsoever, over the content or information passing through our network, your equipment, or the Internet. You further agree that Vivio cannot be held liable or claim any responsibility for content or information passing through the Internet.
You understand that you may request Vivio to perform cross-connections between you and third-parties within Vivio’s Data Center. You agree to provide Vivio with all necessary details in order to provide the necessary cross-connection successfully. You agree to pay Vivio the required cross-connection fee and agree that Vivio, at its sole discretion and judgment may determine the conduit, cable routes, or other details necessary to perform such a cross-connection.
The responsibilities of Vivio when performing a cross-connection will be to run and terminate a physical cable (copper or fiber) and test the cable to determine the continuity of the cables physical layout. You agree that the responsibility for the circuit underlying such a cross-connection are yours and yours alone. You agree that Vivio is not responsible in any whatsoever for the nature, performance, quality, integration, protocol, timeliness, utility, or other features of circuit(s) provided by third-party providers – which shall be governed solely by your agreement(s) with those third-party providers.
This Agreement is a service agreement and is not intended to and will not constitute a lease of any real or personal property. You acknowledge and agree that:
Vivio may, at its sole discretion and judgement, allow a client to have an alteration performed on the Vivio Data Center Colocation Area in order to satisfy a specific customer need. Vivio reserves the right to select the contractor or service provider who will perform such alterations.
Depending on the alterations to be performed, Vivio may require that you compensate Vivio for the cost of such alterations. Vivio will work closely with you and notify you regarding the cost of such alterations and Vivio agrees to obtain your written approval for such costs via email or postal mail before such alterations are made and costs are incurred.
Metered Usage Power is provided to Vivio from Utility providers. Accordingly, utility providers may, from time to time, increase the amounts charged to Vivio for delivery of the power used in the Vivio Data Center. In the event such an increase occurs, you understand and authorize Vivio to pass the increased cost for delivery of such power on to you as the end user for such Metered Power.
Should the Colocation Area of the Vivio Data Center be wholly or partially damaged by fire, water, or any other casualty, Vivio shall restore the Colocation Area with reasonable diligence provided that Vivio shall have no obligation to restore improvements not originally provided by VIvio or to replace any of your equipment. You agree to be responsible for reinstalling your equipment to the Colocation Area. You further agree that Vivio need not commence repairs until a substantial portion of the insurance proceeds are available and shall not be required to expend more than the actual insurance proceeds received. Proceeds of insurance payable with respect to a fire or other casualty shall be received and held by Vivio. In the event the Colocation Area is destroyed or damaged by any fire or casualty not covered by the insurance maintained by Vivio or to the extent of not less than 25% of the replacement cost thereof, or if the fire or casualty occurs within the last year of the Term, then you or Vivio shall have the option to terminate this agreement by giving notice to the other party within 60 days after the occurrence of such damage or destruction, in which case Vivio shall retain all insurance proceeds with respect to the Colocation Area as its own property. If neither you nor Vivio elects to terminate this Agreement as provided above, this Agreement shall continue in full force and effect, but any Colocation Fees shall be equitably abated as determined in Vivio’s reasonable discretion until the restoration is substantially complete.
You agree that your right to install or use equipment of any kind in Vivio’s Data Center and Colocation Area is subject to Vivio’s approval. You understand and agree that before you install any equipment in the Vivio Data Center, you will give written notice identifying the equipment you wish to install. You agree to install all your equipment in a professional and organized manner consistent with Vivio’s installation standards and industry practices.
Your agree that all your equipment will be configured and operated at all times in compliance with the manufacturer’s specifications, including with regards to the power outlets, power consumption and clearance requirements.
Upon the effective expiration or termination of this agreement as outlined by these Terms of Service, the following will occur.
If you do not remove your property from the Vivio Data Center within such five-day period, Vivio will have the option to move any and all such property to secure storage and charge Customer for the cost of such removal and storage. Furthermore, you agree that if you fail to remove such property from Vivio holding within sixty (60) days you forfeit any and all claims to such property, and you agree that any such property shall at that point become the sole and exclusive property of Vivio.
Domain name registration or reservation services (“Domain Services”) are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms, terms which end on the expiration date. The term begins on the date the domain name registration is acknowledged by the applicable registry. Vivio may place orders for domain names on your behalf with an ICANN accredited registrar. You agree that Vivio is not liable or responsible in any way for any errors, omissions, or any other actions arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name through a registrar. You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
You agree to pay Vivio prior to the effectiveness of the desired Domain Services, and prior to the subsequent renewals of such services.
Your requested domain name will not be registered unless and until we receive actual payment of the full registration fee, and have confirmed your registration in an email from Vivio to the email address indicated in your registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Vivio) in connection with the payments of the registration fee for your domain name registration, You agree and acknowledge that the domain name registration shall be transferred to Vivio as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Vivio will reinstate your domain name registration solely at Vivio’s discretion, and subject to our receipt of the initial registration or renewal fee as well as any applied reinstatement fee.
All fees regarding domain names are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. Vivio reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Occasionally, you may request that Vivio act as an authorized agent to register a domain on your behalf. By requesting a domain name be registered by Vivio, you agree to allow Vivio to use the Vivio “Host Master” contact information for the domain’s Administrative and Technical Contacts in order to protect your privacy and manage your domain as your authorized agent.
You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
Any client in good financial standing may request a domain name transfer. Any account not in good financial standing must have their account made current and all balance due’s paid in full before a domain name can be transferred.
A request for transfer must originate from the email address or phone number that corresponds to the owner of the domain as stated by Vivio’s billing records. Vivio reserves the right to refuse a domain transfer if Vivio cannot verify the authenticity of such an originating request.
Domain names may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay any balances due on your account.
Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
Vivio does not check to ensure that any domain name you select infringes on the legal rights of others. You agree that it is your sole responsibility to know whether or not the domain name you select or use infringes on the legal rights of others. Vivio may be ordered by a court to cancel, modify, or transfer your domain name. It is your responsibility to communicate with litigants, potential litigants, or other governmental authorities. Is is not the responsibility of Vivio to forward court orders or other communications to you. You also agree to allow Vivio to provide litigants or potential litigants with your contact information should you be using Vivio as a registrar proxy or have privacy controls enabled on your domain name.
In the event of a dispute, you agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) – a copy of which can be found at the following URL: http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time of your domain name registration is disputed by the third party.
You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Vivio harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Domain Services provided to you, you may lose your rights to receive the Domain Services during or after the dispute.
If Vivio is involved or threatened to be involved in a lawsuit or any other legal or administrative proceeding in connection with your domain name or other service provided to you by Vivio, you agree to indemnify us and hold us harmless from the claims and expenses including but not limited to attorney’s fees and court costs. You also agree, at our request, to deposit money with us to pay for reasonably anticipated expenses in relation to such legal action. This deposit will be drawn against as expenses are incurred. Notification of such draws will be sent to the billing contact for the domain. Vivio will not be obligated to extend credit for legal expenses in relation to the legal action and may terminate Service due to failure to make, renew, or keep a positive balance in this credit account. Once legal actions are concluded Vivio will return any unused portion of your deposit account within six (6) months of the conclusion of legal action.
As a convenience to you, Vivio may choose to send renewal notifications when the time to renew Domain Services approaches. You understand and agree that Vivio is under no obligation to send renewal notices. You further understand and agree that it is your responsibility to keep your own records and ensure your Domain Services are properly renewed and all renewal fees are paid in full before the Domain Services expiration date.
You understand and agree that should any renewal fee go unpaid before the Domain Services expiration date, they will expire or be canceled.
You understand and agree that it is your responsibility to ensure your billing information is correct, up to date, and complete. Vivio cannot be held liable for expired or canceled Domain Services that result from inaccurate, incomplete, or out of date billing information.
In an effort to help ensure that you do not experience a costly interruption or loss of Domain Services, Vivio may decide, at its sole discretion and judgment, to provide automatic renewal options for Domain Services. When you select the automatic renewal options, or the automatic renewal options are included by default with your Domain Services, you agree to allow Vivio to automatically renew the Domain Services for a renewal term that is equal to or less than the time of the original service term. For example, if your original service term was for two years, your automatic renewal term will be for two years or less.
You understand and agree that automatic renewal options for Domain Services are provided as a courtesy service only, and are provided as an as-is, as available service only. You understand and agree that it is ultimately your responsibility to ensure that your Domain Services are renewed in a timely fashion, and that Vivio is under no obligation to renew your Domain Services should the original service term expire. You understand and agree that Vivio does not guarantee that the automatic renewal processes will be error-free or fail-safe and cannot be held liable for errors, omissions, failures, or the completeness of any automatic renewal process.
You understand and agree that Vivio cannot be held liable for your failure to notify Vivio, or your failure to update your account settings in order to disable or discontinue automatic renewals for your Domain Services. Should you notify Vivio that you no longer wish to renew your Domain Services after an automatic renewal has taken place, Vivio may choose, at its sole discretion and judgment, to issue a refund for the automatically renewed Domain Services, provided that the Domain Services can immediately be canceled and that Vivio’s cost for renewing such services can be recovered.
Should Domain Services expire due to lack of payment or other reason, you understand that Vivio or its upstream registrar may direct the domain name to name-servers or IP addresses chosen by us or our upstream registrar. You further understand that we may choose to either leave the domain WHOIS information in tact or change it as we see fit.
LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SUSPENSION OR LOSS OF DOMAIN SERVICES, USE OF DOMAIN SERVICES, INTERRUPTION OF DOMAIN SERVICES OR INTERRUPTION OF YOUR BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITES OR DOMAIN SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US. YOU AGREE THAT WE WILL NOT BE LIABLE FOR LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION, LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD, OR THE APPLICATION OF THE DISPUTE RESOLUTION POLICY.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF THE DOMAIN SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE DOMAIN SERVICES IS ACCURATE. ALL DOMAIN SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. VIVIO MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE DOMAIN SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Vivio reserves the right, at its s sole discretion, to deny, cancel, terminate, suspend, lock, or modify access to or control of any account or any Domain Services for any reason.
A SSL Certificate is a digitally signed message that contains an organization’s public key and associates it with information authenticated by a Certificate Authority, A Certificate Authority is a third-party (such as GeoTrust, Comodo, Symantec, Thawte, etc) that verifies certain information supplied to it (such as email address, postal address, business name, etc) and signs a public key affirming that this information is true and correct.
By purchasing and/or utilizing a SSL certificate through Vivio, you acknowledge and understand that Vivio is not a Certificate Authority, and is in no way responsible for the quality, integrity, completeness, truth, or accuracy of any SSL certificate purchased through our services.
Vivio includes a 30-day refund guarantee on many of the SSL products we offer. You understand and agree that Vivio has the right, at its sole discretion and judgment, to refuse a refund request for any reason, including improper or incomplete refund requests. In order for a refund request to be considered for approval by Vivio, you agrees and attest to the following with regard to the certificate you are requesting a refund for:
– The SSL certificate is no longer in use
– The SSL certificate has been uninstalled and deleted
The refund request for any SSL certificate must be received within 30 days of the original order date. Account refunds will be assigned to either to the credit account used to purchase the SSL certificate, or the billing contact of the account used to purchase the SSL certificate. Vivio is not responsible for lost, stolen, incorrect, incomplete, illegible, or undelivered refunds or incorrect, incomplete, or old billing contact information.
You acknowledge and understand that it is your responsibility to keep and maintain your own records regarding your SSL Certificates and the dates they are set to expire. As a convenience to you, and not an obligation or a binding commitment, we may send you renewal notifications to inform you when SSL Services are about to expire.
Vivio reserves the right to revoke any SSL certificate at any time without notice should Vivio have any reason to believe any of the following:
– The information within your SSL Certificate is no longer valid
– You fail to perform your obligations under these Terms of Service
– At Vivio’s sole discretion and judgment, Vivio believes you have engaged in activities which are harmful or unlawful
UNDER NO CIRCUMSTANCES SHALL VIVIO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, SSL SERVICES, YOUR USE OR INABILITY TO USE OUR WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VIVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
To enroll in the Vivio Technologies Affiliate Program, you must submit an application through our direct affiliate website (https://affiliates.viviotech.net/) or one of our affiliate partners sites. Vivio reserves the right to reject any affiliate application for any reason, including but not limited to, content that we believe is unlawful, defamatory, obscene, harassing, or otherwise objectionable, such as sites that promote or facilitate unlawful activity.
Vivio will pay you a commission rate for every sale you generate based on the fee structure outlined on the affiliate website you are registering with. Affiliate commission rates may vary on different affiliate sites due to commission structures, payout schedules, or other variables that are unique to that channel. It is important that you carefully review and understand the commission rate of the affiliate site you are registering with. Vivio reserves the right, at its sole discretion and judgement, to determine what qualifies as a commissionable action and the commission rate issued as a result of that action. If you have questions regarding the affiliate commission rate of the site you are registering with, please contact the Vivio Sales department for assistance.
Incentive purchases or offering any incentive for purchasing Vivio services is usually allowed, however we request that you contact us before running your incentive offer to ensure that your incentive offer matches the spirit of exceptionalism that Vivio offers our clients. For example: Vivio may opt to allow you to use our affiliate program to help you fundraise for your organization (We love supporting worthy causes!), but we highly recommend you contact us first. Not obtaining permission for incentive purchases may disqualify your commission and could possibly result in account termination. Please contact the Vivio Sales department to discuss possible incentive-based partnerships.
All funds are paid in U.S. dollars only.
Qualified commissions are paid on a one-time basis for each new account purchased by a new unique user account where your affiliate ID is present in the purchaser’s order.
A qualified commissions must:
Vivio reserves the right, at its sole discretion and judgement, to determine what qualifies as a commissionable action and the commission rate issued as a result of that action. Free accounts (ie: promotional, non-profit, donated, training, or educational accounts) are not considered qualified accounts and will not receive commissions of any kind. No commissions will be paid for accounts created by you, your household, or anyone within your organization. Vivio will not be obligated to pay commissions on additional accounts ordered by a non-unique user, even if that user signs up for a second user account in our system.
Vivio agrees to pay affiliate commissions as set forth in the commission rate section of this agreement. Payments for commissions will be issued as either checks, paypal payments, payments processed through our affiliate partners, or credit to your account, depending on what outstanding balance you may have on your account at the time the payment is qualified and issued. Credit for any outstanding balance will be issued prior to sending a check or making a paypal payment.
Checks issued directly by Vivio for commission payments will be sent to the registered payment address for the affiliate account that generated the qualified sale. Checks will be mailed around the first of the month after the 60-days from the date the sale originated.
Paypal payments will be made to the registered Paypal payment email address.
Either party may terminate the “affiliate” portion of this agreement at any time for any reason provided the following terms are understood:
Vivio and Affiliate shall at all times be independent parties. Neither party is an employee, joint venturer, agent, or partner of the other, and neither party is authorized to assume or create any obligations or liabilities, express or implied, on behalf of or in the name of the other. The employees, methods, facilities and equipment of each party shall at all times be under the exclusive direction and control of that party.
Both Vivio and Affiliate will retain all rights, titles, and interest in its name, logo, trademark, copyright and proprietary technology, including without limitation names, logos, trademarks, copyrights and proprietary technology currently used or which may be developed in the future.
Vivio hereby grants to Affiliate a revocable, non-exclusive, worldwide, fully paid, royalty-free license to use, transmit, and reproduce the Vivio Technologies name, logo, and trademark on your site for the sole purpose of facilitating Affiliate links between your site and Vivio. This license is not assignable or transferable.
Affiliate agrees to remove any link, name, logo, or trademark from their site should Vivio Technologies request such a removal for any reason.
As a Hosting Service Provider that is trusted by thousands around the world with the care and protection of critical and sensitive information, the subject of Privacy is very near and dear to the hearts of everyone that works at Vivio Technologies. It is this extreme concern that drives us to apply the same protections on your personal information that we would want as clients of any other company. In order to help demonstrate our commitment to your privacy, Vivio voluntarily participates in the EU-U.S. and Swiss-U.S. Privacy Shield program, which gives you unprecedented control of your personal data within our systems.
Because we gather certain types of information about the users of Vivio services, we feel you should fully understand what information we gather and how we use that information.
When you register for a Vivio account, Vivio obtains contact information, such as your name, postal address, email address, and phone number, as well as payment information, such as your credit card number.
When you use the Vivio website, our systems record information about your session, such as the dates and times of use, and the specific IP address assigned to you during your visit. Vivio also tracks requests you make for information on Vivio products and services, and responses you provide to Vivio surveys.
When you use Vivio services, the hardware and software used to provide you that service keep logs of various transmissions and transactions that come through them. This includes, but isn’t limited to, DNS requests, number of connections, amount of traffic, incoming and outgoing ports, ip addresses making the connections, and other information stored in logs by the equipment servicing those requests.
Finally, Vivio also keeps records of your payment history and any communications you have with the Vivio Support Team.
Vivio uses the information it gathers during your visit to our website in order to provide you with the best online experience possible. Contact information is used to contact you concerning your services. Payment information is used to validate your identity and to bill you for the services and products you order. Information on your online sessions is used to allocate system resources and to ensure compliance with Vivio’s Terms of Service. Information in your communications with the Vivio support team is used to address the issues raised by your communications.
As a client of Vivio, Vivio may need to occasionally send security bulletins and other important information to your email or postal address regarding your services. Vivio may also call the number you have on file with us in order to provide you with security bulletins and other important information that requires your immediate attention.
Vivio may be required to share EU and Swiss personal data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.
In order to provide you with services, Vivio may share your information with certain agent third-parties. Where possible, this information will be limited to only the information necessary to complete the agent-third-parties purpose, such as processing a payment, or fulfilling a service order. These agent third-parties include the following:
– Credit Card Processing Services,
– Anti-Fraud Checking Services,
– Domain Name Registrars,
– SSL Service Providers,
– Content Delivery Network Providers, or
– Security Service Vendors.
In order to facilitate good communication between Vivio and its clients, Vivio may request to place your email address on a newsletter mailing list so that you can receive notifications about service changes that may affect you. Vivio’s newsletter mailing list is provided as a courtesy to you, is completely optional, and you are welcome to opt-out by unsubscribing at any time for any reason.
Vivio will not sell, rent, share, or disclose personally identifiable information regarding its clients to non-agent third-parties except:
– when we receive legal process such as a court order,
– when reasonably necessary to protect the company’s rights or property, or
– in emergencies where we can reasonably believe someone’s safety is at risk.
Under certain circumstances, Vivio may be liable for the transfer of personal information from the EU or Switzerland to third parties outside the US. Learn more about Privacy Shield here: https://www.privacyshield.gov/.
The personal information you provide Vivio Technologies is kept strictly confidential and will not be shared or sold to any third party except as needed in order to provide services. To this end, Vivio makes every effort to limit the amount of information we collect to only the information that we require in order to process requests for services. This is the information required by credit card processing services, or third-party service providers like domain names or SSL certificates. As such, all the information that is requested during the order process is required in order to provide the services you are requesting. If you no longer wish to share this personal information with Vivio, you may terminate services and your personal information will be handled according to the Post Termination clause of this policy.
Vivio Technologies acknowledges the right of individuals whose data we are processing, to access, correct, or delete their personal data, as it is their right under Privacy Shield. To make changes or corrections to your personal information that is held by Vivio, you may either log in to your account on the Vivio site and update your information yourself, or you may call or email the Vivio Billing Department from an authorized email address or phone number. Please understand when calling or emailing that, for security purposes, we may ask you to prove your identity before making changes to your account, although Vivio is not obligated to do so. We reserve the right to refuse to make changes to your account if we, at our sole discretion and judgment, are not satisfied by your proof of identity.
In compliance with the Privacy Shield Principles, Vivio Technologies commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Vivio directly at:
Vivio Technologies has further committed to refer to unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Burraus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. The services of the BBB are provided at no cost to you. If your complaint is not resolved by these actions, in limited situations, a binding arbitration option may be available before a Privacy Shield Panel.
The Federal Trade Commission (FTC) has jurisdiction over Vivio Technologies compliance with the Privacy Shield.
An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with the organization and afford the organization an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.
In addition, this option may not be invoked if [an EU Data Protection Authority or the Commissioner] (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization. [A DPA’s/the Commissioner’s] authority to resolve the same claim against [an EU or a Swiss] data controller does not alone preclude invocation of this arbitration option against a different legal entity not bound by the [DPA/Commissioner’s] authority.
This Privacy Shield Policy may be amended from time to time consistent with the requirements of the Privacy Shield. Appropriate notice regarding such amendments will be provided.
If you ever leave Vivio, Vivio will preserve account information for a period of time in the event you wish to reactivate your account, record-keeping purposes, and for tax reporting purposes. When account information is no longer useful for these purposes, Vivio will normally delete this personally identifiable information unless we are under a legal obligation to retain it. In the event of any accounting irregularities, Vivio reserves the right to retain your contact and billing information as necessary to resolve the matter.