The services offered by Vaultium include the www.vaultium.com website and other websites operated by Vaultium (the "Vaultium Websites"), the Vaultium software applications and any other features, content, or applications offered from time to time by Vaultium in connection with the Vaultium Websites (collectively, the "Vaultium Services").
This Agreement sets forth the legally binding terms for your use of the Vaultium Services.
Vaultium may modify this Agreement from time to time and such modification shall be effective upon posting by Vaultium on the Vaultium Websites.
- If you purchase Vaultium Services, this Agreement will also govern your purchase and ongoing use of those Vaultium Services.
- Vaultium reserves the right to amend the duration of the Trial Period at any time and for any reason. The standard Trial Period is 14 days.
- Vaultium reserves the right to amend the maximum number of users and total amount of storage allowable at any time.
- During the Trial Period only, Vaultium shall not provide telephone support and shall, at it’s discretion choose to provide email support. In any case, there shall be no guaranteed response times to support queries.
- During the Trail Period only, Vaultium may choose not to backup user Content. Trial customers are advised that they should not hold content for the Trial Period that is not backed up on their own systems.
- During the trial period you consent to be asked for feedback. Such requests may take the form of, but not be limited to, telephone calls, video testimonials or questionnaires. You acknowledge that such feedback is necessary to enable us to evaluate the development of the Vaultium Services. In addition, any feedback that is provided, with your prior approval and consent, can be used for marketing purposes.
- During the Trial Period, we reserve the right to modify, edit, delete, suspend temporarily or permanently the Vaultium Service or access at any time. Where we suspend the Vaultium Services, we will reinstate them as soon as we reasonably can after suspension.
- Vaultium reserves the right to charge for the trial at any time. All existing trial customers who began the free trial shall be notified in advance of any changes via the website.
- Vaultium reserve the right to withdraw this trial at any time.
CompetitorsYou may not access the Vaultium Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Vaultium Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Use of Vaultium Services
- Use of and Membership in the Vaultium Services is void where prohibited.
- By using the Vaultium Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 18 years of age or older or will be supervised by somebody that is throughout your use of the Vaultium Services;
- your use of the Vaultium Services does not violate any applicable law or regulation;
- When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify Vaultium immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
- You will create, maintain and use only one Member account and password on the Vaultium Websites for your use. You will not create multiple Member accounts and passwords for your use on the Vaultium Websites.
- You will not use the Vaultium Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
- Without limiting the foregoing, you will not use the Vaultium Services for any of the following activities:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Vaultium Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Vaultium Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
- any automated use of the system, such as using scripts to add friends or copy files;
- interfering with, disrupting, or creating an undue burden on the Vaultium Services or the networks or services connected to the Vaultium Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your Membership;
- using any information obtained from the Vaultium Services in order to harass, abuse, or harm another person;
- using the Vaultium Services in a manner inconsistent with any and all applicable laws and regulations;
- We shall use our reasonable endeavours to make available to you at all times the Vaultium Services but we shall not, in any event, be liable for interruptions to or unavailability of the Vaultium Services.
- Vaultium reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the Vaultium Services at any time, with or without prior notice.
- Vaultium does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload to the Vaultium Services.
- You represent and warrant that your uploading any Content to the Vaultium Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the Vaultium Services.
- Without limiting the foregoing, you will not upload any Content to the Vaultium Services which:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have uploaded without that person's consent;
- By using the facilities of the Vaultium Services to make Content available to other Users ("Shared Content"):
- you grant to Vaultium a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute your Shared Content on and through the Vaultium Services. The license you grant to Vaultium is non-exclusive, perpetual, fully-paid and royalty-free, sub-licensable, and worldwide;
- you represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;
- Vaultium may delete from the Vaultium Services any Content that in the sole judgment of Vaultium violates this Agreement or which We deem inappropriate.
- Vaultium assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any Content you upload to the Vaultium Services.
- Without limiting the foregoing, Vaultium will irreversibly delete Your Content when the provision of Vaultium Services to You is terminated or when You fail to make use of Vaultium Services which are provided to You free of charge for 90 consecutive days. Vaultium shall be under no obligation to give You opportunity to access the Vaultium Services in order to download Your Content prior to doing so.
- You are solely responsible for the Content that you upload to the Vaultium Services, and any material or information that you transmit to other Members and for your interactions with other Users. Vaultium does not endorse and has no control over the Content. Content is not necessarily reviewed by Vaultium and does not necessarily reflect the opinions or policies of Vaultium. Vaultium makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Vaultium assumes no responsibility for monitoring the Vaultium Services for inappropriate Content or conduct. If at any time Vaultium chooses, in its sole discretion, to monitor the Vaultium Services, Vaultium nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.
- The Vaultium Services contain Content of Vaultium ("Vaultium Content"). Vaultium Content is protected by copyright, trade secret and other laws, and Vaultium owns and retains all rights in the Vaultium Content and the Vaultium Services. Vaultium hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Vaultium Content (excluding any software code) solely for your personal use in connection with viewing the Vaultium Website and using the Vaultium Services.
- All charges payable by you for the Vaultium Services shall be in accordance with the scale of charges and rates published from time to time by Us on Our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Vaultium Services.
- We reserve the right to alter pricing including ceasing to offer elements of the Vaultium Services free of charge at any time. Vaultium will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
- Payment is due each anniversary month or year following the date the Vaultium Services were established until closure notice is given in accordance with 7.2. If you choose to set-up a regular payment method, you authorise Vaultium to debit your account renewal fees from your chosen payment method.
- If you are or become a reseller of the Vaultium Services you will continue to be bound by these terms and conditions and are responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
- You shall not incur or purport to incur on Our behalf any liability nor in any way pledge or purport to pledge Our credit or to make any contract binding on Us.
- No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
- We authorise you to sell the Vaultium Services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
Term and Termination
- This Agreement shall remain in full force and effect while you use the Vaultium Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
- You may terminate your Membership at any time, for any reason.
- Vaultium may suspend the provision of Vaultium Services to you and/or terminate your Membership without notice to you if you:
- fail to pay any sums due to Us as they fall due.
- breach any term of this Agreement.
- are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
- Vaultium reserves the right, in its sole discretion, to suspend the provision of Vaultium Services to you and/or terminate your Membership at any time, without warning.
Acceptable Use PolicyUnauthorised use of Vaultium Service, or the resale of said service without our prior written consent is strictly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable English law, or for any unlawful purpose.
- All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright © Vaultium. No part of the website, including pictures etc. can be taken and used without prior permission from the copyright holder.
- You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
- Without limiting the foregoing, if you believe that your work has been copied and posted on the Vaultium Services in a way that constitutes copyright infringement, please provide Us with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Vaultium Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
The information contained in this website is for general information purposes only. The information is provided by Vaultium and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Vaultium. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Vaultium takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
SupportPaying Members should contact Vaultium for all support queries and refer to the section Uptime Guarantee and Service Levels.
IndemnityYou shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by you of this Agreement and any claim brought against Us by a third party resulting from the provision of the Vaultium Services by Us to you and your use of the Vaultium Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the Vaultium Websites or through the Vaultium Services causes Vaultium to be liable to another.
Limitation of Liability
- Vaultium will not be responsible for any incorrect or inaccurate Content uploaded to the Vaultium Websites or in connection with the Vaultium Services, whether caused by Users of the Vaultium Services or by any of the equipment or programming associated with or utilised in the Vaultium Services.
- Vaultium is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Vaultium Services or combination thereof.
- Vaultium is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any Content you upload to the Vaultium Services.
- The Vaultium Website may contain links to other websites. Vaultium is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Vaultium. Inclusion of any linked website on the Vaultium Services does not imply approval or endorsement of the linked website by Vaultium unless explicitly stated. When you access these third-party sites, you do so at your own risk.
- Vaultium maintains a duty of care for advertisements on Vaultium Websites and Vaultium Services, however we take no responsibility for third party advertisements which are posted on this Vaultium Website or through the Vaultium Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- Vaultium is not responsible for the conduct, whether online or offline, of any User of the Vaultium Services.
- All conditions, terms, representations and warranties relating to the Vaultium Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under English law.
- Nothing in these terms and conditions shall exclude Our liability for death or personal injury resulting from Our negligence.
- Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Vaultium Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
- In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.
- In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Non-WaiverAny forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
Uptime Guarantee and Service Levels
2. However, we are not responsible for outages or circumstances beyond our control that hinder access to our service such as:
- Network conditions across the internet (outside of our network), such as between your ISP and our data centre
- DDoS or other attacks on our servers
- Problems with your ISP's network
- Browser or DNS caching issues
3. Occasionally, our services (servers and related hardware) need to be brought down for routine maintenance and upgrades to ensure that our network is secure and performing optimally. We do our best to keep such incidents to a minimum, and will attempt to give you advance notice of any scheduled maintenance. These scheduled services do not qualify for the uptime guarantee. Please refer to our Service Maintenance Policy.
4. This guarantee is applicable for any unscheduled downtime of our service for more than 0.1% of the total time per month. We will provide one month free storage, for every month, that you are unable to use our service due to an internal network or equipment failure. Downtime must be confirmed by our support team.
Service Maintenance Policy
To minimize downtime during peak traffic hours it is necessary for support to periodically take servers and network equipment off-line for routine maintenance during scheduled off-peak periods.
This policy states the scheduling of network and server outage (offline) periods so that routine maintenance can be performed.
There are three types of maintenance downtimes are defined:
- Routine Maintenance – A weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
- Comprehensive Maintenance – A longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
- Emergency Maintenance – A service affecting maintenance that is so severe it requires immediate attention.
The scheduled downtime intervals are:
- Routine Maintenance Window (Weekly) – Sunday mornings, from 2:00 AM until 5:00AM UK GMT Time, outages should not exceed 15 minutes unless other problems are encountered and will NOT be announced.
- Comprehensive Maintenance Window (Monthly or Scheduled) – First Saturday evening of every month from 7:00 PM until 7:00 AM UK GMT Time Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
- Emergency Maintenance – This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
Every effort will be put forth by us to ensure that servers are taken off-line in a manner that will minimise interruption of connectivity and access to our service.
Planned outages during these period will not fall under our 99.99% uptime guarantee.
This policy includes but is not limited to:
- Shared servers and accounts
- Reseller servers and accounts
- VPS servers and accounts
- Semi-dedicated servers and accounts
- Dedicated servers and accounts
- All network equipment
- Internal websites such as billing and support
Major system upgrades may require additional downtime. Vaultium will make a reasonable effort to advise the members as far in advance as possible of any predicted extended outages.
Server & Data Centre Physical Location
- All data is held securely on our own servers and located in the UK.
- No data is transferred outside the UK or held in any other country.
- Our primary data centre is The Bunker, www.thebunker.net, located in Kent. Our secondary data centre is also located within the UK and is used for disaster recovery and backup.
LawThis Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
HeadingsHeadings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
Entire AgreementThese terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Last Updated: February 2011