Terms of Service

Terms Of Use
Thank you for using Vaultwise.  Our goal is to deliver a reliable, safe and easy to use backup service.  By using Vaultwise’s products, services, or web sites you agree to the following terms and conditions, and or any policies, guidelines, regulations of your local governmental laws.  Utropicmedia, LLC (dba Vaultwise) reserves the right to update the Terms of Service with notification to all customers.

Terms Of Service(s)
Vaultwise offers services to you with the understanding that you are of legal age to enter a legally binding contract.  You are required to provide accurate identification, contact, and other information as part of the registration process.  You, the client, must maintain the confidentiality of your account password and encryption keys.  Vaultwise is not liable for any damage as a result of inaccurate information, and compromised accounts as a result of the customer misuse.

Indemnification/Disclaimer
Vaultwise does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use Vaultwise services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Vaultwise servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters. By using Vaultwise services, the client agrees to indemnify and hold Vaultwise harmless against any liabilities arising out of defective products sold to customers from Vaultwise servers, personal injury or property damage caused by products or services sold or distributed from Vaultwise servers, any material that infringes or allegedly infringes on the rights of a third party available from Vaultwise servers, and any material that libels or allegedly libels a third party available from Vaultwise servers.

By installing and or using Vaultwise Software, you agree to the terms that Utropicmedia, LLC. (dba Vaultwise) as well as any affiliates cannot, and will not be held liable for any loss of data and /or damage caused directly or indirectly by Vaultwise.  This includes, but is not limited to, the improper or proper installation or usage of the software and or website.  Utropicmedia, LLC (dba Vaultwise) is not responsible for any actual data and or financial loss due to data loss.  Vaultwise software may not be completely error free, and Vaultwise recommends users initiate a test period to ensure backups are being performed properly in addition to periodically verifying backup integrity through testing restores.  Monitoring of data backups and ensuring data backups are properly functioning is the sole responsibility of the Customer.

Appropriate Understanding of Use And Behavior
You agree that you are responsible for maintaining, establishing, setting up your own account.  This includes scheduling appropriate backup intervals, and confirming success of said backups.  All data including, but not limited to, text, software, music, sound, photographs, graphics, video, and messages are the responsibility of the originating account.  All data is encrypted prior to storage on Vaultwise’s servers, and therefore Vaultwise is NOT able to access this data.
Vaultwise is not responsible for any copyright infringements of software, music, and any legally protected material that is backed up to our servers.  You agree that you legally own data you are backing up, or you have permission to copy said data.  You are responsible for any data that is transmitted to Vaultwise.  You agree to use Vaultwise’s services for legal purposes, and in accordance with the Terms of Service.  You agree that Vaultwise provides additional redundancy for your data, but is in no way liable for your data.  You agree that you will not engage in any activity that interferes with, or disrupts Vaultwise’s network or, servers.

Billing Renewal
Vaultwise’s renewal charges are billed automatically. Clients who prepay by credit card must keep their billing information current. At the beginning of your next payment cycle, Vaultwise will begin applying charges against the credit card on file. In the event of processing failure, a notice will be sent to the billing contact by email. If, after 5 days, payment has not been made the account will be suspended and another notice will be emailed. If after another 5 days payment has not been made, the account will be canceled.  Data is retained for month following account suspension, however, Vaultwise is not required to maintain data for any period after account suspension.

Refunds
Vaultwise prepayments are nonrefundable. You must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed.

Account Cancellation

Vaultwise reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:

1. The account violates our posted policy.
2. Payment for fees is not received.

An account can be canceled voluntarily at anytime by contacting our support department. The contents of a canceled website may be deleted at anytime subsequent to account termination.

Upgrades
Backup plans at Vaultwise are configured to provide a balance of value and performance to our clients. In order to maintain service levels, we require that clients that require additional storage and/or bandwidth resources upgrade to the next package in their service area offering higher resource limits. Vaultwise administration reserves the right to create custom packages at their discretion.

Policy Violation
If an account is used unlawfully or is in violation of the user policy, Vaultwise reserves the right to terminate the account without notice and without refunds.  Clients violating the User Policy will be held responsible for damages to Vaultwise, including but not limited to, Vaultwise systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 clean-up fee. Determining what constitutes a policy violation is the sole discretion of Vaultwise.

No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Vaultwise services, use of Vaultwise services, or access to Vaultwise services.

Notice
Vaultwise may send notification when updates are made to the Terms of Service.  Vaultwise reserves the right to revise these terms as necessary to provide optimal service.

Last Updated: 06/19/2008