ServerVault: Legal & Privacy

• Legal Notice
• Privacy Notice
• Web Site Notice

Legal Notice

This Site and all services provided hereunder are the property of ServerVault Corp, a Delaware corporation (“ServerVault”), and are protected by intellectual property laws and international treaties. Your access to and use of this Site and any such ServerVault™ services are licensed and not sold. No portion of this Site or such services may be reproduced in any form or by any means beyond the rights granted in the Limited License section below, without ServerVault's written consent.

The following terms of use apply to all visitors and users (collectively, “you” or “your”) of this Web Site.

BY ACCESSING THIS WEB SITE OR ACCESSING OR USING ANY PART OF THE SERVICES AVAILABLE HEREUNDER, YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY TERMINATE ALL ACCESS TO OR USE OF THIS SITE AND SUCH SERVICES.

ServerVault reserves the right to change these terms of use at any time and from time to time at its sole discretion. You agree to periodically review these terms when visiting our Site so that you are familiar with the then-current terms.

Upon any violation of these terms, ServerVault reserves the right to seek all remedies available at law and in equity, including immediate termination of your access to this Site and our services.

You further agree that from time to time this Site and any ServerVault services may be inaccessible or inoperable, without liability to ServerVault, including but not limited to, (a) equipment malfunctions, (b) periodic maintenance procedures or repairs, (c) telecommunications or connectivity outages, (d) computer equipment failures (ours or yours), or (e) causes beyond ServerVault's control.

You hereby represent and warrant to ServerVault that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations hereunder, (b) you have and will provide accurate and complete information to ServerVault as and when requested hereunder, and (c) you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails.

II. Limited License.

ServerVault hereby authorizes you to copy or download materials published by ServerVault on this Web Site solely for non-commercial use within your organization (or if you are a ServerVault Business Partner, within your customer’s organization) in support of ServerVault products or services. No other use of the information on this Site is authorized. In consideration of this authorization, you agree that any copy of these materials will retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing herein is intended to nor shall be construed as conferring, by implication, estoppel or otherwise, any right, title, interest or license under any patent, trademark, copyright or other property interest of ServerVault or of any third party.

THE DESIGNS AND CONTENT ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM SERVERVAULT. NEITHER VISITORS NOR USERS ARE PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, DISPLAY OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY UNAUTHORIZED PURPOSES.

III. Compliance With Applicable Laws; Export Control Laws.

Your access to and use of this Web Site is subject to applicable law. The information available on the Web Site may be subject to U.S. export control laws and the laws of the country where you reside.

IV. Trademarks.

The trademarks, trade names, logos and service marks (collectively, “Marks”) displayed on this Web Site are the property of ServerVault or third parties. Users are not permitted to use these Marks without the prior written consent of ServerVault or any third party owner of the Mark. ServerVault, the ServerVault logo, SecureView and the SecureView logo are trademarks of ServerVault and the benefit of all uses thereof shall accrue solely to ServerVault.

V. Disclaimers.

Although ServerVault has attempted to provide accurate information on this Web Site, ServerVault assumes no responsibility for the accuracy of the information or the results of any use you may make of it. ServerVault may change the information, programs or products mentioned at any time without notice. Mention of non-ServerVault products or services is for information purposes only and constitutes neither an endorsement nor a recommendation nor a grant of any rights with regard to such third party products or services. You are solely responsible for the security, confidentiality and integrity of all messages and content that you receive or transmit from or to ServerVault. Unless otherwise agreed by ServerVault in writing, You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual license to any data or information you transfer to or otherwise provide us. You shall also be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all uses or charges incurred from use of your password.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE, INFORMATIONAL CONTENT, SYSTEM INTEGRATION AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT SERVERVAULT DOES NOT WARRANT THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

VI. Limitation of Liability; Sole Remedy.

UNDER NO CIRCUMSTANCES SHALL SERVERVAULT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, THE SERVICES OR THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES AND TERMINATE THIS AGREEMENT.

VII. Disclosure; Forward-Looking Statements.

Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of ServerVault. Any such statements are predictions or forecasts only, are subject to change without notice based on changes to the underlying premises and the actual event or results may differ markedly if they occur at all.

VIII. Cookies.

A cookie is a small data file that certain Web Sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Some cookies track user traffic patterns. ServerVault uses cookies to determine the usefulness of information to our users and to see how effective our navigational structure is in helping users reach that information. ServerVault does not correlate this information with data about individual users, nor does it share this information or sell it to any third party. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of ServerVault.com or ServerVault.net.

IX. Links to Third Party Sites.

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and ServerVault is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. ServerVault provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or representation by ServerVault as to the accuracy of any information contained on such third party sites or the privacy policies applicable to your use thereof. Any information you submit to such sites or which such sites collect will be subject to the policies of the operators of those sites. You should review those policies carefully and we are not responsible for the actions of those sites or operators.

X. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

XI. Indemnification.

You agree to indemnify and hold harmless ServerVault, its officers, directors, employees, shareholders and agents from and against any and all actions, causes, claims, damages, debts, demands and liabilities, including any and all costs and reasonable attorneys’ fees, asserted by any person arising out of or relating to (a) this Agreement, (b) your use of the Site or any ServerVault services, and (c) any negligent or wrongful action or omission by you or by anyone on your behalf, including violation of ServerVault’s acceptable use policy available by link on our home page.

XII. Governing Law; Jurisdiction; Attorneys’ Fees.

This Agreement and your use of this Site and/or the services shall be governed by the laws of the Commonwealth of Virginia, without regard to principles of conflicts of law. Exclusive jurisdiction and venue for any and all suits, claims, actions, disputes or declaratory actions relating hereto shall lie solely in the state courts located in Loudoun County, Virginia or federal court located in the City of Alexandria, Virginia, jurisdiction to which is hereby consented by you. ANY AND ALL SUCH ACTIONS SHALL BE TRIED BY THE COURT SITTING WITHOUT A JURY AND THE PARTIES IRREVOCABLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY. In connection with any and all actions or proceedings in which ServerVault prevails against you, ServerVault shall be entitled to recovery of its costs and expenses of such action, including attorneys’ fees through trial and all appeals.

XIII. Amendments.

ServerVault shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein, which shall govern all uses, actions, events and transactions by you with regard to this Site or the services thereafter. Your access, link to or use of this site or ServerVault’s services after the date of such amendment(s) shall be deemed to constitute acceptance of such amended terms.

XIV. Waiver and Severability.

No failure or delay by ServerVault in excising or enforcing any right or remedy hereunder shall constitute a waiver of any other right or remedy or future exercise of the same such right or remedy. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable statute, decision or rule of law, it shall be to that extent deemed omitted and severed, with the balance of this Agreement remaining in full force and effect.

Privacy Notice

I. PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT

a. Registration Information About You

We may ask for specific Personally Identifiable Information about you when you inquire about a ServerVault service or product. For example, we may ask you for your e-mail address or phone number so that we can provide you with additional materials or connect you with a representative.

b. Email

We place email links on this site to allow you to contact us directly. The information you provide is used to respond directly to your questions or comments. We may also file your comments to improve the site and our services, or review and discard the information.

c. Automated Data Capture, Cookies

We may automatically track certain information about your use of this site. As is true of most Web Sites, ServerVault.com and ServerVault.net gather and store certain information in log files. This information includes IP addresses, browser types, referring/exit pages and date/time stamp for system administration purposes. This information will be analyzed to constantly improve the value of the materials and services available on the Web Site.

II. USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

a. Use by ServerVault

We will primarily use your Personally Identifiable Information to provide ServerVault services and products to you. We also use Personally Identifiable Information to improve our marketing and promotional efforts, to analyze site usage, to improve our site and service offers, and to customize our site. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, our terms of use, our Acceptable Use Policy and this Privacy Policy.

b. ServerVault Business Partners

ServerVault may provide some of its products and services through contractual arrangements with affiliates, service providers and other third parties. ServerVault uses your Personally Identifiable Information to deliver its goods and services, but does not control the usage that a Business Partner may make of such information. ServerVault encourages its Business Partners to adopt and post sound privacy policies consistent herewith. However, the use of your Personally Identifiable Information by such third parties is governed by their privacy policies and is not subject to our control. Both ServerVault and its Business Partners may also use your Personally Identifiable Information to inform you of other products or services available from such companies. To opt out of receiving future ServerVault notifications, see below.

c. Links

ServerVault.com and ServerVault.net include links to many sites, and new ones are added all the time. This Privacy Policy applies to the ServerVault.com and ServerVault.net sites only. Any information you submit to linked sites will be subject to the privacy policies of those sites, if any. You should review those policies carefully.

d. Legal Disclosures

ServerVault may disclose Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to prevent injury or property damage. We may attempt to notify you when we are making such a disclosure, but we may not do so in an emergency or when law or court order prohibits us.

e. Your Passwords

You should never disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your Personally Identifiable Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

f. Security

ServerVault uses state-of-the-art commercially available technology to protect against unauthorized access to any Personally Identifiable Information that is stored electronically by ServerVault.

g. Changes to This Policy

If we decide to change this privacy policy, we will post those changes here so that you will always know what information we gather, how we might use it and under what circumstances it may be shared or disclosed. Problems? Please contact us at webmaster@servervault.com if you experience any problems (including any performance issues) that you feel may be in error.

Web Site Notice

We designed this Web Site using technologies and tools so that visitors may easily navigate it, locate desired information or resources and enjoy their experience. Please contact our webmaster via email if you experience any problems (including any performance issues) that you feel may be in error.