This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to contract legally with NVIAC.
All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of NVIAC Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with NVIAC and utilize hardware and software that is compatible with the Services.
NVIAC offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
To ensure uninterrupted service, the Services will automatically renew on your renewal date. This section explains this process in more detail.
NVIAC offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 year, 2 year, etc.). Even though we do not want you to, we know that one day you might want to leave NVIAC. The instructions to cancel or disable automatic renewal can be found here.
This section describes NVIAC’s 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid.
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.
The governing law and jurisdiction provision as set forth in Section 26 shall apply to all Subscribers.
The defined terms “NVIAC”, “Company”, “we”, “us” or “our” shall refer to The Northern Virginia Internet Access Collective. The defined terms “Subscriber”, “you” or “your” shall refer to any purchaser of Services.
This Agreement sets forth the general terms and conditions of your use of the products and services made available by NVIAC and through the NVIAC web sites (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time without prior notice. Your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to NVIAC, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures NVIAC takes in connection with the Services, NVIAC’s system and/or Subscriber Web sites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, NVIAC may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that NVIAC shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Web sites.
Dedicated Servers. NVIAC reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. NVIAC reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
The Services are subject to export control and economic sanctions laws and regulations, including those administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States or international authorities (collectively, “Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including but not limited to Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, NVIAC also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "NVIAC Content"), are the property of NVIAC or its licensors. No NVIAC Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any NVIAC Content. Any use of the NVIAC Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the NVIAC Content granted herein. All rights of NVIAC or its licensors that are not expressly granted in this Agreement are reserved to NVIAC and its licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your web sites hosted through the Services (“Subscriber Web sites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Web sites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to NVIAC that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
You acknowledge and agree that NVIAC may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in NVIAC’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that NVIAC shall have no liability due to any corrective action that NVIAC may take, including without limitation suspension or termination of Services.
You hereby grant to NVIAC, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, NVIAC is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
NVIAC complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. NVIAC will not monitor Subscriber Web sites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Web sites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices around the world as further described in our Privacy Notice and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
To the extent that any data protection laws apply to your use of the Services, please refer to our Data Processing Addendum.
You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
You will cooperate fully with NVIAC in connection with NVIAC's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for NVIAC's performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Subscriber Content and Subscriber Web sites are compatible with the hardware and software used by NVIAC to provide the Services, which hardware and software may be changed by NVIAC from time to time in its sole discretion.
You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Web sites off of NVIAC’s servers. This is an affirmative duty. NVIAC is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as CodeGuard and Site Backup and Restore.
You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by NVIAC in its sole discretion, that:
The Services may contain links to other web sites that are not owned or controlled by NVIAC ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Fees Due. You will pay to NVIAC all fees for the Services set forth at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein..
Pricing. NVIAC may change our prices from time to time. NVIAC may increase the fees for the Services (i) as permitted in the applicable Service description published on the NVIAC website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time by providing prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by NVIAC through the Subscriber billing tool or other methods of communications and notices sent or posted by NVIAC.
Taxes. The advertised fees include any applicable taxes unless otherwise indicated.
Add-On Services. If you purchase certain add-on services from NVIAC such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. NVIAC is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Disputes. You have ninety (90) days to dispute any charge or payment processed by NVIAC. If you have a question concerning a charge you believe is incorrect, please contact the support team:
If you initiate a chargeback, there may be a minimum charge plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute or terminate your Services. Hosting accounts that have an open dispute may be disabled for security purposes.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies and we reserve the right to suspend any account and/or terminate Services associated with such misuses.
Initial Term. The initial term of the Services purchased by you will be for the time period set forth when you order the Services (the “Initial Term”).
Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, NVIAC shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber's Services without any prior notice.
If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in below. Disabling automatic renewal option for products and services. You may disable the automatic renewal option for your products and services at any time online via the Renewal Center in your Account Manager.
Disabling automatic renewal option for products and services. You may disable the automatic renewal option for your products and services at any time online via the Renewal Center in your Account Manager.
In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew. Please contact NVIAC by email or online chat if you require any assistance.
Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by NVIAC, including without limitation, any arbitration and legal fees and NVIAC's reasonable attorneys' fees. If any check is returned for insufficient funds, NVIAC may impose a minimum processing charge plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving notice online or by email.
The cancellation request is subject to verification of ownership of the account and/or domain, as determined in NVIAC's sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact NVIAC to cancel your account.
Termination by NVIAC. NVIAC may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to NVIAC; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm NVIAC or others, cause NVIAC or others to incur liability, or disrupt NVIAC's business operations (as determined by NVIAC in its sole discretion); (iv) you are abusive toward NVIAC's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, NVIAC will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. NVIAC reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Web Hosting Accounts. Upon termination of the Services for any reason Subscriber Content, Subscriber Web sites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Web sites, and other data. Blue is not responsible for the loss of any Subscribe Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.
VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting services for any reason, access to your cPanel account will be restricted for a period of approximately seven (7) days and you will not be able to log into your cPanel account. If the account has not been renewed after eight (8) days following expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers that have invoices outstanding for more than twenty-one (21) days may be subject to being reclaimed which will result in the loss of all data on the server. NVIAC is not responsible for any loss of data resulting from such deletion.
NVIAC reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.
Fees paid by Subscriber in connection with the purchase of product or add-on services, including without limitation, NVIAC Domain Hosting Plans, SSL certificates, domain privacy, and domain names are non-refundable unless otherwise expressly provided.
In the event Subscriber cancels the Services prior to the expiration of thirty (30) calendar days and requests a refund in compliance with the terms and conditions of this Section 14, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the Services, Subscriber's refund will automatically be reduced by the regular cost per domain name. Subscriber will retain full ownership and control of any such domain names.
NVIAC does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
Third Party Services. NVIAC is a reseller or licensor of certain third party products and services (collectively, "Third Party Services") including without limitation as sold through the NVIAC Marketplace (the "Marketplace"). Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. A list of certain third parties can be found here. NVIAC is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by NVIAC to you or purchased directly by you and used in connection with the Services will not be deemed a breach of NVIAC's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by NVIAC only in connection with your permitted use of the Services unless otherwise expressly provided.
In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a "Seller"). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later ("GPL"). The terms of the GPL can be accessed here.
NVIAC is not responsible for any Seller's failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.
If NVIAC assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by NVIAC in its sole discretion in connection with the Services during the Term. NVIAC shall retain ownership of all IP addresses assigned to you by NVIAC, and NVIAC reserves the right to change or remove any and all such IP addresses in its sole discretion.
Hosting space is intended for use in accordance with NVIAC’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. NVIAC expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. NVIAC may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of NVIAC policies. You hereby agree that NVIAC shall have no liability due to any action that NVIAC may take, including without limitation suspension or termination of Services in connection with your violation of this section.
NVIAC may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, NVIAC may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.
Use of NVIAC resources must be consistent with a web hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files as determined by NVIAC in its sole discretion can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or of an excessive database size can negatively affect the performance of the server. In the event Subscriber exceeds these amounts, NVIAC may require that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Further information about system resource limitations can be found at the following link. NVIAC reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Web sites. NVIAC is not responsible for the loss of any Subscriber Content.
Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that NVIAC may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. NVIAC's level of support to those Subscribers accessing super-user privileges will be limited as follows:
Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
Reinstallation of the baseline operating system and core file image at Subscriber's request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. NVIAC is not liable for any data lost as a result of this action;
Restoration of files from available backups at Subscriber's request. This restoration will be a full restore of the backup files as NVIAC does not offer file-by-file restoration services. NVIAC reserves the right to charge a restoration fee if you request copies of the backups;
NVIAC does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact NVIAC Professional Service to inquire about additional support offerings.
NVIAC reserves the right to restrict the number of cPanel accounts and/or terminate any excessive cPanel accounts as determined in NVIAC’s sole discretion.
Customers who exceed NVIAC’s limit for cPanel accounts may be charged for additional cPanel accounts.
By registering for the Services you agree that NVIAC may point your domain name or DNS to one of NVIAC's or NVIAC's affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for NVIAC to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account
Except as described otherwise stated below, NVIAC will provide minimal technical support via chat and email for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing NVIAC’s Technical Support Services, you grant NVIAC permission to access your account, if necessary, to resolve your issue. You agree that NVIAC and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support Services. NVIAC will not provide Technical Support Services if:
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that NVIAC exercises no control over, and accepts no responsibility for, the content of the information passing through NVIAC's host computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” NVIAC AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “NVIAC PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE NVIAC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE NVIAC PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY NVIAC OR NVIAC'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. NVIAC DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. NVIAC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR NVIAC IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
NVIAC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE NVIAC PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NVIAC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NVIAC'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NVIAC FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, NVIAC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the NVIAC Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the NVIAC Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from NVIAC's own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
For NVIAC, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Virginia. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Fairfax County, Virginia.
For its own operational efficiencies and purposes, NVIAC from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON NVIAC SERVERS, AND under no circumstance will NVIAC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any NVIAC server. NVIAC reserves the right to charge a restoration fee if you request copies of the backups. NVIAC will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
NVIAC and Subscriber are independent contractors and nothing contained in this Agreement places NVIAC and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
The headings herein are for convenience only and are not part of this Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of NVIAC. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. NVIAC may sign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement.
If you install or use (i) any Automattic product or service, including but not limited to, NVIAC Cloud
Hosting Services, or (ii) WordPress plugins operated by Automattic on your hosting account (including,
for example, Jetpack) (collectively, the “Automattic Services”), then you also acknowledge and agree to
(1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your
use of all Automattic products and Sservices; and (2) the Automattic Privacy Policy located at
(http://automattic.com/privacy/), including without limitation, Automattic's collection of data as
described therein.
The NVIAC Web Hosting Services network, server and OS strives to be available more than 99% (“Service Availability”) of the time in a given month. No guarantee is made and no refunds are due for failure to achieve this level of Service Availability.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. NVIAC does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. NVIAC does not sign “Business Associate Agreements,” and you agree that NVIAC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by email.
This file was last modified: January 31, 2026