Terms of Service

Account Eligibility

By registering for or using the Services, you represent and warrant that you are eighteen (18) or older. The Services are exclusively designed for Users eighteen (18) years or older. Any registration, use of, or access to the Services by an individual under eighteen (18) is unauthorized and constitutes a violation of this Agreement. Unauthorized use by minors may result in immediate termination of the account and potential legal consequences.

To the extent that you utilize the Services on behalf of a legal entity or another party, you acknowledge that you are authorized to commit that party to this Agreement and to act on their behalf concerning any actions you take in connection with the Services, including but not limited to, making purchases, managing settings, and accessing data.

You must provide accurate, current, truthful, and complete information when submitting registration forms, including an email address that is not dependent on the domain being registered. If there is an abuse issue or a need to contact you, Vivint Host will use the primary email address on file. You are responsible for ensuring that the contact information associated with your account, including any domain-related contact information, remains accurate, current, and complete. Vivint Host is not liable for service issues, including expired domain registrations, caused by outdated or inaccurate account or domain contact information. If you need to verify or update your information, please contact our sales team or update your information through the Vivint Host billing and support system. Providing fraudulent contact information may result in account suspension or termination. For dedicated servers or certain other services, Vivint Host may require government-issued identification and additional payment verification before accepting or processing an order.

You consent to assume complete responsibility for all actions that occur through your account and for the use of your account. You must ensure the confidentiality of your password and any other information pertaining to your account's security. IP justification, which is the process of proving the need for a dedicated IP address, may be required for any dedicated IP order not included in a hosting contract. This is to ensure adherence to the American Registry for Internet Numbers (ARIN) policies. Please note that IP justification practices are subject to modification. We reserve the right to deny any dedicated IP request if the justification is insufficient or the current IP utilization is high.

Transfers

Our dedicated Transfers Team is here to guide you through the process of transferring your website to us. Additional migrations are available at our standard hourly admin rate, and transfers are provided as a courtesy service for up to 10 cPanel accounts. We require a complete cPanel backup from your current host, with the compressed account size not exceeding 1 GB. Please note, we reserve the right to modify or terminate our transfer policy at any time.

The availability, plausibility, or time required to complete an account transfer are not guaranteed by us. We want to inform you that migration of some or all account data may be exceedingly challenging, if possible, because each hosting company is configured differently, and specific hosting platforms save data in an incompatible or proprietary format. We may need help migrating data from an outdated host in certain instances. The gratis transfer service is available for thirty (30) days from the date of sign-up, where it is available.

A charge may be incurred for transfers outside thirty (30) days. For a detailed price quotation, please get in touch with a member of our Transfers department. Please be aware that VivintHost cannot be held responsible for any lost or missing data or files that may occur during a transfer to or from Vivint Host. This could include website content, databases, email accounts, or any other data or files associated with your website. In all cases, it is your sole responsibility to ensure the backup of your data.

Vivint Host Content

All content available through the Services, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively, "Vivint Host Content"), are the proprietary property of Vivint Host or Vivint Host's licensors, except User Content (as defined below). Unauthorized use of Vivint Host Content, such as modifying, duplicating, distributing, framing, reproducing, republishing, downloading, scraping, displaying, posting, transmitting, selling, or exploiting for any purpose, in whole or in part, in any form or by any means, is strictly prohibited. Reverse engineering, decompiling, disassembling, or any other method of attempting to extract source code or other trade secrets from any Vivint Host Content is also strictly prohibited, whether directly or indirectly. Your rights to use the Services and any Vivint Host Content will be automatically terminated if you use Vivint Host Content in a manner that is not explicitly authorized herein. It's important to note that VivintHost and Vivint Host's licensors retain all rights to use Vivint Host Content not expressly granted in this Agreement.

User Content

As a user, you have the ability to upload, store, publish, display, and distribute various forms of content on or through the Services, collectively referred to as 'User Content'. This includes any content posted by you or by users of your websites hosted through the Services. It's important to note that you are solely responsible for all User Content, transactions, and other activities on or through User Websites. By posting or distributing User Content on or through the Services, you are making a representation and warranty to Vivint Host that you have all the necessary rights to do so, and that your actions do not infringe or violate the rights of any third party.

It's crucial to understand that using your /home/ directory as a backup storage location, including cPanel, WHM, and third-party applications, is not allowed. All websites are automatically backed up on a nightly basis in third-party locations. If you need to perform your backups, you must acquire block storage from us at $19.95 per month for 100 GB. Please be aware that Vivint Host retains the right to delete any files that violate this policy at our sole discretion. Users who breach this policy will face immediate suspension and termination.

By using our Services, you grant Vivint Host 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 User Content; and (ii) make archival or backup copies of User Content and User Websites solely to provide the Services. It's important to note that Vivint Host does not acquire any right, title, or interest in or to the User Content except for the rights expressly granted herein. All of the User Content shall remain solely with you.

Vivint Host is not responsible for the content of User Content or any information that passes through Vivint Host's computers, network nodes, points of presence, or the Internet, and it exercises no control over it. Vivint Host does not monitor User Content. Nevertheless, you acknowledge and consent that Vivint Host may, but is not obligated to, immediately impose any corrective action in its sole discretion, such as the removal of all or a portion of the User Content or User Websites and the suspension or termination of any Services without refund, if you violate the terms of this Agreement. You now acknowledge that Vivint Host shall not be held liable for any corrective action that Vivint Host may implement.

Third Party Products and Services

Third Party Providers

Vivint Host may provide a limited selection of third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Special third-party offers, promotions, and discounts may be subject to additional restrictions and limitations imposed by the third-party provider. It's crucial that you take the initiative to verify the terms of any purchase and the use of products or services with the specific third-party provider you are trading with, empowering you to make informed decisions.

It's important to understand that Vivint Host is not liable for, and does not guarantee, the quality, availability, or timeliness of products or services provided by third-party providers. All transactions with these providers are undertaken at your own risk. We cannot ensure the accuracy or comprehensiveness of any information about these providers. In any transaction, Vivint Host does not act as your agent, representative, trustee, or fiduciary, nor do we assume these roles for the third-party provider.

Third Party Websites

The Services may include links to third-party websites that are not owned or controlled by Vivint Host ("Third Party Sites"), as well as articles, photographs, text, graphics, design elements, sound, video, information, and other content or materials that belong to or originate from third parties ("Third Party Content"). Vivint Host is not responsible for Third Party Sites or Third Party Content accessed through the Services. We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third Party Sites or Third Party Content. If you choose to access Third Party Sites or use Third Party Content, you do so at your own risk. You should review the terms, policies, privacy practices, and data collection practices of any third-party website or service you access.

Prohibited Persons (Countries, Entities, And Individuals)

The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and specific individuals, organizations, or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. You are prohibited from registering, subscribing to, or using the Services if you are in a Sanctioned Country or listed as an SDN. Vivint Host, as a responsible service provider, does not register, nor does it permit the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country unless explicit permission is granted.

Account Security and Vivint Host Systems

Regardless of the installation method, it is your responsibility to guarantee that the permissions of directories are correctly configured and that scripts/programs installed under your account are secure. Set the permissions of most directories to 755 or as restrictive as possible, whenever feasible. Ultimately, users are accountable for all actions performed under their account. This encompasses the compromise of user names and passwords. You are obligated to utilize a highly secure password. Your account may be suspended until you consent to use a more secure password if an insecure password is employed. Audits may be conducted to prevent the use of insecure passwords. Your account will be suspended if an audit is performed and your password is discovered to be feeble. You will be notified and given a reasonable time to update or change your password.

The Services, encompassing all associated equipment, networks, and network devices, are exclusively available for authorized client use. Vivint Host may but is not required to, monitor our systems to ensure that use is authorized, facilitate protection against unauthorized access, and verify security procedures, survivability, and operational security—without limitation. Information may be examined, recorded, copied, and utilized for authorized purposes during monitoring. By using the Services, you consent to monitoring the Services for these purposes.

Any account found to be communicating with, accessing, scanning, or attempting to access a third-party network or system without authorization may be suspended or terminated. Written authorization from the third party is required before accessing networks or systems that are not under your direct control. Vivint Host may request documentation verifying that your access to a third-party network or system is authorized. Any account found to be compromised may be disabled, suspended, or terminated. If you fail to resolve an ongoing issue after being notified by Vivint Host, we reserve the right to keep the account disabled. Vivint Host may assist with account cleanup or remediation upon request, subject to applicable fees. Vivint Host reserves the right to migrate your account from one data center to another without prior notice to comply with applicable policies and local law or for technical or other reasons.

HIPAA Disclaimer. We are not "HIPAA compliant”

Your role in ensuring compliance with federal or state laws regarding the privacy and security of personal data, including medical or other sensitive data, is of utmost importance. You understand that the Services may not be suitable for storing or controlling access to sensitive data, such as information about minors or medical or health information. The information or data you store on or transmit through the Services is not under Vivint Host's control or supervision. We expressly disclaim any representation or warranty that the Services, as currently offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). The Services are prohibited from being used by customers who require secure storage of "protected health information" as defined under HIPAA. Storing and allowing access to "protected health information" constitutes a material violation of this Agreement and is sufficient justification for immediate account termination. "Business Associate Agreements" are not executed by us, and you acknowledge that Vivint Host is not your Business Associate, subcontractor, or agent by HIPAA. If you have any inquiries regarding your data's security, please get in touch with us at info@vivinthost.com

Compatibility with the Services

In connection with Vivint Host's provision of the Services, you consent to complete cooperation with Vivint Host. The provision of any apparatus or software required to use the Services is entirely your responsibility. To the extent that the performance of our obligations under this Agreement may be contingent upon your performance, Vivint Host is not liable for any delays resulting from your failure to fulfill your commitments on time.

You are the sole individual responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Vivint Host to provide the Services. Vivint Host reserves the right to modify the hardware and software used to provide the Services at any time. These modifications may include updates, upgrades, or changes to improve the performance or security of the Services.

Rest assured, backups of all User Content, including but not limited to User Websites, are your responsibility. While Vivint Host does not guarantee that we will back up any User Content, you acknowledge and accept the risk of losing any User Content.

Billing and Payment Information

Multiple Accounts

Users are prohibited from opening or using multiple accounts to exploit new customer discounts, promotions, coupons, or other special offers. Accounts used to misuse the discount system may be suspended or terminated, and any outstanding invoices must be paid before services are restored.

Prepayment

All invoices must be paid promptly, and you are responsible for keeping your payment information accurate and current. You agree that Services are billed and paid in advance for the period during which they are provided. Payments may be applied to the earliest outstanding invoice in your billing account first, subject to applicable laws, rules, and regulations.

Autorenewal

Unless otherwise specified, Services may be billed on an automatically recurring basis to help prevent interruption of service until you notify Vivint Host that you wish to cancel the Services. Recurring billing may be processed using the credit card or other accepted payment method on file.

Taxes

Unless otherwise stated, listed service fees do not include any applicable sales, use, communications, excise, government, or similar taxes or fees. Vivint Host does not currently collect sales tax on services where tax collection is not required. If any tax, fee, or similar charge becomes applicable or legally required, Vivint Host may add it as a separate charge on the invoice, and you will be responsible for paying it. Unless otherwise specified, all fees and charges are non-refundable once paid.

Late Payments

Payment for monthly services is due on the invoice due date. If an invoice remains unpaid after the due date, a late payment fee of $10.00 may be added to the invoice beginning the next day. As a courtesy, Vivint Host may allow a three (3) day grace period before service suspension. Services may be suspended if an invoice remains unpaid after the grace period. Services may be terminated if payment is not received after continued non-payment or repeated failed payment attempts.

Account access and services may be restored once the outstanding balance has been paid, subject to availability and any applicable restoration fees. Customers with an outstanding balance may not be able to place new orders, activate new services, upgrade existing services, or renew services until the account balance is paid.

Vivint Host reserves the right to pursue collection of unpaid balances, including reasonable collection costs, arbitration costs, legal fees, and attorneys' fees where permitted by law.

Domain Payments

Domain registrations, renewals, transfers, and related domain services must be paid before the domain is registered, renewed, transferred, or restored. Domain renewal invoices are generally generated thirty (30) days before the renewal date to allow time to resolve payment issues and help prevent domain expiration, suspension, or loss.

It is the customer's responsibility to keep payment information current, review renewal notices, and pay domain renewal invoices before the domain expiration date. Vivint Host is not responsible for expired, suspended, deleted, or lost domains caused by non-payment, outdated billing information, ignored renewal notices, or customer failure to renew on time.

If a domain expires, additional redemption, restoration, or reactivation fees may apply. Domain recovery is not guaranteed and depends on the domain registrar, registry rules, and domain availability.

Fraud

You violate this Agreement if you fraudulently use or misuse credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Vivint Host reserves the right to disclose any misuse or unlawful use to governmental and law enforcement authorities, credit reporting services, financial institutions, and payment processors, as determined in its sole discretion.

Invoice Disputes

You may dispute any charge or payment processed by Vivint Host within ninety (90) days. If you have concerns about a charge on your account, please contact our billing department directly for assistance.

Cancellations and Refunds

Money-back Guarantee

Vivint Host offers a thirty (30) day money-back guarantee for eligible standard hosting services. If you cancel an eligible standard hosting service within the first thirty (30) days of the original purchase date, you may request a refund of the basic hosting fees paid for that initial service term.

Refund requests must be submitted in writing to the Vivint Host Support Team through the client area within thirty (30) days of the original purchase date. Refunds are not automatic and are subject to review for compliance with this Agreement and our policies.

The money-back guarantee applies only to eligible standard hosting services. It does not apply to domain registrations, domain renewals, domain transfers, SSL certificates, VPS hosting, DriveCloud services, dedicated resources, custom website design, Website Builder services, software licenses, administrative fees, installation fees, setup fees, custom software work, or any other non-refundable services.

If a refund request is not submitted within the required thirty (30) day period, the money-back guarantee will not apply and no refund will be issued.

Refund Eligibility

The thirty (30) day money-back guarantee is available only for a customer's first eligible standard hosting service with Vivint Host. Customers who previously opened an account, canceled service, re-registered, or opened an additional account may not be eligible for another money-back guarantee refund.

Refund eligibility may be denied if the account violates this Agreement, the Acceptable Use Policy, payment rules, abuse policies, or any other Vivint Host policy.

Non-refundable Products and Services

The following products and services are non-refundable once registered, renewed, provisioned, activated, delivered, or otherwise processed: domain registrations, domain renewals, domain transfers, domain restorations, SSL certificates, VPS hosting, DriveCloud services, dedicated resources, Website Builder services, custom website design, software licenses, administrative fees, installation fees, setup fees, custom software work, and any other service identified as non-refundable.

Domain-related purchases are final once processed by the registrar. Domain recovery, refund, or reversal is not guaranteed and may depend on registrar and registry rules.

Cancellation Process

The Services may be terminated or canceled by providing Vivint Host with written notice through the cancellation form provided. In the event of cancellation: (i) you will be required to pay all fees that accrued before the effective date of cancellation, and (ii) no refund will be issued for any remaining service period unless the eligible standard hosting service qualifies for the thirty (30) day money-back guarantee described above.

We will notify you in writing (usually via email) that your account has been terminated once we have received your cancellation form and verified all necessary information via email. The subject line of your cancellation confirmation will include a ticket/tracking number for your reference and substantiation. You should receive an automatic email with a tracking number that informs you that your request has been received. Your cancellation will be processed promptly after Vivint Host confirms your request. If you do not receive a response from us or do not receive the automated confirmation email within a few minutes of submitting your cancellation form, please do not hesitate to contact us. To (a) verify your identity, (b) affirm in writing that you are willing to have all of your files and emails removed, and (c) document the request, we require that all cancellations be submitted through the online form. This process aims to minimize the probability of errors and fraudulent or malicious requests and to ensure that you are cognizant of the possibility of your files, emails, and accounts being permanently and promptly deleted following the approval of a cancellation request.

Shared account cancellations will take effect on the account's renewal date.

Domains

Domain renewal invoices are generally generated thirty (30) days before the renewal date to allow time to resolve payment issues and help prevent domain expiration, suspension, or loss. You are responsible for submitting any domain cancellation request through the Vivint Host Account Dashboard before the domain renewal invoice is paid or before the domain is renewed.

Once a domain is registered, renewed, transferred, restored, or otherwise processed by the registrar, refunds will not be issued. All domain registrations, renewals, transfers, restorations, and related domain services are considered final.

Foreign Currencies

International remittances are subject to constant and inevitable fluctuations in exchange rates. The exchange rate in effect on the date of the refund will be reflected in all refunds processed in U.S. dollars. This fluctuation is a condition of all refunds. Vivint Host is not liable for any fluctuations in exchange rates between the time of payment and the time of refund.

Termination

Vivint Host reserves the right to terminate your access to the Services, in whole or in part, without prior notice in the following circumstances:

• You fail to pay any fees that are due.
• You violate this Agreement.
• Your conduct may cause Vivint Host or others to incur liability, as determined by Vivint Host in our sole discretion.
• As otherwise specified in this Agreement.

Vivint Host will not refund any fees paid in advance if such termination occurs. You will be responsible for paying all expenses incurred before the effective date of the termination. Furthermore, Vivint Host reserves the right to invoice you for all costs associated with the Services for the remainder of the current term.

User content, user websites, and other data will be deleted upon the termination of the Services for any reason.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage

The terms of this Agreement and the Acceptable Use Policy govern the use of hosting space provided by Vivint Host. The use of shared hosting space is restricted to the content of User Websites, active email, and web files. Shared hosting space is not permitted for storing media, communications, or other data, including electronic files, email, or FTP hosts, as offsite storage. Vivint Host explicitly reserves the right to review each shared account for excessive CPU, disk space, and other resource usage that may result from violating this Agreement or the Acceptable Use Policy. Vivint Host reserves the right to terminate access to the Services, impose additional fees, or remove or delete User Content for accounts determined to violate Vivint Host's terms and conditions at our sole discretion.

VPS Managed Services

Please be advised that your management agreement with us may be null and void if you manually install modules and circumvent WHM/cPanel.

Bandwidth Usage

The bandwidth allowance of shared servers is not restricted.

Uptime Guarantee

If your eligible shared hosting service experiences an outage that causes availability to fall below the 99.9% uptime guarantee, you may request an account credit, subject to Vivint Host's review and approval. This reliability guarantee does not apply to planned maintenance, emergency maintenance, customer-caused issues, third-party service interruptions, DNS issues outside our control, abuse-related suspensions, or issues caused by customer scripts, applications, or account activity. Approval of any credit is at the sole discretion of Vivint Host and may depend on the information provided. Third-party monitoring reports may not be accepted as the sole basis for a credit because monitoring results can be affected by the monitor's network, location, transit provider, or configuration. Server availability is determined by Vivint Host's internal systems and service records. To request a credit, submit a billing support ticket through the Vivint Host client area. Uptime guarantees apply only to eligible shared hosting services unless otherwise stated in writing.

Price Change

Vivint Host retains the right to modify prices, the monthly payment amount, or any other charges. We will notify you of any price changes at least thirty (30) days in advance. You are solely responsible for reviewing the invoicing information provided by Vivint Host through the user billing tool or other methods of communication, including notices sent or posted by Vivint Host.

Coupons

Limitation of Liability

Vivint Host shall not be liable to you or any third party for any indirect, consequential, exempt, incidental, special, or punitive damages, including any lost profits or data resulting from your use of the Services or any user content, user websites, or other materials accessed or downloaded through the Services. This includes instances where Vivint Host is aware of or has been advised of the possibility of such damages, ensuring your peace of mind.

Vivint Host's liability to you, or any party claiming through you, for any cause whatsoever, regardless of the form of the action, is exclusively limited to the amount paid by you to Vivint Host for the services in the three (3) months before the initial action giving rise to liability. Importantly, the existence of more than one claim under this agreement will not increase this limit, ensuring you are fully informed.

Indemnification

You agree to indemnify, defend, and hold harmless Vivint Host, our affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses, including reasonable attorneys' fees, threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to:

• Your use of the Services.
• Any breach or violation by you of this Agreement.
• Any acts or omissions by you.

Termination of this Agreement for any reason does not affect the terms of this section.

Arbitration

By using the Services, you agree that any dispute relating to, concerning, or arising out of this Agreement will be resolved through arbitration administered by the American Arbitration Association (AAA), unless otherwise required by applicable law. The arbitration will be administered in Florida, and Vivint Host will select a single arbitrator. The AAA rules will govern the payment of filing, administrative, and arbitrator fees unless otherwise stated in this Agreement. If the arbitrator determines that arbitration costs would be cost-prohibitive compared to litigation, Vivint Host will pay the portion of filing, administrative, or arbitrator fees that the arbitrator determines is necessary to prevent arbitration from being cost-prohibitive. Arbitration will be conducted only on an individual basis. Claims may not be arbitrated as a class action, representative action, or consolidated proceeding unless all parties agree in writing. Arbitration under this section is governed by the Federal Arbitration Act. The arbitrator's decision will be final and binding. The arbitrator may resolve and issue awards only for claims between you and Vivint Host. If you file litigation or another legal action against Vivint Host in violation of this section, you agree to reimburse Vivint Host for reasonable costs and attorneys' fees incurred to enforce this arbitration provision.

Independent Contractor

Vivint Host and User are independent contractors, and this Agreement does not establish a relationship between them that is that of principal and agent, associates, or joint venturers. No party has the authority to enter into contracts or agreements in the other party's name or to obligate or bind the other party in any way, either explicitly or by implication.

Governing Law; Jurisdiction

Any controversy or claim that arises from or is related to this Agreement, its formation, or its breach, including any claim based on an alleged tort, shall be governed by the substantive laws of the State of Florida. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.

Class Action Waiver

You and Vivint Host consent to the exclusive conduct of any dispute resolution or litigation proceedings, whether through arbitration or a court of law, on an individual basis. You, at this moment, waive all jury trials. You acknowledge that you will not attempt to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Disclaimer

Vivint Host is not responsible for damages to your business and does not provide any express or implied warranties regarding the Services. Vivint Host disclaims any warranty of merchantability or fitness for a specific purpose, including any data loss resulting from delays, delivery failures, incorrect deliveries, or any service interruptions caused by Vivint Host or our employees.

Backups and Data Loss

Your use of the Services is entirely at your own risk. Vivint Host's backup service is executed every night and replaces prior backups. Backups are maintained for a maximum of one night. This service is a courtesy exclusively available to shared accounts. Vivint Host reserves the right to modify or terminate it at any time. There are no backups on the VPS. The nightly backups will include accounts of at least 20GB or 100,000 inodes. Files and data stored on your account are not Vivint Host's responsibility. You acknowledge that you are fully responsible for all files and data that are transferred and that you are responsible for maintaining all necessary backups of files and data that are stored on Vivint Host's servers.

Limited Warranty

This agreement provides services "as is" and "as available." Other than as expressly provided in this section, Vivint Host and our affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, for the services provided hereunder.

Vivint Host and our affiliates, employees, agents, suppliers, and licensors make no representations or warranties:

• That the Services will be secure, error-free, or uninterrupted.
• As to the results that may be obtained from the use of the Services.
• As to the accuracy, reliability, or content of any information provided through the Services.

Vivint Host, our affiliates, employees, agents, suppliers, or licensors are not responsible for the content of any data transferred to or from users or stored by users on or through the Services, and they expressly disclaim any liability. The provisions of this section survive termination of this Agreement.

Disclosure to Law Enforcement

Upon a lawful request from law enforcement agencies, Vivint Host may disclose any User information collected to such agencies for an investigation, request, or other purpose without further consent or notification to the User. We are in complete collaboration with law enforcement agencies. Furthermore, your information may be disclosed by our Privacy Policy.

Entire Agreement

This Agreement, which includes documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements concerning the subject matter. It is the sole and complete Agreement between the parties concerning the issues this Agreement covers.

Headings

The headings provided are solely for convenience and are not a part of this Agreement.

Changes to the Agreement or the Services

Vivint Host reserves the right to amend, supplement, or eliminate any aspect of this Agreement at any time. We will post a notice on the Vivint Host website for a minimum of thirty (30) days after posting any substantial changes to this Agreement. Additionally, we will specify the date of the most recent revision at the bottom of this Agreement. Unless otherwise specified, a revision to this Agreement will be effective upon its posting. By continuing to use the Services after the effective date of any such modification, you consent to any modification to this Agreement.

Vivint Host retains the right to alter, modify, or terminate any aspect of the Services.

Severability

If a court of competent jurisdiction determines that any provision or portion of a provision of this Agreement is unlawful, invalid, or unenforceable, the remaining provisions or portions will continue to be in full force and effect unless otherwise required by law.

Waiver

Furthermore, it's crucial to understand that no express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition of this Agreement. This reiteration instills confidence in both parties about the strict adherence to the Agreement's terms and conditions.

Assignment; Successors

Without Vivint Host's prior written consent, you are prohibited from assigning or transferring this Agreement or any of your rights or obligations. Any assignment attempted in violation of this Agreement is null and void and has no force or effect. Without the User's consent, Vivint Host may assign our rights and obligations under this Agreement and engage subcontractors or agents to fulfill our responsibilities and exercise our rights. This Agreement shall be binding on and benefit the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is responsible for any default or delay in the performance of any of its obligations under this Agreement (excluding failure to make payments when due) if such default or delay is directly or indirectly caused by forces beyond the reasonable control of the party, including, but not limited to, 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 fulfill any commitment related to the production or delivery of any equipment or material required for the performance of its obligations under this Agreement.

Electronic Notices

The electronic means of communication between you and Vivint Host are employed, regardless of whether you visit the Platform, send Vivint Host emails, respond to notices posted on the Platform, or communicate with you via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from Vivint Host in an electronic format and (2) confirm that all terms, conditions, agreements, notices, disclosures, and other communications that Vivint Host provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in writing. Your statutory privileges are not impacted by those above.

Third-Party Beneficiaries

This Agreement is not intended to confer any rights on any person other than the parties hereto and their respective successors and permitted assigns unless otherwise expressly provided in this Agreement. Nevertheless, the user acknowledges and consents that any supplier of a third-party product or service designated as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions outlined in this Agreement as they pertain specifically to its products or services. The supplier shall have the right to directly enforce the terms and conditions of this Agreement concerning its products or services against the user as if it were a party to this Agreement.