These Terms of Service govern the use of the LivetecsHosting website and its services for server clients. The term "LivetecsHosting" is used to refer to Livetecs LLC. The term "account" refers to the access, content, and services that LivetecsHosting provides to its users.
By using the LivetecsHosting Web Site, Hosting Services, any Support Services, any LivetecsHosting software, or any other products or services of LivetecsHosting, you agree to be bound by the terms of this Agreement. LivetecsHosting reserves the right to change, amend and/or otherwise alter the LivetecsHosting Services with equivalent or otherwise equal services without prior notice to you.
The terms contained herein supersede and replace any other agreement or negotiation between you and LivetecsHosting, whether oral, written or otherwise, including any statements made to you by any representative of LivetecsHosting at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by LivetecsHosting.
LivetecsHosting reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on LivetecsHosting and you agree that LivetecsHosting will have no liability for removing any data you have posted.
Subscribers to LivetecsHosting Services must be at least 18 years of age or require the approval of the minor's legal guardian.
At your request, LivetecsHosting may acquire a Second-Level Domain Name
("Domain Name"), on your behalf and in your name, assuming that the Domain Name you request is available for registration. LivetecsHosting will not own or otherwise legally control any Domain Name registered on your behalf under this Section. LivetecsHosting provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against LivetecsHosting for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Domains for more than three years will be provisionally registered for one year to protect both parties from fraudulent transactions. Registrants should react on renewal reminders through support ticket. You agree that LivetecsHosting will have no liability of any kind for any loss resulting from (i) processing of registration requests, renewal requests, transfer requests or any domain modifications (ii) any dispute over any domain name registration/renewal. Any costs incurred by LivetecsHosting to obtain and/or maintain the Domain Name on your behalf shall be charged to you by LivetecsHosting at an amount determined by LivetecsHosting, at their sole discretion.
2.1 Domain Names may be registered by LivetecsHosting on your behalf through a variety of Domain Name Registration Services (each a "Registrar"). Each Registrar has its own terms and conditions concerning the registration and maintenance of domain names and you agree to be bound thereby. In particular, registration of Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which governs the resolution of most disputes regarding the registration of Domain Names.
2.2 You warrant to LivetecsHosting that any Domain Name you may seek to register through LivetecsHosting does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case. You agree to indemnify and hold harmless LivetecsHosting, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of any such Domain Name on the Internet.
2.3 You agree to inform LivetecsHosting of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on LivetecsHosting servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). Should you for any reason lose your right to use a Domain Name hosted on the LivetecsHosting Servers, through expiration of the registration of the Domain Name, judicial decree, and administrative decision under the UDRP or otherwise, you agree to immediately inform LivetecsHosting of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately inform LivetecsHosting in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
2.4 You agree and understand that LivetecsHosting may, should your rights to a Domain Name be challenged in any way, suspend the LivetecsHosting Services associated with such Domain Name and take any other steps required under any such proceeding, including but not limited to actions required under the UDRP. In any such case, LivetecsHosting will take every reasonable step to assure that no loss of data occurs as a result of such actions and LivetecsHosting may make such data available to you for storage elsewhere.
3.1 Support for dedicated hosting plans is offered via Ticket Support System, Live Chat, and e-mail. This support is offered 24 hours a day, seven (7) days a week as per your managed or unmanaged contract server agreement.
4.1 Setup Fees are nonrefundable.
4.2 LivetecsHosting reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect existing right and responsibilities of each party. Promotional offers and rates may not be combined.
4.3 To the extent that you qualify for any promotional rates or special offers offered by LivetecsHosting, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
4.4 LivetecsHosting charges a non-refundable set up fee as well as its periodic service fee which in some cases may be refundable as further set forth elsewhere herein. LivetecsHosting may also charge you for Domain Service Fees and specifically reserves the right to institute additional charges upon notice to you. LivetecsHosting reserves the right to alter, change, amend or delete charges at its sole discretion. LivetecsHosting further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
4.5 Payment for all products and services are due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the LivetecsHosting services. All payments shall be made in United States Dollars.
4.6 Upon termination of a customer's account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein or provided in writing by a separate contract. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which LivetecsHosting may be entitled.
5.1 LivetecsHosting reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion.
5.2 LivetecsHosting does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by LivetecsHosting.
5.3 LivetecsHosting does not endorse any content contained within it's user's pages.
5.4 LivetecsHosting will cooperate with all law enforcement efforts pertaining or involving the use of LivetecsHosting's user's web space and content. This may result in LivetecsHosting disclosing all information given to LivetecsHosting including but not limited to information contained in LivetecsHosting's customer database records.
6.1 Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, ordinances, or these guidelines is prohibited. LivetecsHosting reserves the rights to restrict or prohibit any and all uses of the Services or content on your website(s) and to remove such material from its servers that LivetecsHosting determines in its sole discretion is harmful to its servers, systems, network, reputations, good will, other LivetecsHosting Customers, or any third party. The following non-exhaustive list details the kinds of illegal or harmful or misappropriates conduct that is prohibited.
6.2 LivetecsHosting does not permit any of the following types of content:
6.2.1 Violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.
6.2.2 Threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
6.2.3 Promotion of illegal activities (info on hacking, cracking, making illegal devices, etc).
6.2.4 Information, instructions, or software containing or about any kind of virus.
6.2.5 Hate speech or hate propaganda.
6.2.6 Content that links to content that violates LivetecsHosting's Terms of Service in any way.
6.2.7 Misrepresentation of user's identity, or the impersonation of anyone, including LivetecsHosting personnel.
6.2.8 Collection of personal information for illegal purposes.
6.2.9 Content that is deemed by LivetecsHosting, in its sole discretion, to be harmful to LivetecsHosting, another company or organization, or individual.
6.2.10 Solicitation or sale of any products or services that are harmful, illegal, dangerous, or indecent.
6.2.11 Adult Sites
7.1 LivetecsHosting does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
7.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this agreement.
8.1 Hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
9.1 Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
9.2 You agree not to make or attempt any unauthorized access to any LivetecsHosting website or the website of any LivetecsHosting customer.
10.1 Violations of LivetecsHosting's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. LivetecsHosting may investigate incidents involving such violations. LivetecsHosting may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
10.2 Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
10.3 Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
10.4 Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
10.5 Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header.
10.6 Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
10.7 Failure to Safeguard Accounts. Customer fails to prevent access to the accounts, including any account passwords.
11.1 LivetecsHosting does not permit the following file types: .cmd, and .bat.
12.1 LivetecsHosting user name restrictions are as follows:
12.1.1 No vulgar or offensive language.
12.1.2 No use of a name other than your own.
12.1.3 No use of a name that is an organization or entity other than your own.
12.1.4 No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization.
13.1 LivetecsHosting users agree not to distribute, publish, or send any of the following types of e-mail:
13.1.1 Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
13.1.2 Harassing e-mail, whether through language, frequency, or size of messages.
13.1.3 Chain letters.
13.1.4 UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly referred to as "spam"). LivetecsHosting reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
13.1.5 Unsolicited postings to newsgroups advertising any URL (domain) hosted by LivetecsHosting.
13.1.6 Promoting any software program, product, or service that facilitates the use of spam/bulk mail.
13.1.7 E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
13.2 Malicious e-mail, including without limitation "mail-bombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
13.2 In addition, you may not use LivetecsHosting's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
14.1 A partial list of the actions that may cause termination of account:
14.1.1 Purposely circumventing the receiving of emails.
14.1.2 Posting or providing links to content that violates these Terms of Service.
14.1.3 Using an account that is not yours or is inactive.
14.1.4 Sending unsolicited (bulk, spam) email from or referencing your space.
14.1.5 Reproduction or use of another user's content without permission.
14.1.6 Reproduction of any LivetecsHosting.com content (CodeBank, Forum Messages, Articles).
14.1.7 Invalid e-mail address for correspondence with LivetecsHosting.
14.2 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
15.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of LivetecsHosting including but not limited to the LivetecsHosting customer service tools. You acknowledge that all right and title to any such LivetecsHosting intellectual property shall remain the sole property of LivetecsHosting and that you have no right, title or interest therein. You further agree not to provide access to the LivetecsHosting services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the LivetecsHosting Services shall also remain the sole property or LivetecsHosting.
15.2 During the term of this agreement you may have access to certain information and materials relating to the LivetecsHosting business, customers, software technology and marketing which LivetecsHosting treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of LivetecsHosting; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
15.3 Confidential Information also includes passwords and access codes.
16.1 LivetecsHosting IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LivetecsHosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LivetecsHosting MAKES NO WARRANTY THAT (i) LivetecsHosting WILL MEET YOUR REQUIREMENTS OR THAT, (ii) LivetecsHosting WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LivetecsHosting IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LivetecsHosting SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LivetecsHosting SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LivetecsHosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM LivetecsHosting; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16.2 You agree to indemnify and hold LivetecsHosting, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on LivetecsHosting your use of LivetecsHosting, your violation of these Terms of Service, or your violation of any rights of another.
16.3 These Terms of Service constitute the entire agreement between you and LivetecsHosting and govern your use of LivetecsHosting, superseding any prior agreements between you and LivetecsHosting. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and LivetecsHosting shall be governed by the laws of the Commonwealth of Virginia . You and LivetecsHosting agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia . The failure of LivetecsHosting to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.1 If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.1 LivetecsHosting offers high-limit or unlimited amounts of disk space and/or other
resources, such as bandwidth transfer, email or FTP accounts etc. LivetecsHosting
provides ample resources so that customers need not worry about exceeding
It is acknowledged by users of LivetecsHosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email services and is not to be used as offsite storage area for electronic files storage, sharing, transfer, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, compressed archives, electronic files, ebooks, audio and video storage/streaming or other media are strictly prohibited and are not allowed on LivetecsHosting servers. The WebSpace is not allowed for any kind of storage, only website files are allowed.
It is also acknowledged by users of LivetecsHosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. LivetecsHosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of LivetecsHosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. LivetecsHosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, LivetecsHosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization and memory. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of LivetecsHosting.
19.1 LivetecsHosting strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
20.1 Use of LivetecsHosting services requires a certain level of knowledge in the use
of Internet languages, protocols, and software. This level of knowledge varies
depending on the anticipated use and desired content of subscriber's website.
The subscriber is responsible for programming and for uploading the website to our servers. Website development, consulting, programming and debugging are beyond the free hosting support services.
The subscriber agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of LivetecsHosting to provide this knowledge or service.
LivetecsHosting provides technical support for services only to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support:
LivetecsHosting provides support related to your service plan’s features’ physical functioning. LivetecsHosting does not provide technical support for the subscriber’s customers.
21.1 Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). LivetecsHosting will monitor subscriber’s bandwidth and disk usage. LivetecsHosting shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in LivetecsHosting's sole and absolute discretion, at any time deemed necessary by LivetecsHosting. If LivetecsHosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by LivetecsHosting’s automated notification system.
22.1 LivetecsHosting reserves the right to suspend network access to any subscriber if
in the judgment of LivetecsHosting, the subscriber‘s account is the source or target
of a violation of any of the terms of the TOS, or for any other reason which
LivetecsHosting deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.
23.1 The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that LivetecsHosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
The subscriber is responsible for keeping a complete and current copy of their
website files as a backup on a remote system (not solely on LivetecsHosting servers).
LivetecsHosting is NOT RESPONSIBLE for any lost files, information or data.
LivetecsHosting makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although LivetecsHosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. LivetecsHosting does not guarantee to possess the most current copy of a subscriber's website in its own backups