Terms Of Services
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
- 1.1. Customer agrees to pay, in advance of
each monthly service term, for hosting services
to be rendered.
- 1.2. Customer agrees to be bound by the
service term selected on the online order form
or via applicable promotional codes that may
require Customer to order LiveServerSolution’s
service for a certain minimum period of time.
- 1.3. Customer agrees to a no-refund policy
in advance. Setup fees and monthly web hosting
service fees are non-refundable.
- 1.4. Non-Payment of services shall result in
a 2-day notice of disconnection. All payment
failures must be cured within 3 business days
from invoice due date or account will be
suspended. Account termination will result from
invoices overdue for 5 days.
- 1.5. LiveServerSolution is not and shall not
responsible for data integrity for any accounts
that are terminated, disconnected, or
interrupted because of Customer’s failure to pay
for LiveServerSolution’s services.
- 1.6. Customers agree to pay all taxes
applicable to your account.
- 2.1. LiveServerSolution will provide, and
Customer will purchase and pay for, the Web
hosting services (the “Services”), according to
the service fees specified in the Order for the
applicable Service Description. Customer
acknowledges that the service, and service fees
have been communicated to the Customer, and that
Customer is aware of all applicable charges as
per the Agreement. Customer also understands
that no promotional offers will apply to their
individual service unless said promotional
offers are specified in this Agreement.
- 3.1. Establishment and provision of service
is contingent upon receipt of payment from
Customer to LiveServerSolution.
- 3.1.1. Customer must pay in full for the
Services before LiveServerSolution begins to
provide the Services to Customer. Invoices are
generated 7 days before renewal date.
- 3.1.2. Setup fees will be charged and are
due at the time of the Customer’s initial
request of the Services requiring setup.
- 3.2. Payment is due on the defined monthly
recurring billing date of each month. Service
will be interrupted on accounts that reach 3
days past due. Accounts that are not collectable
by LiveServerSolution will be turned over to an
outside agency for collection. If your account
is turned over for collection, you agree to pay
to LiveServerSolution a “Processing and
Collection” Fee of not less than Fifty ($50.00)
Dollars nor more than One Hundred Fifty
LiveServerSolution may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which LiveServerSolution may be entitled under this Agreement or under applicable law.5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the LiveServerSolution Web site. You can find the “Cancellation Request Form” at the following Web page:
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that LiveServerSolution does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO LiveServerSolution ARE NONREFUNDABLE.
All payments to LiveServerSolution, LLC are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within five (5) days of the time the dispute occurred.
- If you violate any provision above or any of
the following policies of LiveServerSolution,
you will not be eligible for the SLA Credit:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP);
- Terms of Service (TOS);
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. LiveServerSolution reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
- 8.1. the
Acceptable Use Policy,
- 9.1 Customers are responsible for
maintaining their own backups on their own
personal computers or other computers.
- 9.2 LiveServerSolution does not provide any
sort of compensation for lost, inaccurate,
incomplete, or outdated data in the event that
LiveServerSolution’s backups do not function
properly, regardless of the reason(s) for any
such malfunction, even if the malfunction was
due to the fault or negligence of
LiveServerSolution or any of its employees or
agents, and regardless of whether
LiveServerSolution had been informed of the
possibility of such malfunction, or any fault or
negligence that might cause it.
- 9.3 In the event that you need to recover
data from a backup, LiveServerSolution will use
reasonable efforts to restore data to your
account from the appropriate backup. HOWEVER,
PLEASE NOTE THAT THIS SERVICE IS INTENDED TO
COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN
COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE
BACKUPS. AGAIN, LiveServerSolution DOES NOT
GUARANTEE THE AVAILABILITY, COMPLETENESS,
CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- 9.4 You understand and agree that LiveServerSolution’s backup policy does not create any warranties for whose breach LiveServerSolution can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless LiveServerSolution, and the parents, subsidiaries, successors, assigns, employees and agents of LiveServerSolution against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. LiveServerSolution SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF LiveServerSolution’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. LiveServerSolution PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LiveServerSolution DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND LiveServerSolution SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LiveServerSolution DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. LiveServerSolution DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15. No Waiver of Rights by LiveServerSolution.
Any failure by LiveServerSolution to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of LiveServerSolution’s rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
- 17.1. From LiveServerSolution to Customer.
LiveServerSolution will notify you by e-mail of any notices that LiveServerSolution is required to provide to you under this Agreement, at the most current e-mail address you have provided to LiveServerSolution.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that LiveServerSolution has your most current e-mail address, and LiveServerSolution shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that LiveServerSolution sends to the most current e-mail address you have provided to LiveServerSolution.
18. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Tamil Nadu, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and LiveServerSolution, and supersedes any prior or previous agreements between you and LiveServerSolution with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which LiveServerSolution notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
- 22.1 Customer shall not assign or attempt to assign its obligations under this Agreement without LiveServerSolution’s prior and express written consent to such assignment.
- 22.2. LiveServerSolution may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by LiveServerSolution.
24. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the Tamil Nadu. This Agreement shall be governed by the laws of the India and the laws of the State of Tamil Nadu, without regard to Tirunelveli’ choice of law and conflicts of law rules, and LiveServerSolution and Customer each submit to the exclusive jurisdiction of the courts of Tirunelveli, Tamil Nadu, or to the Indian District Court for the Southern Tamil Nadu of Tirunelvei, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
25. Force Majeure.
LiveServerSolution shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of LiveServerSolution.
26. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
27. Limitation of Actions Arising Under this
Any cause of action you may have with respect to LiveServerSolution’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
28. Denial of Service
LiveServerSolution reserves the right to refuse or discontinue service to anyone at our sole discretion.
29. Abuse of LiveServerSolution Staff or Support Personnel.
- 29.1. At LiveServerSolution, we take pride
in providing excellent service to all of our
customers. It is our policy always to treat our
customers with the highest level of respect and
courtesy. In return, we expect the same respect
and courtesy from you.
- 29.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service.
- 29.3. Abusive conduct includes, but is not
limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner;
- Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written communication to our staff;
- Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Please feel free to Contact us for any clarifications regarding this agreement, preferably before signing up with us.
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