LiveHost.net - Professional Web Hosting

Acceptable Use

This Registration Agreement sets forth the terms and conditions of your use of web hosting and related services. In this Agreement "you", "your" or "client" will refer to you and all agents and users of the website hosted with LiveHost.net. "We", "us", and "our" refers to LiveHost.net.

Passage of time: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your hosting services to another registrar or request of us that we cancel your web hosting services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of the service provider, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.

We reserve the right to move or subcontract services to another service provider, for example, all domain registration services will be contracted to GotoNames.com Domain Registration service. In such a case, the client will be expected to follow additional terms of service set by the third party service provider.

LiveHost.net's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the LiveHost.net Hosting Acceptable Use Policy and Terms of Use. Your account will be terminated without notice and you may forfeit all funds that have been paid to LiveHost.net.

Examples of content that is not acceptable on LiveHost.net Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's", cgi-based message boards.

You specifically agree to indemnify and hold LiveHost.net harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.

Warez - Includes pirated software, ROMS, emulators, phreaking, phishing, hacking, software or password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

"Hacking" content may be deemed acceptable if used in a "how to test and prevent" context. Please contact our staff if you have any questions on this.

Under no circumstances, may you have child pornography or any content that may be considered illegal within the boundaries of the United States.

Denial of Service Attacking
We have a zero tolerance policy on deliberate Denial Of Service attacks, either against our servers, or from our servers. If your account is found to be deliberately causing Denial of Service to our servers, or any other server or equipment, then you will be held liable for damages, including but not limited to labor to diagnose and repair service, at a minimum of $200/hour ($400/hour on evenings, nights, and weekends, $600/hour on holidays.)

If intentional DOS attacks, brings down our servers, causes interruption to our network, or causes our network provider to block our services, then the responsible party will also be financially accountable for downtime of services. Damages are at a rate of $500 per hour until service is restored.

Spam
SPAM will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of advertising."

All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to LiveHost.net upon request.

Purchased lists of email addresses, are NEVER allowed.

SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN lists that people have signed up for FROM YOUR SITE. Spam complaints about users will not be tolerated.

Anyone caught intentionally spamming, or purposely opening relay ports for spamming will be terminated immediately, and will be held financially responsible for labor of an engineer to repair any and all damages at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)

If intentional spamming, DOS attacking, phishing, or any other form of abuse, gets any of our servers put on any blacklist of any kind, the responsible party can be financially accountable for downtime services. Damages are at a rate of $500 per hour until service is restored, plus legal fees, and labor.

This is meant purely to protect our honest clients.

Mailing Lists
If you maintain an opt-in mailing list with your web site(s), you MUST include:

1) A working opt-out procedure for your members members, that is in plain sight in every email.
2) A mechanism to handle email bounces, to remove an email after 4 unsuccessful mailings in a row.
3) No "purchased" lists. If you are running a newsletter of people that have opt-ed in at your site, great. If someone signed up looking for a business opportunity at some other site, this is not acceptable, nor is it responsible mailing. This will be considered spam.

If your using a mailing list, you may protect yourself further, by including in each email, information used at time of opt-in, like date and IP address.

IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.

You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to LiveHost.net must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and all content within your account.

Please refer to our DMCA Policy for details regarding takedown and reinstatement procedures for sites in possible violation of the Digital Millennium Copyright Act. http://LiveHost.net/dmcapolicy.html

Transfer of Services The services provided to you by LiveHost.net, and your account with us, cannot be transferred to another party without the knowledge of LiveHost.net. The new party agrees to all and terms of service.

Server Backups
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time. Backups are typically made on a secondary hard drive on the same server, therefore cannot be stored off site. If restoration of files, or database is required, please submit a support request. Restore request may take more time than most other support requests.

We offer up to two free, full, or partial restores per client, per month. Resellers with many customers may be allotted more at LiveHost.net's full discretion.

Sub-Accounts and Reseller Accounts
Multi-Domain and Reseller accounts are for all legal purposes synonymous. A reseller may create sub-accounts within his/her own domain space, and sub-lease this space. The reseller account becomes the parent account to the sub-account.

It is the responsibility of the reseller to supply technical support to their own clients. LiveHost.net and it's agents, will not supply technical support to the clients of our resellers without prior arrangements.

A reseller must take full responsibility for their own payments to LiveHost.net regardless of their payment arrangements with their own clients.

All users on LiveHost.net servers are required to follow the rules in this Terms of Service. A reseller may, impose more restrictive rules on their own clients, but not less restrictive.

Uptime Guarantee
LiveHost.net typically keeps a 99.9% uptime, or better, on all of our servers monthly. We try to improve this at all times. To see current uptime statistics, you may visit our Live Uptime Statistics page.

LiveHost.net offers a 99.8% uptime guarantee, on the network and Apache web services on all of our servers. Upon request, we will grant a credit or refund of the monthly services upon the following schedule: 5% of the account's monthly payment, for each 30 minutes downtime beyond the alloted percentage, with 50% maximum credit.

Uptime guarantee is limited to the basic Apache HTTP service, and network availability.

Clients or users may sometimes make multiple, failed login attempts, and trigger security protocols on a server, and end up getting their own IP address blocked by the servers firewall. Such security blocks are by design, and not considered downtime. If this happens to you please contact support to have the block lifted.

Special Projects
If LiveHost.net is hired to perform custom development work, the finished product, if payment is complete, becomes the property of the client, however LiveHost.net does reserve the right to add this code to it's own code bank to use on later projects as well. None of the clients original code will ever be used later by LiveHost.net or it's agents.

Termination
If a site violates these terms in any way, shape, or form, the site will be deleted from our network. If allowed back on, and a second violation occurs within a 90 day period the site will be blocked from our network.

Warnings
When you (or your clients) upload illegal content, or misuse LiveHost.net's systems in any way. you (or your clients) are knowingly violating the terms of service. You may receive a warning at our discretion. When you violate these terms you know what you are doing is against our policies. We reserve the right to bypass the warning and suspend the account in question.

Questionable Situations
If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy.

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, or allow your sub-accounts to do so, we may terminate this agreement forthwith upon written notice.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

Accounts may be cancelled by the user or LiveHost.net with or without prior notice.

Legal
LiveHost.net expects that its' subscribers, who provide Internet services to others, will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate LiveHost.net policy. Finally, LiveHost.net wishes to emphasize that in accepting the service agreement, subscribers indemnify LiveHost.net for any violation of the service agreement, law, or LiveHost.net policy, that results in loss to LiveHost.net or the bringing of any claim against LiveHost.net by any third-party. This means that if LiveHost.net is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against LiveHost.net, plus costs and reasonable attorneys' fees.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment
All payments must be in US Dollars. The preferred method is PayPal subscriptions. We will accept a check in some situations. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $30.00 plus late fees if applicable

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Your Billing is based on the date that you signed up with us. (ex. If you joined us on June 25th, Your PayPal account will be charge on the 25th of every month [assuming a monthly payment plan is being used, obviously a quarterly plan will only charge every 3 months.]) There are incidences when the payment date has been, or will be, modified.

If you cancel an automated payment subscription, without previously making arrangements with us for payment, or continued service, it is assumed that you are canceling service at that point.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.

Past due accounts, may incur late charges and/or billing charges not to exceed $5 USD, or 15% of the past due amount, whichever is greater for the first 30 days, or any portion thereof.

Suspension of services, for any reason, does not mean you no longer owe the outstanding balance.

A shared hosting account, suspended for non-payment, may be required to pay a reconnect fee, of no more than $15, to be reinstated. A deposit for future service may also be required. For dedicated servers, this reinstatement fee could be higher.

If an account goes over 30 days past due, the client forfits any protection under our privacy policy, and LiveHost.net reserves the right to seek alternate collection methods using your "private" information in any way we see fit.

If an account is suspended for non-payment, LiveHost.net reserves the right to hold a clients data and/or domains until the account is made current, including late fees. If an account is over 30 days past due, LiveHost.net may attempt to resell any properties, purchased by the client through LiveHost.net or it's companies, to cover losses.

All payments are final, except when covered by our 30-day money back guarantee, or our uptime guarantee.

2Checkout.com, Inc. is an authorized retailer of goods and services provided by LiveHost.net.

Affiliates
Our affiliate program pays 100% of 1 months "regular" payment to the referring affiliate, if the referred client is with LiveHost.net for at least 60 days.

"Regular" payment is defined as a single month hosting charge for the clients selected package, not including any add-on options. [1 month affiliate income for a Gold reseller account, is $9.99, and does not matter if the client orders any extras, or gets a discount by paying for additional months in advance.]

Affiliate income is accrued in any calendar month. If at the end of a calendar month, the affiliate's earned total is not at least $25, the balance will carry over to the following month.

Affiliate payments will be made via PayPal, on (or before) 20th of each month, for the prior month. In the case where the 20th falls on a weekend, or holiday, payments may be as late as the next working day.

Affiliates MUST NOT use spam or unsolicited email of any kind, to promote LiveHost.net.

LiveHost.net reserves the right to terminate this agreement, for any affiliate, that is not following net-etiquette in his/her promotional efforts.

LiveHost.net reserves the right to have an affiliate pull an ad, at our discretion, without giving cause.

LiveHost.net cannot be held responsible for any misrepresentations made by an affiliate.

Errors
LiveHost.net will not be held responsible for typographical errors or human mistakes of any kind in advertising, sales or any other department. We will act as quickly as possible to correct such an error.

Cancellation
Cancellations must be made, a minimum of, two working days prior to the end of the subscription term, or within the clients first 30 days of service.

Recommended method of service cancellation is:

Canceling your PayPal (or other payment) subscription

LiveHost.net has a 30-day money back guarantee. Money back guarantee does not cover accounts closed due to inappropriate use, or spamming. Past clients are not eligible for the 30 day guarantee on subsequent signups. SSL certificates, and domain registrations are also exempt from our money back guarantee. Please request a refund if you believe you are eligible. All Refund requests MUST be made within 30 days of initial signup, or are forfit.

SSL Certificates
There will be a five day delay in the installation of SSL certificates to be purchased by us, due to experiences with fraudulent purchases and charge backs. This can usually be waved for clients in good standing.

Bandwidth Overage
If you set your contact email address in cPanel, warnings will be issued by the server when an account reaches 80% of a months bandwidth limit. If you have added your email address to cPanel you will receive these. At this point you have three choices. 1) leave it alone. If a bandwidth limit is reached, the account will go into suspended status until the 1st of the following month or until other arrangements are made. 2) Upgrade your hosting package if you feel this might be a normal overage. or 3) prepay for an additional block of space for that month.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this agreement. Misuse of resources, including but not limited to employing applications which consume excessive CPU time. Chat/IRC, and web proxy scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.

We do reserve the right to edit the terms of service at any time with or without notice.

Some items in these terms of service may not apply in all cases. Special terms may be negotiated in a pre-sales agreement. Such pre-sales agreements may override specific terms listed here.

Do not agree to these terms of service if you cannot uphold these conditions or the spirit of these conditions.

Resellers of LiveHost.net services may duplicate these Terms of Service for use with their own clients, but should regularly check for updates.