“Terms of Service Agreement Online Services”
The following terms and conditions apply to all accounts. Elive Ltd. will provide services to the account holder, hereinafter referred to as “Client”, in exchange for payment of fees and compliance with the terms and conditions of this document. Service payments will be submitted in accordance with the billing procedures outlined in this document and according to the rates published in the online documentation. Client certifies that client has read, is aware of, and understands the rates and fees for usage of Elive’s services as outlined in this documentation.
Agreement: Elive Ltd. agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:
1. Client will use the services in a manner consistent with any and all applicable laws.
2. Elive Ltd. reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments.
3. CONDITIONS: The application and this Agreement constitute a legal and binding contract between Elive Ltd. and the Client and do not extend to any other person or entity. Client is bound by the terms under this Agreement. Cancellations after the application is received and account is activated will still hold the Customer responsible for costs incurred by Elive Ltd. concerning the registration of domains.
4. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that Elive Ltd. makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that Elive Ltd. shall not be liable to the Client for any claims, damages or loss of profit which may be suffered by the Client or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
5. INFORMATION: The utilisation of any data or information received by the Client from the utilisation of the service to be provided by Elive Ltd. is at the Client’s sole and absolute risk. Elive Ltd. specifically disclaims and denies any responsibility for the completeness, accuracy, timeliness, or quality of information obtained through the services to be provided hereby.
6. Elive Ltd. operates its services subject to and in accordance with all applicable local, national and international laws. Client agrees to indemnify and hold harmless Elive Ltd. from any civil claims or criminal charges resulting from service that causes direct or indirect damage to another party or violates any law. Client also agrees to indemnify and hold Elive Ltd. harmless from any and all lawsuits, judgments, decrees, costs and expenses, and attorney fees arising from customer’s use of services provided.
7. Elive Ltd. reserves the right to refuse service to any individual or organisation for any reason not prohibited by law. Elive Ltd. also reserves the right to terminate existing service to any individual or organisation for any reason not prohibited by law.
8. Client hereby agrees that any material submitted for publication on Elive Ltd. through client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by Elive Ltd. Client hereby agrees to indemnify and hold harmless Elive Ltd. for any claim resulting from the submission of illegal materials.
9. Client hereby agrees that any material submitted for publication on Elive Ltd. through client’s account(s) will not contain anything leading to an abusive or unethical use of the product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless Elive Ltd. from any claim resulting from your publication of materials or your use of those materials. Elive Ltd. may or may not give notice before deactivating the use of an account(s) which Elive Ltd. decides is an abusive or unethical use of the account(s)
10. CHANGES IN TERMS OF AGREEMENT: Elive Ltd. reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line application to include service pricing, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
11. Elive Ltd. guarantees to deliver prepaid hosting and services at the agreed rate, given that payment from the client has been made in full.
12. USAGE: In the event that the Client’s use of the service exceeds the amount of specified data transfers, Elive Ltd. shall be entitled to invoice the Client, without notice, for any extra usage.
13. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
14. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of Elive Ltd. and may not be utilised or released without the express written permission of Elive Ltd.
15. Elive Ltd. will not be held responsible for any damages client suffers or inflicts upon another party. This includes loss resulting from service interruptions, delays, non-deliveries or mis-deliveries caused by Elive Ltd. negligence or client’s own actions and/or errors. Elive Ltd. makes no warranties of any kind, either expressed or implied, for the service it is providing.
16. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Elive Ltd. is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
17. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings or news group postings is strictly prohibited. Elive Ltd. reserves the right to deactivate the Client’s account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Elive Ltd. from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s account(s).
18. Elive Ltd. maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
19. First offense may result in immediate termination of account. If this occurs the unused portion of your account will not be refunded. Elive Ltd. reserves the right to cancel your service with NO refunds should the above occur.
20. Client acknowledges that Elive Ltd. has the right, but not the responsibility, to inspect any information stored on Elive Ltd.’s servers for the purpose of enforcing this agreement.
21. Client acknowledges that Elive Ltd. will comply with any and all court orders from any court with jurisdiction over Elive Ltd., regarding release of client information.
22. Termination notice, for any services subscribed to, must be submitted to Elive, either in writing or by email, with 30 days notice. All services, except Dedicated and CoLocated Servers do not auto renew unless specified by the Client. Elive will issue renewal notices 30 days before service is due to expire and require written notice returned to us, signed, to ensure continuity of service.
23. Use of Elive Ltd. services constitutes acceptance of these terms and conditions, and with that use, client agrees to all the terms and conditions of this Agreement.