 | | Acceptable Use Policy (AUP)Use of LiveRack Service constitutes acceptance and agreement to LiveRack's AUP as well as LiveRack's TOS (Terms of Service) LiveRack reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of LiveRack's Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. LiveRack may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your LiveRack account or other actions as detailed below without notice, based upon the nature of the violation. This document is intended to provide a basic understand of LiveRack's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of LiveRack's AUP. If a LiveRack account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service. The following constitute violations of this AUP:
- Illegal Activities: LiveRack's services may not be used for illegal purposes, or in support of illegal activities. LiveRack reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm or Endangerment to other people: You may not use LiveRack's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use LiveRack's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited E-mail, News Bombing (SPAM) Use of the LiveRack service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the LiveRack server. Failure to respond to complaints within a 24 hour timeframe will result in the LiveRack abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of LiveRack's Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the server should the site and/or client re-appear on the server. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending LiveRack account.
- Copyright or trademark infringement: Use of the LiveRack service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the LiveRack service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Network disruptions : Use of the LiveRack service for any activity which affects the ability of other people or systems to use LiveRack Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. LiveRack will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. LiveRack, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the LiveRack service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of LiveRack's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending LiveRack account is subject to immediate termination.
- Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Network Security: LiveRack accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. Terms of Service (TOS)Use of LiveRack's Service constitutes acceptance and agreement to LiveRack's AUP (Acceptable Use Policy) as well as LiveRack's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to LiveRack, the usage of "you", "your", "they", "them" shall refer to client / customer of LiveRack. Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by LiveRack, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. LiveRack will provide, and Customer will purchase and pay for, the Services, and 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 they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay LiveRack any additional fees as specified in the Service Description. Payment: Establishment of this service is contingent upon receipt of payment from Customer to LiveRack. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Payments and Fees: Payment is due on the defined monthly recurring billing date of each month. Accounts not paid by due date are subject to a $5 late fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a reconnect charge in an amount of the monthly fee. Accounts that are not collectable by LiveRack will be turned over to an outside agency for collection. Delinquent Accounts: LiveRack 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, or any collection fees. Account Cancellation: All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 6PM EST Monday - Friday Refunds and Disputes: All payments to LiveRack are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred.
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