Terms of Service of LivakaHost

 

This Web Hosting Agreement is between LivakaHost and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

LivakaHost agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Payments

Renewal notices are emailed three days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee will be added. LivakaHost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie LivakaHost to request for termination of services. Although we are based in the Bangladesh our websites currency is BDT & USD. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle LivakaHost can not refund any payments made before.

There are no refunds on dedicated and VPS servers. All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of LivakaHost is strictly prohibited.

LivakaHost will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to LivakaHost, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – LivakaHost has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by LivakaHost to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

LivakaHost will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your LivakaHost client account.

Bandwidth Abuse

The intention of LivakaHost is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.

Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. LivakaHost will be the sole arbiter as to what constitutes a violation of this provision.

Customer Information

Customer represents and warrants to LivakaHost that the information he, she or it has provided and will provide to LivakaHost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to LivakaHost that he or she is at least 18 years of age. LivakaHost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. LivakaHost takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through LivakaHost (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% UPTIME GUARANTEE

(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with LivakaHost at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – LivakaHost endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from LivakaHost to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via LivakaHost’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the LivakaHost NOC.

LivakaHost’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the LivakaHost network.

(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, LivakaHost will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee

– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee

– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)

Credit shall not be provided to YOU in the event that you have any outage resulting from:

– scheduled maintenance as posted from time to time at LivakaHost,

– your behavior or the performance or failure of your equipment, facilities or applications,

– circumstances beyond LivakaHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,

– YOU breaking any agreement policy in LivakaHost’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.

TECHNICAL SUPPORT BOUNDARIES

LivakaHost provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is LivakaHost obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.

Indemnification

Customer agrees to indemnify and hold harmless LivakaHost, LivakaHost’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

LivakaHost does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law LivakaHost disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.

 

Cancellations and Refunds:

LivakaHost reserve the right to cancel, suspend and restrict access to the account at any time with or without notice. If you are unhappy with the services you receive from LivakaHost during the first 30 days of service received (Only Hosting), you may request a full refund. You must describe a detailed reason as to why you are canceling. If we are unable to solve the problem within a short time, we will full refund you. If clients violate the terms and conditions and suspended in that case refund will not be offered even if asked for cancellation and then agreed to continue using services can’t ask a second time for refund.

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