Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. OUR SERVICE AREA IS THE UNITED STATES.
Welcome to this website (this “Site”), which is owned and operated by AliveWebs, a/an individual (“AliveWebs”). These Terms of Service (these “Terms of Service”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.
Whether you are simply browsing this Site or are a AliveWebs customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Service , along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to AliveWebs. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Service by using this Site or the Services found at this Site. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with AliveWebs, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. AliveWebs is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should submit a support ticket via the Client Portal. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
All services provided by AliveWebs may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the State of North Carolina and the United States of America apply. The customer agrees to indemnify and hold harmless AliveWebs from any claims resulting from the use of our services.
2. Eligibility, Authority
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
3. ACCOUNTS - TRANSFER OF DATA ABROAD
Accounts: In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to AliveWebs that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If AliveWebs has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AliveWebs reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper security question answers. For security purposes, AliveWebs recommends that you change your password and security questions at least once every six (6) months for each Account you have with AliveWebs. You must notify AliveWebs immediately of any breach of security or unauthorized use of your Account. AliveWebs will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AliveWebs or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of data abroad: If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. General Rules of Conduct
You acknowledge and agree that:
AliveWebs reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. YOUR USE OF ALIVEWEBS CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of AliveWebs Content and User Content posted to AliveWebs’s websites (i.e., those sites which AliveWebs directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
User Content: Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AliveWebs that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security: You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any AliveWebs Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AliveWebs Content or the User Content therein.
6. ALIVEWEBS'S USE OF USER CONTENT
The provisions in this Section 6 apply specifically to AliveWebs’s use of User Content posted to AliveWebs’s websites (i.e., those sites which AliveWebs directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally: You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
AliveWebs shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website hosted by AliveWebs or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
7. MONITORING OF CONTENT, ACCOUNT TERMINATION POLICY
AliveWebs generally does not pre-screen User Content (whether posted to a website hosted by AliveWebs or posted to this Site). However, AliveWebs reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Service. AliveWebs may remove any item of User Content (whether posted to a website hosted by AliveWebs or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Service, or for otherwise violating these Terms of Service (as determined by AliveWebs in its sole and absolute discretion), at any time and without prior notice. AliveWebs may also terminate a User’s access to this Site or the Services found at this Site if AliveWebs has reason to believe the User is a repeat offender. If AliveWebs terminates your access to this Site or the Services found at this Site, AliveWebs may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
8. ADDITIONAL RESERVATION OF RIGHTS
AliveWebs expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AliveWebs in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AliveWebs in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of AliveWebs, its owners, employees and agents, as well as AliveWebs’s affiliates.
AliveWebs expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
9. NO SPAM, LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by AliveWebs’s Anti-Spam Policy referenced above. You agree AliveWebs may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay AliveWebs liquidated damages in the amount of $5.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
10. TRADEMARK AND/OR COPYRIGHT CLAIMS
AliveWebs supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to AliveWebs’s Trademark and/or Copyright Infringement Policy referenced above.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AliveWebs. AliveWebs assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AliveWebs does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release AliveWebs from any and all liability arising from your use of any third-party website. Accordingly, AliveWebs encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. AliveWebs, ITS OWNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AliveWebs, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND AliveWebs ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AliveWebs, ITS OWNERS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL AliveWebs, ITS Owners, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AliveWebs IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (3) MONTHS after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AliveWebs’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
AliveWebs shall not be responsible for any damages your business may suffer. AliveWebs makes no warranties of any kind, expressed or implied for services we provide. AliveWebs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by AliveWebs and its employees.
15. SUCCESSORS AND ASSIGNS