Terms and Conditions of Service

This contract is a legal agreement between you and LiveZone Interactive Services, and governs all uses of LiveZone services, equipment, and premises.

You must understand and agree to the terms and conditions of this contract before we can provide any products or services to you.


Your use of any LiveZone services, equipment, or premises implies that you've read and agree to all of the terms and conditions.


LIVEZONE SERVICE CONTRACT

THIS AGREEMENT is made between LiveZone Interactive Services, a California Partnership ("LiveZone") and the undersigned ("you").
  1. SERVICES. LiveZone agrees to provide you with Internet-related services, including Web site hosting, email, FTP, and consulting services, subject to the terms and conditions of this agreement.

  2. LAWFUL USE. You agree to use LiveZone services only for lawful and legal purposes. You agree not to store, transmit, publish, or alter information or data in violation of the civil, criminal, or common laws of any of the applicable jurisdictions. Laws of the United States of America and its state of California may apply to your use of LiveZone services, as may laws of the jurisdictions in which you reside or operate.

  3. INDEMNITY. You acknowledge that LiveZone does not regulate or take any responsibility for the content or security of any information you store or publish using LiveZone's facilities. You agree to indemnify and hold harmless LiveZone and its other clients from any and all claims, costs, and damages resulting from your breach of the laws of any applicable jurisdiction because of, or through, your use of LiveZone services or facilities.

  4. PAYMENT. Server maintenance charges for Web site, FTP, email, DNS, disk storage, and network transmission are payment for your right to use LiveZone facilities. These charges are billed in integral units of months, and are due in advance. Your actual use of LiveZone Facilities to a lesser extent than contracted does not mitigate the amounts due. Fees for administrative and consulting services are due upon completion of performance by LiveZone; such fees are billed on a monthly cycle. Invoices not paid within 30 days of the invoice date are considered delinquent, and are in violation of this agreement. You agree to keep LiveZone informed of your current postal and email addresses.

  5. TERMINATION. Either you or LiveZone may terminate this contract for any reason or no reason by giving the other party 30 days notice; in such event, this contract shall terminate on the day on which your monthly service charges would otherwise next have been due. Upon termination of this contract, any service charges due by you to LiveZone shall be immediately due and payable. Upon termination of this contract, LiveZone shall reimburse your prepaid service charges, pro-rated, to the extend they have been unearned by LiveZone.

  6. NO WARRANTIES. LiveZone makes no warranty or representation of any kind, whether express or implied, for the services to be provided hereunder. You agree that LiveZone shall not be liable for any losses or damages of any kind, including, but not limited to, those that may result from any error, omission, negligence, or the interruption, delay in delivery, non-delivery, or mis-delivery of services or data. LiveZone makes no warranty as to its ability to recover your data files or information that might become damaged or lost, regardless of the nature of the damage or loss; YOU AGREE TO MAINTAIN SUITABLE BACKUP COPIES OF ALL DATA FILES AND INFORMATION THAT YOU STORE IN, ON, OR UPON, LIVEZONE FACILITIES.

  7. DEFAULT. In the event that LiveZone is unable to provide the services for which you have contracted for a period of 48 consecutive hours, you may terminate this contract by giving LiveZone written notice. In the event that LiveZone at any time reasonably believes that you are in breach of this contract, LiveZone shall have the right, in its sole discretion, to immediately terminate this contract without liability. Should LiveZone become aware of any breach of this contract and at such time not immediately exercise its rights under this contract, such rights remain vested with LiveZone until such time and in such manner as LiveZone may determine, without prejudice. In the event that LiveZone finds it necessary to retain legal or other counsel due to your breach of this contract, you agree to pay any and all of such reasonable fees paid to counsel and other related costs as may be incurred by LiveZone.

  8. JURISDICTION. This contract shall be governed by the laws of the State of California, except for its choice of law principles. Actions and proceedings arising from or in connection with this contract shall be resolved in the state or federal courts of Santa Clara county, California. If any part of this contract should be disallowed or made void, the parties agree that the remainder of this contract shall continue to be in full force and effect.

  9. COMPLETE UNDERSTANDING. This contract represents the entire and complete understanding between the parties as to the subject matter hereof, and supersedes all prior understandings, agreements, and representations to, by, or between the parties.

  10. ACCEPTANCE. Your use of LiveZone services constitutes full and complete acceptance by the parties of the terms and conditions of this contract.



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Last Updated January 2007
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