Web Hosting Services Terms and Conditions
All Customers of Light Alive Marketing’s hosting services are subject to the terms and conditions contained in this User Agreement. The User Agreement is a legal contract between Light Alive Marketing and the User that contains the rights, duties and obligations of Light Alive Marketing and the User.
By using the website hosting services (hereinafter the “Services,” defined further below), you signify your agreement to the terms and conditions contained in this Website Hosting Agreement (hereinafter, the “Agreement”). Hosting services will be provided by Bluehost (hereinafter the “Service Provider”.) This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives) and Light Alive Marketing LLC (“we”, “us” and “our”).
- These terms and conditions may be modified. Modifications made to this Agreement will become effective 30 days after the modifications are posted. When modified, this Agreement shall be emailed to you. You agree that if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the subscription as described below in paragraph 2.
- Unless you terminate the Services in writing 30 days prior to the end of the then Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree that attempts to terminate the Services other than by email to us are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that we shall not be obligated to contact you to update such information in the event that the charges are denied. We will attempt to renew your domain and hosting account two weeks prior to the expiration date. You will receive an email notification if your payment method on file is declined.
- Your use of the Services may be suspended and/or this Agreement may be terminated if we determine that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and us. In the event of termination or suspension of Services under such circumstances, you agree a) that no pre-paid fees will be refunded to you and b) that you may take control of any domain name associated with the terminated Services by transferring to a service of your choice. You understand that taking control of a domain name includes, without limitation, acts such as listing yourself as the “registrant” and/or “administrative contact” for the domain name and controlling the DNS settings for the domain name.
- We may elect to terminate this Agreement without cause and discontinue the Services upon 30 days notice, whereupon any pre-paid fees for an unused portion of a service term shall be refunded to you within a reasonable period of time.
- You acknowledge that email and/or online communication systems (account notices, etc.) will be the primary means of communication between yourself and us. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You agree that your failure to respond to a communication from us may result in suspension or cancellation of Services without any refund of pre-paid fees, if any.
- You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access the Services.
- Limitation of liability: you agree that we will not be liable for any (a) suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; (b) interruption of business; (c) access delays or access interruptions to the web site(s) provided through or by the services; (d) loss or liability resulting from acts of god; (e) data non-delivery, mis-delivery, corruption, destruction or other modification; (f) events beyond our control; (g) the processing of your application for the services; or (h) loss or liability resulting from the unauthorized use or misuse of your account identifier or password. You further agree that we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not we have been advised of the possibility of such damages.
- Indemnification: you agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation, infringement by you or someone else using your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When we may be involved in a suit involving a third party and which is related to the services under this agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Your failure to provide such assurances may be considered a breach of this agreement by you.
- Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- We shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event will the Light Alive Marketing parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any subscriber content, subscriber website or other materials accessed or downloaded through the services, even if Bluehost is aware or has been advised of the possibility of such damages.
- Disclaimer of warranties: we do not make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability. The services provided under this agreement are provided on an “as is” and “as available basis.” Bluehost and its affiliates, employees, agents, suppliers and licensors (collectively, the “Bluehost parties”) disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. The Bluehost parties make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. The Bluehost parties are not liable, and expressly disclaim any liability, for the content of any data transferred either to or from subscribers or stored by subscribers on or through the services. no advice or information given by Bluehost or Bluehost’s representatives including, without limitation, support representatives, shall create a warranty. Bluehost does not guarantee that subscribers will be able to use the services at times or locations of their choosing. Bluehost does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or Bluehost in particular. the terms of this section shall survive any termination of this agreement.
- Governing law: this agreement, your rights and obligations and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the state of Oklahoma, as if the agreement was a contract wholly entered into and wholly performed within the state of Oklahoma. You consent to the personal and subject matter jurisdiction of the court in Cleveland County, Oklahoma in relation to any dispute arising under this agreement. You agree that service of process on you by us in relation to any dispute arising under this agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
- Affiliate services: Light Alive Marketing is a Third Party seller of domain and hosting services offered through Bluehost.com. We offer management of these services as a courtesy to you. By purchasing these services, you also agree to all the terms and conditions of Bluehost found at Bluehost.com/terms/user-agreement.