Terms and Conditions
This agreement represents the complete agreement and understanding between ATLIVE Tech Lab and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. ATLIVE Tech Lab may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered with or without prior notification.
If you do not agree to these terms and conditions, please notify our Management Department ([email protected]) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. We reserve the right to refuse service to anyone.
1. ATLIVE Tech Lab makes no warranties of any kind, whether expressed or implied, for the service it is providing. ATLIVE Tech Lab also disclaims any warranty of merchantability or fitness for a particular purpose. ATLIVE Tech Lab will not be responsible for damages the customer suffers. This includes but is not limited to, loss of data resulting from hardware failure, hacks & malware attacks, delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber’s errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by ATLIVE Tech Lab may only be use for lawful purposes. Transmission or publication of any information, data or material in violation of any Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material, material that is with adult content only. ATLIVE Tech Lab reserves the right to remove any and all materials which infringe on copyright work. Such materials will be remove at any time upon receiving a complaint and or notice of copyright infringement. Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This is applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links are: Pornography, Child Pornography, Hackers applications/archives, Warez sites, proxy applications, IRC, rapid leach, torrents, torrents listings, spam applications.
3. Customer agrees to defend, hold harmless and expeditiously indemnify ATLIVE Tech Lab from any liability, claim, loss, damage or expense arising out of the indemnifying party’s loss of data due to any technical / non-technical incident or breach / violation of any covenant contained in this Policy and resulting from the Customer’s use of the service.
4. ATLIVE Tech Lab accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign accounts to any party not named in this Policy. All shared hosting accounts (Kick Starter, Startup, Delux, Personal, Business, Pro Super, Ultimate Super) can not be used for resell purposes.
5. ATLIVE Tech Lab reserves the right to cancel service for any reason without prior notice. In case of cancellation, if agreed by ATLIVE Tech Lab, unused fees may be returned to the subscriber on a pro-rata basis. Fees for domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, any license fees for products purchased through us, and IP are not refundable. If a customer re-registers after ATLIVE Tech Lab’s cancellation of the account without ATLIVE Tech Lab’s written consent, ATLIVE Tech Lab will cancel Customer’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
8. Refunds are subjected to agreement by ATLIVE Tech Lab.
9. Additionally, CUSTOMER agrees not to utilize the ATLIVE Tech Lab service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Violating this clause may result in service interruption or account cancellation.
10. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”) and services which send unsolicited advertisements.
11. ATLIVE Tech Lab requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. ATLIVE Tech Lab cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
12. Customer shall ensure that its use of ATLIVE Tech Lab’s network services shall not disrupt ATLIVE Tech Lab, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, ATLIVE Tech Lab reserves the right to place CPU process / Disk Space / Bandwidth limits on the Customer’s account or even discontinue the account without prior notice to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any ATLIVE Tech Lab user or to any directly or indirectly attached network. Use of ATLIVE Tech Lab’s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by ATLIVE Tech Lab shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of ATLIVE Tech Lab’s service, ATLIVE Tech Lab’s equipment or any site hosted on any ATLIVE Tech Lab network.
13. Customer warrants that any material submitted for publication on ATLIVE Tech Lab does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. ATLIVE Tech Lab reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. All communications to/from ATLIVE Tech Lab’s personnel via e-ticket, email, and live chat are confidential and property of ATLIVE Tech Lab, and therefore can not be disclosed or distributed without our written consent.
14. If ATLIVE Tech Lab becomes aware of material that could be infringing on a third party’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, ATLIVE Tech Lab, at its discretion, may at any time deny access to the challenged material of Customer.
15. Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
16. Use of ATLIVE Tech Lab’s hosting services could involve listing subscriber’s participation in relevant directories, and subscriber expressly grants permission for such listings.
17. Hosting disk space is intended for normal use only, and is limited to Website files and content of the hosted Websites only, not for storage of large quantities of emails, media or other data nor for the sole purpose of mass/unsolicited mailing with a maximum single file size limit of 50 MB. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. For MS SQL remote connections, the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications, violating this policy will result in account suspension.
18. Any party seeking to report any other potential violations of this Agreement may contact ATLIVE Tech Lab via email at [email protected]
19. Account Cancellation: You must notify ATLIVE Tech Lab formally by sending an Account Cancellation request Email at [email protected] enclosing proper credentials and account details sent from email id registered with us. NOTE: We will NOT process any other requests submitted outside of our Account Cancellation Email. If you do not notify us we will automatically renew your account for the next billing cycle – 1 month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal charge backs will result in automatic cancellation and deletion of the customer’s account from our servers. A Rs.500.00 re-activation fee will apply to all suspended accounts due to non-payments of due fees.
20. On occasion, ATLIVE Tech Lab may have a need to communicate with it’s customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
21. It is the responsibility of the customer to contact ATLIVE Tech Lab of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
22. ATLIVE Tech Lab is not responsible for partial/complete failure or versions of any Third Party Applications including the free application provided with the hosting account. It will be the responsibility of respective application authors/developers to provide support for them to work with the server technology.
23. Client’s use of profanity in language, or abuse towards any ATLIVE Tech Lab’s employee via chat, email, phone, our e-ticket system, or in any other form will result in a complete block from our support system, and subject the client to an account cancellation without a refund.
24. ATLIVE Tech Lab has zero tolerance for any Email Spam activities through its network and any accounts detected of such activity will be suspended with immediate effect. Also to fight against spam ATLIVE Tech Lab servers only allow SMTP authenticated outgoing emails with a maximum limit of 60 emails per hours.
25. Hosting Plan Upgrade/Downgrade fees. Customers can upgrade their hosting plans at any time by contacting ATLIVE Tech Lab support team via support ticket. There will be no charges applicable for plan upgrades and the reaming payment of the customer against the lower plan will be adjusted against the upgraded plan’s fee on prorate basis. As for plan downgrades, a one time fee of Rs.100.00/- will be applicable while downgrading to a lower plan or lower billing cycle for same plan.
26. Any individual/company who registers an account with ATLIVE Tech Lab will also get subscribed automatically to receive sales, support, billing and promotional emails/SMS on their registered email address/mobile number. To unsubscribe from our mailing/SMS lists please contact us at [email protected] with necessary account details.
27. ATLIVE Tech Lab or its Upstream providers reserve the right to Discontinue/Deprecate any Product/Service if deemed as “Non-Feasible” to operate any longer due to technical or commercial aspects of the product/service irrespective of the term/billing cycle for which the product/service is purchased. In such an event, alternate solutions will be offered to customers. The solutions offered may not be exact in specifications as the original product/service but will be compensatory with the remaining term on the product/service. Since alternate solutions are offered, no refunds will be applicable in such cases.
28. Any Uptime Guarantees offered by ATLIVE Tech Lab correspond and relate to “Network” at DataCenter which commits 99.9% connectivity with DataCenter. This Uptime Guarantee does not extend to downtimes resulting from Firewall IP Blocks, Scheduled Network/Hardware Maintenance, Server Hardware Failures/Replacements and OS/Software Level Issues within Server.
29. For products on which Free Trial is offered, the Due Date of the trial product will always be calculated from the date of Sign Up for Trial. If Free Trial product invoices are not paid till last date of Trial, the product will be automatically cancelled on next day without prior notice. Also Moneyback Guarantee is not applicable on products for which the customer has already taken Trial.
30. All payment Invoices will be sent via email in form of PDF attachments which will considered as Electronic Receipts and valid payment proof. In case client requires a signed and stamped Hard Copy of the Paid Invoice, we will send the same via Courier within India at an additional Postage Fee of Rs.100.
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