AGREE TO PERFORM AND PAY
LiveStreamingCDN agrees to perform services defined in the Attached Proposal, and CUSTOMER agrees to pay the fees for the services in the sums described in the Attached Proposal for the TERM of the Agreement.
TERM OF AGREEMENT
The TERM of this Agreement shall be effective for the TERM of the subscription length chosen by CUSTOMER at time of sale unless terminated earlier as provided herein. This Agreement shall automatically renew itself for additional terms equal to the length of the original TERM, unless either party gives the other written notice of its desire not to renew at least: forty-eight (48) hours prior to the expiration of the initial or any subsequent terms for a one (1) month TERM; thirty (30) days prior to the expiration of the initial or any subsequent terms for a one (1) year contract; 60 days prior to the expiration of the initial or any subsequent terms for a two (2) year contract; and ninety (90) days prior to the expiration of the initial or any subsequent terms for a three (3) year contract. CUSTOMER is responsible for full and total payment of TERM regardless of early termination of services. If notice of cancellation is not received before the deadlines stated above, CUSTOMER is responsible for payment in full for the subsequent term.
The Terms and Conditions contained in this Agreement supersede all prior oral or written understandings between the parties and constitute the entire agreement between them concerning the subject matter of this Agreement and shall not be contradicted, explained or supplemented by any course of dealing between LiveStreamingCDN or any of its affiliates and CUSTOMER or any of its affiliates. There are no understandings or representations, express or implied, not expressly set forth in this Agreement. This Agreement shall not be modified or amended except in writing signed by the parties.
All materials delivered to LiveStreamingCDN by CUSTOMER ("CUSTOMER's Material") shall remain the property of CUSTOMER, and LiveStreamingCDN shall not have the right to use the CUSTOMER's Material except in performing the Development Services for CUSTOMER. The CUSTOMER warrants that all information and any other material provided to LiveStreamingCDN is owned by the CUSTOMER. All Work Product except for the CUSTOMER's Material shall be the sole property of LiveStreamingCDN, and LiveStreamingCDN reserves all rights in the Work Product, subject to the above license. CORE MODULES
LiveStreamingCDN uses core modules of software code to build Programming Code and does not grant CUSTOMER resale or licensing rights to the Programming Code. All Work Product is subject to intellectual property rights reserved by LiveStreamingCDN and/or others as designated by LiveStreamingCDN, and may not be further licensed or transferred to others by CUSTOMER.
LiveStreamingCDN's price is subject to a variance of fifteen percent (15%) due to the interactive nature of creative, technical, and other development work for fixed-price, fixed-hour quote, or other estimated pricing. Costs for equipment may change due to market conditions and LiveStreamingCDN agrees to promptly provide CUSTOMER notice of any such price changes. Unless noted otherwise, fixed-price estimates are subject to change by LiveStreamingCDN if the requirements of the services to be performed change during the project based upon LiveStreamingCDN's understanding.
CUSTOMER is responsible for full payment of TERM regardless of early termination or the extent to which services are used. If LiveStreamingCDN is in material breach of this Agreement, CUSTOMER may cancel this Agreement at the time of breach by giving written notice to cancel services to LiveStreamingCDN. At that time LiveStreamingCDN, at its sole discretion, based on the value of work delivered and provisions of costs already undertaken made in expectation of services delivery, will determine the cancellation fee to be paid by CUSTOMER. CUSTOMER agrees to pay upon receipt of invoice from LiveStreamingCDN such fees. After all invoices are paid, LiveStreamingCDN will transfer any remaining Work Product to CUSTOMER within fifteen (15) business days. LiveStreamingCDN may cancel this Agreement anytime during the TERM of the Agreement by giving written notice to cancel services to CUSTOMER. LiveStreamingCDN reserves the right to cancel this Agreement with any customer at any time for any reason. LiveStreamingCDN at its sole discretion will remit an appropriate amount, if any, of pre-paid fees.
DOMAIN NAME FEES
Domain name registration, maintenance, or any other fees associated with or imposed upon LiveStreamingCDN for Internet domain name registration are not included by the Attached Proposal as they are incurred directly from the Domain Registrar. CUSTOMER agrees to pay Domain Registration Fees promptly upon receipt of invoice for such sums.
CUSTOMER specifically agrees not to make any attempt to gain unauthorized access to any other systems or networks. CUSTOMER is responsible for the security of his Work Product. LiveStreamingCDN is not responsible for any unauthorized access to the Work Product including but not limited to hacker attacks, vandalism, corruption of information, theft of information, or any other manipulation or any resultant damages, real or immaterial, incurred thereof.
DATA INTEGRITY AND ACCURACY
CUSTOMER understands that the information available through LiveStreamingCDN or interconnecting networks may not be accurate. CUSTOMER understands that inter-networking systems and data are not secure and may be subject to interception or loss. LiveStreamingCDN MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY CONCERNING THE SECURITY OR INTEGRITY OF DATA OR INFORMATION AVAILABLE THROUGH THE LiveStreamingCDN NETWORK.
IP ADDRESS USE
Upon expiration, cancellation, or termination of the Agreement, CUSTOMER shall relinquish any IP addresses or address blocks assigned to CUSTOMER by LiveStreamingCDN.
COMPLIANCE WITH THE LAW
CUSTOMER agrees to comply with all international, federal, state and local laws ("governing law"). In addition, CUSTOMER agrees to comply with governing law as it relates to content and the practice of content distribution thereof. LiveStreamingCDN reserves the right to remove objectionable content on CUSTOMER's Work Product or any account on LiveStreamingCDN's servers, routers and any other equipment at LiveStreamingCDN's sole discretion. CUSTOMER shall not use or permit CUSTOMER end users to use provided services in ways that violate laws, infringe the rights of others or interfere with users of LiveStreamingCDN's network or other networks. For example, CUSTOMER shall not propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; distribute child pornography, obscenity or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. CUSTOMER further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the services provided.
REPRESENTATIONS AND WARRANTIES
LiveStreamingCDN warrants that it is authorized to enter into this Agreement and grant the rights as set forth herein. CUSTOMER represents that it has the authority to enter into this Agreement and is not by law or agreement with others prohibited from entering into this Agreement. OTHERWISE, CUSTOMER AND LiveStreamingCDN DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AGAINST INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER and LiveStreamingCDN acknowledge that the other party may disclose to it ("Recipient") certain Proprietary Material in the performance of this Agreement. Recipient agrees: (i) to hold the Proprietary Material in strict confidence, (ii) not to use the Proprietary Material other than for the performance of this Agreement, and (iii) to disclose the Proprietary Material only to full-time employees of Recipient requiring such material for performance of the Services in accordance with this Agreement and who have undertaken an obligation of confidentiality and limitation of use consistent with this Agreement. "Trade Secrets" means information of Recipient that is a trade secret under applicable law. "Confidential Information" means confidential or proprietary information of value to CUSTOMER or LiveStreamingCDN other than Trade Secrets. "Proprietary Material" means Trade Secrets and Confidential Information. This obligation will continue during the TERM and for three (3) years thereafter for Confidential Information and for Trade Secrets as long as they are Trade Secrets under applicable law.
LiveStreamingCDN grants CUSTOMER permission to utilize, and CUSTOMER agrees to maintain and display, certain LiveStreamingCDN-designated trademarks and symbols in CUSTOMER's Work Product in the form placed by LiveStreamingCDN pursuant to the Services. CUSTOMER grants permission to allow LiveStreamingCDN to include it in customer lists and other marketing purposes.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LiveStreamingCDN OR CUSTOMER (NOR THEIR SUPPLIERS OR CUSTOMERS) BE LIABLE TO THE OTHER PARTY OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM OR THE USE OF ANY SERVICE EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LiveStreamingCDN's ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT, PROVEN DAMAGES IN AN AMOUNT NOT TO EXCEED THE SUMS PAID BY CUSTOMER TO LiveStreamingCDN HEREUNDER, IN AGGREGATE FOR ALL SUCH CLAIMS.
LiveStreamingCDN shall bill and CUSTOMER shall pay for the Services from CUSTOMER in accordance with LiveStreamingCDN's standard practices. The full amount due to LiveStreamingCDN shall be payable upon receipt of the LiveStreamingCDN invoice. LiveStreamingCDN reserves the right to review, modify, approve, and/or reject for any reason any or all CUSTOMER's proposals, contracts and orders for Services. CUSTOMER agrees to pay LiveStreamingCDN the fees for the Services provided to CUSTOMER during the TERM. CUSTOMER shall pay to LiveStreamingCDN any reasonable out-of-pocket expenses it incurs in connection with its performance of this Agreement. CUSTOMER agrees to pay interest on all past due sums at the rate of the lesser of one percent (1%) and one-half percent (1.5%) per month (12% and 18% per annum, respectively) or the maximum legal rate. All sums described herein and due to LiveStreamingCDN hereunder shall be paid in U.S. dollars. Taxes, surcharges, and/or shipping, and other applicable governmental charges are additional costs that will be charged to CUSTOMER in addition to charges stated in the Attached Proposal. CUSTOMER is responsible for payment of all usage based surcharges that are applied to its account.
SEVERABILITY AND SAVINGS
If any paragraph, or clause thereof, of these Terms and Conditions shall be held to be invalid or unenforceable in any jurisdiction in which these terms and conditions apply, then the meaning of such paragraph or clause shall be construed so as to render it enforceable to the extent feasible; and if no feasible interpretation would save such paragraph or clause, it shall be severed from these terms and conditions and the remainder shall remain in full force and effect, unless leaving the remainder in full force and effect would make the Agreement unjust.
A waiver of a breach or default under this Agreement shall not be a waiver of any subsequent default. Failure of either party to enforce compliance with any TERM or Condition of this Agreement shall not constitute a waiver of such term or condition.
Any request or other communication shall be deemed sufficiently given to the addressee and any delivery hereunder deemed made when sent by certified mail addressed to CUSTOMER at its office specified in this Agreement or to LiveStreamingCDN at the appropriate address specified in this Agreement. Each party to this Agreement may change an address by relaying it through written notice to the other party. All notices under this Agreement shall be in writing and shall be given in person, by certified or registered mail or by overnight courier, addressed to CUSTOMER at the address set forth in this Agreement or to such other address as either party may designate by notice pursuant hereto.
Except as otherwise provided within this Agreement, neither party may transfer or assign this Agreement without prior written consent of the other party. LiveStreamingCDN and CUSTOMER may only assign this Agreement to its parent, an affiliate, or any successor in interest or pursuant to a merger, sale, or reorganization. Neither party shall be held responsible for any delay or failure in performance to the extent that such delay or failure is caused by circumstances beyond its control, except for CUSTOMER's obligations to pay sums due hereunder.
The relationship between LiveStreamingCDN and CUSTOMER under this Agreement shall be and shall at all times remain one of independent contractors.
SURVIVABILITY OF AGREEMENT
Sections 15, 16, 21, 22, 23, 24, 27, 30, and 33 of these Standard Terms and Conditions shall survive the termination, cancellation, or expiration of this Agreement.
No course of dealing, course of performance, or failure of either party strictly to enforce any term, right, or condition of this Agreement shall be construed as a waiver of any term, right, or condition.
Georgia State Law, excluding its choice of law provisions, shall govern the construction, interpretation and performance of this Agreement.
All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement or any clause.
LIMITATION DUE TO INTERNATIONAL SECURITY
LiveStreamingCDN can only provide security services and encryption as allowed by the Federal government of the United States to foreign countries. Any limitation incurred by any governing bodies of the United States, treaties made on her behalf, or other regulatory agencies domestic or international shall not be construed as failure to perform.
CUSTOMER and LiveStreamingCDN warrant that neither CUSTOMER will hire current or future employees from each other during and for twelve (12) months after the TERM of this Agreement unless both parties agree in writing.
Unless travel related expenses are agreed to be included, they are separate and paid for by CUSTOMER at business-quality rates and facilities, plus meals and incidentals per person ordinary to the location of travel. Air travel is at business or coach class, on non-stop flights wherever possible.
If CUSTOMER purchases optional functionality that involves the acquisition of third-party software through LiveStreamingCDN, CUSTOMER agrees to sign any required third-party license agreements prior to delivery of the third-party software. If LiveStreamingCDN installs third-party software for CUSTOMER and acceptance of license terms is effected electronically, CUSTOMER authorizes LiveStreamingCDN to accept third-party license terms on CUSTOMER's behalf. In the event LiveStreamingCDN makes any software available to CUSTOMER in connection with LiveStreamingCDN services, CUSTOMER acknowledges and agrees that title to such software remains with LiveStreamingCDN and LiveStreamingCDN's third-party providers, if any, that the content and design of such software are valuable trade secrets and that CUSTOMER may use such software only for purposes of LiveStreamingCDN services. CUSTOMER agrees not to:
(a) copy or duplicate such software;
(b) reverse engineer, decompile or disassemble such software;
(c) make derivative works from such software; or
(d) modify such software.
In connection with the this Agreement, if any lawsuit, claim, or proceeding is filed or if any fine or penalty is assessed against LiveStreamingCDN that allegedly arises out of CUSTOMER's act or omission, CUSTOMER shall indemnify and hold harmless LiveStreamingCDN against liability for damages, reasonable expenses, and legal fees incurred in the investigation and defense of any action, except to the extent or degree that LiveStreamingCDN was liable as a result of:
- Having caused or contributed to CUSTOMER's act or omission, or
- Having assumed any liability, incurred any expense, or made any payment in compromise or settlement of the action, without CUSTOMER's prior written consent.
LiveStreamingCDN shall give CUSTOMER, within twenty (20) business days, immediate written notice of any action and shall fully cooperate with CUSTOMER. If LiveStreamingCDN fails to do so, CUSTOMER's obligation to indemnify LiveStreamingCDN shall not apply. CUSTOMER shall have the right regarding such an action to assume or associate itself in the defense of the action.
You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming.
Additional Terms and Conditions
IMPORTANT NOTICE: *All Payments To LiveStreamingCDN, Inc. Are Non-Refundable*
LiveStreamingCDN, Inc. ("The Company") agrees to furnish services to the Customer ("Subscriber"), subject to the following TOS (Terms of Service).
Use of LiveStreamingCDN? Services constitutes acceptance and agreement to LiveStreamingCDN' AUP (Acceptable Use Policy) as well as LiveStreamingCDN' TOS (Terms of Service).
All provisions of this contract are subject to the Company's TOS (Terms of Service) of LiveStreamingCDN.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Georgia, applicable to contracts enforceable in that state. Venue will be Fulton County, Georgia.
1. Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition LiveStreamingCDN shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due in advance on the anniversary date of the month for that month's service.
4. Payments and Fees:
Credit cards or Checks that are declined for any reason are subject to a $35.00 declination fee. Service may be interrupted on accounts that reach 10 days past due. Service interruption for nonpayment is subject to a $500 reconnect charge. Accounts not paid by due date are subject to a 25% late fee with a minimum of $15.00. Accounts that are not collectable by LiveStreamingCDN may be turned over to an outside collection agency for collection. If account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $150 but not more than $250. If you desire to cancel your account, please follow cancellation procedures as outlined in this TOS.
5. Refund and Disputes:
All payments to LiveStreamingCDN are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in LiveStreamingCDN' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay LiveStreamingCDN an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, penalties, and fees.
7. Account Cancellation:
Notices of cancellation must be received in writing no less than 30 days prior to cancellation date and are subject to the terms of the Contract/Agreement. Send written notices to:
LiveStreamingCDN preferred method of cancellation is via the members ticketing section of your account.
1002 Hemphill Ave
Atlanta, GA, 30303
Please log into the members section at http://www.LiveStreamingCDN.com/myaccount.php and request to have your server cancelled by submitting a help desk ticket with sufficient details to the customer service department requesting cancellation. You must have all account information to cancel.
8.Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for 30 days of services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our name servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. Once entered into our name servers, domain propagation usually takes 2 to 5 business days.
10. Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to LiveStreamingCDN.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries:
LiveStreamingCDN provides 24 x 7 technical support to our subscribers (except for some holidays and extenuating circumstances.) We limit our technical support to our area of expertise, via our support system only. Support via telephone is not available at this time. The following is our guidelines when providing support: LiveStreamingCDN provides support related to the physical functioning of your server or virtual site. LiveStreamingCDN does not offer tech support for application specific issues such as cgi programming, html, or any other such issue. Actual support definitions are based on the level of support service defined in the Subscriber's specific management plan. Customers of LiveStreamingCDN must read the Service Level Agreement (SLA) associated with their management plan to determine the support details. We encourage you to visit our forums, frequently asked questions (FAQ) section, or use our trouble ticket system to resolve issues. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before utilizing tech support. Support charges may apply.
12. SPAM and Unsolicited Commercial Email (UCE):
LiveStreamingCDN takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of LiveStreamingCDN may not use or permit others to use our network to transact in UCE. Customers of LiveStreamingCDN may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of LiveStreamingCDN' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, LiveStreamingCDN will initiate an immediate investigation (within 48 hours of notification). During the investigation, LiveStreamingCDN may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, LiveStreamingCDN may, at its sole discretion, restrict, suspend or terminate customer's account. Further, LiveStreamingCDN reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. LiveStreamingCDN will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 per each culprit IP, and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $195 per hour that LiveStreamingCDN personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership: If LiveStreamingCDN assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to LiveStreamingCDN, and Customer shall have no right to use that Internet Protocol address except as permitted by LiveStreamingCDN in its sole discretion in connection with the Services, during the term of this Agreement. LiveStreamingCDN shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by LiveStreamingCDN and LiveStreamingCDN reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). LiveStreamingCDN will monitor Customer's bandwidth and disk usage. LiveStreamingCDN shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in LiveStreamingCDN' sole and absolute discretion. If LiveStreamingCDN takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, LiveStreamingCDN may, at its sole discretion, collect a deposit, in an amount determined by LiveStreamingCDN, against customer's credit card on file with LiveStreamingCDN.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the LiveStreamingCDN Network. Violations of system or network security may result in civil or criminal liability. LiveStreamingCDN will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
LiveStreamingCDN is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred. Nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation:
Any User, which LiveStreamingCDN determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at LiveStreamingCDN' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation:
Users that LiveStreamingCDN determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
LiveStreamingCDN reserves the right to suspend network access to any customer if in the judgment of the LiveStreamingCDN network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which LiveStreamingCDN chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
LiveStreamingCDN reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of LiveStreamingCDN must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
LiveStreamingCDN wishes to emphasize that in agreeing to the LiveStreamingCDN Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies LiveStreamingCDN for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to LiveStreamingCDN or the bringing of any claim against LiveStreamingCDN by any third-party. This means that if LiveStreamingCDN is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against LiveStreamingCDN, plus all costs and attorney's fees.
18. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
LiveStreamingCDN takes no responsibility for any material input by others and not posted to the LiveStreamingCDN Network by LiveStreamingCDN. LiveStreamingCDN is not responsible for the content of any other websites linked to the LiveStreamingCDN Network; links are provided as Internet navigation tools only. LiveStreamingCDN disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
LiveStreamingCDN is not responsible for any damages your business may suffer. LiveStreamingCDN does not make implied or written warranties for any of our services. LiveStreamingCDN denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LiveStreamingCDN.
It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content:
You, as LiveStreamingCDN' customer, are solely responsible for the content stored in and served by your LiveStreamingCDN account.
20. Windows Servers:
Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
LiveStreamingCDN may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships LiveStreamingCDN has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by LiveStreamingCDN and not by the Third Party Vendor. Neither LiveStreamingCDN nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from LiveStreamingCDN or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither LiveStreamingCDN nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and LiveStreamingCDN with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
21. Denial of Service:
We reserve the right to refuse service to anyone at any time for any reason. Please note: LiveStreamingCDN actively monitors streaming bandwidth usage and reserves the right to discontinue any account deemed to be abusing the unlimited packages. Abuse believed to be made in bad faith and/or intentionally will result in immediate termination. If excessive usage by CUSTOMER is accidental in nature or infrequent, LiveStreamingCDN may, in some instances, choose to contact CUSTOMER directly to resolve any issues without account termination.
22. Support Policy:
LiveStreamingCDN supports and monitors all hardware and networking infrastructure under its direct control to ensure stability and quality of streams delivered. LiveStreamingCDN may at times provide consultation or support related to third-party software, hardware, or other issues to CUSTOMER, but cannot guarantee that problems will be remedied in these instances. Furthermore, support requests for any services not guaranteed in CUSTOMER's contract will incur support charges of $195 per hour.