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When using the Service provided by liveadmin.net, defined below, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
liveadmin.net is a registered domain of Dayana Networks Ltd. and act as one of service provided by Dayana Networks Ltd. liveadmin.net reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current liveadmin.net client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
LiveAdmin provides live chat facilities for its clients via a web application. LiveAdmin general policy is to act as a provider of application service. LiveAdmin reserves the right to suspend or cancel a customer's access to any or all services provided by LiveAdmin when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a our services, servers, or customers of LiveAdmin is strictly prohibited.
Any unauthorized access/use of LiveAdmin resources strongly prohibited. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a LiveAdmin customer, whether or not the attacked account or computer belongs to LiveAdmin, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
LiveAdmin has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
2. Unacceptable Use of Service
2.1 Harm cause of Unlimited Traffic
LiveAdmin's customers are privileged to be offered chat - traffic for their web sites.
To provide better service and maintain the integrity of our chat application service the following limitations apply:
One LiveAdmin account must be opened per web site. Accounts that use the chat application on more than one site will require a written permission. If the traffic created is determined unreasonable by LiveAdmin the owner will be asked to either remove the chat application from the additional sites or open additional LiveAdmin accounts. Any account with traffic that generates an unreasonable high hit count will be monitored and may be charged additional fees. These fees will be at the sole discretion of LiveAdmin, but will not be without agreement from the customer. During Trial period any account usage extensively our system resources will be canceled without prior information. LiveAdmin provides unlimited traffic for all paid customers subject to resonable usage. If traffic of a client cause server to be overloaded LiveAdmin has the right to suspend or discontinue the account.
The limits can be changed at any point of time. The limits may be increased and reduced for individual account by LiveAdmin at its own discretion.
LiveAdmin will be the sole arbiter as to what constitutes a violation of this provision.
LiveAdmin can discountinue client account with/without specifing reasons.
2.2 Disk Overages
All LiveAdmin accounts data will be retained for one year i.e. Hits log, chat transcript etc. Older data more than one year will removed from database. LiveAdmin will not be responsible for any data loss for any reason i.e. data corruption due to crash, transit etc. All accounts will be allowed to store up to 100MB of chat scripts in log files, If an account reaches this limit older chat logs will be removed from database. You will always have the option to send transcripts by email or download them.
3. Payment Policies
All accounts are set up on a pre-pay basis. No setup fee will be applied, but you need to pay for one yeat up front. After 30 days trial no refund in any case would be possible. All pricing is guaranteed for the term of pre-payment. LiveAdmin reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies LiveAdmin at www.LiveAdmin.net to request for termination of services. All payment is in U.S. currency. LiveAdmin does not accept personal or business checks, money and wire transfers. All LiveAdmin accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will NOT automatically renew. If you want want to discontinue use of serivce, you may ignore renewal alerts, otherwise you may renew the account any time before expiry date. If you requested cancellation of LiveAdmin account or decided not to continue use LiveAdmin account after trial period then you must remove LiveAdmin codes from your web site pages. Since LiveAdmin codes in your web site pages cause traffic on LiveAdmin servers, LiveAdmin may bill you for traffic cause resource usage.
4. Refund Policies
No payment would be necessary at the signup time, After 30 days trial you will have option to purchase LiveAdmin service for one year or discontinue it. After purchase no refund in any case would be possible unless described in Cancellation section below.
5. Contact Information
If you have any issue regarding your order please contact : LiveAdmin Department, Dayana Networks Ltd., P.O.Box 1130 Stn Main, Coquitlam, V3J 6Z4, Canada. Contact Phone : 1-604-939-3453 Email : sales @ liveadmin.net.
LiveAdmin reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by LiveAdmin if LiveAdmin institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
7. Intellectual Property Rights
Material accessible to you through LiveAdmin's services may be subject to protection under the copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use LiveAdmin or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the LiveAdmin network.
8. Lawful Purpose
LiveAdmin reserves the right to refuse service to anyone. Customers may only use LiveAdmin service for lawful purpose. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of LiveAdmin management. IN NO EVENT SHALL LiveAdmin's TAKES NO ANY LIABILITY.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD LIVEADMIN HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST LIVEADMIN, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS LIVEADMIN AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH LIVEADMIN'S SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM LIVEADMIN'S SERVICES.
LIVEADMIN WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER OR ANY LOSS YOU INCUR FOR WHATEVER REASONS. LIVEADMIN MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. LIVEADMIN DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY LIVEADMIN AND ITS EMPLOYEES. LIVEADMIN RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Vancouver, British Columbia, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and dayanahost.com. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.
This Terms of Service and Acceptable Use Policy Agreement constitutes the entire Agreement between you and liveadmin.net with respect to the Service.
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