Terms of Service
By submitting the online order form and remaining a Customer of Levation, Customer hereby agrees to the following:
In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
- Customer agrees to pay for hosting services rendered in advance of each monthly service term.
- Customer agrees to future automatic payment if a credit card is used unless otherwise indicated to Levation.Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur service interruption.
- Levation reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service.
Money Back Guarantee and Refund
Levation offers an unconditional 30 day money back guarantee on shared and business hosting for any customer who paid their first invoice with a credit card or with PayPal. There are no refunds on management services, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shareda and business, accounts after the initial 30 days will be refunded on a prorated basis of any unused time after a valid cancellation is received and is confirmed as received by an employee of Levation via email. Customers are always responsible for cancelling their previous package(s) when upgrading or downgrading package(s) and must submit written cancellation requests via their billing portal in order for any packages to be cancelled. For customers who pay Levation via PayPal, it is the responsibility of those customers to cancel any subscription for recurring PayPal payments upon cancellation of their account. Levation (which has no control over PayPal subscription payments) is not responsible for payments made from the customer's PayPal account after cancellation and is under no obligation to refund such payments made after cancellation. Only first-time accounts are eligible for a full refund and the money back guarantee cannot be used by the same customer multiple times or for multiple accounts. Violations of any other part of the Terms of Service will waive the refund and money back guarantee policy.
Chargebacks and Disputed Payments
If we receive a chargeback or payment dispute from a credit card company or bank, your service may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored. Instead of issuing a chargeback, please contact our billing team to address any billing issues.
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in Levation sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) "harvested" addresses or information, (c) "phishing" web sites, (d) "link farms", or (e) "spamvertising" sites.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Levation investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account, including "cracking."
- Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers ("spoofing") or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- Running an openly accessible proxy of any kind.
- Failing to comply with the Levation procedure relating to the activities of Customers on the Levation premises. Violators of the policy are responsible, without limitations, for the cost of labour to correct all damage done to the operation of the network and business operations supported by the network. Such labour is categorized as emergency security breach recovery and is currently charged at $100.00 AUD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Mass Mailings. Levation has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Levation Software whether or not the message actually originated from our network.
Mailing Lists: Levation' mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Levation mail servers or Levation Software IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $40 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
- A warning via email or phone.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- $100 fee assessed to your account for violation.
Expired Domain Deletion Policy
Immediately after the expiration of the term of a domain name registration service and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we may determine at our discretion. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
Levation hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Levation will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our data centres.
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Levation reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. Levation Software will be the sole arbiter of what is considered to be an excessive amount of server resources. Levation reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by Levation.
Suspension and Cancellation
Levation reserves the right to suspend service to any Customer for violation of the Terms of Service. Levation will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Levation reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the ToS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Customer expressly agrees that use of the Company's services is at the Costumer's sole risk. Neither Levation, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Customer also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
Limitation of Liability
Under no circumstances, including negligence, shall Levation, its officers, agents or anyone else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Levation records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
Customer agrees that it shall defend, indemnify, save and hold Levation harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Levation, its agents, its customers, partners or affiliates, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Levation against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Levation service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Levation service.
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