Terms Of Service:
The following Terms of Service (the “Agreement”) are an agreement between LYF Solutions (“LYF”) or “us” or our” and your (“User” or “you” or “your). This agreement sets forth the general terms and conditions of your use with our web hosting, server and e-mail hosting or related “Service(s)” made available to you by LYF Solutions. By using the Service(s), you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Service(s).
1. You agree that when LYF Solutions or its third party service provider supply the Service(s), that you comply with these terms and conditions.
1.2 This agreement commences on the date which you begin your service with LYF for web hosting, server and email hosting or related Service(s).
1.3 You agree that LYF supply the Service(s) to you for the specified paid period in written confirmation by LYF to you of receipt for your payment for the plan applicable to the related Service(s).
1.5 You agree that LYF has a right to refuse a request or business as per with reasonable means at the sole discretion and confidentiality of LYF and or Its Supplier(s).
2. By registering or using our Service(s), you represent and warrant that:
2.1 You are eighteen years of age or older. The Service(s) are intended solely for users who are eighteen years of age or older.
2.2 If you use the Service(s) on behalf of another party, you agree that you are authorised to bind such party to this Agreement and to act on such other party’s behalf.
2.3 It is your responsibility to provide us with accurate, current and full information on registration forms including email address different from the domain you register with us. If there is an issue, we contact you via this method. It is your responsibility to ensure we hold updated, and correct information for your account(s) and Service(s) with us.
2.4 LYF is not responsible nor liable for any lapse in the Service(s) including but not limiting to any lapsed domain registrations due to out-dated or incorrect contact information.
2.5 You agree that providing false and misleading contact or information to us is an offense and may result in the suspension or termination of your Service(s).
2.6 You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security and confidentiality of your password and other related information for your Service(s).
2.7 You agree that you are solely responsible for any of your content residing on the server, including without limitations email files, downloads, copyright, images, text and any other associated content relative to your Service(s).
2.8 You agree that if an account is not paid on time with LYF payment options and terms, or is in arrears LYF issue a notice of reminder for payment.
- 2.8.1 In the event payment not received within 30 days, a reminder notice is sent to you along with the following conditions:
- 2.8.2 Subject to our payment terms and notification process, if payment is not received in 35 days, $12.00 late payment fee be applied to your invoice. Increments of $12.00 late payment fees added upon no contact and no payment arrangement.
- 2.8.3 In the event payment not made within 60 days of the original invoice date, you agree that LYF reserves the right to suspend any of your related Service(s). Any suspension of Service(s) does not relieve you of payment for these Service(s) whether suspended or not.
- 2.8.4 You agree that failure to pay over 60 days from original invoice date, LYF reserves the right to disclose your debt to the relevant collection agency. You agree that any collection agency fees be charged to you and that no contact may result in a credit default with a relevant creditor or debtor agency.
- 2.8.5 You agree that without any payment arrangement made suited to both parties or in the event of no contact over a disputed invoice greater than 120 days, LYF reserves the right to terminate your related Service(s). In the event, your Service(s) are terminated you agree to be charged $45.00 for termination and that all content on your related Service(s) be permanently deleted, unrecoverable from the LYF system. You agree that LYF and its Supplier(s) are not liable nor responsible for any loss of content or items on your relevant Service(s) subject to the non-payment or no contact within this period.
2.9 You agree that failure to update your contact details with us after seven days contact can result in a suspension of your Service(s) until the relevant details given and complete such as, but not limited to for the World Wide Web, host or contact purposes. Where suspension occurs this does not relieve you of any payment for Service(s) in this period.
2.10 You agree that in the event payment is unsuccessful for an account that LYF make contact with you in line with clause 2.8.
2.11 You agree that it is your responsibility to notify LYF of a payment if a reminder is sent or in the event you paid the invoice, but this not reflecting paid on your invoice portal.
4. You agree that LYF may withdraw its Service(s) at any time and that a refund be given, if not outside of the other conditions stipulated in this Agreement.
4.1 You agree that the sole purpose of your web hosting is for small business or personal use subject to the below terms:
- 4.1.1 You agree that your bandwidth is unlimited in your plan for hosting and that memory is limited to the normal small business. Misuse of memory e.g. email files and content or uploads which exceed the average capacity for a small business may result in a memory usage notice.
- 4.1.2 Subject to Clause 4.2.1 if your memory exceeds the average capacity LYF send you a notice to recommend lowering your excess use of server or related Service(s) memory. Where the memory exceeds capacity of LYF or its Supplier(s) Service(s), LYF issue a new quote, subject to this quote you agree to reduce your memory or take up a new offer to continue your use of excess usage. The specific excess amount is subject to LYF capacity of Server(s). Failure to comply with reduction of memory or new offer may result in suspension of your website until an agreement reached. Whereas your site suspended, this does not relieve you of payment of your Service(s).
- 4.1.3 You agree that if your site uses a high level of memory such as but not limited to uploads of data greater than 5GB, then LYF may suspend your website to prevent future data management or server issues for your related Service(s). In the event your site is suspended, this does not relieve you of any payment to LYF for the Service(s).
4.2 You agree that LYF or its Supplier(s) may be required to perform maintenance to ensure the security and reliability of its server(s). In the event of planned or unplanned maintenance we agree to provide you notice of the maintenance downtime, except when circumstances arise beyond the control of LYF or its Supplier(s) that prevent us from being able to do so for your Service(s).
- 4.2.1 You agree that the communication of Service(s) disruption subject to clause 4.3 can be in the form of online communication such as, but not limited to email, Twitter or Facebook page messages related to the Service(s) where applicable and possible.
4.3 You agree that any content that is undesirable to age under 18 years or whichever legal requirement is stipulated or governed by country, is labelled and communicated appropriately. You agree that is your responsibility to abide by other laws including, but not limited to the relevant Privacy Act or Consumer Laws.
4.4 You agree that using LYF as a web host or its Service(s) is for a legitimate and legal purpose. Any purpose falling outside of this are prohibited from using LYF Service(s). If your account is found to be against these terms you agree LYF may suspend or terminate your account without notice, which suspension or termination of your account shall not relieve you of any obligation to pay for any fees or charges of the related Service(s).
4.5 You agree that under the sole discretion of LYF or its Supplier(s) it may withdraw it Service(s) to you at any time. In this event, LYF will provide a refund for any Service(s) not already partaken, excluding those already given in that calendar month and prior and with the exception of those Service(s) suspended or terminated subject to but not limited to misuse, excess usage, no contact and non-payment.
4.6 You agree that non-legitimate circumstances include but do not limit to the use of uploading content such as:
4.6.1 Video or audio in excess of 5GB
4.6.2 Pirate websites
4.6.3 IP scanners
4.6.4 SPAM scripts
4.6.5 File dumping sites
4.6.6 Commercial audio streaming with more than one stream
4.6.7 Bank debentures
4.6.8 Lottery or and gambling sites
4.6.9 Hacker or virus focused sites or forums.
4.6.10 Hateful, harassing and or racist sites
4.6.11 Sites promoting illegal activities
4.6.12 Fraudulent sites.
4.8 You agree that you must advise us prior to your renewal date if you wish to cancel any Service(s). If we do not receive notification of cancellation of Service(s), Service(s) be auto-renewed in order to ensure Service(s) disruption or interruption avoided. You agree to be responsible for any costs involved as per this Agreement.
4.9 You agree that any cancellation of an agreement outside the terms of clause 4.9 lead to a cancellation fee of $25.00 for administration. You agree that LYF does not refund you for Service(s) pre-paid to cover set-up costs. You agree that with a cancellation it is your responsibility to save or export any data required. Cancellation of any Service(s) results in automatic permanent deletion of associated content on the LYF server. You agree that LYF and its Supplier(s) is not liable nor responsible for any loss of content, as a result, of cancellation.
4.10 You agree that LYF or its Supplier(s) shall maintain, change and control ownership of all IP numbers and addresses that may be assigned to you by LYF or its Supplier(s).
4.11 You agree that LYF and its Supplier(s) to cache the entirety of your Website, including data and content by you or third parties hosted by LYF and its Supplier(s) under this agreement. You also agree that any such caching is not an infringement of any of you or a third party intellectual property rights.
4.12 You agree to not resell, transfer, export or re-export any equipment or technical data derived from LYF Service(s) with the exception of clause 4.10 related to your own content.
4.13 You agree that both LYF and its Supplier(s) shall not be responsible for any changes in the Service(s) equipment to become obsolete, require maintenance or alteration, or otherwise affect the performance of the Service(s).
4.14 You agree that it is your responsibility to conduct tests such, but not limited to computer virus scanning, necessary for any upload of content using or linking to LYF Service(s). You agree not to upload content that contains a virus or in any method corrupt the data or systems related to your Service(s).
4.15 You acknowledge and agree that neither LYF nor its Supplier(s) exercises any control over, and accepts no responsibility for content or information passing through LYF or the Supplier(s) host computer, networks or areas related to your Service(s).
4.16 You agree that LYF as permitted by law and its Supplier(s) do not warrant that the Service(s) meet your requirements, be uninterrupted, timely, secure or error fee, be free from intruders, worm attacks, viruses or unauthorised access or systems of LYF and its Supplier(s).
4.17 You understand and agree that neither LYF nor its Supplier(s) agrees that the use of Service(s) warrant accuracy or reliability. You agree that LYF and its Supplier(s) work to ensure all information supplied to you is of the correct nature as best as possible and as permitted by applicable laws.
4.18 You agree that neither LYF nor its Supplier(s) shall be held liable for any content, loss of content including but not limited to email files or web data, transferred either to, from you, stored or backed-up by you or any of your customers via the Service(s) you use with us.
4.19 You agree that you will indemnify and defend LYF and its Supplier(s) and all employees or agents of LYF and its Supplier(s) from and against any claims, damages, losses, liabilities, suits, demands, actions proceedings, whether legal or administrative, expense including, but not limited to legal fees incurred by the indemnified party arising out of or in relation to your Service(s). As such claims as part of this Agreement may include but not limited to claims around trademark, service mark, and copyright, the trading name, patent infringement, unfair competition, injury or damage to business.
4.20 You agree that neither LYF nor its Supplier(s) shall be liable for indirect, special, consequential or loss of profit, revenue, data or use suffered by you or any third party, whether in action, contract, tort, the legal specification, even where LYF or its Supplier(s) we notified of such damages.
4.21 You agree that any liability of LYF or its Supplier(s) for any breach of the term will if permitted by statute, be limited to the re-supply of Service(s) where possible or payment of the cost having Service(s) restored or created again.
4.22 You agree and acknowledge that all rights and content including but not limited to software, control panels or technology provided as part of your Service(s) is that of any trademark or intellectual property of LYF or its Supplier(s) or third party provider(s), and you shall have no right, claim, title or interest in or towards our intellectual property.
4.23 You agree that LYF or its Supplier(s) may disclose your account and other information in accordance with relevant but not limited to Web law and internet governing agencies.
4.24 You agree any failure to comply with any provision in this Agreement including but not limited to payment or provision of updated contact information may result in the suspension or termination of your Service(s).
4.25 You agree that LYF has a zero policy on SPAM and does not allow the use of unsolicited commercial email or spam over our or the Supplier(s) we use networks for your Service(s).
4.26 You agree that in the event of technical failure, maintenance or alteration involved in your Service(s) provided by LYF or its Supplier(s), we will with reasonable endeavours work to resume your Service(s) as soon as possible. You agree that any event such as but not limited to those above not result in a refund or liability towards us or our Supplier(s), as per LYF not guaranteeing any warranties around this service.
4.27 You agree that under court order, judgement or determination LYF or its Supplier(s) may be requested to remove illegal, offensive, copyright infringement, defamatory or related case information with or pertaining to your related Service(s).
5. The law in Victoria, Australia governs this Agreement.
5.1 You agree that if necessary for LYF or its Supplier(s) to enforce its rights under this agreement, you agree to pay all fees incurred by LYF or its Supplier(s) including, but not limited to legal fees and collection agency fees.
5.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this agreement shall remain in full force and effect.
Terms last updated 21/06/2014