LargeServer.net agrees to provide and furnish services to the subscriber, subject to the following Terms of Service (TOS). Use of the LargeServer service constitutes acceptance and agreement to our Terms of Service (TOS). All provisions detailed in this contract are subject to the provided Terms of Service (TOS). We reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. Changes made to our TOS does not constitute early contract termination or non-payment.
1. Delivery of Services and Terms
Customer agrees to pay LargeServer the fees charged by LargeServer for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay LargeServer the fees charged by LargeServer for Supplemental Services, and hereby authorizes LargeServer to perform such services on its behalf. All supplemental services are provided on an ‘as is’ basis and exclude warranties of any kind, whether express or implied in accordance with LargeServer’s current policies and prices.
2. Fees and Payment Terms
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with then current LargeServer prices and policies.
2.2 Payment Terms
On the Service Commencement Date for each Service, Customer will be billed (the “Initial Bill”) an amount equal to (i) all non-recurring charges indicated in the Order Form(s) and (ii) the monthly recurring charges for the first month of the term prorated for the number of calendar days remaining in such month. Subsequent monthly billing will occur on the first day of each calendar month of the term. Monthly recurring charges for all months will be billed (the “Recurring Bill”) in advance of the provision of Services. If you cancel your paypal subscription your hosting will also be canceled. All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided. Payment for all fees is due upon receipt of each LargeServer invoice. All payments will be made in U.S. Dollars. Notwithstanding anything to the contrary in this Agreement, LargeServer expressly reserves the right to alter, change or amend its billing practices in its sole discretion, including, but not limited to, the date on which such billing will occur and the types of charges that will be included in such bills.
2.3 Suspensions and Termination
Any payment not received within seven (7) days of the invoice date of the Initial Bill, LargeServer reserved the right to suspend the account or terminate service without any notice.
2.4 Account Cancellations
Account cancellations must be made at least 7 days in advance via e-mail with all customer details (i.e. billing & account). Any missing information may delay the cancellation of your account. LargeServer will not be responsible for additional charges made if missing data is found.
3. Intellectual Property Ownership
This Agreement does not transfer from LargeServer to Customer any LargeServer Technology, and all right, title and interest in and to LargeServer Technology will remain solely with LargeServer. This Agreement does not transfer from Customer to LargeServer any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. LargeServer and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
4. Limited Warranties
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow LargeServer terms of service and other policies or otherwise breaches the Agreement in any respect.
4.2 No Other Warranty
LargeServe does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there from at customer’s own risk. The services are provided on an ‘as is’ basis, and customer’s use of the services at its own risk. Except as provided in the order form(s), LargeServer does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. LargeServer does not warrant that the services will be uninterrupted, error-free or completely secure.
4.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
LargeServer does not and cannot control the flow of information to or from LargeServer network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the Internet (or portions thereof). LargeServer cannot guarantee that such events will not occur. Accordingly LargeServer disclaims any and all liability resulting from or related to such events.
5. Customer Obligations
(a) General. Customer represents and warrants that (i) Customer is at least twelve (12) years of age; (ii) Customer possesses the legal right and ability to enter into this Agreement, and (iii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Rules and Regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other LargeServer customers’ use of LargeServer services. Customer assumes all risks related to processing of transactions related to electronic commerce. (b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, LargeServer will have the right, in its sole discretion, to suspend or terminate immediately any Services.
5.2 Server and system abuse (Only applicable to Shared Hosting, Reseller Hosting accounts)
Customer is prohibited to run any process that requires more than 10 times of other users’ average server resources for 15 minutes or causing the server unstable. Any attempts to undermine or cause harm to a LargeServer servers, or any customer of LargeServer is strictly prohibited. Any sub-networks of LargeServer, and all dedicated servers, must adhere to the above policies. Failures to meet, or follow any of the above guidelines, are grounds for account deactivation. We reserve the right to remove any account without prior notice, if we have reason to believe that any of the terms outlined in this Agreement, are violated.
6. Limitations of Liability
IN NO EVENT SHALL LARGESERVER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE LARGESERVER SITE OR ANY LARGESERVER SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL LARGESERVER CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).
You agree to indemnify, defend, and hold harmless LargeServer from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action and/or claims caused by or resulting indirectly from your use our services.
8.1 Termination without Cause during Renewal Term
This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than thirty (30) days’ prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section 8.1, any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due, and Customer shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such thirty (30) day period. LargeServer may terminate the service by providing three (3) days notice to customer.
8.2 Termination for Cause
In addition to any other rights it may have under this Agreement or applicable law, LargeServer may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) Non-payment of services within 7 days of invoice date, or (ii) Customer’s breach or failure to comply with any other obligation of Customer under this Agreement including, but not limited to, its failure to comply with any of the terms of the terms of service or other policies of LargeServer. Customer may terminate this Agreement if LargeServer breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of same. If this Agreement is terminated by LargeServer under this Section 8.2, all remaining monthly recurring and other charges specified on the applicable Order Form(s) for the balance of the then current term shall immediately become due and payable. In addition to the foregoing, LargeServer reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules and Regulations or which LargeServer believes in its sole discretion to be illegal or potentially harmful to others or may expose LargeServer to harm or liability.
9. Cancellation and Refunds
LargeServer reserves the right to cancel the account at any time. Customers may cancel at any time. Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. LargeServer reserved the right to determine the definition of first-time account.
9.2 Money back Guarantee
We reserve the right to refund a prorated amount or NO REFUND at all. Each of LargeServer’s managed shared hosting carries a 30 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for shared hosting excluded Domains Names.
9.3. Downtime Money Back
Is defined as any LargeServer scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice. Downtime caused by scheduled network upgrades will not be eligible money back.
9.4 Refunds Policy
– There is strictly no refund for all VPS, Dedicated Servers.
11. Disclaimer of Warranty
THE SERVICES, THE LargeServer SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE LargeServer SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. LARGESERVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LARGESERVER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. OUR 1 HOUR RESPONSE TIME GUARANTEE ONLY APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR SHOWED UP FOR THEIR SHIFT, THEN THE 1 HOUR RESPONSE TIME GUARANTEE DOES NOT APPLY.
12. Terms of Service
LargeServer reserves the right to change the terms set forth to our clients at any time, without any form of notice to our clients, non-clients, or general public. At all times customers are bound to the terms set forth. In no event shall LargeServer or its Staffs’ lack of enforcement of these terms constitute a waiver of these terms at any time.