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Ad Supported Hosting Service Agreement
Live Net Now LLC
Ad Supported Hosting Service Agreement

This Ad Supported Hosting Service Agreement ("Agreement") is by and between Live Net Now LLC ("Live Net Now LLC") a/an AZ individual and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Live Net Now LLC's Web Site Hosting or Virtual Hosting ("Hosting") services and Live Net Now LLC's WebSite Tonight service ("WebSite Tonight") ("Hosting" and "WebSite Tonight" together, the "Services") and represents the entire agreement between You and Live Net Now LLC in connection with the subject matter of this Agreement. By using Live Net Now LLC's the Services, You acknowledge and agree that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service, which Live Net Now LLC may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You've established with Live Net Now LLC, whether or not the transactions were on Your behalf. You acknowledge and agree that Live Net Now LLC's acceptance of any application made by You for services provided by Live Net Now LLC will take place at Live Net Now LLC's offices located in Scottsdale, Arizona, USA. You further acknowledge and agree that as adequate consideration for Live Net Now LLC providing You with the Services at no cost to You, Live Net Now LLC shall have the right to place certain advertisements on Your web site. If You do not desire that such advertisements are placed on Your web site by Live Net Now LLC, then You may purchase the Services at Live Net Now LLC's current rates.


1. Description of Hosting

Live Net Now LLC currently provides Hosting services to its customers for a monthly fee. Provided You abide by and comply with the terms and conditions of this Agreement, You shall have no obligation to pay for Hosting services. Live Net Now LLC shall host Your web site on Live Net Now LLC's Hosting servers, provided You abide by the terms and conditions set forth herein and in each of Live Net Now LLC's policies and procedures.

License of Your website content

Live Net Now LLC grants to You, and You accept from Live Net Now LLC, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with Live Net Now LLC's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Live Net Now LLC shall attempt to provide Hosting services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Hosting services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Live Net Now LLC may undertake from time to time; or (iii) causes beyond the control of Live Net Now LLC or that are not reasonably foreseeable by Live Net Now LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You acknowledge and agree that Live Net Now LLC has no control of availability of Hosting services on a continuous or uninterrupted basis.

FTP Backup

Live Net Now LLC may offer additional features and add on services such as an FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by Live Net Now LLC. Subject to the terms and conditions of this Agreement, Live Net Now LLC shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Live Net Now LLC may undertake from time to time; or (iii) causes beyond the control of Live Net Now LLC or that are not reasonably foreseeable by Live Net Now LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services. Notwithstanding anything in this Agreement to the contrary, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or page that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

SSL Certificates

Any SSL certificate You purchase from Live Net Now LLC or its affiliates to use in conjunction with Hosting services provided by Live Net Now LLC, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Live Net Now LLC, Live Net Now LLC will generate and securely store a corresponding private key.

For security reasons, at no time will Live Net Now LLC release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non- Live Net Now LLC hosting server, You will need to make a request to Live Net Now LLC no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with Live Net Now LLC has been cancelled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Information Shared with Partners

As a condition of purchasing or using Hosting services, You acknowledge and agree that Live Net Now LLC may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.


2. Your Hosting Obligations

You acknowledge and agree that Live Net Now LLC shall have the right to seek justification in connection with Your use of the Hosting services, including, but not limited to, Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by Live Net Now LLC pursuant to such justification. You acknowledge and agree that You are required to begin using at least eighty percent (80%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least eighty percent (80%) of Your assigned IP addresses, You acknowledge and agree that Live Net Now LLC shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois.

You represent and warrant to Live Net Now LLC that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and You are not using Live Net Now LLC's WebSite Complete or WebSite Tonight software, You must ensure that Your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Live Net Now LLC will not be used in connection with any illegal activity.

If You are hosting Your web site on Live Net Now LLC's servers, You are responsible for ensuring that there is no excessive overloading on Live Net Now LLC's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload Live Net Now LLC's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Live Net Now LLC's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Live Net Now LLC reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Live Net Now LLC prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Live Net Now LLC. You agree that Live Net Now LLC reserves the right to remove Your web site temporarily or permanently from its hosting servers if Live Net Now LLC is the recipient of activities that threaten the stability of its network. Further, You acknowledge and agree that Live Net Now LLC has the right to terminate Your Hosting services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

  1. disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email;
  2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
  4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
  5. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
  6. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
  7. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
  8. engage in any other activity deemed by Live Net Now LLC to be in conflict with the spirit or intent of this Agreement or any Live Net Now LLC policy; or
  9. use Your server as an "open relay" or similar purposes.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

  1. prevent any loss or damage to Your web site content;
  2. maintain independent archival and backup copies of Your web site content;
  3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Live Net Now LLC servers; and
  4. ensure the confidentiality of Your password. Live Net Now LLC's servers and hosting services are not an archive and Live Net Now LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

    In the event You terminate, moving Your web site off of the Live Net Now LLC hosting servers is Your responsibility. Live Net Now LLC will not transfer or FTP Your web site to another provider. In the event Your Hosting service is terminated, Live Net Now LLC will not transfer or manage Your Hosting or Your website content.


3. WebSite Tonight Details

The Application

Live Net Now LLC grants You a non-exclusive license to use the WebSite Tonight application (the "Application") for the purpose of designing and publishing web sites for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use WebSite Tonight on any computer, but the same project may not be modified on more than one (1) computer at one time. You may customize or modify the appearance of WebSite Tonight as provided and allowed by the instructions. You may not otherwise alter or modify the Application. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code of the Application. You are not authorized to combine WebSite Tonight with any other software program or application, and You are not authorized to integrate any plug-in or enhancement which uses or relies upon WebSite Tonight other than those provided with the Application. You are licensed to publish an unlimited number of web sites using this Application. However, You will be required to pay a license fee for each web site published; provided, however, as long as You comply with the terms and conditions set forth in this Agreement, You shall not be obligated to pay any fees in connection with using the Application.

The Online Wizards

Forms, Flash animations, and Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one (1) web site. You are free to modify these in any way as long as You use them on one (1) web site only. Paying for a single form and using it on multiple web sites is NOT authorized.

Application Particulars

WebSite Tonight is an online web site preparation tool that is designed to assist You in designing and publishing web sites for use on the Internet. Using WebSite Tonight will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:

  1. Select from more than one hundred (100) pre-designed layouts which can be customized with a variety of images and color schemes;
  2. Engage in Internet sales and marketing by advertising Your business on the Internet;
  3. Share Your information with others by listing information;
  4. Design and customize Your web site by adding text, images, pre-designed page layouts and plug-ins;
  5. Display photos of Your choice; and
  6. Create secure web sites by placing our secure certificates on Your web site (at an additional cost), and upload files to Your web site and make them available for download. These may include documents, video, images, and audio files.

Web Site Hosting Services

You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Live Net Now LLC. You affirmatively acknowledge that Live Net Now LLC is relying on Your representation concerning Your proper use of all content on any web site You create or control. If Your web site includes GIF images and You are NOT using the Application, You must ensure that Your GIF images are licensed by Unisys or were created with Unisys Authorized Software. Moving Your web site from one hosting server or provider to another is Your responsibility. Live Net Now LLC will not transfer or FTP Your web site to another hosting provider.

Legal Agreements

You acknowledge that You and a Live Net Now LLC approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement; this Agreement; and all policies and procedures as posted on its web site.

The Limitations

WebSite Tonight is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, Live Net Now LLC explicitly reserves the right to terminate Your license if it comes to Live Net Now LLC `s attention that You are using WebSite Tonight to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way; or activities that do not comply with the terms and conditions of this Agreement.


4. Live Net Now LLC 's WebSite Tonight rights

Live Net Now LLC retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. WebSite Tonight and any copies You are authorized to make are the intellectual property of Live Net Now LLC. The source code and its organization are the exclusive property of Live Net Now LLC and WebSite Tonight is protected by copyright, including United States Copyright Law. Except as expressly stated in this Agreement, this Agreement does not grant You any rights in WebSite Tonight and all rights are reserved by Live Net Now LLC.

Live Net Now LLC expressly reserves the right to:

  1. Censor any web site hosted on its servers that, in Live Net Now LLC's sole opinion, is deemed inappropriate;
  2. Review every Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels;
  3. Modify pricing through email notification;
  4. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Live Net Now LLC determines to be harmful to subscribers, operations, its reputation, or otherwise; and
  5. Terminate Your license if Your use of WebSite Tonight results in, or is the subject of, legal action or threatened legal action against Live Net Now LLC or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit and terminate Your license in the event You fail to comply with the terms of this Agreement. The decision to terminate Your license shall be made solely by Live Net Now LLC, and in so doing, Live Net Now LLC shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.


5. liability and indemnification

Live Net Now LLC provides WebSite Tonight "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall Live Net Now LLC be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if Live Net Now LLC has been advised of the possibility of such damages arising from any defect or error in the Application.

You shall indemnify, defend by counsel reasonably acceptable to Live Net Now LLC, protect and hold Live Net Now LLC harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of WebSite Tonight or the Hosting services.


6. severability
You agree the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

7. venue; waiver of trial by jury

This Agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree any action relating to or arising out of this Agreement, shall be brought in the courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.


8. intellectual property
  1. Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.
  2. Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and/or other countries.
  3. AOL and America Online are registered trademarks of America Online, Inc in the United States and/or other countries.
  4. InterNIC is a registered Service Mark of the U.S. Department of Commerce.
  5. Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries.
  6. Certain Images licensed from Hemerra Technologies Inc.
  7. Certain Images licensed from Starfield Technologies, Inc.
  8. Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
  9. Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.

9. notices

You agree that all notices (except for notices concerning breach of this Agreement) from Live Net Now LLC to You may be posted on its web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with Live Net Now LLC In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Live Net Now LLC shall be made by email, sent to the address provided on the Live Net Now LLC web site, or by first class mail to the address below.

Live Net Now LLC
Attn: Legal Counsel
14455 North Hayden Rd., Suite 219
Scottsdale, AZ, 85260

Revised: 4/29/2009
Copyright © 2006-2009 All Rights Reserved.