These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and Everlive.net. These Terms govern your use of any Everlive.net online services ("Services"), the Everlive.net website (“Site”), the client software distributed with this Agreement and any other software provided by Everlive.net, including any updates and any accompanying documentation ("Software"). Collectively, the Software, the Site and the Services may be referred to as the “Products” or “Products/Services”. By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify Everlive.net immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Everlive.net determines that a security breach has occurred or is likely to occur, Everlive.net may suspend your accounts and require you to change your user names and passwords.

Your data is simply yours. We have no interest in your website files and your database. It is compressed when our script takes backup and just stored on our servers. We never decompress that. We never give it to others. We do our best to keep your backups at safer and reliable servers but we don't accepts any responsibility for any data loss or corruption or any results of that. We strongly recommend you to have additional backups of your website files and database. Any suspended service will remain suspended until the invoice has been paid in full. Services that have been suspended for 7 days will be terminated and all data on said service will be permanently lost.

COMPLIANCE WITH LAWS AND ACCEPTABLE USE

You are solely responsible for your conduct related to the Service and any data you store or share on the Service. You specifically agree that you will not use the Everlive.net Products/Services to:

  • violate any laws or regulations;
  • infringe the intellectual property or other rights of third parties;
  • transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

LIMITATION OF LIABILITY

YOU SPECIFICALLY AGREE THAT Everlive.net, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS/SERVICES OFFERED BY Everlive.net OR IN ANY WAY RELATING TO THE PRODUCTS/SERVICES OFFERED BY Everlive.net.

IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Everlive.net, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS/SERVICES OFFERED BY Everlive.net IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT FOR THE CURRENT MONTH. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THERE IS NO LIABILITY OF Everlive.net, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS/SERVICES OFFERED BY Everlive.net. YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Everlive.net.

INTELLECTUAL PROPERTY PROTECTION

Everlive.net respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit repeated violations, Everlive.net may terminate your accounts.

We do not claim any ownership in the intellectual property rights of others. All product, brand, or company names not belonging to EverLive.net are the intellectual property of their respective owners.

USER INDEMNITY

You agree to defend, indemnify, and hold Everlive.net, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

  • your use of the Products/Services offered by Everlive.net;
  • your violation of these Terms;
  • your violation of any third party right, including any intellectual property right; or
    any claim that use of your data caused damage to a third party.
  • This indemnity obligation will survive the termination or expiration of your account and these Terms.

MAINTENANCE

You hereby acknowledge and agree that EverLive.net reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. We will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.


CHANGES TO THE SERVICE AND TERMS

Everlive.net reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. Everlive.net reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products/Services following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products/Services immediately.

 

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