Terms & Conditions
These brief guidelines are imposed to protect you, other Liquid UPC Website, Technology, Email and/or Hosting customers and us against such harm. Liquid UPC reserves the right to update this policy at any time, so please check back periodically.
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Payment is due on the first day of the month, for that month or based on invoice date. Billing will continue until you cancel your hosting account.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Liquid UPC of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by Liquid UPC. Liquid UPC reserves the right to allocate payments to the oldest outstanding invoice on your account.
Liquid UPC provides a 10-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received.
Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.
Cancellations must be done in writing by emailing or contact us directly. You have the option of cancelling your account immediately or at the end of the billing period. If you choose to cancel the account immediately then your account will be terminated from our servers on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.
We use the services of a third party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.
When registering a domain name, it is not your property, it cannot be “owned” by anyone. We will register the domain in the name of the “Registrant” and they will have full control of the domain. We cannot guarantee the registration of a domain name, we will make every effort to register the domain that you choose.
We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customers name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.
We will only act on instructions of the account holder or other authorized users on the account. We act on your instructions to the extent that those instructions are possible and lawful.
All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.
You warrant that:
• ⚬ All information provided in the registration of the domain is complete and accurate.
• ⚬ You are entitled to register the domain name.
• ⚬ If you are not the domain owner, that you have permissions from the owner to act on their behalf.
• ⚬ You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
• ⚬ The domain will not be used in a malicious way.
We will do our utmost to prevent expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.
You indemnify us against any loss or damage that we may suffer arising from registration of your domain name.
Domain Cost Refund Policy
Please note that fees payable for domain registration and renewal costs are non-refundable. Liquid UPC accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.
Unlimited Traffic/Storage Policy
Our unlimited plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy which goes as follows.
Bandwidth and disk storage are unlimited as long as:
• they used as an integral part of your website,
• you are not intentionally abusing the service by using excessive bandwidth or disk storage,
• you are not violating our terms and conditions, and
• you are not impeding our capability to provide other service to other customers.
Email storage under Unlimited packages is subject to the following:
• we do not allow long term storage of emails, we reserve the right to remove emails older than 12 months,
• we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
• emails stored in ‘spam’ or ‘deleted’ folders may be deleted where such email are over 30 days old.
In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming.
Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth or disk storage limits. We’ll take care of these sorts of issues so you can concentrate on growing your site.
If, however, you are attempting to take advantage of the service by distributing or storing large files, PDF’s or images, streaming excessive video or hosting music or something similar, then we will request that you cease doing so.
Liquid UPC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Liquid UPC may not use or permit others to use our network to transact in UCE. Customers of Liquid UPC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
If your actions have caused Liquid UPC’s mail servers or Liquid UPC’s IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed a R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.
Scripts and Software Policy
You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Liquid UPC customers.
Liquid UPC is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
Liquid UPC provides technical support for the server & server related softwares. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our techs.
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information.
Client provides Liquid UPC access and authorization to use accordingly all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated.
Refusal of Service
We reserve the right to refuse service to anyone for any reason. We reserve the right to terminate service to any customer for any reason.
Any deliberate attempt to cause damage to Liquid UPC’s servers, the Liquid UPC network or any other internet servers will result in immediate account deactivation without prior notice.
LIQUID UPC Standard License Agreement
Important Notice: Please read completely before subscribing to LIQUID UPC CORP. By logging into LIQUID UPC – software and service, you are acknowledging a clear understanding and agreement of the terms of this license, and of your obligations, restrictions and rights of use as stated fully within. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICE. If you do not agree to these terms, do not click login and/or use this Software and Service.
1. Parties. This user License Agreement is a legal agreement between you and system users of your site (“the Licensee”) and LIQUID UPC (“the Licensor”) for using the software, services and documentation offered by LIQUID UPC (the “Software”) under the terms stated in this Agreement.
2. License. Licensor grants Licensee a non-exclusive, non-transferable license to (1) use the Software solely for its internal operations, and (2) copy the database records and Documentation for archival or backup purposes only, provided that all titles, trademarks, and copyright, proprietary and restricted rights notices shall be reproduced in all such copies, and that all such copies shall be subject to the terms of this Agreement. Licensee acknowledges that the right to copy and back up source code or any other code for any reason is expressively excluded from this agreement and prohibited.
3. Distribution. Except as explicitly provided herein, Licensee shall not: (1) make available nor distribute, sell or rent all or part of the Software to any third party by assignment or by any other means; (2) copy, adapt, reverse engineer, decompile, disassemble, or modify, in whole or in part, any of the Software; or (3) use the Software to operate in or as a time-sharing, outsourcing, or service bureau environment, or in any way allow third party access to the Software.
4. Payment. Licensee shall pay the Price in accordance with the payment plan of the subscription. Payment of the Price shall be made by Licensee to Licensor in full and as per billing cycle without any right of set-off or deduction. Licensee shall be responsible for any applicable sales or use taxes or any value added or similar taxes payable with respect to the licensing of the Software, or arising out of or in connection with this Agreement, other than taxes levied or imposed based upon Licensor’s income.
5. Interest. Failure by Licensee to pay any amounts invoiced under this Agreement in full in accordance with this Agreement shall make Licensee liable to pay Licensor interest at the rate of one and a half percent (3.5%) per month on the remaining amount due, or at the highest amount permitted by applicable law such interest to accrue on a daily basis after as well as before any judgment relating to collection of the amount due. Licensor reserves the right to impose a reconnection fee in the event Licensee is suspended and thereafter request access to the Service.
6. Security. Licensee shall be fully responsible for maintaining professional system security, managing user rights according to best practices, and uploading files to the server, which are free of any viruses, spyware or other code that may potentially compromise and / or harm the server security. Licensee shall hold Licensor harmless of any damages as a result of not maintaining system security.
7. Excess Data Storage Fees, Bandwidth Fees, Data fees. The maximum disk storage space provided to Licensee is limited to 128 MB. The maximum bandwidth provided to Licensee is limited to 1 GB per month. If the amount of disk storage or bandwidth required exceeds these limits, and if Licensor agrees to make available more storage space or bandwidth, Licensee will be charged the then-current storage fees and applicable bandwidth fees. Licensor will use reasonable efforts to notify Licensee when the average storage used per license reaches approximately 90% of the maximum; however, any failure by Licensor to so notify Licensee shall not affect Licensee’s responsibility for such additional storage charges. Licensor reserves the right to establish or modify its general practices and limits relating to storage and bandwidth of Customer Data. Any changes are effective upon publication on the www.liquidupc.com website.
8. Proprietary Rights. Licensee acknowledges and agrees that the copyright, patent, trade secret, and all other intellectual property rights of whatever nature in the Software, Documentation and Specifications are and shall remain the property of Licensor, and nothing in this Agreement should be construed as transferring any aspects of such rights to Licensee or any third party.
9. Infringement. Licensee hereby indemnifies Licensor against any claim for (1) alleged infringement of any U.S. registered copyright or patent, arising out of the use of the Software by Licensee in any manner prohibited by this Agreement and (2) any claim related to or arising out of a financial transaction or any other transaction and procedure, brought by any third party based on the use of the Software.
10. Local Laws and Export Control. This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. Licensee acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, Licensee represents and warrants that Licensee is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. Licensee agrees to comply strictly with all U.S. and European Union laws including export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Licensor makes no representation that the Service is appropriate or available for use in other locations. If Licensee uses the Service from outside the United States of America and/or the European Union, Licensee is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for any illegal activities.
11. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
a. LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, REGARDING THE MERCHANTABILITY, QUALITY, FUNCTIONALITY, PERFORMANCE OR FITNESS OF THE SOFTWARE.
b. LICENSOR WILL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM ANY DEFECT, ERROR OR OMISSION IN THE SOFTWARE OR MANUAL OR FROM ANY OTHER EVENTS INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, LEGAL ACTION OR ANY OTHER CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Termination. The License granted herein shall remain in effect for the agreed contract term. Licensee may not terminate the License prior to the agreed contract term. The license may be terminated immediately without notice from Licensor, if Licensee fails to comply with its terms and conditions. This is without prejudice to any other remedies which Licensor may have. Upon termination or cancellation of this Agreement, Licensee will not be allowed further access the software and its data, use of the Software, and shall destroy the manual and all downloaded or printed copies as well as access codes to the software. Termination shall not relieve Licensee’s obligation to pay all amounts which are due and payable or which Licensee has agreed to pay. Licensee agrees and acknowledges that Licensor has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if Licensee’s account is 30 days or more delinquent.
13. Florida Law. This Agreement shall be deemed to have been executed in the State of Florida and will be governed by and construed in accordance with the laws of the State of Florida. The parties hereby consent to the jurisdiction of the courts of the State of Florida for the purpose of any action or proceeding brought by either of them in connection with this Agreement.
14. Attorneys’ Fees. Licensee shall be responsible for Licensor’s reasonable attorneys’ fees associated with the enforcement of the terms of this Agreement or the collection of any amounts due under this Agreement.
15. Entire Agreement. This Agreement and its subscription terms as set forth in the database record comprise the entire agreement between the parties regarding the subject matter hereof and supersedes and merges all prior proposals, understandings and all other agreements, oral and written between the parties relating to the Agreement.