Any customer account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, network resources, and/or exceeding their hosting plan limits) will be required to pay additional overage fees and/or notified of new charges for required upgrades to its services to accommodate the higher usage. Camelback will be the sole arbiter of what is considered to be a high server usage level. Any account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Also, background processes such as, but not limited to, IRC bots such as eggdrop, and BitchX are not allowed on our servers. All hosting plans start with a generous amount of disk space and monthly data transfer, and more can be added for a nominal fee.
Multimedia files are defined as any graphics, audio, and video files. Customer accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any account whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting any servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Camelback’s services include, but are not limited to:
Ownership of Domain Name
The legal owner of customers’ domain name and accounts with Camelback will be the individual or organization whose name is listed in Camelback’s database as the owner. Customers will fully cooperate with and abide by any and all of Camelback’s security measures and procedures in the event of any dispute over ownership of customers’ domain name or accounts with Camelback.
Camelback servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Camelback services, all Camelback customers certify that they and/or the organization they represent in procuring Services from Camelback are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Camelback’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Camelback server, and selling or distributing software (on a web site residing on a Camelback server) that facilitates spamming. Violators will be assessed a minimum fine of US$250 and will face immediate suspension. Camelback reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of liveSite or network; interference with Services to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Camelback’s Services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Camelback’s Services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Camelback customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Camelback customer (per the DMCA) to Camelback must follow the below procedures. Copyright infringement notifications submitted to Camelback according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Camelback’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for Camelback to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Mail the notification to:
Camelback Consulting, Inc.
Legal Department – DMCA Complaints
10000 N. Central Expressway, Suite 400
Dallas, TX 75231
Pornography and sex-related merchandising are prohibited on Camelback servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of Camelback’s Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Camelback is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its Services.
Camelback is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Camelback urges its customers to assume that all of their on-line communications are insecure. Camelback cannot take any responsibility for the security of information transmitted over Camelback's facilities. Additional details on privacy and Camelback’s use of customer information can be found in Camelback’s Privacy Statement located at https://livesite.com/privacy.
Customers are required to use the Camelback network responsibly. This includes respecting the other customers of Camelback. Camelback reserves the right to suspend and/or cancel Services with any customer who uses the Camelback network in such a way that adversely affects other Camelback customers. While Camelback may monitor its Services electronically to determine that its facilities are operating satisfactorily, as a general practice, Camelback does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Camelback becomes aware of any violation of the TOU or other user agreements, Camelback may take any action to stop or correct such violation, including, but not limited to, denying access to Camelback’s Services and equipment or to the Internet. In addition, Camelback may take action against a customer or a customer of such customer because of the activities of such customer. Camelback anticipates that customers who offer Internet Services will cooperate with Camelback in any corrective or preventive action that Camelback deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Camelback policy and Camelback reserves the right to take any such action even though such action may affect other customers of the Camelback customer.
Actions Taken by Camelback
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Camelback will be the sole arbiter as to what constitutes a violation of the TOU. Camelback reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Camelback becomes aware of an alleged violation of its TOU, Camelback will initiate an investigation. During the investigation, Camelback may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Camelback may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Camelback will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Camelback does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Camelback.
Camelback customers agree to protect, defend, hold harmless, and indemnify Camelback, any third party entity related to Camelback (including, without limitation, third party vendors), and Camelback’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Camelback, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Camelback’s Services.
The Camelback Services is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Camelback expressly disclaims any representation or warranty that the Camelback Services will be error-free, secure or uninterrupted. No oral advice or written information given by Camelback, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Camelback and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
The Camelback Services are not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Camelback Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Camelback does not control or monitor the information or data you store on, or transmit through, the Camelback Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (HIPAA). Camelback Customers requiring secure storage of protected health information as defined under HIPAA are expressly prohibited from using the Camelback Services for such purposes. Storing and permitting access to protected health information is a material violation of this TOU, and grounds for immediate account termination. We do not sign Business Associate Agreements and you agree that Camelback is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Camelback may immediately terminate provision of Camelback’s Services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Camelback in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CAMELBACK (INCLUDING, WITHOUT LIMITATION, CAMELBACK’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CAMELBACK, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CAMELBACK’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CAMELBACK SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CAMELBACK SERVICES EVEN IF CAMELBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAMELBACK’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR CAMELBACK’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CAMELBACK OR CAMELBACK’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Camelback may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Camelback’s Services. Certain changes to Camelback’s Services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Camelback is not liable, for any and all such personalized applications and content, except as expressly agreed to by Camelback.
Backup of Data
Except where Camelback has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Camelback is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Camelback Services.
Third Party Licenses
Camelback makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Camelback makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Camelback specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Camelback liable in any way for the revocation of any license, which has been licensed to Camelback. The use of the Technologies obtained from or through Camelback, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Camelback products by Camelback, its employees, or any third party entity related to Camelback is for information purposes only and does not constitute an endorsement or recommendation by Camelback. Camelback disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Camelback products or Services.
Camelback’s Intellectual Property
Reservation of Rights. Customer acknowledges that in providing the Services, Camelback utilizes (i) the liveSite, liveMail, and liveEducation name, the Camelback logo, the livesite.com and liveEducation.com domain names, the product names associated with the Services and other trademarks; (ii) certain audio and visual information, documents, software and other works of authorship; and (iii) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively "Camelback Technology") and that the Camelback Technology is covered by intellectual property rights owned or licensed by Camelback ("Camelback IP Rights"). Other than as expressly set forth in this Agreement, no license or other rights in the Camelback IP Rights are granted to the Customer, and all such rights are hereby expressly reserved.
License Grants. Camelback grants Customer and its Users a non-exclusive, non-transferable, non-sublicenseable right to access and use the Services for the purpose for which it is made available to Customer and otherwise in accordance with the terms of this Agreement. Customer grants to Camelback a non-exclusive, non-sublicenseable license to use, copy, store, modify and display the Customer Data solely to the extent necessary to provide the Services.
Restrictions. Customer shall not (i) modify, copy or make derivative works based on the Camelback Technology; (ii) disassemble, reverse engineer, or decompile any of the Camelback Technology (iii) create Internet "links" to or from the Services, or "frame" or "mirror" any of Camelback's content which forms part of the Services (other than on Customers' own internal intranets and extranets).
Customer Data. As between Camelback and Customer, all data submitted by Customer to the Service, whether posted by Customer or by third parties, remains the sole property of Customer. Customer Data shall be considered Confidential Information, subject to the terms of this Agreement. Notwithstanding any other provision in this Agreement, Camelback may provide certain User registration and statistical information such as usage or User traffic patterns in aggregate form to third parties, provided that such information does not include Customer or personally identifying information. The IP addresses of Users shall not be transmitted with messages sent from Customer's User accounts. Camelback may access Customer's User accounts, including without limitation Customer Data, to respond to service or technical problems.
Abandoned Sites. From time to time, solely upon Camelback's discretion, abandoned sites will be deleted and their data resources recaptured for reuse. Abandoned sites are those non-paid hosting plans in which no administrator user has logged into the site's liveSite Control Panel in at least 90 days.
Suggestions, Ideas and Feedback. Camelback shall have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Services to the extent it does not constitute Confidential Information of Customer.
Definition of Confidential Information. As used herein, "Confidential Information" means all information of a party ("Disclosing Party") which the Disclosing Party designates in writing as being confidential when it discloses such information to the other party ("Receiving Party"), including without limitation the terms and conditions of this Agreement, Customer Data, the Camelback Technology, the Service, business and marketing Services s, technology and technical information, product designs, and business processes (whether in tangible or intangible form, in written or in machine readable form, or disclosed orally or visually). Customer Data shall be deemed Confidential Information regardless of its written designation. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without the Receiving Party's breach of any obligation owed to the Disclosing Party; (ii) was independently developed by the Receiving Party without the Receiving Party's breach of any obligation owed to the Disclosing Party; or (iii) is received from a third party who obtained such Confidential Information without any third party's breach of any obligation owed to the Disclosing Party.
Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission.
Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information.
Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure and reasonable assistance (at Disclosing Party's cost) if the Disclosing Party wishes to contest the disclosure.
Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 6, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Camelback’s Services, either in whole or in part, without the prior written consent of Camelback.
Minimum Age Requirement
Camelback customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Camelback customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Camelback Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Camelback’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Camelback’s Services will be deemed null and void to the extent that Camelback will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Camelback’s Services.
Governing Law and Severability
The TOU, and any other agreement for Camelback Services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Camelback will take place in Texas, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Camelback agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Camelback will not be liable for delays in its performance of the TOU or Camelback Services caused by circumstances beyond Camelback’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Camelback will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment.
Any waiver, modification, or amendment of any provision of the TOU or other agreement for Camelback Services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Camelback.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Camelback and its customers. Each of Camelback and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Camelback Services, constitutes the complete understanding and agreement between Camelback and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Camelback, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Camelback Services is between Camelback and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Camelback.
All charges are shown in US Dollars. Payments are to be made in US dollars. Camelback accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express, Discover)
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Camelback your credit card information, you authorize Camelback to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Camelback’s Billing Policy in the TOU. You are responsible for directly updating, or notifying Camelback, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date, if payment is not received by this time, all associated services will be automatically suspended.
Any payment not received from Customer by the due date may accrue, at Camelback's discretion, late charges at the rate of one and a half percent (1.5%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Any account that has been suspended for non-payment more than three times may be subject to conversion to an annual pre-paid contract at our sole discretion.
Camelback's fees are exclusive of all local, state, federal and foreign taxes, levies, or duties of any nature ("Taxes"), and Customer is responsible for payment of all Taxes, excluding only United States taxes based on Camelback's income. If Camelback has the legal obligation to pay or collect taxes for which Customer is responsible pursuant to this TOU, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Camelback with a valid tax exemption certificate authorized by the appropriate taxing authority.
Billing Cycles (Terms)
Camelback offers two Billing Cycles (terms) for liveSite account charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Services Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next Services renewal.
All additional features added to an account are charged monthly. Additional features are non-refundable.
Term & Termination
Term of Agreement. This Agreement commences on the Effective Date and continues until all User licenses granted in accordance with this Agreement have expired or been terminated.
Term of User Licenses. User licenses commence on the start date specified in the relevant Order Form and continue for the License Term specified therein. User licenses shall automatically renew for additional periods of one (1) year at the list price in effect at the time of renewal unless Customer gives Camelback notice of termination at least 30 days prior to the end of the License Term or relevant renewal term (as the case may be).
Termination for Cause. A party may terminate this Agreement for cause: (i) upon thirty (30) days written notice of a material breach to the other party, provided such breach remains uncured at the expiration of the notice period; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Return of Customer Data. Upon written request by Customer within thirty (30) days of the effective date of termination, Camelback shall make available to Customer a file of Customer Data. After such thirty (30) day period, Camelback shall have no obligation to maintain or provide any Customer Data.
In order to insure uninterrupted service to your website, all Services will automatically renew at the end of the Services’ Billing Cycle. Services renewal charges are based on the prevailing rate on the date of renewal according to the Services selected. Services s are renewed for the same billing cycle. If you wish to cancel your Services before Services renewal, please refer to the Cancellation section below.
Camelback does not mail paper invoices or statements. Customers may request to receive their monthly account billing statement via e-mail for a nominal fee.
Returned (NSF) Checks: Camelback charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card Chargebacks: A $25.00 chargeback fee will be assessed for each credit card chargeback received by Camelback.
Reactivation: Customers that wish to reactivate a closed or suspended account will be assessed a reactivation fee.
Services Changes: Customers electing to change their services may be subject to an upgrade or downgrade fee.
All Services will automatically renew until Services are cancelled. In order to cancel Services, you must complete and submit our Services Cancellation Form. Camelback billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds for any service.
Cancellation requests must be received by Camelback a minimum of four (4) days prior to the end of your next Billing Cycle for monthly recurring services. For annually recurring services, cancellation requests must be received by Camelback a minimum of thirty (30) days prior to the end of your next Billing Cycle for annual recurring services and/or all monthly or annual dedicated servers. Cancellations submitted later than this time may result in automatic renewal of your Services. Cancellations become effective on the day processed by Camelback. Camelback is unable to cancel your account effective for a future date. Camelback will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Camelback as soon as possible.
Camelback does not monitor, and will not automatically cancel, Services for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Camelback's Services. Cancellation of Services does not relieve the customer from paying any outstanding balance owed on the account. Camelback reserves the right to cancel any account, at any time, without notice, for any reason Camelback considers appropriate.
We will provide a full refund within 24 hours of the purchase date for the initial order for a Software Subscription, Pro Hosting Plan, or Elite Hosting Plan. There are no refunds offered for any additional hosting services, upgrades, or hourly/fee based services. Refunds will be provided in the same payment method of the original payment.
Credit Card Disputes/Chargebacks
Camelback has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Camelback's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Camelback's policies and prices are subject to change without notice. Any price changes become effective immediately.
The following is a very brief summary of the key elements of our Term and Conditions, which are the understandings between you as Client and Camelback Consulting, Inc. (Camelback) as supplier, pursuant to any and all business interactions between us.
Proposals: If we provide a specific proposal for goods and/or services to you, we require an online order or signature and receipt of at least 50% deposit. We will then schedule work to begin on specific deliverables in the Proposal and you agree to pay Camelback for these services. Each Proposal will also set out the Rates for the Services to be performed, and an estimate of the Fees and Expenses to be incurred while performing the Services. Proposals are used for an estimate or assignment confirmation or Purchase Order generation; the Fees and Expenses shown are minimum estimates only. You will be billed for any charges up to 10% over the original estimate. We will notify you if the estimate is over 10% too low, and you determine whether we (1) cease work and receive payment for the work done to date, or (2) whether you authorize more work for which you agree to remit payment.
Expenses: Some Expenses will need to be passed through immediately to you. You shall, if requested, pay in advance such expenses, including but not limited to: photography, printing, illustrations, courier service, shipping charges, software licensing, equipment, travel, and any sales tax. Access to the Internet shall not be provided by Camelback.
Project Credits: Professional services in the form of credits are performed on a time & materials basis. Purchased credits and partial credits are non-refundable. Unused credits can be used for additional professional services within a year from the purchase date.
We are an Independent Contractor in any and all circumstances.
Time for Payment: Client shall pay a 50% deposit to begin each assignment. Any time and material charges that exceed the deposit will be invoiced bi-weekly and is due and payable 30 days from date of receipt. Past due balances are Events of Default. If there is an Event of Default, you agree to pay 1 ½% per month interest, plus all the costs of attorney and collection fees in order to receive payment.
Rights to Deliverables: If you have fully paid for the assignment, you are granted an irrevocable, license to use the Deliverables. We will not provide any unique Client Deliverable in its entirety to another client. However, Deliverables often include common Techniques and Component Elements to other clients. Accordingly, Camelback has set the Fees based on its ability to provide Techniques and Component Elements in the course of this and future engagements for its other clients.
The Client acknowledges that Camelback has set the Fees based upon Camelback's understanding that the Client will use the Deliverables solely for its own internal operations (including those of its affiliates and majority-owned subsidiaries) and not for commercial distribution. Anything to the contrary requires prior written permission from Camelback, and a fee may be required for such privilege.
Testing and Acceptance Procedures: Camelback will make every good-faith effort to test all Deliverables thoroughly prior to submission. The nature of computer programming projects makes impossible for all errors and possibilities to be identified. Camelback will make every good faith attempt to correct errors that reasonably should have been identified, but outside of egregious errors, this repair time shall be billed to Client and shall be paid by Client within established Terms.
Confidential Information: Camelback and Client acknowledge and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that are supplied by the Client to Camelback or developed by Camelback in the course of developing any assignment Deliverables are to be considered confidential information.
Unauthorized Use and Program Licenses: The Client will indemnify Camelback against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of software programs that require such payments.
Warranty of Originality: CLIENT EXPRESSLY AGREES THAT IT WILL INDEMNIFY AND HOLD CAMELBACK HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF CAMELBACK’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
Limitation of Liability: Client agrees that it shall not hold Camelback or his/her agents or employees liable for any incident or consequential damages that arise from Camelback’s failure to perform any aspect of any assignment in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Camelback or a third party. Furthermore, Camelback disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
Personnel: During the term of an engagement and for one year after its termination, if Camelback or the Client shall hire any employee or subcontractor of the other who has been directly involved in providing Services, the hiring party shall pay the other party a fee equal to the amount of the yearly compensation (salary plus bonus) of such employee or subcontractor at the time of his or her departure.
General: All engagements shall be governed by the laws of the State of Texas, cannot be modified or supplemented except in writing signed by both parties, and cannot be assigned by either party without the prior written consent of the other.
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS: THIS LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") IS AN AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND THE OWNER OF THE SOFTWARE ("LICENSOR") FOR THE USE OF LIVESITE™ SOFTWARE ("SOFTWARE"). BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, WHICH COVERS YOUR USE OF THE SOFTWARE AND RELATED SOFTWARE COMPONENTS, WHICH MAY INCLUDE PRINTED MATERIALS AND "ONLINE" OR ELECTRONIC DOCUMENTATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
1. License. Subject to the terms of this Agreement and full payment of the applicable license fees, Licensor hereby grants You a limited, non-exclusive, non-assignable, non-sub licensable (except as set forth in Section 7 below) license to distribute, install, and use verbatim copies of the Software. All rights not expressly granted to You herein are retained by Licensor.
2. Notices. All pages generated by the Software must retain all Software notices and associated hyperlinks. You may modify the positioning and font, as long as the notices and hyperlinks remain readily perceptible to the human eye and function. Beyond these specific stipulations, You may not alter any proprietary notices that are contained in the Software, within the scripts and HTML generated by the scripts, and related documentation as delivered under this License.
3. License Restrictions. You may not: (a) reproduce all or any portion of the Software to any third party; (b) remove any proprietary notices from the Software or any copy thereof; (c) sell, assign, rent, transfer, act as a service bureau, or grant rights in the Software to any other person without the prior written consent of Licensor; (d) export or reexport the Software in violation of U.S. export laws; or (e) use the Software in violation of any applicable law, regulation or ordinance. Further, You may not use the Software or any related services to develop, generate, transmit or store information that: (i) infringes any third party's intellectual property or other proprietary right; or (ii) is illegal.
4. Copyright; Proprietary Rights. The Software is All Rights Reserved © Camelback Consulting, Inc. and is protected by United States and international copyright laws. Except for the limited license granted to You, Licensor reserves all right, title and interest to the Software and all associated icons and graphics, as well as the liveSite™ and Camelback logos and trademarks (collectively, Camelback Marks). Title to and ownership of the Software and Camelback Marks, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Licensor and its suppliers. You shall not take any action to jeopardize, limit or interfere with Licensor's ownership of and rights with respect to the Software and/or Camelback Marks. You acknowledge that any unauthorized copying or use of the Software and/or Camelback Marks is a breach of this License.
5. Delivery and Installation of software versions. Unless otherwise agreed by Licensor in writing, you are solely responsible for delivery and installation of the Software. You may complete delivery and installation of the Software by accessing the Download section of the Camelback website (https://livesite.com/).
6. Modifications to the Software. Subject to the terms and conditions of this License and during the effective term only of this License, You may not alter and/or modify the Software and you may not sublicense the Software to third parties for the sole, limited purpose of altering and/or modifying the Software in accordance with the terms set forth herein. You agree and acknowledge that any alteration or modification of the Software (a) is made and used at Your own risk, and (b) may not directly or indirectly be sold, resold, licensed, distributed or otherwise transferred to any third party or parties. This prohibition applies to both altered Software code and any new code developed by license holders specifically for use with the Software. The foregoing restrictions shall survive the termination or expiration of this License.
7. Your Responsibilities. In addition to the other terms and conditions set forth in this License, You are responsible for providing and maintaining all equipment and Internet connections necessary to install and properly use the Software, including, without limitation, computer hardware and software, modems, and telephone and/or network services. Licensor does not access, control, edit or screen any content transmitted using the Software or related services; therefore, You are solely responsible for the receipt or transmission of any and all content using the Software.
8. Promotional Materials. You agree that Licensor may list the websites you maintain and manage with Software in promotional materials and/or on the Camelback website.
9. U.S. Government Restricted Rights: This Software and documentation are provided with RESTRICTED RIGHTS. If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (b) the Government's rights are limited to those specifically granted to You, the licensee, pursuant to this Agreement.
10. Export Controls. The Software and all underlying information and technology is subject to U.S. export controls, including the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic.
11. Termination. Licensor may terminate this License if You fail to comply with the terms of this License or any applicable agreement relating to professional or other services Licensor may provide to you. You may terminate this License at any time by destroying or removing from all hard drives, networks, and other storage media all copies of the Software. Upon any termination, You must remove the Software from your computer equipment and destroy all originals and copies of the Software in your possession. The following sections shall survive any termination of this agreement and shall be effective in accordance with their terms: 4, 5, 8, and 10 through 17.
12. Indemnity. You agree to indemnify, hold harmless and defend Licensor, at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Licensor arising out of or relating to your (a) violation or breach of any term of this License, or (b) use or misuse of the Software.
13. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LICENSOR, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
14. Limitation of Liability. YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION ALL CONDUCT AND CONTENT ASSOCIATED WITH PUBLISHING A WEBSITE). IN NO EVENT SHALL LICENSOR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSORS'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LICENSOR FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE LICENSOR FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
15. CHANGES TO TERMS. LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. IF THIS AGREEMENT IS REVISED, THE CHANGES WILL BE POSTED THROUGH THE "LICENSE AGREEMENT" LINK IN THE "ABOUT US: LEGAL" SECTION OF LICENSOR'S WEB SITE. A MORE RECENT DATE AT THE TOP OF THE POSTED AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET YOU KNOW THAT A CHANGED AGREEMENT HAS BEEN POSTED. YOUR NON-TERMINATION OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
16. General Provisions. The terms set forth in this License and any related service agreements constitute the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this License shall nonetheless remain in full force and effect. Any term of this License may be amended and the observance of any term may be waived only with the written consent of the parties. The failure of Licensor at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This License shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. Any legal proceeding arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Dallas, Texas. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Licensor must be filed within one (1) year after such claim or cause of action arose or it will be forever barred. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. If You have any questions concerning this License, please direct all correspondence to Camelback through our online contact form.