terms of Service
Last Updated: Oct 01, 2021
Application of Terms
These TOS apply to all Services provided by American Hosting Live to you throughout the entire Term or Renewal Term. Collectively these documents are referred to herein as the “TOS.” They are referred to by their individual names if a particular paragraph applies to that document alone.
The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and American Hosting Live. Sending an Order to American Hosting Live constitutes acceptance by you of these TOS.
In these TOS we mention certain legal rights you have, if you are a Consumer. These TOS do not affect or change these legal rights.
Acceptance of Order by American Hosting Live
In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the American Hosting Live Client Area, or by contacting our customer support team via chat, phone or ticket. You acknowledge and agree that all conversations with our customer support team shall be recorded and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s).
Your Order will be deemed to be an offer by you to purchase the for Service(s) from us subject to these TOS No Order shall be deemed to be accepted by American Hosting Live until we send you an email notification of our acceptance of the Order.
The date on which American Hosting Live will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.
You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with American Hosting Live.
If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms “you” or “your” shall refer to such legal entity. In the event that American Hosting Live establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.
By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with American Hosting Live and you are not subject to trade sanctions, embargoes, and other restrictions.
You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization. Please refer to our Privacy Policy for further information about how we use your data.
Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, American Hosting Live will reimburse you for all pre-paid fees within seven (7) working days as of the date of American Hosting Live’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.
Data Processing Agreement
In order to purchase and use our Service(s) you will be required to provide personal data. For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.
By uploading and storing content on our servers you acknowledge and agree that American Hosting Live shall act as a data processor regarding your content.
Services
For the purposes of these TOS “Service” or “Services” means any and all services provided by American Hosting Live under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages).
The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.
To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. American Hosting Live may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by American Hosting Live in order to ensure the quality and security of the Services.
The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.
We may assign an Internet Protocol (“IP”) address for your use. You shall have no right to use that IP address except as permitted by American Hosting Live in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by American Hosting Live. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by American Hosting Live shall be used by other customers as well.
We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it may be available as an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection.
Fees And Payment
You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.
The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between American Hosting Live and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. American Hosting Live reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.
Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to American Hosting Live. Domain name registration fees must be paid in full before your domain name registration will be processed.
In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize American Hosting Live to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to American Hosting Live, we will not be liable for non-provisioning the Service(s).
In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.
You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any American Hosting Live Service(s) you purchase or renew.
Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the American Hosting Live Client Area.
You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.
In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by American Hosting Live, including without limitation, any court and legal fees and American Hosting Live’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.
Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
Invoices are due immediately upon receipt. American Hosting Live reserves the right to suspend and/ or terminate the Services until payment is made.
By accepting these TOS, you hereby authorize American Hosting Live to send you invoices electronically at the email address specified in your Client Area. If you would like to receive a paper invoice, please contact us through your Client Area.
Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.
If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
Renewal Policy
All our Services are by default set to renew automatically. You can adjust the renewal settings and/or renew Services manually from the American Hosting Live Client Area at any time before a Service is terminated.
All available Renewal Terms and the respective Renewal Fees are set out in your Client Area. From time-to-time special promotions may be available only for manual renewal of your Services.
We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):
If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your Client Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that American Hosting Live shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.
Money Back Policy
There are no refunds on our Services. Because we have 24 hours trial period to check our services. And there is no difference between trial service & regular services. If our regular service does not work like a trial service, please contact us before opening any dispute. We will solve or refund you quickly.
Upgrade/Downgrade of Services
You can choose to upgrade or downgrade the Hosting Services at any time.
You can request an upgrade or downgrade through our HelpDesk.
Change of TOS
American Hosting Live may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your Client Area. American Hosting Live shall not be liable for your failure to receive an email notification due to an inaccurate email address.
If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.
To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and American Hosting Live, unless you have sent us a termination notice.
Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.