PAYMENTS & DISPUTES
LetItShine.biz PROVIDES SEVERAL OPTIONS FOR PAYMENT:
LetItShine.biz accepts both checks and money orders.. If your invoice becomes more than 5-days past due (from the invoice Due Date) then LetItShine.biz reserves the right to suspend service or terminate service after 5 days past due until payment is received. In the event a check is returned, LetItShine.biz will charge a returned check fee of $35.00 or, if less, legal limit in your state or country. You are responsible for payment of all bounced check fees. In the event Your invoice is 5-days or more past due (from the invoice Due Date) then LetItShine.biz reserves the right to suspend service or terminate service after 5 days past due until payment is received.
LetItShine.biz reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed. In the event that your account is in late-payment status, the account is considered to be suspended in the respect that LetItShine.biz associates must suspend any action to problem-solve, troubleshoot or perform any manual interactions in the account including new development. Resumption of normal excellent service on the account will begin immediately when the past-due amount is paid and the account is out of suspension status.
In the event you fail to pay your invoice within 30 days of the due date, we reserve the right to suspend your hosting service.
If you are still past due on the 60th day from the due date on the invoice, we reserve the right to terminate your service entirely and delete the data.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
“Overage” is defined as usage of the Services provided by LetItShine.biz to You in excess of the allocated limitation. Overages are charged for SAN, Backup, Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account.
You agree to pay the then-current Overage fees and charges for the LetItShine.biz services, luding backup and bandwidth Overage fees, upon receipt of an invoice.
Overage fees can be avoided by subscribing to a higher service plan.
CANCELLATION AND REFUNDS:
To submit a cancellation request, please contact firstname.lastname@example.org and submit a termination request. When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the hosting account on scheduled date.
Regarding mid-month or mid-period cancellations, LetItShine.biz will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
TERM AND TERMINATION AND MONEY BACK GUARANTEE:
You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the LetItShine.biz billing department.
LetItShine.biz may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, LetItShine.biz shall have no obligation to refund any fees paid in advance by You.
At this time, LetItShine.biz does not offer a refund-based MBG of any kind.
CHARGEBACKS AND PAYMENT DISPUTES:
Under this Terms of Service agreement you must first contact LetItShine.biz to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact LetItShine.biz before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.
PROMOTIONAL OR SPECIAL OFFERS: PRE-PAYMENT OFFERS:
From time to time, LetItShine.biz may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
Any abuse towards any LetItShine.biz employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to LetItShine.biz. Any cursing, yelling, or further intentional disruptive behavior aimed at LetItShine.biz or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards LetItShine.biz or any of LetItShine.biz’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.
LICENSE TO HOST:
You hereby grant to LetItShine.biz a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the LetItShine.biz servers. LetItShine.biz shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the LetItShine.biz servers. You are responsible for any of your content residing on LetItShine.biz’s servers and for the backup thereof.
STORAGE AND SECURITY:
At all times, You bear full risk of loss of any content and software you place on the LetItShine.biz servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges urred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
LetItShine.biz does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through LetItShine.biz’s ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on LetItShine.biz servers. LetItShine.biz shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
“Uptime” refers to the amount of time the Services are available, as measured solely and only by LetItShine.biz’s internal monitoring systems. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by LetItShine.biz’s internal monitoring systems. LetItShine.biz guarantees that it’s Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, LetItShine.biz will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to LetItShine.biz for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
99.1% to 100% will result in a credit of: 0%
98% to 99% will result in a credit of: 10%
95% to 97.9% will result in a credit of: 25%
90% to 94.9% will result in a credit of: 50%
89% or below will result in a credit of: 100%
To receive a credit, You must make a request by sending an email message to markb@LetItShine.biz.com. Each request in connection with this Agreement must lude the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by LetItShine.biz within ten (10) business days after the ident of Downtime. If the unavailability is confirmed by LetItShine.biz, credit will be applied to Your LetItShine.biz account within thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by LetItShine.biz and are Your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majerue are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by LetItShine.biz to provide credit to You:
- Emergency maintenance
- Scheduled maintenance
- System upgrades
- Domain name system (DNS) problems outside of LetItShine.biz’s control
- Issues with FTP, POP, IMAP, or SMTP customer access
- Acts or omissions by You or any of Your employees or agents, resulting in downtime
- Any negligence, willful misconduct, or use of the services in breach of LetItShine.biz’s Acceptable Use Policy
- Expired security certificates
- Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the LetItShine.biz servers.
You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- administer IRC;
- harm minors in any way;
- impersonate any person or entity;
- “stalk” or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, luding, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, luding, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.