Ativistar Terms of Service


By using  ativistar.com  vendor's services (“Service”) you are agreeing to the following terms and conditions (“Terms of Service”).

Ativistar reserves the right to update and modify the Terms of Service from time to time without notice. Any new features shall be subject to the Terms of Service. If you continue to use the Service after any such change, this shall constitute your agreement to such changes. You can review the most current version of the Terms of Service at any time at: /terms-of-service/

Violation of any of the terms below will result in the termination of your Account.

 

Service Terms

  • Ativistar is a distributor of Cloud Applications.
  • We bundle locally sourced hardware along with our cloud solutions.
  • All solutions carry their respective Vendor's Warranty. For Warranty terms of our vendors, please refer to the latest warranty terms at the respective vendor's sites.

Account Terms

  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Ativistar will not be liable for any loss or damage that may result from your failure to maintain the security of your account.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).
  • Ativistar reserves the right to refuse service to anyone for any reason at any time.

Payment, Refunds, Upgrading and Downgrading Terms

  • A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  • We will charge you monthly, based on your plan.
  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • If you upgrade or downgrade your plan, your credit card will automatically be charged the new rate on your next billing cycle.
  • Where applicable, Ativistar will accept cheques or bank transfer in the local currency or in USD.

Modifications to the Service and Prices

  • Ativistar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice.
  • Ativistar reserves the right to change the prices of any our monthly plans subject to 30 days notice. Such a notice may be provided on the Ativistar Site (Ativistar.com) or the Service itself.
  • Ativistar shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

  • You can cancel your account at any time by contacting support@ativistar.com and requesting a cancellation.
  • All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
  • If you request cancellation of the Service before the end of your current paid up month, your cancellation will take effect at the end of your month’s term. You must make the cancellation request at least 72 hours before your term’s next renewal date.
  • Ativistar, at its own discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ativistar service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

General Conditions

  • Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  • Technical support is only provided to paying account holders and is only available via email (or live chat for Elite Support customers).
  • You understand that Ativistar uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Ativistar, or any other Ativistar service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ativistar.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ativistar customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Ativistar) of other Ativistar customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
  • If your database usage of Ativistar significantly exceeds the average database usage (as determined solely by Ativistar) of other Ativistar customers, we reserve the right to upgrade your account to a higher plan corresponding to your usage after giving you a notice about the same.
  • Ativistar does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that Ativistar shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ativistar has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Ativistar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ativistar and govern your use of the Service, superseding any prior agreements between you and Ativistar (including, but not limited to, any prior versions of the Terms of Service).
  • Legal Compliance: You will comply with all applicable laws and regulations related to your receipt and use of the Services.  It is your sole responsibility to ensure you have the right to use all features of the Services in your jurisdiction. The Services may not be available in all countries and it may not be available for use in any particular location. We may modify or discontinue Services features to comply with applicable laws and regulations. Ativistar will comply with all applicable laws in the provision of the Services to you.
  • Export Compliance: The Services and Software are subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing the use of Services and Software and will obtain all required local and extraterritorial authorizations, permits or licenses. You and your Users will not use the Services from a UN embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria). The export obligations under this Section shall survive the expiration or termination of this Agreement
  • Questions about the Terms of Service should be sent to info at ativistar dot com.