Liquid Web Tariff

Liquid Web, L.L.C.
COMPETITIVE LOCAL EXCHANGE CARRIER
Regulations and Schedule of Intrastate Charges

This Tariff contains the definitions, regulations, descriptions, and rates applicable to the provision of competitive access provider telecommunications services provided by Liquid Web, L.L.C, with offices at 2703 Ena Drive, Lansing, MI, 48917 for services within the State of Michigan.

Any provisions contained in this Tariff that are inconsistent with the foregoing mentioned will be deemed inoperative and superseded.

TABLE OF CONTENTS

PREFACE

2.1 Undertaking of the Company 
2.1.1 Scope
2.1.2 Shortage of Equipment or Facilities
2.2 Terms and Conditions
2.2.1 Content
2.2.2 Housing Files
2.2.3 Commercial Advertising Email
2.2.4 Advertising & Promotions Limitations
2.2.5 Server Abuse
2.2.6 Password Security and Account Authorization
2.2.7 Technical Support
2.2.8 Beyond Scope Support
2.2.9 Company provides Bundled Bandwidth Packages for Internet Data Transfer
2.2.10 CDN (Content Delivery Network) Bandwidth and Overage Fees
2.2.11 Dedicated Server Support
2.2.12 Scheduled Maintenance and Downtime
2.2.13 Refunds
2.2.14 Account Setup, Termination, and Billing
2.2.15 Event of Default by Customer
2.2.16 Company’s Remedy Upon Default; Termination
2.2.17 Cancellation Procedure
2.2.18 Courtesy Services for Customers
2.2.19 Promotional Use
2.2.20 Microsoft Software License Policy
2.2.21 Limitation of Damages or Liability
2.2.22 General
2.2.23 Dispute Resolution
2.2.24 Indemnification

CHECK SHEET
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF

The following symbols shall be used in this tariff for the purpose indicated below:

C  To signify changed regulation.
D  To signify discontinued rate or regulation.
I   To signify increased rate.
N  To signify new rate or regulation.
R  To signify reduced rate.
T  To signify text change

APPLICATION OF TARIFF

This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate end-user telecommunications services by Liquid Web, L.L.C., hereinafter referred to as the Company, to customers within the State of Michigan.

Please note that Liquid Web, L.L.C, does not offer any telecommunication services to end users.

SECTION 1 DEFINITIONS

Authorized User A person, firm, corporation or other entity who is authorized by the Customer to be connected to the service of the Customer under the terms and regulations of this tariff.

Company Used throughout this tariff to refer to Liquid Web, L.L.C., unless otherwise clearly indicated by the context.

Customer The person, firm or corporation that orders service from this Tariff and is responsible for the payment of charges and compliance with the Company’s regulations.

Facilities The facility is defined to be the existing building at 221 North Washington, Lansing MI.

United States The 48 contiguous states and the District of Columbia, Hawaii, Alaska, Puerto Rico, the US Virgin Islands, as well as the offshore areas outside the boundaries of the coastal states of the 48 contiguous states to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States.

SECTION 2 REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope

The Company undertakes to provide competitive access provider services telecommunications services to business Customers and carrier Customers within the State of Michigan, in accordance with the terms and conditions set forth in this Tariff.

The Company is a Competitive Local Exchange Carrier as a requirement by its Incumbent Local Exchange Carrier for Company to maintain equipment in its data center for Company’s web hosting services ("Services”).

The Company’s Services are provided on a monthly basis unless otherwise provided, and are available twenty-four (24) hours per day, seven (7) days per week, and three-hundred and sixty-five (365) days per year.

At its sole discretion, the Company may employ third parties to perform any of its obligations for the Services it provides under this Tariff.

The Company is responsible under this Tariff only for the Services provided here-under, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own Services, or to communicate with its own customers.

No term or provision in this Tariff shall be waived, unless such waiver or consent is in writing and signed by the Company and the applicable customer. No consent by the Company or customer, as applicable, to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to or waiver of, any subsequent breach or default.

If any provision of this Tariff shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render the terms of this Tariff unenforceable, but rather this Tariff shall be construed as if not containing the invalid or unenforceable provision.

2.1.2 Shortage of Equipment or Facilities

(A) The Company reserves the right to limit or to allocate the use of existing Facilities, or of additional Facilities offered by the Company, when necessary because of lack of Facilities, or due to some other cause beyond the Company's control.

B) The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary Facilities and is limited to the capacity of the Company's Facilities as well as Facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company.

2.2 Terms and Conditions

As provided in Section 2.1.1 above, Company provides web hosting services (“Services”) to customers. Within this Section 2.2 are Company’s terms and conditions of service for dedicated hosting (“TOS”). Company’s TOS are found at the Terms and Conditions page and may be amended from time to time. Customers are bound to the TOS published at the web address at the time the order for Services is placed.

Dedicated Hosting Terms of Service

Company provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

2.2.1 Content

All services provided by the Company, are to be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold the Company harmless, from any claims resulting from the subscriber's use of the Company's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.

The Company will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

2.2.2 Housing Files

Housing of any of the following files is considered a violation of the terms of service:

  • IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
  • Proxies - We do not allow proxy servers of any kind, whether for personal or business use.
  • Files with references to any proxy or likeness thereof are prohibited.
  • PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.
2.2.3 Commercial Advertising Email
  • Spamming, i.e. the sending of unsolicited email, from any Company server or any server located on the Company network is STRICTLY prohibited. Company will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Company.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Company customers must be Closedloop ("Confirmed Optin"). The subscription confirmation message
    received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Company hosted domain, or referencing any Company account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mailbombing, textbombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  • All commercial email marketing companies must adhere to the Controlling the Assault of NonSolicited
    Pornography And Marketing (CANSPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.
2.2.4 Advertising & Promotions Limitations

In the following scenarios Company clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Company. This limitation includes what is allowed to be stated on your website, to customers, in
promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Company.

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
  • Any illegal or unlawful activity
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
2.2.5 Server Abuse

Any attempts to undermine or cause harm to a Company server or subscriber of Company is strictly prohibited including, but not limited to:

  1. Logging into a server or account that you are not authorized to access
  2. Accessing data or taking any action to obtain services not intended for you or your use
  3. Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  4. Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  5. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  6. Interfering with, intercepting or expropriating any system, data or information
  7. Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it bedone by you or by others.

All subnetworks of Company and all dedicated servers must adhere to the above policies.

2.2.6 Password Security and Account Authorization

Company provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Company will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

2.2.7 Technical Support

Company Support includes access to technical support provided via phone, email and livechat. Company has three levels of Support from Fully Managed, Core Managed and Self Managed. Details for each level of support are provided on the Support page.

Company's technical support is strictly limited to the direct customer of Company and not to indirect client. For example, a client of the Company Customer is not entitled to Support from Company and should at no time be given Account Access, Passwords, or Passphrases for Company's Support. It is the obligation of the Company customer to ensure compliance with this policy.

2.2.8 Beyond Scope Support

Company will, when possible as a courtesy to its customers, provide Beyond Scope support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Beyond Scope Support means that when possible Company technicians will provide their best effort to help support our customers. Beyond Scope Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Beyond Scope Support.

2.2.9 Company provides Bundled Bandwidth Packages for Internet Data Transfer

When purchasing a Bundled Bandwidth Package your outgoing bandwidth transfer will be used to calculate your bandwidth usage. Incoming data transfer will not be counted towards your bundled bandwidth usage. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order. Currently the bandwidth overage fee is the same as the stated Pay As YouGo outgoing bandwidth charge. ($0.25 per Gig)

Incoming data transfer is currently free.

2.2.10 CDN (Content Delivery Network) Bandwidth and Overage Fees

When choosing to use our Content Delivery Network (CDN) to accelerate your website as well as images/videos/etc on that website you
are responsible for all bandwidth costs associated with delivery of your content over the public internet. This responsibility includes bandwidth costs incurred due to piracy. Company makes options readily available that can prevent overage charges caused by “hotlinking.”
When using a CDN, all assets are assigned a CDN URL. There are individuals, or 3rd party sites, that target these asset URLs and serve them without the site owner’s permission. We strongly recommend that you take steps to protect yourself, your content, and your invoice from hotlinking. Due to a range of customer preferences, Company does not enable hotlinking protection measures by default. It is recommended that you take measures to protect yourself such as:

  1. Constantly monitor bandwidth utilization and verify alerts containing information on abnormal CDN bandwidth usage
  2. Implement proactive measures to make accessing your site’s source code more difficult
2.2.11 Dedicated Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of the Company. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

  • $50/hour
2.2.12 Scheduled Maintenance and Downtime

Company will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Company's control or which are not reasonably foreseeable by Company, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Company will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Company has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

2.2.13 Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via Company's free domain registration method.

Any violation of Company's Terms of Service Agreement shall result in no refund.

2.2.14 Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Company.

Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penaltyfee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

2.2.15 Event of Default by Customer

(Disabling of accounts due to overdue payment). If the Customer fails to pay an invoice within 14 days of the date of that invoice, Company reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to reenable your account.

2.2.16 Company’s Remedy Upon Default; Termination.

In addition to all rights and remedies granted to Company in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Company shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Company all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

2.2.17 Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket ( manage.liquidweb.com ) or email sent to support@liquidweb.com (email subject to valid proof of account ownership). Company is not able to schedule cancellation requests. Customer is responsible for any fees incur forServices to customer if no formal cancellation request is submitted.

2.2.18 Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. The Company is not responsible for lost data or for lost data due to third party software that is not maintained by Company programming staff. (Cpanel is not associated with Liquid Web, L.L.C.)

2.2.19 Promotional Use

Company may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by Company may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Company website. This reference will be strictly limited to disclosure that Company has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Company. However, Company may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Company under this Agreement shall not be deemed .Work For Hire,. but Company shall grant a nonexclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Company.

2.2.20 Microsoft Software License Policy.

Microsoft, as well as Company company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Company purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through Company. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Company licensed Microsoft products. Any questions regarding this policy can be addressed to sales@liquidweb.com

2.2.21 Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, COMPANY PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND COMPANY SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

2.2.22 General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and the Company.

By opening an account, or by the use of any Company service, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by the Company administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated, Full Dedicated server plans, Storm Server Plans or Colocation plans.

Any violation of these Terms of Service will result in termination of the account. Company maintains the right to terminate accounts without prior notification.

In the case that a customer is terminated for violating one or more of the Company Terms of Service, Company reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Company may at its own discretion allow access to a terminated account. If Company agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.

2.2.23 Dispute Resolution

Any dispute between Company and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

2.2.24 Indemnification

Customer agrees to indemnify and hold harmless Company, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Company may from time to time, at the request of the Customer, be enlisted to perform server administration tasks on Customer hardware which is colocated at Company Facilities. This service shall be referred to as "Remote Hands". Customer agrees to indemnify and hold harmless Company, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any incidental damages caused to Customer hardware in the performance of Company remote hands server administration.

SECTION 3 DESCRIPTION OF SERVICES AND RATES
3.1 Legal Descriptions and Maps

The Company hereby mirrors the Map and Legal Description tariffs of the exchanges, by Incumbent Local Exchange Carrier, listed below to identify its service territory. Any future modifications to these exchange boundaries or legal descriptions of these boundaries will be automatically mirrored by the Company on a going forward basis. If not mirrored, new detailed maps and legal descriptions on an individual exchange basis will be filed with the MPSC for approval.

Exchange 

Lansing 

Incumbent Local Exchange Carrier

AT&T Michigan

3.2 Rates

The Company does not maintain a published list of rates. The rates for Company’s Services are established on an individual customer basis.

Issued under authority of the Michigan Public Service Commission in an order dated July 16 2009, in Case No. U15961.

Issued: March 16, 2016

Effective: March 17, 2016

Nick Cappelletti, Network Engineer
2703 Ena Drive, Lansing MI 48917
Telephone: (517) 3223174, Email: network@liquidweb.com