Hosting Terms of Service (TOS) and Acceptable Use Policy (AUP)

AGREEMENT

This agreement is between Live Oak Hosting (hereinafter referred to as “LIVEOAK), and the on-line individual or entity who is applying for Internet-related Services, (hereinafter referred to as “CLIENT”). CLIENT agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly canceled by either CLIENT or LIVEOAK. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT’s knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.

AUTHORIZATIONS

CLIENT will use LIVEOAK’s services in a manner consistent with all applicable local, state, and federal regulations and laws. CLIENT agrees to pay and authorizes LIVEOAK to charge all fees due using the payment information provided by CLIENT at the time of application.

DISCLAIMER.

LIVEOAK will not be responsible for any damages suffered by CLIENT. LIVEOAK’S service is provided on an “as is, as available” basis. LIVEOAK gives no warranty, expressed or implied, for the LIVEOAK’s services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LIVEOAK and its employees. Any damages incurred by CLIENT due to disruption of service by LIVEOAK or its LIVEOAKs shall be expressly limited to the fees paid by CLIENT to LIVEOAK for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.

INDEMNIFICATION.

CLIENT agrees that it shall defend, indemnify, save and hold LIVEOAK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against LIVEOAK, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. CLIENT agrees to defend, indemnify and hold LIVEOAK harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a LIVEOAK server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

LIVEOAK expects that its CLIENTS will fully comply with all applicable laws. A customer’s failure to comply with those laws will violate this policy. Finally, LIVEOAK wishes to emphasize that in accepting services, CLIENTS indemnify LIVEOAK for the violation of any law or LIVEOAK policy that results in loss to LIVEOAK or the bringing of any claim against LIVEOAK. This means, among other things, that if LIVEOAK is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against LIVEOAK plus costs and reasonable attorneys’ fees.

CLIENT RESPONSIBILITIES.

Effective use of LIVEOAK’s services presumes a certain degree of knowledge and skill on the part of the CLIENT. For example, it is presumed that CLIENT possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, and web-browsing. Creating and publishing a web site on LIVEOAK’s servers will require some knowledge of either HTML programming or the use of HTML editors. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. LIVEOAK will not be held responsible for CLIENT’s inability to use LIVEOAK’s services due to CLIENT’s lack of the requisite knowledge and skills.

DOMAIN NAME REGISTRATION.

Domain name registration is a separate and independent service from domain and web hosting.

CLIENT accepts sole responsibility for monitoring and maintaining the status of CLIENT’s domain name registrations, as well as payment of all applicable domain name registration and renewal fees. LIVEOAK does not monitor the registration status of domain names hosted with other registrars. LIVEOAK’s services are independent of account usage and domain name records, and remain in effect (and billable) regardless of the status of CLIENT’s domain name record.

LIVEOAK will provide reasonable assistance to CLIENT in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying CLIENT with the necessary information to effect registration or modification of CLIENT domain.

POSSESSORY LIEN.

LIVEOAK maintains a possessory lien on CLIENT’s domain name and files from the date that any associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of CLIENT’s domain name and/or files shall be at the sole discretion of LIVEOAK.

NOTIFICATIONS.

LIVEOAK relies on e-mail as the primary means of notifying CLIENTs of important system news, problems with CLIENTs’ accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to CLIENT domain’s primary e-mail address and/or to the contact e-mail address provided by CLIENT upon application for services. CLIENT agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. CLIENT agrees to notify LIVEOAK of any changes to CLIENT’s physical or e-mail address, telephone numbers, etc.

POLICY CHANGES.

These policies may change with 30 days written notice. Such notice will be sent to the CLIENT’s primary e-mail address on file. CLIENT agrees to comply with these policies in their current and future state. CLIENT agrees to periodically review published policies to ensure understanding of and compliance with current policies.

REFUSAL OF SERVICE.

LIVEOAK reserves the right to refuse or cancel service at LIVEOAK’s sole discretion, with or without reason, with or without warning.

ACCEPTANCE.

CLIENT expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by LIVEOAK, CLIENT shall abide by all Terms and Conditions stated herein.

JURISDICTION.

CLIENT agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of LIVEOAK’s physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of LIVEOAK’s residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney’s fees and court costs.

ACCEPTABLE USE POLICIES

USER-SUPPLIED CONTENT.

All services may be used for lawful purposes only. Through LIVEOAK’s Service, CLIENT may have access to chat areas, forums, web pages, email, or other services that enable CLIENT to send or post materials (”content”) and make that content available to others. CLIENT must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, CLIENT may not submit, publish, or display any content that violates any US Federal, State, or Local law. CLIENT is solely responsible for the content made accessible through the Network. CLIENT may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

LIVEOAK is not obligated to monitor the network to examine available content. CLIENT hereby acknowledges that if LIVEOAK is made aware of content that is determined to be, in LIVEOAK’s sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, LIVEOAK has the right, but not the obligation, to edit, remove or deny access to such content. LIVEOAK may disclose any content or records concerning CLIENT’s account as required to satisfy any law, regulation, governmental request or court order.

Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to LIVEOAK’s servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk e-mail service is not allowed.

EXAMPLES OF PROHIBITED SERVICES.

The following content and activities may not be displayed or promoted by CLIENT nor associated in any way with CLIENT’s account or LIVEOAK’s services. LIVEOAK shall be the sole arbiter as to what constitutes violation of this provision.

  • Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law.
  • Copyrighted material used without permission.
  • Material or activities judged by LIVEOAK to be threatening, obscene, disparaging, or hate-related.
  • Material protected by trade secret or other statute.
  • Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere.
  • Content that promotes any illegal or prohibited activity.
  • Content that may be damaging to LIVEOAK’s servers or to any other server on the Internet.
  • Pirated software (warez).
  • Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or LIVEOAKs.
  • IRC, IRC Bots, IRC BNC, etc.
  • Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
  • Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to LIVEOAK and/or any CLIENT in any way.
  • Illegally distributed MP3 media.
  • Harassing, annoying, or otherwise interfering with any person’s, group’s, or organization’s use or enjoyment of the Internet experience.
  • Links or reference to any of the above.

COPYRIGHT INFRINGEMENT

It is LIVEOAK’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

NETWORK SECURITY

CLIENT may not use LIVEOAK’s Network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the CLIENT, logging into a server or account the CLIENT is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. CLIENT may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. LIVEOAK will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI/PERL APPLICATIONS.

Each account comes with its own cgi-bin. CLIENT is free to use any CGI script (or PERL, PHP, or other supported scripting language) desired; however LIVEOAK reserves the right to disable any CGI script that adversely affects normal server performance or network integrity. CGI-script sharing with domains not hosted by LIVEOAK is not allowed.

CRON ACCESS.

Cron access is enabled for all accounts. Cron submissions are subject to periodic review and may be modified or terminated if the resulting actions are found to be damaging to server performance. Any changes made to CLIENT cron by the LIVEOAK will be documented and sent to the CLIENT through their e-mail address on file.

SERVER RESOURCES

Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level, moving to a less-utilized server, or reducing the resource used to an acceptable level.

INTERNET RELAY CHAT (IRC).

IRC, IRC bots, BNC, or MUDs may not be operated on LIVEOAK’s servers.

UNSOLICITED E-MAIL (SPAM).

LIVEOAK’s servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. CLIENT’s domain may not be referenced or traceable in any way as a result of any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of LIVEOAK’s network or equipment. LIVEOAK reserves the right to refuse and/or cancel service to known spammers. LIVEOAK reserves the sole right to determine what constitutes violation of this provision.

SPAM is any unsolicited e-mail, post, or facsimile in the newsgroup, e-mail, fax, or other electronic medium. Any unsolicited commercial email (no matter how relevant or important it may be) is spam; any unsolicited bulk email (commercial or not) is also spam. Mass and unsolicited are not concurrent conditions for spam. One and/or the other is sufficient. In the medium of newsgroups, spam is considered to be any off-topic posting and/or any identical posting to multiple newsgroups. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

Any spam complaints received about CLIENT domains are addressed seriously. After investigation, if it is deemed by LIVEOAK that spamming practices have indeed been utilized on LIVEOAK’s servers, LIVEOAK reserves the right to terminate a domain account immediately with no refund and to assess a $250 penalty per spam incident. CLIENT expressly accepts LIVEOAK’s right to assess this penalty and agrees to its assessment and payment.

SERVER ABUSE

Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.

Please note that while CGI/PERL scripts and/or mySQL code can unintentionally cause server malfunction, LIVEOAK will make the final determination if the code was maliciously programmed. If the code was programmed incorrectly but not out of apparently malicious intent, LIVEOAK will disable the program, but not cancel CLIENT’s account.

BANDWIDTH OVERAGES

LIVEOAK offers a report through its web control panel that is updated daily (4AM Central) to display the current traffic usage for each domain. Should the CLIENT exceed their allocation of bandwidth, an email will be sent the following day indicating the overage. At that time, the client has the option of purchasing additional bandwidth on a one-time or annual basis (annual is discounted). Failure to pre-purchase bandwidth at that time will incur an invoice on the next billing cycle based on the current per-gigabyte bandwidth fees. An account is never terminated for exceeding its bandwidth allocation. A daily email will be sent from the day the bandwidth allocation for the month has been exceeded until either A) additional bandwidth is purchased or B) the last day of the month is reached.

TECHNICAL SUPPORT

While LIVEOAK will make every reasonable effort to help CLIENTs with all of their questions, there are some times when LIVEOAK must either refer CLIENT to the manual, or confess an inability to help. It is impossible for LIVEOAK to support all of the countless 3rd party programs and configurations that are available to web developers and users today.

In general, technical support is limited to server-side issues such as: Password changes, server failure, general account feature usage questions, e-mail issues. LIVEOAK cannot be held responsible for client-side applications, however will work within reason to configure, troubleshoot, and enable said applications.

RESOLD WEB SPACE

CLIENT may subdivide and give away or resell for profit web space and other services on CLIENT’s account to other users. CLIENT’s clients must adhere to these policies and guidelines, too. Any infraction from CLIENT domain, regardless of the source, shall be treated as a violation by the CLIENT. If an infraction is serious enough (server tampering, spam, etc.), CLIENT account can and will be cancelled without refund, without warning.

Monitoring Resold Server Space. It is up to the CLIENT as a reseller to monitor resold web space. LIVEOAK cannot apply server space restrictions to any directory.

Technical Support for Resold Web Space. CLIENT shall be the only point of contact for resold web space. LIVEOAK will not support CLIENT’s clients directly.

CANCELLATION POLICY

CLIENT bears all responsibility for ensuring effective cancellation of CLIENT account. This responsibility includes providing effective and authenticated notification to LIVEOAK of CLIENT’s desire to cancel an account. This responsibility shall not be waived or modified by LIVEOAK or CLIENT in any way at any time subsequent to the submission by CLIENT of an application for LIVEOAK account. LIVEOAK will act immediately to implement CLIENT’s cancellation notice, providing the terms of this cancellation policy have been followed.

For SHARED or CLOUD hosting accounts, CLIENT must provide effective notice of cancellation prior to the payment in order to avoid charges for future hosting periods. All charges will cease immediately upon LIVEOAK’s receipt of notice of cancellation. No refunds shall be provided for unused services if the current account is paid on a monthly recurring basis. If an account is charged annually, the account will revert to month-to-month terms (offsetting the annual discount) and a refund will be provided for the unused portion if it exceeds 30 days from the end of the annual renewal period.

For DEDICATED SERVER hosting accounts, 30-days notice is required to avoid charges for future hosting periods. If notice is given between payments, a prorated invoice for partial months will be issued. No refunds shall be provided for unused services if the current account is paid on a monthly recurring basis. If an account is charged annually, the account will revert to month-to-month terms (offsetting the annual discount) and a refund will be provided for the unused portion if it exceeds 30 days from the end of the annual renewal period.

All cancellation requests are processed and confirmed via email by LIVEOAK within 24 hours of receipt of the cancellation request. Requests for cancellations to take effect on some future date and time will not be accepted — submission of the cancellation request form shall be assumed to be authorization for immediate account cancellation. At the time of cancellation, all services related to the account will be terminated, and all files remaining on the account will be permanently deleted from LIVEOAK’s servers.

If CLIENT does not receive confirmation of cancellation, cancellation can not be assumed to have been effected. It is CLIENT’s responsibility to ensure that a cancellation confirmation is forthcoming from LIVEOAK. The purpose of requiring confirmation of cancellation is to protect both CLIENT and LIVEOAK from inaccurate claims of cancellation and notification.

If CLIENT has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve CLIENT of any outstanding financial obligations.

LIVEOAK does not monitor account usage or the status of domain name records on LIVEOAK’s servers. If CLIENT transfers CLIENT domain without notifying LIVEOAK of a desire to cancel the account, or if CLIENT allows domain registration to expire without renewal, CLIENT will continue to be charged/billed, even if LIVEOAK learns that CLIENT domain has been transferred or expired. LIVEOAK’s services are independent of account usage and domain name records, and remain in effect regardless of the status of CLIENT’s domain name record.

Cancellation notice must be submitted in writing either by snail mail (see mailing address below) or email (sent to support@liveoakhosting.com) from the address on file with the account. Canceling from within the CLIENT’s billing area is also acceptable. Phone cancellations cannot be accepted as official cancellation notice, and CLIENT will be instructed to submit their request by one of the methods listed above.

If a client pays for annual service then cancels before the end of the year’s worth of service, any refund due will be based upon our monthly cost for that period of time not to exceed the amount of the annual price already paid.

SECURITY

LIVEOAK implements the latest technology for providing a secure and encrypted environment for information protection. There is no guarantee that the information on the Internet is absolutely secure and may never be destroyed. CLIENT agrees to indemnify and hold LIVEOAK harmless in case of information loss or loss of privacy.

LIVEOAK is not responsible for any damages arising from CLIENT’s use of or by CLIENT’s inability to use the server, web hosting packages, or any other services for any reason.

LIVEOAK is not liable for and does not guarantee the protection or privacy of electronic mail or information transferred through the Internet or any other public network.

BACKUPS AND RESTORES

As a courtesy, LIVEOAK maintains a remote backup service on most shared hosting accounts for WEB CONTENT ONLY (not email) for 24 hours. CLIENT may request a backup-restoral of files for a one-time charge based on $100 per hour in one-hour increments. LIVEOAK makes a good faith effort to ensure that backups are complete and accurate; however there is no guarantee of data availability or integrity. LIVEOAK is not responsible for CLIENT’s files. CLIENT is solely responsible for their independent backup of data stored on LIVEOAK’s server and network. In some cases, backups may not be available for requested accounts or files. CLIENTs are strongly advised to periodically and frequently backup data to their own local computer.

OWNERSHIP

LIVEOAK maintains control and ownership of any and all IP numbers and addresses that may be assigned to CLIENT and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

CLIENT shall keep the rights of ownership and use of CLIENT’s domain name registration and files even if client changes LIVEOAKs, with the following exception: LIVEOAK maintains a possessory lien on CLIENT’s domain name and files from the date that associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of CLIENT’s domain name and/or files shall be at the sole discretion of LIVEOAK.

In case of disputes regarding authority over domain names, LIVEOAK will follow industry standard practice of giving ultimate authority to the domain name registrant.

LIVEOAK maintains control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and/or provided by LIVEOAK.

BILLING & PAYMENT

AUTOMATIC CREDIT CARD PAYMENTS

Accounts that pay by credit card are automatically billed 15 days prior to the beginning of each new hosting period. In the event that credit card payments are declined by the issuing financial institution, LIVEOAK will make every reasonable effort to contact CLIENT by e-mail to request another form of payment. If LIVEOAK does not receive a response to this notice within 15 days of service renewal, CLIENT’s account will be considered past due and subject to account suspension and/or cancellation as described in the PAST DUE ACCOUNTS section below.

Notifications will be sent via e-mail to the primary e-mail account of the hosted account and/or to the account contact e-mail address as provided at the time of application. CLIENT agrees to notify LIVEOAK of any changes to CLIENT’s physical and e-mail addresses, telephone numbers, credit card numbers, and credit card expiration dates.

CREDIT CARD EXPIRATION

CLIENT agrees to provide updated payment information upon the expiration of the credit card on file for the account. LIVEOAK will notify CLIENT by e-mail when a recurring charge is declined due to an expired credit card. If no response is received, LIVEOAK will adjust the expiration date to some future period and attempt the charge again. If the charge continues to fail, the account will be subject to suspension and/or cancellation, as described in the PAST DUE ACCOUNTS section below.

MAIL-IN CHECK PAYMENTS

Mail-in check payments are discouraged; automatic, recurring credit payments are the preferred method of billing. Invoicing and check payment options may be granted to CLIENT at LIVEOAK’s sole discretion. Additional fees may apply and/or available discounts may be revoked or reduced. LIVEOAK also reserves the right to establish minimum invoice amounts and/or frequencies.

Invoices will be e-mailed to the primary contact e-mail address for the account. CLIENT agrees to notify LIVEOAK of any changes to CLIENT’s physical and e-mail addresses to ensure proper receipt of invoices and other correspondence.

Mail-in check payments are due prior to the start of the hosting period for which the invoice has been issued. Past due accounts will be subject to account suspension and/or cancellation, as described in the PAST DUE ACCOUNTS section below.

All checks should be made payable to Live Oak Hosting, and mailed to:

Live Oak Hosting
PO Box 80001
Austin, Texas 78708

RETURNED (BOUNCED/NSF) CHECKS

CLIENT agrees to pay a $25 fee for each returned check. Hosting payments plus the returned check fee must be received by LIVEOAK prior to expiration of the current hosting period to avoid account suspension or cancellation. LIVEOAK will no longer accept check payments from any CLIENT with two instances of returned checks.

PAST DUE ACCOUNTS

If payment is not received by the due date, LIVEOAK will send at least 1 notification via e-mail to CLIENT’s primary contact e-mail address. Claims of email addresses on file not being valid cannot be used as an excuse of not having received notification. It is the CLIENT’s responsibility to keep all account information on file up to date for billing and notifications purposes. If CLIENT does not respond to that notification, the following actions will be taken:

  • Account Suspension: Due Date + 7 Days. If CLIENT’s account is not paid in full by the 7th day after the due date, CLIENT’s account will be disabled — all web, e-mail, FTP, and other access to the account will be non-functional. The account will be reactivated within 24 hours of the disablement, upon receipt of payment plus a $10 late fee.
  • Account Cancellation: Hosting Period Start Date. If payment is not received by the hosting period start date, the account will be queued for automatic cancellation and deletion. After 7 days, the account is “officially” canceled and all files associated with the account are permanently removed from the servers. At this point, the account cannot be reactivated, but CLIENT can request a “new” account for the domain.
  • Late Fee. A late fee of $10 will be assessed on any services not paid by their due date.

INTENTIONAL CLIENT REVOCATION OF PAYMENT

If CLIENT mistakenly initiates a credit card charge-back, check stop-payment, or any other form of payment revocation, CLIENT agrees to pay a $50.00 processing fee in addition to the original payment.

The intentional issuance of credit card charge-backs, check stop-payments, or any other attempt by CLIENT to revoke a payment or payments with the intention of circumventing any section of this agreement shall constitute criminal fraud. In such a case, CLIENT shall be subject to criminal penalties as well as civil penalties equal to the greater of 1) three-times actual damages, or 2) $500.

In addition to the aforementioned monetary damages, CLIENT agrees to pay LIVEOAK’s attorney’s fees, court costs, and all other direct and incidental costs arising out of LIVEOAK’s efforts to enforce this clause.

WAIVER / MODIFICATION OF POLICY

LIVEOAK may (or may not) choose to waive or modify the enforcement of this Past Due Accounts policy if CLIENT contacts LIVEOAK prior to the payment due date to discuss alternative payment methods. LIVEOAK always sends at least two e-mail notifications prior to account suspension. CLIENT must respond to those notifications in order to avoid automatic implementation of the above actions.