LAHostNet Terms and Conditions
- Introduction: LaHostNet provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. We also need to ensure the integrity and privacy of our systems and network, as well as the networks and systems of others. The following guidelines were designed to ensure these obligations are met and to maintain our image and reputation as a responsible organization.This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by LAHostNet (the “Services”). As used in this Agreement, “LAHostNet” means LAHostNet.com, the website, business, owners and employees and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the LAHostNet site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “LAHostNet” refers to the Site located at the URL http://www.lahostnet.com , or any other successor Sites owned or maintained by LaHostNet.
- Content: All services provided by lahostnet.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, International or other countries, Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless lahostnet.com from any claims resulting from the use of the service which damages the subscriber or any other party.All pornographic content and sex-related merchandising is prohibited on all lahostnet.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. lahostnet.com will be the sole arbiter in determining violations of this provision. Allowances are made for ‘art’ related nudity and sexual inference though lahostnet.com will be the sole arbiter as to whether it may appear on a server run by lahostnet.comAlso prohibited are sites that promote any illegal activity or present content that may be damaging to lahostnet.com servers or any other server on the Internet. Links to such materials are also prohibited.Examples of unacceptable content or links:Pirated software
Hacker programs or archives
Racist or ‘Hate’ related material
Information related to the misuse of credit cards, phones, computers.lahostnet.com will be the sole arbiter as to what constitutes a violation of this provision.Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, webbots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.It is implied that subscribers have a basic knowledge of the Internet and it’s inherent protocols. lahostnet.com denies any responsibilities for any damages arising as a consequence of a lack of knowledge in the maintenance and condition of a subscriber’s account or website. lahostnet.com does however accept a responsibility to provide support to it’s subscriber’s and all reasonable efforts will be made to assist subscribers in the working maintenance of their account.This condition also relates to the overuse of bandwidth for a subscriber’s account. In the unlikely event of an overuse of bandwidth the subscriber agrees to discuss options regarding the rectification of this issue. Unlike many hosting companies we do not place an ‘unlimited’ amount of bandwidth anywhere on our site only to place a capped limit within these terms and conditions. All accounts are clearly marked on the Plans page with their basic bandwidth (or data transfer) allocation. Unlimited bandwidth is a myth – we choose not to be dishonest about it. Bandwidth overuse will not directly result in suspension or closure of an account as long as a resolution can be found before your next monthly billing period.
- Email or Newsgroups Spamming: The sending of mass, unsolicited messages by e-mail or any form of electronic transmission. This is commonly known as spamming. Even though some people mistakenly expand the term to cover any advertisement at all, spamming specifically refers to bulk sending of unsolicited messages. They don’t even have to be an advertisement or commercial in nature. If they are unsolicited and delivered in masses, they are spam and prohibited.The prohibition extends to using any outside or third party resources to spam, harvest addresses for spamming, or helping promote the practice in any way, including the distribution of software for the purpose of spamming. Customers are responsible for the actions of anyone using their account (except for the criminals who break into systems at the server level). Spamming causes a theft of resources, considerable problems at the server level when thousands of e-mails are returned or received in complaint, and is a despicable practice. We will not tolerate spammers at all on our system.Spamming from an lahostnet.com server or using an email address or domain that is maintained on an lahostnet.com machine as reference is STRICTLY prohibited. In addition the uploading and/or use of scripts designed for the use of spamming are forbidden and will constitute a breach of this AUP. lahostnet.com will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this condition will have their account closed with no refund at all for any fee paid to lahostnet.com immediately. Our servers have in place detection software that will recognize known scripts used in the mass unsolicited e-mailing (spamming) of other accounts – you will be caught. Such e-mail received by lahostnet.com is always forwarded to the proper authorities.
- Misuse of System Resources: Customers may not run background processes (daemons, IRC, etc.) on shared servers. Even with a limited number of accounts, background processes consume an excess of resources since they run all the time and it’s just not fair to others on the server. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.Any attempt to knowingly undermine or cause harm to a server, or customer, of lahostnet.com is strictly prohibited.This includes, but is not limited to: using programs that consume excessive CPU time (generally 10% or more of system resources); If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice.Allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer’s own account; resale of disk space within your account, use of servers for excessive backup of files unrelated to the web site of the account; or resale of remote access to CGI scripts installed on our servers. Further, You may only have a total of 5 concurrent mysql connections, also databases which exceed 10MB can result in suspension or termination of account.Operation of IRC servers or IRC bots such as Egg Drop on our servers will result in an immediate suspension of service, with no refund for any fee paid to lahostnet.com.Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the web server. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. LaHostNet reserves the right to suspend accounts without notice to clients who violate these terms. LaHostNet has sole discretion over what constitutes excessive usage.What does LAHostNet consider ‘CGI ABUSE’?:Any site whose CGI or PHP programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. LAHostNet is the sole determinant of what constitutes degraded server performance.Due to their use of flat files instead of databases, LAHostNet does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. LAHostNet suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.’Client site must use and store only the information and data that relates to the web site, at the IP address provided by the Company.Client may not resell or give away web space under a domain name, nor may customers build web sites that house “sub domain” web sites on behalf of other companies, groups or individuals.
- Availability of Service:LAHostNet.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. lahostnet.com also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the subscriber, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the subscriber. Use of any information obtained by way of lahostnet.com is at the subscriber’s own risk, and lahostnet.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. lahostnet.com expressly limits its damages to the subscriber for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.Currently our servers operate at above 99% uptime. 24/7 support and sales available by email only, allow 48 hrs for all replies.
- Limitation of Liability LAHostNet.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from LAHostNet.com’s servers going off-line or being unavailable for any reason whatsoever. Further, LAHostNet.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of LAHostNet.com’s servers. All damages shall be limited to the immediate termination of service. The customer agrees to indemnify and hold harmless LAHostNet.com from any claims resulting from the use of our services.
- LAHostNet.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. LAHostNet.com reserves the right to terminate an account at any time and for any reason that causes harm to any LAHostNet.com customer’s web sites. LAHostNet.com reserves the right to delete all content and files upon termination. LAHostNet.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. LAHostNet.com reserves the right to refuse, cancel, or suspend service at our sole discretion.LAHostNet.com reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org All complaints will be investigated promptly.
- Payments All charges are shown in US Dollars. Payments are to be made in US dollars and must be drawn from a US bank. LAHostNet accepts the following types of payment:Check or Money Order (Annual payments)
Credit Card (VISA, MasterCard, American Express, Discover) through 2checkout.com and PayPalAll payments are due on the Account Statement Date. The Account Statement Date is the term anniversary of the date the account was activated. If you provide LAHostNet your credit card information, you authorize LAHostNet to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with this LAHostNet Billing Policy. You are responsible for directly updating, or notifying LAHostNet, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.Customers not making payment on domain names at renewal forfeit their rights to said domain after 60 days non-payment.Accounts that are thirty (30) days past due will be automatically suspended and deleted.All past due and unpaid balances are subject to collection. Just because you applied to your credit card company for a refund, doesn’t mean you deserved it. All credit card disputes or Paypal chargebacks (regardless of when the transaction occurred) are subject to account termination and additional charges. If you use our services, we are entitled to payment. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
- Credit Card Disputes/Charge-backs LAHostNet has a zero tolerance policy for charge backs. Any customer who disputes a credit card payment or Paypal chargebacks (regardless of when the transaction occurred) is subject to a fine, suspension and account termination at LAHostNet’s discretion. A charge of $25.00 per charge-back will be assessed to all accounts that receive a charge-back.
- Cancellation: Cancellation can be made via our contact page. Although no notice is required, and there is no cancellation fee, all fees paid for service prior to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration, and is dependent upon adherence to the conditions of this agreement.Prior to cancellation of your account it is STRONGLY advised you download and make a local copy of your website. lahostnet.com will accept no liability for damage caused through the closure of an account either due to client request, or misuse of accounts. lahostnet.com will not be held responsible for the loss of data due to the closure of a subscriber’s account and/or deletion of data.
- Your responsibilities Include: Contact us if you have questions about anything. We cannot possibly cover every thing that could arise. We don’t try to list them all and never could. Most people act responsibly and know what’s right and wrong. If you have any doubts, ask us first.Youmust keep a copy of all your files and databases (recommended even though we create and maintain backups for your site). Hard drives fail, things happen, and keeping a copy is a smart precaution and aids in restoring a site. You can download a site backup from your User Panel, created every day.You have total responsibility for the content of your site.
PLEASE Protect access to your account! This includes protecting your login and password, and any computers you use to access your account, especially if the password is accessible on them. Keeping your contact and billing information with us current. The client is responsible for securing their username/password. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of LAHostNet’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of LAHostNet.com to provide this knowledge or support outside matter specific to LAHostNet.com’s servers.
- Taxes: Client will pay and indemnify and hold LAHostNet harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
- IP numbers: LAHostNet.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
- Domain Names: If Client chooses to register a domain name(s) through LaHostNet.com, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. LAHostNet does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
- Age: clients must be 18 years of age to obtain our services.
- Refusal of Service: All accounts within lahostnet.com’s service must adhere to the above policies. Please direct any reports of violations of the above policies to lahostnet.com’s administration. Failure to follow the terms or conditions may be grounds for immediate account deactivation. We enforce these terms and conditions according to the greater good of the internet community at large, and have written them accordingly
- Change of Conditions: lahostnet.com retains the right to alter and amend these terms and conditions as required and without notification in the interest of our subscribers. All changes to this page will be applicable to previous versions. Where information regarding the terms and conditions of lahostnet.com become relevant this page will hold precedence over any other version, either printed, electronic or verbal. In the event of a conflict this page will be considered valid above others.