THESE ARE THE TERMS OF SERVICE
which govern your hosting transaction. They explain what we
provide and what we do not provide. All hosting accounts are
covered by a 30-Day Guarantee.
NO SITES THAT:
Include, promote, or link to violence or illegal
activities.
Include, promote, or link to material that
promotes or depicts discrimination based on sexual orientation,
race, gender, religion, national origin, physical or mental
disability, or age.
No FFA scripts.
And absolutely NO SPAMMERS. We will terminate
your account immediately, without notice. Spammers also
waive any refund deemed applicable in the terms of service
below.
Any site found in violation of these terms
will be deleted from the server. If you do not fall in the
above categories, your site likely is fine to host with
us. Make sure you read the terms of service below if you
have any questions. We do not actively police sites that
we host, however if your site is reported to be in violation
of our terms of service or US law then we have no choice
but to terminate your site or suspend it until you have
made the appropriate corrections to be in compliance with
our terms of service.
If you have any questions or need clarification
on the terms below, feel free to call us toll free at 1.888.293.HOST
(4678)
1.
Introduction
This
document (the “Agreement”) sets forth the principles,
guidelines and requirements of the Terms of Service of HostLots.com
and Lundstrom Enterprises Incorporated (the "Company")
governing the use by the customer of services and products ("Services
and Products"). These Terms of Service have been created
to promote the integrity, security, reliability and privacy
of Company's facilities, network, and Customer data contained
within. The Company believes it provides the best services in
the industry, and provides the following policies in the best
interests of the Company and the Company's clients. The Company
retains the right to modify these Terms of Service at any time
and from time to time and any such modification shall be automatically
effective as to all customers when adopted by Company and published
here. Company shall be the sole and final arbiter as the interpretation
of the following. By utilizing the Company's services and products,
the Customer agrees to be bound by the terms herein outlined.
Questions
or comments regarding this document should be forwarded to the
Company at the following address: sales@hostlots.com
Facsimile:
1.888.293.4678
2.
Compliance with the Law
Customer
shall not post, transmit, retransmit or store material on or
through any of Services or Products which, in the sole judgment
of the Company (i) is in violation of any local, state, federal
or non-United States law or regulation, (ii) is threatening,
obscene, indecent, defamatory or that otherwise could adversely
affect any individual, group or entity (collectively, "Persons")
or (iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not limited
to, the installation or distribution of "pirated"
or other software products that are not appropriately licensed
for use by Customer. The Customer agrees to indemnify and hold
harmless the Company from any claims resulting from the use
of the services which damages the Customer or any other party.
Customer shall be responsible for determining what laws or regulations
are applicable to its use of the Services and Products.
3.
Prohibited Uses of Services and Products
In
addition to the other requirements of these Terms of Service,
Customer may only use the Services and Products in a manner
that, in the Company's sole judgment, is consistent with the
purposes of such Services and Products. If Customer is unsure
of whether any contemplated use or action is permitted, please
contact the Company as provided above. By way of example, and
not limitation, uses described below of the Services and Products
are expressly prohibited.
3.1.
General
3.1.1
Examples of unacceptable content or links include pirated software,
"hacker" programs, archives of "Warez Sites",
game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of
illegal software or shareware.
3.1.2.
Violations of the rights of any Person protected by copyright,
trade secret, patent or other intellectual property or similar
laws or regulations, including, but not limited to, the installation
or distribution of "pirated" or other software products
that are not appropriately licensed for use by Customer.
3.1.3.
Actions that restrict or inhibit any Person, whether a customer
of Company or otherwise, in its use or enjoyment of any of the
Company's Services or Products.
3.2.
System and Network
3.2.1.
Introduction of malicious programs into the Company's network
or server (e.g., viruses and worms).
3.2.2.
Effecting security breaches or disruptions of Internet communication.
Security breaches include, but are not limited to, accessing
data of which Customer is not an intended recipient or logging
into a server or account that Customer is not expressly authorized
to access. For purposes of this Section 3.2.2., "Disruption"
includes, but is not limited to, port scans, flood pings, packet
spoofing and forged routing information.
3.2.3.
Executing any form of network monitoring which will intercept
data not intended for the Customer's server.
3.2.4.
Circumventing user authentication or security of any host, network
or account.
3.2.5.
Interfering with or denying service to any user other than Customer's
host (for example, denial of service attack).
3.2.6.
Using any program/script/command, or sending messages of any
kind, designed to interfere with, or to disable, a user's terminal
session, via any means, locally or via the Internet
3.2.7.
Creating an "active" full time connection on a Company-provided
account by using artificial means involving software, programming
or any other method.
3.2.8.
Any attempt to circumvent or alter monitoring, bandwidth tracking
or utilization reporting, or other actions which have the effect
of complicating the normal operational procedures of the Company,
including but not limited to altering, removing or in any way
modifying or tampering with Company created log files.
3.2.9.
Any action which the Company determines, in its own judgment,
will reflect poorly on the Company or negatively impact its
operations.
3.2.10.
Any action which the Company deems to be an unacceptable use
of resources, business practice or otherwise unacceptable to
the Company.
3.3.
Billing
3.3.1.
Furnishing false or incorrect data on the order form, contract
or online application, including fraudulent use of credit card
numbers.
3.3.2.
Attempting to circumvent or alter the processes any billing
procedures or procedures to measure time, bandwidth utilization,
or other methods to document "use" of the Company's
Services and Products.
3.3.3. Unless by special arrangement, your credit card will
be automatically charged the fee you agreed to at signup on
the anniversary of the plan you purchased.
3.3.4
Cancellations must be received 10 days before your account is
scheduled for billing. Cancellations received 9 days or less
before your scheduled billing will be automatically renewed.
There are no refunds for cancellation requests submitted before
the above time frame.
3.4.
Mail
3.4.1.
Sending unsolicited commercial email messages (UCE), including
the sending of "junk mail" or other advertising material
to individuals who did not specifically request such material,
who were not previous customers of Customer or with whom Customer
does not have an existing business relationship ("email
Spam").
3.4.2.
Sending UCE referencing an email address for any domain hosted
by the Company;
3.4.3.
Sending UCE referencing a domain hosted by the Company;
3.4.4.
Sending UCE referencing an IP address hosted by the Company;
3.4.5.
Posting advertisements on IRC, ICQ, or any other public chat
system containing an email address hosted by the Company, a
domain hosted by the Company, an IP address belonging to the
Company;
3.4.6.
The Company will be the sole arbiter as to what constitutes
a violation of these provisions.
3.4.7.
Harassment, whether through language, frequency or size of messages.
3.4.8.
Unauthorized use, or forging, of mail header information.
3.4.9.
Solicitations of mail for any other E-mail address other than
that of the poster's account or service with the intent to harass
or to collect replies.
3.4.10.
Creating or forwarding "chain letters" or illegal
"pyramid schemes" of any type.
3.4.11.
Use of unsolicited email originating from within the Company's
network or networks of other Internet Service Providers on behalf
of, or to advertise, any service hosted by the Company, or connected
via the Company's network.
3.4.12.
Activities deemed to be unsolicited marketing efforts or otherwise
harassing in any way.
3.4.13.
Customer will be charged a $500.00 penalty charge for each instance
of a verifiable UCE or Spam email that is reported to the Company
and faces immediate account suspension and/or termination, as
well as is liable for all legal fees, including court costs
and attorney fees associated with collecting the penalty listed
in section 3.4.13.
3.5.
Customer Support
3.5.1.
The Company promotes a mutually-professional relationship with
its customers. Abusive, threatening, obscene or otherwise harassing
communications with agents of the Company, via telephone, email,
online chat or other means will result in immediate account
termination not withstanding any other terms of this agreement.
Violation of this or any section of this Agreement will result
in refund ineligibility.
3.5.2.
The Company cannot support third party softwares like Mailman,
XMB, PHPBB, Microsoft Frontpage™ or any other third party
systems that we provide or you install on you own. We will try
in most cases to help with general issues to get you running,
but we are not responsible for any breakage that may occur as
a result of us supporting or your customization of these systems.
4.
Bandwidth & Utilization
In
addition to the other terms of this agreement, which apply to
all plans, bandwidth and utilization, by its nature, is subject
to a number of differing and/or additional terms.
4.1
The Company provides the space and transfer in good faith to
our Customers so that they may create their Websites without
the fear of running over their Web traffic allocation. While
most Customers will use the space and traffic for their legitimate
Web site needs, we recognize that others may try to take advantage
of our offer and use the space and traffic in ways for which
it is not intended. In the best interests of our Customers and
in an effort to maintain the integrity of our service, the following
common sense rules will apply:
4.1.1.
Customer's site must use and store only the information and
data that relates to the Website, at the IP address provided
by the Company.
4.1.2.
Customer may not resell or give away Web space under a domain
name, nor may Customer build Websites that house "sub domain"
Websites on behalf of other companies, groups or individuals.
Customers who wish to resell the Company's Web space should
utilize the Company's Reseller Program;
4.1.3.
Customer may not use Customer's Website to store Web pages,
files or data for other IP addresses or domain names, nor may
Customer use its Website as a repository for file, data or "Warez
group" download transfers. The Company reserves the right
to make this determination, in its sole and absolute discretion;
4.1.5.
The Company does not permit sites where 20% or more of the monthly
traffic is from file downloads, or sites that use more than
10% of system resources, or sites which in the Company's view
are detrimental to the enjoyment of the Company services by
the Company's other clients, or are in the sole and final judgment
of the Company.
The
Company may take whatever steps necessary to provide its services,
and to provide for the enjoyment of such services by all of
the Company clients, and to ensure that certain clients do not
utilize services to the detriment of other clients. Customers
with Web sites that do not comply with these simple rules, or
who seek to take advantage of the Company unlimited storage
or traffic plan in any other way, will, at the discretion of
the Company , have their sites canceled and/or removed from
the servers and have service charges assessed at the discretion
of the Company .
The
Company will be the sole and final arbiter as to Websites or
usages of resources that constitute violation or intent to violate
our policies. Those Customers found in violation of these policies
are subject to a $300.00 service charge for each instance of
violation, exclusive of charges for the bandwidth and/or other
resources utilized. Websites which the Company must suspend
or cancel due to violation of these rules are not eligible to
receive a refund for unused service, and are subject to charges
for bandwidth and usage of resources at twice the standard rate
for such resources. Acceptance of these Terms of Services, and/or
use of Company's services constitutes an acceptance of any fines,
penalties or service charges which might arise out of violation
of these policies.
5.
Terms and Termination
For
the purposes of Section 5 of this agreement, the term "Thirty
Day Guarantee Period" shall be defined as the period extending
from the date a Customer signs up his or her first domain with
the Company through the thirtieth (30) day following the initial
signup of the first domain enrolled.
5.1..
Cancellations requested within the Thirty Day Guarantee Period
are eligible for a full refund, less setup fees, domain registration
fees and add-on-service fees which are non-refundable. Cancellations
requested outside the Thirty Day Guarantee Period are not eligible
for a refund in part or in full.
5.1.1.
Cancellation requests will only be accepted via email or phone
call originating from the contact details of that account holder
listed in the HostLots customer database. Any other form of
cancellation request in not acceptable.
5.2.
Customer will not receive a refund for any other reason, including
but not limited to: late cancellation, slow connection caused
by Customer's ISP/network, Customer's ignorance, InterNIC delays,
account termination for violation of policies
5.3.
By submitting a credit card or ACH information on the order
form, Customer agrees to authorize all recurring charges to
the account and any other balances incurred due to overages
of limits, additions of extras to the account, service charges
and/or any other fees, and to be bound to the terms of this
Agreement.
5.4.
Customer will not receive a refund for any setup fees or any
other fees, including the transaction fees and refund transaction
fees charged by any credit card, ACH, Online check, PayPal,
or any other payment processor, unless otherwise determined
by the company.
5.5.
Customer will be charged a $5 reactivation/unsuspension fee
for each site suspended due to a billing-related issue.
5.6.
Customer shall pay the fees and other charges for Products and
Services ordered from Company as published at time of order.
Company reserves the right to change rates without notice; any
changes in price will take effect upon renewal of the existing
hosting account, immediately for new purchases.
5.6.1.
Customer agrees that the Company reserves the right to change
its fees, features, and discount offerings and the Customer
agrees to be bound by any changes of fee, feature, and/or discount.
5.7.
The Company reserves the right to terminate this agreement,
and to delete the Website from its hardware, immediately upon
the occurrence of any of the following events:
5.7.1.
Non payment of any charges due from Customer;
5.7.2.
Breach of any term or condition of this agreement by Customer;
5.7.3.
Commencement of any lawsuit or proceeding against Customer arising
from or relating to its use of the Website, whether or not such
suit names the Company as a party or seeks any recovery from
the Company.
5.7.4.
Payment for any charges is due at the time of signup and renewal
respectively. All payments must be in U.S. Dollars. Accounts
which have balances outstanding shall be deemed to be in default
and subject to termination of service. Customer shall be responsible
for all costs of collection, including reasonable attorney's
fees and court costs, in event of a default for nonpayment of
any amounts due the Company.
5.8
If customer has received a free domain name from HostLots, Instapro,
OnlineNic or any HostLots affiliate site and is granted web
hosting services in advance but neglects to pay their bill for
such advance services, the domain will be immediately recovered
and ownership of the domain, regardless of trademark, will be
surrendered to HostLots.com.
5.8.1
Recovery of surrendered Domain names - If your Domain has been
seized for non-payment, full payment of the late or advance
hosting charges must be paid to HostLots along with a $100 release/transfer
of ownership fee. Customer then has full administration rights
of said Domain.
5.8.2
HostLots will only seize a Domain if a customer is delinquent
on payment for more than 60 days and customer has agreed in
writing via email or otherwise to make payments for advance
hosting services but has in fact not paid for these services
as agreed.
5.8.2 HostLots will not seize a Domain if a customer has decided
to move to another host and canceled their hosting in accordance
with the cancellation policy.
5.9
If a customer has received a free Domain name as part of their
hosting contract, but takes advantage of the 30 day money back
guarantee, the Domain fee of $29.95 will be subtracted from
the total original payment. This covers the company's cost to
the appropriate registrar. The registry does not grant refunds
once a domain has been registered, therefore we cannot offer
them to our users for a registered Domain.
6.
Indemnification of Provider/Relationship of Parties
6.1.
Customer agrees to indemnify and hold the Company harmless from
any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising from
or relating to Customer's Website provided hereunder.
6.2.
Nothing contained herein shall be deemed to create a relationship
between the Company and Customer in the nature of a partnership,
joint venture, editor/publisher or otherwise. Both parties acknowledge
and agree that the Company has no interaction with the data
or substance of Customer's Website, except as necessary to maintain
the Website.
7.
Security/Software
7.1.
Customer agrees to take all steps reasonable, necessary, and
prudent to protect Customer's login ID and password.
7.2.
Customer agrees not to attempt to undermine or cause harm to
any server, software, system or customer of the Company.
7.3.
Customer agrees to maintain Customers' computing equipment responsibly,
including running virus software.
7.4.
Uploading a virus to a Company server will result in account
termination, service charges and/or prosecution.
7.5.
Customer acknowledges that the Company cannot provide technical
support for any software and/or script that the Customer installs,
other than variable name changes. Customer also acknowledges
that the Company does not supply technical support for Microsoft
FrontPage, other than initial configuration. The Company supplies
technical support for Web hosting issues only. The Company shall
be the sole arbiter as to what constitutes a "Web Host"
issue.
8. Violation
Any
attempt to undermine or cause harm to the Company server or
another customer's Web presence is strictly prohibited. Any
violation of the above Terms of Service will result in grounds
for account termination, with no refunds given; the Company
reserves the right to remove any account without prior notice.
Violation of these Terms of Service may result in legal action,
service charges or a combination thereof.
9.
Confidentiality
Customer
acknowledges that by reason of their relationship, both the
Customer and the Company may have access to certain products,
information and materials relating to the other part’s
business, which may include business plans, customers, software
technology, and marketing plans that are confidential and of
substantial value to either party, respectively, and which value
would be impaired if such information were disclosed to third
parties. Consequently, both the Company and the Customer agree
that it will not use in any way for its own account or for the
account of any third part, nor disclose to any third part, any
such information revealed to it by either part, as the case
may be.
The
Customer and the Company further agrees that each will take
every appropriate precaution to protect the confidentiality
of such information. In the vent of termination of this agreement,
there shall be no use or disclosure by either party of any such
confidential information in its possession, and all confidential
documents shall be returned to the rightful owner, or destroyed.
The provisions of this section shall survive the termination
of the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to injunctive
relief, which relief will not be contested by the Customer or
the Company.
10.
Refusal of Service
10.1.
The Company reserves the right to refuse or cancel service in
its sole discretion with no refunds.
10.2.
If any of these Terms of Service are failed to be followed it
will result in grounds for immediate account deactivation.
11. Disclaimer
11.1.
USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S
SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS
THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE
LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT
THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED
OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES
AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION
SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S
SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON
DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
11.2.
THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS
MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM,
INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT
LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND
CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
11.3.
The Company reserves the right to revise or change these Terms
of Service at any time.
11.4.
This Agreement shall be governed in all respects under the laws
of the State of Colorado applicable to contracts made, accepted
and performed wholly in Colorado, without application to principles
of conflict of laws, and the Customer and the Company agree
that the sole venue and jurisdiction for any disputes arising
from this Agreement shall be the appropriate federal or state
court located in the State of Colorado.
12.
Domain Registration Agreement, ICAAN Policies
For
domain name registrations obtained by the Customer through the
Company, in addition to this Agreement and notwithstanding any
other term of this Agreement, you agree to be bound by the terms
and conditions of the Registration Agreement of Internet Order
Your Name ("OYN") as amended from time to time (the
"OYN Agreement") and which may be viewed at http://instapro.net
and clicking on "legal agreements" at the bottom of
the page, and you agree to be bound by all policies of and all
agreements between OYN and the Internet Corporation for Assigned
Names and Numbers or Network Solutions, Inc. (ICAAN)as amended
from time to time. Without limiting the generality of the foregoing,
you agree that any dispute with respect to your domain name
will be subject to the provisions of the domain dispute policy
located at http://instapro.net
and clicking on "legal agreements" at the bottom of
the page as such policy is amended and revised from time to
time.
12.1.
Customer acknowledges that all fees billed for domain registration
will be billed directly to the Customer's credit card by 2 Checkout.com,
HostLots.com, GlowFish Web Solutions or Wild West Domains.
12.2.
By registering a Domain name through the Company, the Customer
is establishing a relationship with either Instapro.net (Wild
West Domains) or HostLots (OnlineNic.com) separate from the
Company and this Agreement.
12.3.
The Company is the Domain name hosting business. All customer
accounts are setup with the understanding that the Customer
will transfer authoritative DNS control of the domain hosted
to the Company, i.e., the Company requires the Customer to update
the domain name registration of any domain hosted by the Company
to list the Company's domain name servers as the hosting entity.
The Company does not provide extended access to its network
through non-authoritative DNS means for any purpose other than
initial account setup. Third-level domains are provided for
30 days after account creation and may not be used as a primary
means of access to an assigned web space
13
By receiving hosting services from HostLots, you are bound to
all terms stated in this contract and orders who have not indicated
they have read and agree these terms of service will be denied
hosting services by HostLots. This verification is submitted
at time of order.
Mini FAQ
Q. Do you place ads
on my website?
A.Never! This is paid hosting. Your site is for you, and you alone.
If you would like to link us, we are always happy for the link,
but in no way do you have to link us or display any ads or pop-ups
on your site. This is 100% ad-free hosting.
Q. I qualify for a free Domain name.
Do you register the name in your name or mine?
A. Yours! We do not resort to such trickery as other hosts out
there. The domain is 100% yours, registered in your name, and
is yours to host wherever you want, HostLots or not. The Domain
is yours, absolutely free.
........................................
Mini FAQ
Q. Do you have a
money back guarantee?
A.Yes! e offer a 30 day, no questions asked guarantee. If you
are not satisfied with us for any reason during the first 30
days of service with HostLots.com you may request a refund.
For more on this please see here.
Q. Do you offer "paper billing?"
A. Yes! It is not in the traditional sense however. We have
a client login area where you may review all you current and
past invoices, and print out a "printer-friendly"
sales receipt and invoice for your company and personal tax
purposes.
Mini FAQ
