Terms, Conditions and Acceptable Usage Policy

Last Updated: 01/25/2013

This agreement represents the complete agreement and understanding between, LLC, and the account holder (hereinafter referred to as Customer or Client) and supersedes any other written or oral agreement., LLC may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered at any time. It is the responsibility of the customer to review these terms and conditions periodically.

If at any time you do not agree to these terms and conditions, please notify our Billing Department so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.

The provider service is provided on an "as is, as available" basis., LLC makes no warranties of any kind, whether expressed or implied, for the service it is providing., LLC also disclaims any warranty of merchantability or fitness for a particular purpose., LLC will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

As a web hosting provider,, LLC is dedicated to offering a high level of service to all customers. Therefore, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. The following constitute examples of unacceptable uses of, LLC's services, which will result in suspension, or termination of the customer's account, at any time, without prior notice.

Financial Arrangements
Client agrees to at least a one (1) month contract (hereinafter referred to as contract period), beginning upon, LLC's receipt by email.

First contract period payment plus hosting and setup charges, if any, shall be due upon receipt of contract.

This agreement will automatically renew for successive contract periods unless canceled in writing at least one (1) calendar week prior to the contract renewal date. It is the Client's responsibility to make arrangements for contract renewal payments prior to the expiration date of their current contract. One week prior to each contract anniversary date,, LLC will bill the Client for next contract renewal period. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.

A 15% late fee will be assessed to any account more than five (5) days past due. Contracts not paid in full within twenty-five (25) calendar days of contract renewal date, will be subject to immediate suspension and/or termination.

Refund Policy
A full refund (minus any setup and domain registration fees) will be granted to any client who chooses to cancel within thirty (30) days of service, beginning upon, LLC's receipt of payment. After thirty (30) days, absolutely no refunds for cancellation will be granted. Neither by termination of service by, LLC nor termination of service by client. Refunds will not include setup fees. Domain registration fees are never eligible for refund, as a domain name cannot be cancelled. If you receive a free domain name with your cancelled package, the cost of the domain registration will be subtracted from the refund amount. If you exceed your limits, or break any rules posted in this policy during the first month of service, you will not be eligible for a refund.

Taxes, LLC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or, LLC's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by, LLC by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with e-mail without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an e-mail address available to the public does not constitute a request to receive messages. Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited e-mail. Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first our Abuse Administrator.

The client must be eighteen (18) years of age to enter into a contract with us.

Abuse of the legal rights of others
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers., LLC supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party,, LLC will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law, LLC's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited., LLC reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography and/or sex-related merchandising, will not be tolerated.

Abuse of, LLC's Server Resources
Running programs in the background on a, LLC's server without, LLC's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of, LLC's servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Further, You may only have a total of 25 concurrent mysql connections, also databases which exceed 10MB can result in suspension or termination of account.

Hacking/Cracking, LLC reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact our Abuse Administrator.

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, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop. 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.

Proxy/VPN Servers
The use of proxy servers or Virtual Private Networks (VPN) is strictly prohibited on servers hosted with, LLC. While we understand that many people have a legitimate use for a VPN, in this day and age, the primary use of such services has become spamming, phishing, and other illegal activities. Therefore, such services have become a liability, and cannot be allowed to harm the integrity of our networks.

Client Responsibility
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 is responsible for securing their username/password. 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, LLC'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. 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, LLC to provide this knowledge or support outside matter specific to, LLC's servers unless paying for such service.

Full backups are made weekly, and incremental backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content, DB's, Mail, etc. If loss of data occurs due to an error of, LLC,, LLC will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client,, LLC will attempt to recover the data from the most recent archive for a $50.00 fee.

IP Addresses, LLC maintains control and any ownership of any and all IP addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP addresses at any time.

No Resale
The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever.

Limitation of Liability, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from, LLC's servers going off-line or being unavailable for any reason whatsoever. Further,, LLC 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, LLC's servers. All damages shall be limited to the immediate termination of service., LLC shall be the sole arbiter of what is and is not a violation of these acceptable use policies., LLC reserves the right to terminate an account at any time and for any reason that causes harm to any, LLC customer's web sites., LLC reserves the right to delete all content and files upon termination., LLC reserves the right to withhold any pre-paid funds for any site removed for violations of these policies., LLC reserves the right to refuse, cancel, or suspend service at any time, and without prior notice., LLC 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 our Abuse Administrator.

All complaints will be investigated promptly.