Hosting Policy - Terms of Services Offered

Web Site Hosting And Email Use Policy

We provide our services as-is, as-available, and make no warranty nor hold no responsibility for loss of data, revenue or costs associated with these.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.

You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to Lake Metro Web - J.Spradlin must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Acceptable Use

Lake Metro Web - J.Spradlin's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the Lake Metro Web - J.Spradlin Hosting Acceptable Use Policy and Terms of Use. Your account will be terminated without notice and you may forfeit any an all of the moneys that have been paid to Lake Metro Web - J.Spradlin.

Examples of content that is not acceptable on Lake Metro Web - J.Spradlin Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's", cgi-based message boards.

You specifically agree to indemnify and hold Lake Metro Web - J.Spradlin harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, software or password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

"Hacking" content may be deemed acceptable if used in a "how to test and prevent" context. Please contact our staff if you have any questions on this.

Under no circumstances, may you have child pornography or any content that may be considered illegal within the boundaries of the United States.

Denial of Service Attacking
We have a zero tolerance policy on deliberate Denial Of Service attacks, either against our servers, or from our servers.
If your account is found to be deliberately causing Denial of Service to our servers, or any other server or equipment, then you will be held liable for damages, including but not limited to labor to diagnose and repair service, at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)

If intentional DOS attacks, brings down our servers, causes interruption to our network, or causes our network provider to block our services, then the responsible party will also be financially accountable for downtime of services. Damages are at a rate of $500 per hour until service is restored.

Spam
SPAM will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of advertising."
Purchased lists of email addresses, are NEVER allowed.

SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN lists that people have signed up for FROM YOUR SITE. Spam complaints about users will not be tolerated.

Anyone caught intentionally spamming, or purposely opening relay ports for spamming will be terminated immediately, and will be held financially responsible for labor of an engineer to repair any and all damages at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)

If intentional spamming gets any of our severs put on an email blacklist, the responsible party may also be financially accountable for downtime of mail services due to not being able to send email. Damages are at a rate of $500 per hour until service is restored.

This is meant purely to protect our regular clients.

Phishing will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of retrieving personal or access information." This is by any accounts illegal and those found to be participating will be reported to authorities. Customers permitting or allowing this activity will be held financially responsible for labor of an engineer to repair any and all damages at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)

Mailing Lists
If you maintain an opt-in mailing list with your web site(s), you MUST include:
1) A working opt-out procedure for your members members, that is in plain sight in every email.

2) A mechanism to handle email bounces, to remove an email after 4 unsuccessful mailings in a row.

3) No "purchases" lists. If you are running a newsletter of people that have opt-ed in at your site, great. If someone signed up looking for a business opportunity at some other site, this is not acceptable, nor is it responsible mailing. This will be considered spam.

If your using a mailing list, you may protect yourself further, by including in each email, information used at time of opt-in, like date and IP address. At no time are customers to use Lake Metro or hosted domain SMTP mailserver settings for sending out mailings.

IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and all content within your account.

Service Availability
Our server will maintain a 99.9% uptime, if this uptime is not met, Lake Metro Web - J.Spradlin may allow a service refund at our discretion, and upon client request. Lake Metro Web - J.Spradlin however cannot be held responsible for network issues between your location and the server.

We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Server Backups
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time. Backups are typically made on a secondary hard drive on the same server, therefore cannot be stored off site.
If restoration of files, or database is required, please submit a support request. Restore request may take more time than most other support requests.

We offer up to two free, full, or partial restores per client, per month. Resellers with many customers may be allotted more at Lake Metro Web - J.Spradlin's full discretion.

Termination
If a site violates these terms in any way, shape, or form, the site will be deleted from our network. If allowed back on, and a second violation occurs within a 90 day period the site will be blocked from our network. Our warning schedule is below.

First Warning
When you (or your clients) upload illegal content, or misuse Lake Metro Web - J.Spradlin's systems in any way, you (or your clients) are knowingly violating the terms of service. You may receive a first warning at our discretion. When you violate these terms you know what you are doing is against our policies. We reserve the right to bypass the first warning and suspend the account in question.

Questionable Situations
If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy.

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, or allow your sub-accounts to do so, we may terminate this agreement forthwith upon written notice.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

Accounts may be cancelled by the user or Lake Metro Web - J.Spradlin with or without prior notice.

Legal
Lake Metro Web - J.Spradlin expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Lake Metro Web - J.Spradlin policy. Finally, Lake Metro Web - J.Spradlin wishes to emphasize that in signing the service agreement, subscribers indemnify Lake Metro Web - J.Spradlin for any violation of the service agreement, law, or Lake Metro Web - J.Spradlin policy, that results in loss to Lake Metro Web - J.Spradlin or the bringing of any claim against Lake Metro Web - J.Spradlin by any third-party. This means that if Lake Metro Web - J.Spradlin is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Lake Metro Web - J.Spradlin , plus costs and reasonable attorneys' fees.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment
Hosting prepayments are nonrefundable. You must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed. If customer decides to discontinue a domain prior to renewal, their account is still available for them to substitute another domain not presently or previously hosted by us.  Setup of substitution domain is free for the first occurrence. Subsequent substitutions are $50.00 each occurrence. Limit of 2 per annum.

All payments must be in US Dollars. We will accept a check in some situations. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $50.00 plus late fees if applicable

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Your Billing is based on the date that you signed up with us. There are incidences when the payment date has been, or will be, modified.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.

Account Suspension for non-payment, can result in an administrative fee of $10, to re-connect service.

Suspension of services, for any reason, does not mean you no longer owe the outstanding balance. If an account goes over 30 days past due, the client forfits any protection under our privacy policy, and Lake Metro Web - J.Spradlin reserves the right to seek alternate collection methods using this information.

Errors
Lake Metro Web - J.Spradlin will not be held responsible for typographical errors or human mistakes of any kind in advertising, customer site updates, sales or any other department. We will act as quickly as possible to correct such an error.

Cancellation
Recommended methods of service cancellation are:

Canceling via eMail message. Do not assume receipt. Please wait for a confirmation.

Hosting terms are for 12 months. Cancellations will take effect at the end of that 12 month period.

SSL Certificates
There will be a five day delay in the installation of SSL certificates to be purchased by us, due to experiences with fraudulent purchases and charge backs. This can usually be waved for clients in good standing.

Bandwidth Overage
Warnings will be issued by the server when an account reaches 80% of a months bandwidth limit.  At this point you have two choices. 1) leave it alone. If a bandwidth limit is reached, the account will go into suspended status until the 1st of the following month or until other arrangements are made. 2) Upgrade your hosting package if you feel this might be a normal overage.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this agreement. Misuse of resources, including but not limited to employing applications which consume excessive CPU time. Chat/IRC, and web proxy scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.

We do reserve the right to edit the terms of service at any time with or without notice.

Some items in these terms of service may not apply in all cases. Special terms may be negotiated in a pre-sales agreement. Such pre-sales agreements may override specific terms listed here.

Do not agree to these terms of service if you cannot uphold these conditions or the spirit of these conditions.

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