| This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein. |
| Read Our SPAM Policy..... |
Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit LightHouse Hosting LLC right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must log on to their hosting account and follow the control panel menu to terminate a domain. Terminations will not be accepted without completing the termination process under their account. No exceptions will be made. The termination process is required for your protection as well as ours. The policy provides evidence that the individual terminating the account is authorized to do so. Email terminations will not be accepted.
In the event that LightHouse Hosting LLC elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that LightHouse Hosting LLC elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance. |
Customer agrees that LightHouse Hosting LLC shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that LightHouse Hosting LLC shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold LightHouse Hosting LLC liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
LightHouse Hosting is not liable for customer site content backups on their shared hosting platforms. LightHouse Hosting has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL LIGHTHOUSE HOSTING LLC LIABILITY EXCEED THE TOTAL VALUE PAID TO LIGHTHOUSE HOSTING LLC BY CUSTOMER. |
| LightHouse Hosting LLC makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold LightHouse Hosting LLC liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. |
LightHouse Hosting LLC performs backups of client content twice per week on Linux shared servers, and twice per week on Windows shared servers. LightHouse Hosting makes every effort to insure that these backups are valid. LightHouse Hosting assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at LightHouse Hosting. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by LightHouse Hosting and any such contract will be subject to premium monthly charges.
LightHouse Hosting does not backup up any dedicated or co-located server without a written contract to do so and LightHouse Hosting assumes not responsible for any content published to or stored on any dedicated server or co-located server. These servers are leased and maintained by the customer and because the customer has full control over all aspects of these servers, LightHouse Hosting assumes no liability in the operation or reliability of these servers other than hardware failure.
LightHouse Hosting assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on LightHouse Hosting Servers, or of any database maintained on any server operated by LightHouse Hosting in the event LightHouse Hosting is unable to restore customer content from tape backup.
Statistics, if provided by the plan, are generated by a third party software system. LightHouse Hosting assumes no liability for the accuracy of the statistics provided. Statistics data is kept for 12 months and historical data is kept for 9 months. Some statistical reports are trimmed from the database after 9 months. Customers are encouraged to print their reports and use the data export feature for long term storage of statistics. The statistics server feature is an option available to our users however LightHouse Hosting assumes no responsibility for lost statistics data.
AT NO TIME SHALL LIGHTHOUSE HOSTING LLC ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT. |
Customer understands that the Internet and other various networking communications are not secure. LightHouse Hosting makes every effort to attempt to secure their networks and servers however client content placed on these servers without prior review by LightHouse Hosting may introduce security problems that could affect a single server or multiple servers. LightHouse Hosting is not responsible for any security issues arising from the use of scripts and content on shared, dedicated, or colocated servers.
LightHouse Hosting has the right to immediately remove or disable any feature of any web site or server belonging to any customer hosted by LightHouse Hosting if it has been determined that the customers content or script is causing a potential security issue or has already affected the operation of the server. LightHouse Hosting will not seek approval to remove or disable any program or user deemed to be a security risk on network.
Illegal activities will be immediately stopped by LightHouse Hosting once found and all content on the servers along with logs and any private customer information will be turned over to the authorities.
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Customer will ensure that its use of the Internet and any service provided by LightHouse Hosting LLC to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, LightHouse Hosting LLC shall have the right to consider same a breach of this Agreement by customer which shall entitle LightHouse Hosting LLC to terminate Customer immediately without prior notice.
It shall be within the sole discretion of LightHouse Hosting LLC to deem material as inappropriate. |
| Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet. |
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. LightHouse Hosting LLC shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL LIGHTHOUSE HOSTING LLC LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN LIGHTHOUSE HOSTING LLC AND CUSTOMER.
LightHouse Hosting LLC will use its best efforts to maintain the integrity and security of Customer's password. |
| Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall LightHouse Hosting LLC be responsible for this cost. |
LightHouse Hosting mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by LightHouse Hosting for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on LightHouse Hosting's servers is deleted after 60 days. LightHouse Hosting does not backup the mail accounts of its customers and customers store their e-mail on LightHouse Hosting servers at their own risk.
POP Mail services are not to be used to transfer system backups or disk images. POP mail resource usage is not tracked against your monthly bandwidth or disk allocation. POP3 Mail accounts are limited to 10Mb of material / account.
LHH does not provide as part of its standar offering any Email archiving. All mail without exception will be removed from all users accounts if it is older than 60 days. Archiving programs are available at additional cost. LightHouse Hosting assumes no liability or responsibility for any mail older than 60 days stored on our systems. |
| LightHouse Hosting reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by LightHouse Hosting will be given the option to pay for excess usage at a rate of $20.00/month/5Gb (Incremental $5.00/month/Gb), or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage. |
| The billing contact, as registered with LightHouse Hosting LLC is considered to be the account owner. LightHouse Hosting LLC will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner. |
| Customer agrees to indemnify and hold LightHouse Hosting LLC harmless in any legal action which arises as a result of Customer's use of LightHouse Hosting LLC services, without limitation or exception including, but not limited to any action brought against Customer by a third party. |
| This Agreement shall be governed by the laws of the State of New Jersey and jurisdiction shall lie within the State of New Jersey. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW JERSEY. |
| Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions. |
| The terms and conditions of this Agreement may be modified at the discretion of LightHouse Hosting LLC with 30 days notice to Customer. |
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify LightHouse Hosting LLC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same. |
Customer's failure to properly notify LightHouse Hosting LLC of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. LightHouse Hosting LLC current Terms and Conditions may be viewed at www.lighthousehosting.com. |
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*
LIGHTHOUSE HOSTING LLC STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY LIGHTHOUSE HOSTING LLC, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO LIGHTHOUSE HOSTING LLC WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. LIGHTHOUSE HOSTING DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON LIGHTHOUSE HOSTING LLC SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON LIGHTHOUSE HOSTING LLC SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY LIGHTHOUSE HOSTING LLC IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF LIGHTHOUSE HOSTINGS SMTP SERVERS.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY LIGHTHOUSE HOSTING LLC OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS. |
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