Physical Server Connection, Access and
Liability
Your Hosted web site will be connected to the internet on a
24-hour-a-day, 7-day-a-week basis, with the exception of scheduled
maintenance downtime. We will use our best efforts to provide
uninterrupted physical server connection and access, except for
scheduled maintenance downtime and any interruption to physical
server connection and access beyond our control caused by, for
example, acts of nature, third-party equipment or transmission
failures, or security breaches. LA Hosting shall not be liable for
any claims or damages which may be suffered by customer or it's
customers, whether or not caused by LA Hosting servers and/or our
services.
Internet Usage
Public Nature of Internet. Please understand that all
information submitted on your web site shall be considered publicly
accessible. Important and private information should be protected by
you. We are not liable for protection or privacy of electronic mail
or other information transferred through the Internet or any other
network provider that you may use.
Web Site Back-up. You are responsible for keeping a copy
of your most current web site files as a back-up on your system. We
are not responsible for any lost files, information, or data. LA Hosting
does not posses a copy of any clients web site.
Activities Subject to Immediate Deactivation
Unsolicited Electronic Mail. Unsolicited email messages
("junk mail" or "spam") originating from your
hosting account or associated with any website hosted on our servers
is strictly prohibited. This includes, but is not limited to,
bulk-mailing of commercial advertising, information announcements,
political tracts, and any email that promotes web sites hosted on
our servers (even if it is sent from an email address not associated
with your account). Such material may only be sent to those who have
specifically requested it. Any obscene, inflammatory, malicious,
harassing or threatening email is also prohibited. MUDDS,
Listservers or any other Internet application that are not web site
specific, are prohibited. We reserve the right to immediately
deactivate your use of our service if we discover any of the above
such activity LA Hosting determines to be inappropriate. Further,
you agree to indemnify and hold us harmless from any claim resulting
from your use or distribution of electronic mail services through
the service provided through this Agreement.
Illegal, Abusive or Unethical Activity may be immediately
deactivated by us without warning to you. Illegal, Abusive or
Unethical Activities include, but are not limited to, pornography,
obscenity, nudity, violations of privacy, hacking, computer virus,
gambling, or promotion of gambling, warez sites, violations of
copyrights and trademarks, violations of U.S. laws, and any
harassing or harmful materials or uses, as determined by LA Hosting
to be inappropriate. You agree to indemnify and hold us harmless
from any claim resulting from your publications or use of Illegal,
Abusive or Unethical materials. We are not required to give notice
before deactivating your use of our services if, in our discretion,
your use is or results in Illegal, Abusive or Unethical activities.
Excessive CPU Usage. Hosting Accounts which use, in our
discretion, CPU processing capacity on the physical server in excess
of the designed processing capacity will be subject to immediate
deactivation. Although we will make reasonable efforts to alert you
to such activities and allow you an opportunity to cure them within
a 12-hour period after discovery, we are not required to give notice
before deactivating your use of our services in our discretion.
System abuse. Hacking our systems, installing continuously
running programs, and reselling CGI scripts are cause for immediate
deactivation of your hosting account. You are prohibited from
violating or attempting to violate the security of our networks.
If any of the above Activities Subject to Immediate
Deactivation agreement violations should occur, LA Hosting
reserves the right to terminate the account without any refunds or
notice. The agreement violating client will be held responsible for
any damages to LA Hosting's system, server, connectivity,
reputation, business, service, network, operations, or equipment.
You will not be reimbursed. We reserve the right to delete the
policy violating web site content without notice. LA Hosting has the
right to refuse service and/or access to it's servers to anyone. The
web site's hosted on our servers may be used for lawful purposes
only.
Billing and Payment Policies
All fees are due in advance of the services provided. You will
pay us an annual fee for the hosting services we provide under this
Agreement according to our current Virtual Hosting Price Schedules. LA Hosting
only accepts credit cards. Service is activated only after receipt
of payment. All Domain Registration fees are separate from LA Hosting
costs and it is the customers responsibility for timely payments to
your domain registrar for domain name ownership. Additional features
and upgrades can be obtained and will be charged and added
accordingly on the next month of service. The Hosting Service
payments are subject to adjustment, with notice, according to the
current Hosting Price Schedule.
Set-Up Fee. There are none.
Payment Reminders. The "billing contact" client
will be sent by email a payment reminder 2 weeks prior to billing
due date. This is a courtesy, if you do not receive a payment
reminder because of an old email address we have on file, the
hosting service fee is still due and payable by the end of term. No
bills or invoices will be sent by postal mail or fax.
Credit card orders
Credit card payments are processed and authorized in real-time.
Once a credit card order is submitted, the client is subject to LA Hosting's
agreement procedures. If client desires to use a new credit card
number than originally entered into the online order form to
charge for services, please notify our sales office. If client
requests a new domain name, the same credit card number given for
Hosting Services will be used to charge the registrar for a new
domain registration fee. This is a separate charge.
Pre-pay customers Customers are on pre-pay, will be sent
an email notification of renewal of services 2 weeks to the
anniversary of your billing cycle, and original credit card given
will be charged unless otherwise stated.
Non-payment, Late Payment And/Or Insufficient Funds,
Reactivation. Your account will be deactivated if payment is not
received, if payment was returned for insufficient funds, or credit
card declined 5 Business days after the payment due date. "Past
due" meaning payment has not been received. Payments that are
past due are subject to a $5.00 late charge. Accounts that have been
deactivated are subject to a set-up fee upon reactivation including
ALL hosting plans in the amount of $25.00 prior to reactivating. If
account was terminated due to policy violations, we will not
reactivate the account, or refund.
Terminating Account. All cancellations are to be
requested via email to billing@lahosting.com
indicating a specific date or immediately. Not After the Fact! At
date of cancellation, you are responsible for transferring your web
site beforehand. LA Hosting reserves the right to delete the web
site contents after indicated cancellation date.
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