Introduction
This Terms of Service is an agreement between Customer and LFMTE-Host ("Agreement") and applies to
Customer's account(s) with LFMTE-Host. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future
reference. Please note that the information contained herein is subject to change without notice. Customer agrees
to periodically consult this website for changes or amendments to this Agreement. LFMTE-Host may, but is under
no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to
Customers. For our privacy policy, please click here.
General Provisions
While using Services provided by LFMTE-Host, you agree to the following terms and conditions.
Definitions
1.
"We" "Us" "Provider" or "LFMTE-Host" refers LFMTE-Host; and
2.
"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a
designate of any one who applies for internet service with LFMTE-Host.
Services Provided by LFMTE-Host
LFMTE-Host will rent Internet server space ("Services") to its customers for the purpose of allowing customers to
provide http internet content to the general public. The Services allow LFMTE-Host customers to maintain internet
websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites.
LFMTE-Host customers will use the provided Services in a manner consistent with all applicable State and Federal
laws. LFMTE-Host will make no effort to edit, control, monitor or restrict the content of data other than as
necessary to provide Services. If any of the activities referenced below are committed, LFMTE-Host may
immediately terminate Customer's account(s) without notice. LFMTE-Host will be the sole and final arbiter as to
what constitutes a violation of the terms and conditions of this Agreement.
Customer Use of Services
1.
Disk Space and Client Content: LFMTE-Host offers various amounts of drive space in our various packages.
Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting
services of their website to other parties unless they have purchased a reseller package. Client agrees that
web pages and files uploaded to our servers will not:
* violate any state, federal or foreign laws or regulations;
* infringe on any intellectual property rights of LFMTE-Host or any third party;
* be defamatory, slanderous or trade libelous;
* be threatening or harassing;
* be discriminatory based on gender, race, age;
* promote hate;
* contain viruses or other computer programming defects which result in damage to LFMTE-Host or any
third party.
Customers may not run IRC bots or clients.
Unacceptable uses of our service also include:
* Bulk emailing
* unsolicited emailings
* newsgroup spamming
* pornographic content
* links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark
infringement, warez, cracks, or software serial numbers.
LFMTE-Host will be the sole and final arbiter as to what constitutes a violation of this policy.
LFMTE-Host offers colocation of multiple domain names in some packages. The use of multiple domains on a
single account is intended solely for the convenience of the customer and intended for low resource usage such as
websites and not for running scripts or other high resource usage purposes.
Bandwidth Usage: LFMTE-Host offers various amounts of data transfer per month depending on the purchased
packages. Sites that use over their bandwidth allotment may be automatically suspended. If the account is not
automatically suspended, client agrees to pay the extra charges for additional bandwidth.
Excessive Resource Use Policy: Resources are defined as bandwidth and/or processor and/or memory
utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the
resources available by using 12% or more of system resources for longer than 60 seconds. There are numerous
activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, MySQL etc. This policy is
only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the
rights to suspend or terminate any hosting account that we feel is jeopardizing our network. LFMTE-Host will be
the sole and final arbiter as to what constitutes a violation of this policy.
No "Spam": UCE/UBE or "Spam" originating from a LFMTE-Host account, or associated with a LFMTE-Host
account, is not tolerated. This includes any e-mail that promotes web sites hosted on a LFMTE-Host account but is
sent from an e-mail address not associated with that LFMTE-Host account. Client shall not use their LFMTE-Host
services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given
specific permission to be included in such a process. LFMTE-Host reserves the right to deactivate or terminate any
account(s) upon any indication of such activity without notice. There will be a $500 clean up fee if an account was
suspended for policy violation.
Purchased email leads are not acceptable and will not be used at any time from any of our servers. Use of
purchased leads are grounds for immediate termination. Email leads acquired are highly recommended to be
verified opt-in leads retaining the email/IP address and date the acquired lead was acquired. This information
must be provided upon request to invalidate any spam complaint against the account..
False Information: False Information. Client agrees not to post false or inaccurate information to news groups in
violation of the news groups' rules and regulations. If any news groups or service providers contact LFMTE-Host
concerning unethical, false or unlawful activities by you, LFMTE-Host reserves the right to terminate your service
without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with
Client's use of the Services.
Back-Up Files: It is the client's sole responsibility for independent backup of data stored on Providers server and
network. LFMTE-Host may or may not have a backup of the client's data. There is a one time fee of $75 for our
Administrator to retrieve and restore client's individual back-up files.
Banned software:
1. FFA type scripts
2. Safelist type scripts
3. Autosurf scripts
4. Any other types of scripts that are resource/email intensive.
These types of scripts have been found to heavily tax the resources of the servers.
Customer agrees to adhere to the LFMTE-Host Acceptable Use Policy.
Payment Obligations, Renewals, and Cancellations
1.
Payment Obligations: Full payment is required in advance, before hosting service is established. You grant
LFMTE-Host the right to debit the credit card or account you provided on the Order Form for services you
signed up for, until such service is cancelled by you in writing or is cancelled by LFMTE-Host according to
terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or
other information that LFMTE-Host may require) is accurate and truthful. All payment-due notices will be
sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by
the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for
the set up fee and the monthly fees to reopen the account. There is a $25 processing fee for chargeback's.
2.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you
give written notice to LFMTE-Host fifteen (15) days before the renewal date that you do not wish to renew
such account. Promotions are not included in renewals.
3.
Cancellation: You may cancel at anytime. If you cancel before the first 15 days, you will be entitled to a full
refund. If you cancel after the first 15 days from the opening of your account, you will be obligated to pay all
fees and charges accrued prior to the effectiveness of the cancellation. LFMTE-Host will refund to you the
prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior
fees and charges, and an early cancellation fee of $25. Accounts that are terminated by LFMTE-Host for
TOS or AUP violations will not receive any refund. All cancellations must be received as per the deadlines
indicated; e-mail notifications are acceptable. Cancellation request will reflect the day of your submission.
Refunds will be issued back to you within 7-14 days from your cancellation date.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you
will be given a full refund on your hosting fee excluding setup fees (Currently $0 US) and additional services. If
paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your
account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible
for a refund. Domain name registration is non-refundable.
Server/Network Maintenance
In the event a planned outage would be necessary, every attempt will be made to have them performed between
6:00am to 9:00am GMT. This does not mean there will be an outage at the specified time, and does not include
unplanned outages if any should occur for reasons beyond LFMTE-Host's control.
Disclaimer of Warranty
You agree to use the Services and any information obtained through or from LFMTE-Host at your own risk. You
acknowledge and agree that LFMTE-Host exercises no control over, and accepts no responsibility for, the content
of information passing through LFMTE-Host's host computers, network hubs, points of presence or the internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS.
LFMTE-Host MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. LFMTE-Host MAKES NO WARRANTIES THAT
THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM
THE USE OF SERVICES IS ACCURATE AND RELIABLE. LFMTE-Host EXPRESSLY DISCLAIMS ANY LIABILITY
FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY
CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY LFMTE-Host. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY LFMTE-Host PERSON WILL CREATE ANY
WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive
any termination of this Agreement.
LFMTE-Host is not responsible for any interruption in service or down time that may occur, whether due to external
network disruptions or negligence of LFMTE-Host. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, equipment failure and any and all other service interruptions caused by LFMTE-Host.
Limitation of Liability
You agree that LFMTE-Host will not be responsible for any losses that may incur where Services are accessed by
third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is
accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to LFMTE-
Host at the time) which may exist in the Services or in LFMTE-Host's equipment used to provide the Services.
Under no circumstances will LFMTE-Host be liable for any consequential, indirect, incidental, special or punitive
damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party,
whether in an action in contract or tort or strict liability or other legal theory. LFMTE-Host will not be liable to
Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have
resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of
performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized
access to LFMTE-Host's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, LFMTE-Host's maximum liability under this Agreement
for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including
negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for
the Services which gave rise to such damages, losses and causes of actions during the 6-month period prior to the
date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and
unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination
of this Agreement.
Right to Refuse Service
At its sole discretion, LFMTE-Host has the right to refuse any and all service or Services to any applicant,
Customer, Client whether it be an individual or legal entity.
Indemnification
Customer agrees to indemnify, defend and hold harmless LFMTE-Host, its officers, directors, employees,
shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's
fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services,
(ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section
will survive any termination of this Agreement.
Force Majeure
LFMTE-Host will not be liable for failure or delay in performing it obligations if such failure or delay is due to
circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS
propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used
in or equipment needed for provision of the Services.
Disclosure of Customer Information and Legal Process
Although LFMTE-Host maintains strict confidentiality on Customer's information, there are certain exceptions in
which LFMTE-Host may disclose information in its possession, including but not limited to information about the
Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery
request, warrant, statute, regulation or official governmental requests. LFMTE-Host has no obligation to notify
Customer about whom the information is sought or that LFMTE-Host has provided the information. Customer
acknowledges the above exceptions and agrees to them without reservation.
Governing Law; Jurisdiction; Arbitration
This Agreement is governed by Arizona law and both parties will submit to personal jurisdiction in Arizona. Any
controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be
subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then
existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may
be entered in any court having jurisdiction thereof. The place of arbitration will be Phoenix, Arizona, or any other
place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to
this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will
be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them
with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of
this Agreement.
Assignment
Customer will not have the right to assign this Agreement without the prior written consent of LFMTE-Host.
Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous
representations, understandings or agreements. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her
personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly
existing and in good standing under the laws of the state of its organization and the person acting on behalf of
Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
