|
Terms
Service terms coincide with service commencement
date. The initial service term of the Agreement shall begin on the date
that LampApps.com generates an e-mail message to Customer announcing
the activation of the Customer's account (the Service Commencement
Date) and shall continue for the number of months stated in the Order
(the Initial Term). Upon expiration of the Initial Term, this Agreement
shall automatically renew unless LampApps.com or Customer provides the
other with written notice of non-renewal at least thirty (30) days
prior to the expiration of the Term.
Web Hosting Fees
Web Hosting fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. LampApps.com may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes LampApps.com to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise LampApps.com will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.
Payments must be made in United States dollars. Customer is responsible for providing LampApps.com with changes to billing information (such as credit card expiration, change in billing address) At its option, LampApps.com may accrue charges to be made to a credit/debit card until such charges exceed $10.00. LampApps.com may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate under applicable law. LampApps.com may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay LampApps.com's reasonable reinstatement fee following a suspension of service for non-payment, and to pay LampApps.com's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Fee Increases
LampApps.com may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms.
Changes to Terms of Service
Customer agrees that LampApps.com may, in its reasonable commercial judgment consistent with industry standards, may amend the Terms of Service and Acceptable Use Policy from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.
Customer Information
Customer represents and warrants to LampApps.com that the information he, she or it has provided and will provide to LampApps.com for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to LampApps.com that he or she is at least 18 years of age. LampApps.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Indemnification
Customer agrees to indemnify and hold harmless LampApps.com, LampApps.com's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the Terms of Service by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
LampApps.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW LampApps.com DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN AS IS BASIS.
Suspension/Termination
Customer agrees that LampApps.com may suspend services to Customer without notice and without liability if: (i) LampApps.com reasonably believes that the services are being used in violation of the Terms of Service; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms of Service; (iii) LampApps.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
Requests for Customer Information
Customer agrees that LampApps.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that LampApps.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by LampApps.com notwithstanding any agreement by LampApps.com to provide back up services. LampApps.com will provide backup copies of client's website on request. A fee may be charged for this service.
Changes to LampApps.com's Network
Upgrades and other changes in LampApps.com's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. LampApps.com reserves the right to change its network in its commercially reasonable discretion, and LampApps.com shall not be liable for any resulting harm to Customer.
Notices
Notices to LampApps.com under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Governing Law/Disputes
The Agreement shall be governed by the laws of the State of South Carolina, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN DORCHESTER COUNTY, SOUTH CAROLINA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
Up Time Guarantee
If your account has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the refund is at the discretion of LampApps.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a refund, please contact
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
with justification. All requests must be made in writing via email.
Offensive Content
You may not publish or transmit via LampApps.com's service any content that LampApps.com reasonably believes: constitutes child pornography; constitutes pornography; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person's privacy; creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; clearly infringes on another person's trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to LampApps.com; or is otherwise malicious, fraudulent, or may result in retaliation against LampApps.com by offended viewers. Content “published or transmitted” via LampApps.com's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by LampApps.com.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
E-Mail
Limits
There is a 500 email hourly limit per domain, this limit is also
applied towards mailman. If you send over this amount in any hour, most
of the e-mails will bounce back with an undeliverable error. Many of
our servers have a limit of 60 POP3/IMAP checks per hour per e-mail
address. If you go over this you're likely to get a wrong password
error message or an error stating "login incorrect". If this occurs,
please wait an hour and it will automatically unblock you. To prevent
this from happening again, please make sure to disable auto checking or
at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses will require a
dedicated hosting solution from us. Note: dividing one large list into
smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Any time you're sending a message no matter how large your e-mail
list is you must throttle it. We recommend you throttle it to at the
very least sending 1 email every 6 seconds. If the mailing list
software you're using does not allow you to throttle you must switch to
an application or script that will. We recommend PHPList. If you do not throttle and you
try sending 500 emails, the server will try sending all 500 in 1 second
which is not possible on our shared servers. This will cause a very
high load on the server and the entire server will be sluggish until
this sending process is completed. It is our job to keep the server up
and running without being sluggish. Anyone who causes the servers load
to go high will be suspended and the process will be terminated. If you
choose not to throttle you will most likely be suspended for crashing
the server.
2. Any mailing list over 900 email addresses is only allowed to be
sent to during off-peak times to prevent high server loads. Off peak
times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern
Standard Time, Monday through Friday.
3. The list must be a Double Opt-In list. This means a user has
subscribed for a newsletter or other email marketing messages by
explicitly requesting it and confirming the email address to be their
own. Confirmation is usually done by responding to a
notification/confirmation email sent to the email address the end user
specified. The double opt-in method eliminates the chance of abuse
where somebody submits someone else's email address without their
knowledge and against their will. You will not be permitted to mail any
mailing list that you were given or purchased. In doing so, this will
also be considered spamming and may result in termination of the
offending account.
4. Any unsolicited e-mail being sent will result in suspension or
termination of the offending account. We take a zero tolerance stance
against sending of unsolicited e-mail and other forms of spam.
5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .
6. No direct SMTP mailers are allowed. An example of this would be a
Darkmailer or The Bat!. Any mail should be sent through the local mail
server/MTA for further delivery by the server and not done directly by
scripts.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless: you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; you are otherwise permitted by established United States copyright law to copy the work in that manner. LampApps.com will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the LampApps.com network, please send your written notice of copyright infringement to:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Your notice must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LampApps.com to locate the material; Information reasonably sufficient to permit LampApps.com to contact you, such as an address, telephone number, and, if available, an e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to LampApps.com and its customers) without express authorization of the owner of the system or network; monitoring data or traffic on any network or system without the authorization of the owner of the system or network; Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system t account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or Any conduct that is likely to broadcast attacks; Use of LampApps.com's network in a way that unreasonably interferes with LampApps.com's other customers use of the network.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Inodes
The use of more than 50,000 inodes on any one account may potentially result in suspension.
Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension.
The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary
account mailbox. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit.
|