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1.) Account Setup:
Accounts
will be setup instantly after we have received
payment and we and/or our payment partner(s) have
screened the order(s) in case of fraud (instant
fraud protection.) It is your responsibility to
provide us with an email address which is not @ the
domain(s) you are signing up under.
2.)
LynuxHosting.com Content:
All
services
provided by LynuxHosting.com. May only be used for lawful purposes. Unlawful use WILL result in termination/suspension of your account. This
includes, but not limited to: copyrighted material,
material we or our legal department, judge to be
threatening or obscene, illegal, terrorist activity,
and/or any other descriptions/images that are not
appropriate/legal worldwide. Contact our legal
department if you may have any questions. Ervin
& Ervin L.L.P. Houston, Texas 77063.
Examples
of unacceptable material:
IRC
Bots
Warez
Sites
Pirated
Software
Hate
sites
Hack
programs and archives
3.)
Zero Tolerance Spam Policy
Lynux
Hosting.com takes a zero
tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe
lists" and "double opt-in" will be
treated as spam. Any user who sends out spam will
have their account terminated without notice.
We
reserve the right to require changes or disable as
necessary, any web site, account, database, or other
component that does not comply with Lynux
Hosting.com policies, at our sole discretion. We
also reserve the right to make any such
modifications in an emergency at our sole
discretion.
We reserve
the right to charge the holder of the account, any
used bandwith to send any unsolicited e-mail a clean
up fee. The cost of the clean up fees and admin fees
are left entirely to the discretion of
LynuxHosting.com. All rights reserved.
4.)
Payment
Information:
You
agree to supply appropriate payment(s) for the
services received from LynuxHosting.com, in advance
of the time period during which such services are
provided. You agree that until and unless you notify
LynuxHosting.com of your desire to cancel any or all
services received, those services will be billed on
a recurring basis.
We
reserve the right
to change/modify the monthly payment amount and any
other charges at anytime giving a 30 day notice to our clients.
5.)
Backups and Data Loss:
Your
use of Lynux Hosting.com services is at your sole
risk. We are not responsible for files and data
residing on your account. You agree to take full
responsibility for files and data transferred and to
maintain all appropriate backup of files and data
stored on our servers.
6.)
Cancellation
and Refunds:
We
reserve the right to cancel the account at any time.
Customers
may cancel at any time. You have an unconditional 30
day money back guarantee on managed shared
hosting, and reseller solution's. Refund requests
after 30 days will be refunded on a prorated basis
of any unused time.
Only
first-time accounts are eligible for a refund. For
example, if you've had an account with us before,
canceled and signed up again, you will not be
eligible for a refund or if you have closed an
account with us within 30 days.
7.)
Resource
Usage:
Users
may not initiate the following:
a)
Use 25% or more of system resources for longer then
90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b)
Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
c)
Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any
and all daemons, such as IRCD.
d)
Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e)
Run any gaming servers such as counter-strike,
half-life, battlefield1492, etc
8.)
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.
9.)
Money back
Guarantee:
On
our dedicated and/or reseller servers, no full
refund will be honored, We are able to only prorate
your refund. We reserve the right to refund a
prorated amount or no refund at all.
10.)
Price
Changes:
The
amount you pay for hosting will never increase from
the date of purchase. We reserve the right to change
prices listed on our site (LynuxHosting.com), and
the right to increase the amount of resources given
to plans at any time.
11.)
Indemnification:
Customer
agrees that it shall defend, indemnify, save and
hold us LynuxHosting.com harmless from any and all
demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted
against us, our legal departmet, its agents, its
customers, officers and employees, that may arise or
result from any service provided or performed or
agreed to be performed or any product sold by
LynuxHosting.com, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold
harmless any liabilities arising out of; (1)
any injury to person or property caused by any
products/services sold or otherwise distributed in
connection with LynuHosting.com; (2) any material
supplied by customers infringing or allegedly
infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any
defective products sold to customers from Lynux
Hosting.com servers.
12.)
Disclaimer:
We
will not be responsible for any damages your
business/website may suffer. We make no warranties
of any kind, expressed or implied for services we
provide. We disclaim any warranty or merchantability
or fitness for a particular purpose. This includes
loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service
interruptions caused by us and our employees.
13.)
Check Back for Changes to the TOS
LynuxHosting.com
reserves the right to revise the TOS policies at any
time without notice.
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