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TOS

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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