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LessHost TERMS OF SERVICE

Terms of Service (TOS) [September 27, 2003]

In addition to the TOS policies, the following policies (Abbreviated – if applicable) [showing their last updated date] are incorporated into this Agreement and are directly related to the services we offer:

Acceptable Use Policy (AUP) [October 15, 2004]
Unsolicited Commercial eMail (UCE) [September 27, 2003]
Privacy Policy [December 24, 2003]
Domain Registration / Transfer [November 12, 2004]

THIS AGREEMENT BETWEEN bVerify, Inc. (LessHost.com) and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)

WHEREAS bVerify, Inc. (LessHost.com) agrees to furnish IT - internet based services associated with websites, web hosting, domain registration, and servers, to the Subscriber.

Use of LessHost Service constitutes acceptance and agreement to LessHost's policies are subject to the terms above and as follows:

Content:
At LessHost, we specifically prohibit the use of our service for any illegal activities.

Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. We encourage you to eMail support if you are unsure of what to post on your site. Ultimately you, the subscriber, are solely responsible for the content stored on your LessHost server.

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:

i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right
ii. content that exploits children under 18 years of age
iii. hate propaganda
iv. racist, threatening, or otherwise abusive content
v. the promotion or incitement of, or instruction for, the commission of illegal activities
vi. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities
vii. warez, cracks, hacks, spam software & their associated utilities
viii. information or other material that contains a virus, corrupted data or any other harmful or damaging component

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Payments and Fees:
Accounts that reach 10 days past due will be suspended. Accounts that are not collectable by LessHost may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
Requests for canceling accounts may be made in writing or through our billing provider.
LessHost.com's preferred method of cancellation is via the members section of your LessHost.com account. Please log into the members section at and you can request to have your server cancelled.

Registrar Transfer of Domain(s):
Due to the several steps required, as outlined in our domain transfer guide, a registrar transfer, may take up to seven days to fully complete. In the event a domain is not transferable, you will be notified in writing (via eMail) as to the reasons.

New webhosting accounts which involve the transfer of a domain from another registrar to bVerify, Inc. (LessHost.com) may require up to seven days to be set up and entered into our DNS servers.

Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.

DNS Transfers:
Although DNS Transfers take approximately 48 hours or less for the domain's whois record to settle, it is dependent upon the other registrar or providers to complete their changes. For this reason no guarantees are made regarding the amount of time a specific transfer may take.

Disclosure to Law Enforcement:
At LessHost, we specifically prohibit the use of our service for any illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition LessHost shall have the right to terminate all service set forth in this Agreement.

Support Boundaries:
LessHost, provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to our area of expertise.

The following are our guidelines when providing support: LessHost provides support related to your server or virtual site physical functioning. LessHost does not offer tech support for application specific issues such as cgi programming, html or any other such issue. LessHost does not provide technical support for YOUR customers. If you can email, we encourage you to email support@LessHost.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.LessHost.com/help.php and our new site at iSiteManager.com. We encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before eMailing tech support.


SPAM and Unsolicited Commercial Email (UCE):
LessHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of LessHost may not use or permit others to use our network to transact in UCE. Customers of LessHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of LessHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, LessHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, LessHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, LessHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, LessHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. LessHost will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the LessHost network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership:
If LessHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to LessHost, and Customer shall have no right to use that Internet Protocol address except as permitted by LessHost in its sole discretion in connection with the Services, during the term of this Agreement. LessHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by LessHost, and LessHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). LessHost will monitor Customer's bandwidth and disk usage. LessHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in LessHost's sole and absolute discretion. If LessHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, LessHost may, at its sole discretion, collect a deposit, in an amount determined by LessHost, against customer's credit card on file with LessHost.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the LessHost Network. Violations of system or network security may result in civil or criminal liability. LessHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.


Notification of Violation:

LessHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Indemnification:
LessHost wishes to emphasize that in agreeing to the LessHost Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies LessHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to LessHost or the bringing of any claim against LessHost by any third-party. This means that if LessHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against LessHost, plus all costs and attorney's fees.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. eMail, fax, and telephone contacts are used, in that order of preference.

LessHost takes no responsibility for any material input by others and not posted to the LessHost Network by LessHost. LessHost is not responsible for the content of any other websites linked to the LessHost Network; links are provided as Internet navigation tools only. LessHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

LessHost is not responsible for any damages your business may suffer. LessHost does not make implied or written warranties for any of our services. LessHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LessHost.

It is absolutely forbidden to IRC servers on. Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:
You, as LessHost's customer, are solely responsible for the content stored on and served by your LessHost server.

All provisions of this contract are subject to the TOS (Terms of Service) of bVerify, Inc. (LessHost.com) and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.


 

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