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. |