Terms of Service Copyright and Legal Information

Lowesthosting.com, it's divisions, related web sites, and all respective text, images and other content are © 2006 Lowest Hosting LLC dba lowesthosting.com. Any use, reuse, redistribution and/or modification of said content is a violation of US and International copyright laws. Violators will be prosecuted to the fullest extent of these laws.

By using our web hosting services, you agree to comply with our policies. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: 

Illegality in any form.
This includes but is not limited to; unauthorized distribution or copying of copyrighted material, violation of US export restrictions, harassment, fraud, drug dealing, gambling, pyramid or ponci schemes and other illegal activities. Provision of our services to others through your hosting account.
This includes but is not limited to; provision of e-mail addresses, Web Hosting, or storage space to people outside your organization or company, or to the general public. Unauthorized resale or use of Lowesthosting.com features and/or services.

Unacceptable Content Types
We do not allow the hosting of or linking to Adult Content, or sites that include or promote gambling, prositution, pornography, or illegal drug dealing in any form. Lowest hosting provides website storage space not general file storage space as such all files stored on the server must be used in conjunction with the hosted website. If you would like to know if we consider the content you wish to host acceptable, please contact our offices at admin@Lowesthosting.com


Limitation of Liability
In no event shall Lowesthosting.com, it's officers, employees or management be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents) arising out of or in relation to this agreement or your use or inability to use Lowesthosting.com's services (including, but not limited to, inoperability of Lowesthosting.com's servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Lowesthosting.com has been advised of the possibility of such damages.Lowesthosting.com is not liable in any way for the content posted, opinions expressed, or actions of the users of our services. Any concerns about the above should be sent directly to our administrative department at admin@Lowesthosting.com 

Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is 

prohibited. Lowesthosting.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. 

Data Tranfer
Lowesthosting.com allows and up to 50GB (gigabytes) of combined data transfer per month for each shared hosting account when serving normal webpages. Transfer is measured as as the combined data uploaded to the server plus data downloaded from the server. Lowesthosting.com also allows each cleint to exceed the normal 50GB transfer and consume up to 200GB during peak periods for any 2 months for a 12 month prepaid account without any additional charge. Should the client be operating a site that consistently requires more transfer they may purchase a second hosting account to double the capacity or $1.00 per gigabyte over the monthly allocation.

Media & File Distribution
In addition to web page traffic, Lowest Hosting provides http media streaming support for animated introductions, short video and audio clips for realaudio, realvideo, mp3, flash files and small executable files up to 50gb per month per account. Website may not replay or redistribute copywritten songs or other material without proper author consent. Lowest hosting servers are not to be used for song swapping services i.e.: "napster" or streaming or fixed file music servers.

llegal Use
 

Lowesthosting.com servers may be used only for lawful purposes. Transmission, distribution, storage or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, 
trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software",  "Hackers programs or archives", "Warez Sites", "Irc Bots", "Chat Sites/Servers", "Pornography".  We will be the sole arbiters as to what constitutes a violation of any of these provisions.

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroups posting. 

Misuse of System Resources
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers. Each hosting account shall store and serve it's own conent. Offering content stored on your hosting account as active content ie: hot links to be incorporated into other websites arenot permitted. 

Tortuous Conduct 
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. 

It is contrary to Lowesthosting.com policy for customers to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroups, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; To send unsolicited mass
e-mailings, if such unsolicited e-mailings provoke complaints from the recipients; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Lowesthosting.com provided server, or using a Lowesthosting.com provided server as a mail drop for responses; To falsify user information provided to Lowesthosting.com or to other users of the service in connection with use of a Lowesthosting.com service. Consequences of Violation

Remedy
When Lowesthosting.com becomes aware of an alleged violation of its Acceptable Use Policy, Lowesthosting.com will initiate an investigation. During the investigation Lowesthosting.com may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Lowesthosting.com may, at its sole discretion, restrict, suspend,or terminate Customer's account without notice or refund, and/or pursue other civil remedies.

If such violation is a criminal offense, Lowesthosting.com will notify the appropriate law enforcement department of such 
violation. Lowesthosting.com does not issue payment refunds for any outages incurred through service disablement resulting from violations of this agreement. 

 

Domain Name Usage Policies
Lowesthosting.com is an authorized sales agent for Dotregistrar.com and ICANN approved registrar. All domain names are purchased on behalf of our clients and registered in their name based upon the information contained on the initial order. To provide additional domain secururity, Domains shall be locked from unauthorized transfer without the authorized owners express request.
Domain availability or dispute is handled via ICANN directly. Lowest hosting will to the best of it's ability maintain it's clients domain DNS information to insure proper association with the Lowest Hosting server however it is the sole responsibility of the Domain owner to purchase, manage and renew their domain name and update their domains DNSto point to Lowesthosting.com's network or any external hosting service provider of their choice.

Domain Transfers
If requested by a customer, Lowesthosting.com may make request to it's registrar to contact the customer to initiate a domain transfer from customer's existing domain registrar. This process requires customer to approve the release via e-mail prior to initiating the transfer process. Due to the many steps involved in a registrar transfer no warranty is made that any domain transfer will be completed within a guaranteed time period.
If a transfer can not be completed for a domain the a full refund shall be issued. If a transfer can not be completed for a domain and hosting account package, the free domain shall instead be converted to two extra months hosting at no charge. The domain is always the responsibility of the client and Lowesthosting.com is not responsible for any fees or reimbursement associated with costs of renewing your domain before or after the transfer is completed.


Account Passwords

Lowesthosting.com will supply various control panel, FTP, and Domain Logins or Passwords where applicable directly to the Account s billing email address upon sign-up. It is the sole responsibility of the Account to manage these passwords and change them where required to maintain account security. Lowesthosting.com will not release private login or password information to any party other than the original account holders current billing email address address or fax and may require additional proof of identity for authentication..

Renewal Billing Policies
Accounts will be automatically rebilled prior to the expiration of services using the email address provided by the client upon sign-up or as updated in our records .Lowesthosting.com will make it's best effort to notify the client via e-mail and optionally by mail that the clients renewal is due however It is the sole responsibility of the client to make sure they pay for renewal of services prior to domain or service expiration and to notify Lowesthsting.com of any changes to their billing email address.

Payment may be made via credit card or optionally via mail in funds only. Clients requesting to mail in funds must allow a minimum of 14 days from date of receipt for Lowesthosting.com to process the renewal billing.

Lowesthosting.com is not responsible in any way for any loss of revenue or business due to account suspension or deletion.
If payment is not received by the expiration of a domain name purchased through Lowesthosting.com, then the registrars rules shall govern the management and release of the domain. The registrar in most cases will provide a small grace period whereby the domain shall be locked for renewal solely by the client for a period that may vary from 5-45 days. After the registrars grace period subsides the domain is generally released back to the central registry for general public availability.

Lowesthosting.com is not a domain registrar but acts as the sales agent for the domain registrar facilitating the submission of new domain purchases and renewals.

Lowesthosting.com does not guarantee domain availability for any new domain or the renewal of an expired domain until after it has submitted the order to it's registrar and received a success confirmation. Domain purchases or renewals are submitted via automated systems for electronic renewal with the registrar however it is the responsibility of the customer to verify the domain was ordered or renewed as requested. Lowesthosting.com shall promptly refund or credit the customer on account for any domain renewal that its registrar is unable to process.

Lowesthosting.com shall retain all client website files on it's servers for 14 days after expiration of services at which point they shall be deleted. In some cases Lowesthosting.com may elect to store the files from an expired hosting account for a longer period at its discretion. Clients desiring to receive access to former files on the servers will incur a 29.00 access charge and dedicated ip address and ftp account will be supplied to allow the client to remove their files within a 3 day window.

Account Cancellation by User
You must notify us via e-mail at admin@Lowesthosting.com from the same email address used when signing up for services or the one updated by you to provide proper authentication or via the cancellation link inside the client area labeled "billing" that you wish to cancel your account. Notification may be made at any time and is without additional cost or pentaly. It is the customers responsibility to confirm the cancellation was received by Lowesthosting.com. Once notice of cancellation is received, Lowesthosting.com hosting shall provide a refund via credit card, paypal or check at its discression.

Cancellations within the first 30 days will receive back 100% of monies paid less only the cost of the domain if a domain or domain transfer was supplied. Cancellations after 30 days will receive a prorated refund for the full balance of any unused annual billing cycle based upon the number of months of service remaining in billing cycle.  Setup fees, domain costs, and consumed hosting services are non refundable.
In the event the customer attempts to circumvent the cancellation procedure by forcing a chargeback or reversal of payment or other dispute Lowesthosting.com shall retain rights to the domain name(s), website files, stored email files untill such fees are and any penalties imposed by Lowesthosting.com are paid.

Modification
Lowesthosting.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice. The date of last modification to this policy is 1/09/2004


Reporting Network Abuse

Any party seeking to report any violations Lowesthosting.com’s policy may contact us via e-mail: admin@Lowesthosting.com