Terms of Service
Copyright and Legal Information
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:
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
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.
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
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
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.
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.
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.
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
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
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.
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
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
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
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
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.
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.
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..
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
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
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
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.
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
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
Any party seeking
to report any violations Lowesthosting.comís policy may contact us via