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Hosting Policies Appropriate
Usage Policy
1. LeadWebHosting reserves the right to refuse service or
cancel existing accounts for any reason at any time. In
the event of an account cancellation by LeadWebHosting or
the customer, LeadWebHosting will not issue a refund
unless otherwise agreed to by LeadWebHosting prior to
cancellation.
2. LeadWebHosting reserves the right to change fees at
any time. This does not apply to Annual Hosting
agreements while the agreement is in effect.
3. LeadWebHosting is not responsible for lost revenue,
traffic, or data caused by server down-time or failure,
domain name transfers, or any other error - mechanical or
human.
4. Customers of LeadWebHosting are forbidden from
partaking in any "abusive practice." The
following is a list of current abusive practices.
LeadWebHosting reserves the right to add to or modify
this list at any time.
a. Sending unsolicited commercial e-mail with your
account is a violation and is incurred if any unsolicited
email is reported relating to your domain with us in
anyway, regardless of what SMTP (outgoing mail server)
was used to transmit the message.
b. Upload, posting or reproducing in any way materials
protected by copyright without the permission of the
copyright holder is a violation.
c. Participating in an abusive practice will lead to an
immediate account termination without prior notice or
refund of any pre-payment.
5. Customers of LeadWebHosting are bound to all system
policies listed within this agreement. Violation of any
of these system policies will result in an immediate
account cancellation without refund or access to hosted
files.
6. LeadWebHosting hosting services may only be used for
lawful purposes. Transmission of any material in
violation of any U.S. or any state regulation is
prohibited. This includes but is not limited to:
copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade
secret.
The client specifically agrees to indemnify and hold
harmless LeadWebHosting from any claim resulting from a
breach of these terms, and/or the use of the service
which damages another.
7. This agreement shall be governed by the Laws of the
State of Washington. Any action in regard to this
agreement or arising out of its terms and conditions
shall be instituted and litigated in the State of
Washington District Court for Spokane County. Each of the
parties consents to jurisdiction in such Court and agrees
that service of process as provided by the statutes and
rules of civil procedures of Washington shall be
sufficient.
8. This agreement constitutes the entire agreement
between the parties hereto. LeadWebHosting reserves the
right to make changes to these policies at any time
without notification to customers.
Spam / UCE Policy
As the Internet grows, so do the possibilities for abuse.
LeadWebHosting has implemented the following policies
regarding abuse of Internet services. These policies are
intended to control costs and protect you, our customer,
from Internet harassment and intrusions of privacy.
"Netiquette" is generally defined as the
standards or practices an individual or organization
engages in to insure responsible Internet citizenship on
their behalf, as well as refraining from standards or
practices which would impose undue financial, time, or
social constraints on other users of the Internet. Every
facet of the Internet is overseen by individual
organizations (such as LeadWebHosting) whose networks are
interconnected to form the Internet. Every user of the
Internet is responsible for their behavior on-line as
they are off-line.
Each entity using the Internet contributes to, and thus
assumes some liability for, the cost associated with
traffic and storage. Figuring the cost of storage space
and transmission together, a single posting can cost the
collective Internet thousands of dollars! Similarly,
transmitting e-mail costs money and bandwidth. A customer
abusing e-mail or news postings can create a large
financial impact on the individual networks involved.
Individuals that have fell victim to Internet abuse have
other costs, including decreased effectiveness of the
Internet. A user besieged by SPAM e-mail (a massive bulk
e-mail message to subscribers who did not indicate any
desire to receive such e-mail) spends additional time
downloading and responding to e-mail which was not
requested.
When an LeadWebHosting customer engages in one of these
abusive activities, it costs time and resources to
respond to complaints. This "opportunity cost"
can adversely effect LeadWebHosting’s ability to
provide other services. In some instances, angry Internet
users have been known to "mail bomb" an ISP by
creating programs to send bulk e-mail until the ISP’s
mail server crashes, thereby denying e-mail access to
every customer of the ISP. While our system is robust
enough to rebuff or eliminate most of these abuses,
LeadWebHosting cannot prevent every undesirable activity.
To reach its goal of providing the best business class
web hosting services to our users, LeadWebHosting offers
users a full range of commercial hosting services. Abuse
of these services is considered a violation of our Terms
of Service/AUP ("Contract Agreement"). You
executed this Contract Agreement before the commencement
of your service. One of the most serious abuses is using
your account to send unsolicited commercial e-mail,
otherwise known as "spam." Spamming, or the
sending of unsolicited email, from an LeadWebHosting
server, or using an email address that is maintained on
an LeadWebHosting machine is STRICTLY prohibited and will
result in a minimum fee of $500.00. The following are
examples of spam and are blatantly in violation of your
Contract Agreement.
Inappropriate E-Mail Activities:
Commercial e-mail: Defined as sending unsolicited
commercial e-mails. You are not permitted to use your
LeadWebHosting account or e-mail alias/account of your
Virtual Server to send unsolicited commercial e-mail.
Using an e-mail address hosted anywhere on LeadWebHosting
servers to collect responses from unsolicited commercial
e-mail is also prohibited. This includes using a throw-away,
free e-mail account and redirectors for the same account.
Mail Bombing: Defined as sending large volumes of
unsolicited e-mail to individuals from your
LeadWebHosting account is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail
after being requested to stop, is prohibited. Extremely
threatening or harassing e-mail never is allowed.
Inappropriate Newsgroup Activities:
Newsgroup Spamming: Defined as excessive cross-posting,
or posting the same article to several newsgroups is
prohibited. Generally accepted standards allow no more
than 15 newsgroups, or cross-postings, for a single
article or substantially similar articles. Such articles
may be canceled. You are not allowed to use your
LeadWebHosting based mail facilities to SPAM the
newsgroups
Fine/Penalties
Should you violate LeadWebHosting's SPAM Policies, you
WILL be charged a minimum $500.00 administrative fee and
$125.00 per hour technical support for the time it takes
us to "clean-up" your SPAM. This shall include
but not be limited to the time required to answer e-mail
from angry recipients of your SPAM and/or other actions
of the angry recipients in retaliation of your SPAM and/or
repair of a damaged server due to "Mail Bombing".
Other fees may range from $1.00 to $10.00 per email as
defined by State law. You will also be charged $50 per
gigabyte of data transfer that your SPAM incurred,
including bandwidth used by answers to or complaints
about your SPAM. We will invoice this amount and should
it not be paid, we will take necessary steps to recover
these costs and fees. Necessary steps include legal
action in a court of law, and/or recovery through a
collection agency. Please note also that it is now
considered a crime to send UCE (unsolicited commercial e-mail)
as it falls into the category of "junk faxes."
LeadWebHosting will turn over all names and personal
information to the proper local, state, federal, and
international officials of any person who violates this
policy.
LeadWebHosting may also pursue legal remedies for our or
our customers’ lost revenue resulting from
blacklisting.
Any LeadWebHosting client found to be spamming will have
his/her account terminated immediately without recourse.
We will investigate the report thoroughly before
terminating any account which is part of the
administrative fee. LeadWebHosting reserves the right to
act without warning or second chance. If we conclude that
you have violated our Acceptable Usage Policy, we will
report you and the incident to the proper local, state
and federal authorities and will prosecute you to the
full extent of the law.
If you know of any LeadWebHosting client that is or might
be violating this policy, please send a message or, if
possible, forward the SPAM or UCE in full (including
headers) LeadWebHosting
CGI Scripts Policy
Our servers are not to be used as your testing platforms.
Customer accounts are on high end, live server
responsible for maintaining many accounts. Your server
space is being provided to display your finished product
to the web - NOT for application or script testing. If
you are uploading a script to our server, you acknowledge
that you have already tested your script elsewhere and
that you know how to install the script. Any script that
the server administrator deems to be potentially
threatening to the overall performance of our web server
will be terminated immediately and your account access
could be subject to suspension or terminated without
refund of any pre-paid fees. Termination includes the
purging of all customer files.
Any time spent by LeadWebHosting to kill a script and/or
to lock an account will be billed to the account at a
rate of $65.00 per hour (one hour minimum charge).
Malicious scripts are subject to immediate Account
cancellation.
Please note the following cgi script usage policies:
The script must use low system resources. Scripts that
consume a large amount of server memory or CPU power will
be subject to account review, possible mandatory upgrade
to dedicated server and/or additional fee.
Each user account may not use more than 1% of system
resources at any given time. Scripts may not interact
with any server configuration or hardware. Users running
scripts that interact with any server configuration or
any hardware will be subject to account review, possible
cancellation.
The script can be used and referenced from any site on
the Net (i.e. free counters, etc.); however, scripts must
stay within the allowable usage of our system resources.
Users using more resources than a single user account is
entitled to use will be subject to account review,
possible cancellation.
The script must be executed in a timely fashion. Any
script that uses the processor for more than a few
milliseconds is subject to removal by system
administrator.
Scripts must be secure. Unnecessarily setting permissions
(chmod) of scripts to 777 is a policy violation. Placing
scripts in a publicly viewable directory (one without an
index.html files) is a policy violation and is subject to
removal by system administrator.
Any accounts with scripts found in violation of any
LeadWebHosting, policy are subject to future scrutiny of
all cgi by our system administrator. If a script is found
to be harmful to the system, it will be killed
immediately and the account locked until the account
owners have been contacted. Any time spent by
LeadWebHosting to kill a script and/or to lock an account
will be billed to the account at a rate of $85.00 per
hour (one hour minimum).
Malicious scripts are subject to immediate account
cancellation.
Bandwidth Usage Policy
The official LeadWebHosting policy is to provide enough
monthly bandwidth so that any site using normal resources
will be able to perform without a problem. If a site uses
over it's allotment of bandwidth for its type of account,
the customer’s type of account will automatically be
upgraded and the customer charged the upgraded account
type charges.
The customer will be e-mailed a notice once an upgraded
account type is assessed to the customer. Warnings will
not be sent to notify customer that the limit has been
reached or exceeded. This term and condition is non-negotiable.
Billing Policy
All customers of LeadWebHosting must abide by all the
terms set forth in this and all other policies. Violation
of any of these terms can and will result in the
immediate termination of an account with no refund
including any pre-payment. Billing payment is due on the
purchase renewal date. Product Prices are subject to
change in the future, but are guaranteed through
customers pre-paid billing period.
Monthly Hosting will be billed automatically each month
on the renewal date. Annual Hosting accounts will be sent
a bill on the renewal date.
1. Payments via Credit Card:
LeadWebHosting accepts payment via Master Card and Visa.
Usage of a credit card indicates an authorization to
cover all future monthly or pre-arranged payments fees.
Credit cards will be charged on the purchase renewal date
each month. Pre-paid is paid on the annual renewal date.
If a Credit Card error, delinquency, or expiration is not
corrected by the 10th day after renewal the customer will
incur a $10 late fee
2. Late Payments:
When customer payments are late, the account(s) will be
suspended on the 15th day after renewal and cancelled at
the end of the month if there is no payment made. The
customer will have the option of reactivating the account
after paying the full amount of the invoice due and an
additional fee of $25.00 will be assessed for
reactivation. The reactivation fee is non-negotiable
5. Accounts with Non-Usable credit cards:
Credit cards are non-usable when any of the following
occur:
a. The card has expired;
b. The card declines our charges for any reason;
c. The card is reported lost or stolen;
d. The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent
an e-mail with 10 days to rectify the situation either
with a new payment method or by updating the credit card
information. The customer’s account(s) will be
suspended on the 10th of the month and cancelled at the
end of the month if there is no payment made. The
customer will have the option of reactivating the account
after paying the full amount of the invoice due. An
additional fee of $15.00 will be assessed for
reactivation. The reactivation fee is non-negotiable.
6.Frequently Delinquent Policy:
LeadWebHosting considers a customer to be "frequently
delinquent" after the third past due or credit card
problem notice within any one year period. Customers who
become "frequently delinquent" are required to
purchase an Annual agreement to continue service. On the
30th day of any month, a "frequently delinquent"
customer must have enough money in his/her account to
cover the next month’s hosting fee. When a "frequently
delinquent" customer fails to have sufficient funds
to pay for the next month of service, the account will be
suspended immediately and the account will remain
suspended until the end of the month and cancelled if
there is no payment made. This policy applies to all
payment methods. This policy is non-negotiable.
7.Cancellation Policy:
A cancellation will only be accepted if it is done by one
of the following methods:
a. When customer payments are late, the account(s) will
be suspended on the 10th of the month and cancelled at
the end of the month if there is no payment made.
b. The customer must submit his/her virtual authorization
by requesting cancellation via email to: billing@LeadWebHosting.com
The request must include the following information:
Account name and password
Cancellation request
c. When we are not able to email you. Please inform us
anytime your email address on file changes.
When a cancellation request is made, the technical
department will immediately remove all configuration
information as well as all contents of the account.
LeadWebHosting will remove all files. This will include
unread e-mail left on LeadWebHosting servers.
8. Refund Policy:
Partial - monthly agreement or Partial - Annual agreement
refunds will not be authorized. If you think you will
only need the hosting for a short time please select the
monthly agreement when ordering.
9. Billing Records:
The customer is responsible for keeping records current
at all times. LeadWebHosting is not responsible for
actions that are taken as a result of customer’s
failure to respond to LeadWebHosting notifications.
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