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*Here is the Agreement you must adhere to in order to use LaserHosts' web services and web hosting.  Please read through this document before signing up.  By signing up for any services, you acknowledge that you have fully read, are in agreement with, and will abide by this document.

Last updated: 04/12/2002

LaserHosts Terms of Use Agreement

The number one rule that will govern you account's existence is "NO SPAM". To keep it simple, spamming is sending unsolicited email to a person that did not request to be contacted in the first place. You are also not allowed to advertise a domain name hosted on our servers using unsolicited email. Spam reports are taken very seriously and will inevitably lead to your account termination.  Adult, violent, illegal and otherwise undesirable content are also not allowed with our service. Please make sure to read the terms and conditions below attentively before placing your order to avoid disappointment.

TERMS OF SERVICE 

It is your sole responsibility to read through and understand these terms prior to paying for, accepting service, or signing up for programs stated on laserhosts.com.  LaserHosts Web Services, LaserHosts, LaserHosts.com, RMT, and any of our higher end server companies will herein after be referred to in this document as LaserHosts, or LaserHosts.com.  LaserHosts is a domain name registration, web hosting and web design affiliate and provider. LaserHosts reserves the right to suspend or cancel a customer's access to any or all the services provided by LaserHosts when LaserHosts decides that the account has been inappropriately used or otherwise.  LaserHosts may also request actions from customer prior to any services performed for customer.  If any requests or actions from LaserHosts are not completed within 14 days, LaserHosts has the right to terminate all services, and hired work without refund or explanation.  This is to protect us from theft, ,fraud, and dishonest customers.  LaserHosts reserves the right to refuse service to anyone, for any reason, at any time, without refund, cause, or explanation.

 LaserHosts does not allow any of the following content to be stored on it's servers, or those leased:

-Illegal Material - Includes the illegal use if copyrighted material, works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

-Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

-Violent content - Includes the promotion of war, hatred, racism, weapons. The designation of "violent material" is left entirely at the discretion of LaserHosts.

If any such material is stored or listed on your site, please note that LaserHosts has the right to stop, suspend, or end any and all services you or your company have signed up for, and paid for.  No refunds are given due to breaking of this agreement in any way.  This also applies to any links listed on your website to other sites not hosted by LaserHosts.  Please make sure you understand this agreement prior to signing up for, and paying for services.  LaserHosts holds no liability based on your website, business, services, or payments made, or received.

SERVER USE
Accounts may be resold an entity, web designer may resell the service to their customers provided that only ONE customer per account is hosted. Allowing a separate, third party to host content on the owner's web site is a breach to this agreement. Exceptions to this include ad banners, classified ads, and personal ads and reseller accounts. If your account shows activity in breach of this clause, LaserHosts shall have the right to cancel the account and terminate the Services and/or this Agreement immediately without issuing a refund. 

This includes but is not limited to third party access to CGI services, database hosting, counters, banner exchanges, auto responders, mailboxes, mail forwarding, mail filtering, and content publishing systems. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account. Resellers may make reasonable use of account features shared between multiple accounts they are being billed for.

This means that, for example, you cannot:resell autoresponders to third parties, run a service like hotmail.com, run a service like pobox.com, run a service like tripod.com, run a service like linkexchange.com, run a service like thecounter.com, run CGI scripts for other sites, host a remailer

Certain usages are acceptable. Those exceptions will be made on a case-by-case basis only, and LaserHosts reserves the right to discontinue service for any system whose maintainer is unable or unwilling to control abuse or related problems.  

Users may not, through a script, interactive commands, or any other means, take the following actions on LaserHosts servers:

• Run any process that requires excessive amounts of memory space.
• Run any program that requires excessive CPU seconds to complete.
• Run any program that "fork bombs" or otherwise uses child processes in a manner that disrupts performance of the server, or in order to attempt to circumvent resource restrictions.
• Use the a command, or any similar tool which recursively explores directory structures, anywhere except in their own directories.
• Send out mail to more than 100 addresses in one batch, whether sequentially or in parallel. Such batches must "sleep" for at least three seconds between each delivery attempt. Please consider using our mailing list services for such mailings.
• Send prohibitively large messages to any receiving system that cannot or does not wish to receive them. Large file transfers should be accomplished through FTP, not electronic mail.
• Run their own mailing list software, whether custom or packaged.
• Run any chat application.
• Run a banner exchange, remotely-accessible Web counter, or any other service that performs CGI services for sites outside our network.

• No database may be used to act as a "hit counter," or for logging of web site information,  including but not limited to browser and page referrer information).
• Each individual database is allotted up to 15MB (megabytes) of disk space. Extra disk usage within reason is allowed, and LaserHosts reserves the right to charge for over usage.
• Databases may not be used for circumventing account disk allowances by storing normal Web content (HTML, images, etc) within the database.
• Databases may only be used in conjunction with LaserHosts hosted accounts. Access to databases from outside our local network is provided strictly for site and database development.
• Databases may not be used to store binary data (including but not limited to image, multimedia and application files). These files should be stored within the user account and referred to in the database by a "pointer," if needed.

The installation or operation of any stand-alone, unattended server-side processes or daemons on LaserHosts servers are forbidden, except by special arrangement. This specifically includes IRC bots or clients as well as any network redirector programs. Use of such a process to accept network connections, for any purpose whatsoever, is expressly forbidden. Violation of this policy may result in immediate account termination without warning.

LaserHosts reserves the right to refuse service and/or access to its servers to anyone before, or after payment has been received from customer. You represent, undertake and warrant to LaserHosts that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake  that. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.  You will not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way or any material containing a virus or other hostile computer program or constituting, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.  The Server company may appeal, change, or amend all agreement rules, service quotas, and documents as desired.  We reserve the right to refuse service to anyone of our choosing, and do not need to explain if refusal, or any other action is taken.  You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

While LaserHosts will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

PAYMENT AND RENEWAL POLICY

All accounts are set up on a prepay basis. Although LaserHosts reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Prices advertised are only valid if paid for in one annual installment.  When monthly prices are quoted, this is the annual payment divided by 12 months.  Annual payment customers do not pay any setup fees.  Monthly payments options are available for a $14.95 setup fee to activate account, unless the LaserHosts Office waives this, or advertises a "Free" setup for your account.  Payment is due 2 weeks before your order's date anniversary (either monthly or annually). Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. Monthly and Annual contracts are agreed upon for 12 months (1 year) of service, and you as the customer agree by signing up, to pay for 12 months of hosting service.  Failure to renew prior to this deadline results in interruption and later cancellation of our services.

Cancellation: The customer is responsible for all money owed on the account from the time it was established to the time that the customer provides a written request of cancellation by logging a NEW Help Desk ticket at www.LaserHosts.com/support, AND cancels their subscription payment through PayPal.  Your account must be in active and good standing to continue to use our services.  Active and good standing means you must have ALL of the following in place:

• An active account with us in good standing and no past due balance

• An active payment subscription through PayPal for any and all of our services needed

If you cancel your payment subscription, this is viewed as canceling your account regardless of any time still to your credit for your account.  You must have an active and good standing payment subscription through PayPal with our company for the service you are using, or your account and/or service will be terminated without refund or credit for the remainder of your time already paid.  Please make sure you keep a current payment subscription for any and all services needed through our company.

Your payment plan begins the day you sign up for service, and payments should be made on a timely basis on the day of your anniversary payment date (either monthly or annually).  If your payment is not received by or before the due date, and funds are available on that day, (either monthly or annually) you will be charged a 5% or $5.00 late fee, whichever is greater.  If your PayPal account, or bank account  cannot support any payment (subscription or non) to us, you agree to pay a $30.00 NSF fee to LaserHosts, as well as the late fees.  These amounts will be due immediately.  Any of these charges can be charged after one payment failure.  We are not required to give other chances for you.  Paying your late fees, NSF (Non Sufficient Funds) charges, and past due balance does not guarantee continued service or privileges with our company.  Service does not begin when site design is ready or posted.  Service for paid usage begins the day you sign up for, and pay for hosting service.  There will be no "credit" for non use on your part, or because design for website was not prepared yet.  (Either by you, LaserHosts, or any 3rd party)  There will be no exceptions.  LaserHosts may apply any payments made by you to any of the services you have signed up for.  For example, if you pay for design work which has not yet been finished, and owe a current or past due hosting payment, we may subtract the owed amount from design amount.  You may then have to pay extra money to compensate for amount taken away, due to non payment on your part.  As a measure of protection against abuse, LaserHosts conducts a strict non-refund policy, no exceptions are made regarding this point.  LaserHosts is in no way responsible to make sure you cancel your payment subscriptions to our services.   If you withdraw, are suspended, or terminated from our services, it is still up to you solely to cancel your subscription payments through PayPal.  No refunds are given if you neglect to do this.  LaserHosts typically uses PayPal for online payment options.  It is up to you, the customer's own responsibility to open, update, keep active, and fulfill any PayPal account obligations, and requirements to make certain payments can be made to LaserHosts.  LaserHosts Web Services is not responsible in any way to update you if your package plan has decreased or increased in price.  It is solely up to you to keep up to date with our prices, plans, packages, agreements, and offers.  There will be no reimbursement, refund, or matching for any prices paid.  This includes past, present, and future payments.  Without prejudice to LaserHosts and other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you, and/or charge you a the late fees.

DOMAIN NAME REGISTRATION SERVICE

LaserHosts provides a domain registration service. Domain name registration is governed by the domain name dispute policy of the ICANN. Registering a domain name does not provide the registrar to any legal / trade mark rights over the name. LaserHosts makes no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name until you have been notified that it has or they have been registered. Registration for a domain name is in LaserHosts' company name.  You are only renting use of a domain name.  Actual registration for such domains are LaserHosts' ownership.  Any action taken by you before such notification is at your risk. You shall have no right to bring any claim against us in respect of refusal to register a domain name. In the event of  name registration refusal by the naming authority (and in this case only) LaserHosts will provide you with the opportunity of choosing an alternate domain name to register. Any administration charge paid by you to us shall be non-refundable even in of case refusal by the naming authority to register your desired name. LaserHosts shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, LaserHosts shall be entitled, at it's discretion and without giving any reason, to withhold, suspend or cancel the domain name. LaserHosts shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. LaserHosts shall not release any domain to another provider unless full payment for that domain has been received by LaserHosts.

HELP AND SUPPORT
Support is provided for Free to all customers in good standing with our company.  Any questions for help in any way should be sent to our support desk at: www.LaserHosts.com/support.  Response will be within a 48 hour (or less) turn around time from when we receive your message.  Typically within a few hours.  

For more immediate assistance, or emergencies, Premium support is available for a nominal fee by calling: (608) 834-225 or (800) 928-LASER.  This is a 24 hour number, 365 days a year.  You will be charged a rate of $1.00 per minute or $60.00 per hour. There is a minimum charge of at least $15.00 per session.  You will be billed via an invoice by E-mail which will include a payment link.  Payments are to be made though PayPal.  When calling, if there is no answer, leave a voice mail.  The premium support line will also be billed to you, or your company if used by a person acting on your behalf.  Premium support response time is as soon as possible.  (Usually immediately)  Long distance charges may also apply above these costs.

New customers that are signing up for service may call our sales support at: (608) 834-5225 or (800) 928-LASER.  You will NOT be billed by LaserHosts for the support of signing up as a brand new (1st time) customer.  However toll and / or long distance charges may apply depending on location and availability.  If you prefer to contact by E-mail, please write to: Sales@LaserHosts.com

The times suggested are approximate.  They are never absolute or guaranteed in any way.  Premium support is always first priority before standard support.  

SERVICE AVAILABILITY
LaserHosts shall use all reasonable endeavors to make available to you at all times the Server and the Services but  shall not, in any event, be liable for interruptions of Service or down-time of the Server.  Any advertised or listed features from LaserHosts for any services or products are not guaranteed.  Hosting pages are approximated by static web pages.  Actual pages will depend on size and usage thereof.  LaserHosts shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

While using the service, you may not:

1. Restrict or inhibit any other user from using and enjoying the Internet;
2. Post or transmit any unlawful, threatening, abusive, libelous, pornographic, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

LaserHosts reserves the right to refuse or discontinue service to anyone at LaserHosts sole discretion. LaserHosts may deny you access to all or part of the service without notice if you engage in any conduct or activities that LaserHosts in its sole discretion believes violates any of the terms and conditions in this agreement. LaserHosts shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that LaserHosts has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. LaserHosts reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

LaserHosts makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by LaserHosts or its agents or employees shall create a warranty. LaserHosts provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall LaserHosts be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with LaserHosts service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on the chosen servers that such information becomes available to all Internet users and that LaserHosts has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of LaserHosts servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through LaserHosts, or on the Internet generally.

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply LaserHosts with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by LaserHosts, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at LaserHosts. You agree to abide by any and all future LaserHosts policy decisions.

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify LaserHosts immediately in writing by mail to LaserHosts, PO BOX 174 Sun Prairie, WI 53590. You shall be held fully responsible for any misuse or compromise to your account for which LaserHosts is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, LaserHosts has the right to suspend access to the account pending an investigation and resolution. You also agree that LaserHosts has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.  By signing up for any services with LaserHosts, or LaserHosts, you agree to accept periodical newsletters, ads, and information from our company, and any and all of our affiliates by E-mail, phone, postal mail, or otherwise.

Your use of the service is at your sole risk. LaserHosts is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the servers.

You agree to supply appropriate payment for the services received from LaserHosts, in advance of the time period during which such services are provided. You agree that all fees are non-refundable. You agree that until and unless you notify LaserHosts and of your desire to cancel any or all services received, and you manually cancel the subscription payment, those services will be billed on a recurring basis. You agree that payments will be billed and charged automatically, and that LaserHosts may apply the amount due at any time.  LaserHosts is not responsible to cancel your billing subscriptions.  This must be done through PayPal, or any other form of payment used.  Cancellations must also be received in writing. Cancellations should be sent to LaserHosts Cancellation Department, P.O. Box 576, DeForest, WI 53532. The account domain, name servers, username, password must be included. 

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold LaserHosts, or it's agents harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LaserHosts, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LaserHosts against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from the server.

DISCLAIMER
LaserHosts will not be responsible for any damages your business may suffer. LaserHosts makes no warranties of any kind, expressed or implied for services we provide. LaserHosts disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LaserHosts and its employees. LaserHosts reserves the right to revise its policies at any time without notice to our customers.  It is your responsibility to keep updated on terms and policies.  Please check back to this page for updates or changes. Violation of this policy may result in immediate account suspension, or termination without warning.  Features, packages, plans, quotas, server stats, and utilities are subject to change without notice

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

This agreement supersedes any written, electronic, or oral communication you may have had with LaserHosts or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

By placing and continuing to maintain or place information on the servers provided, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.