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Lintbox Webhosting ("The Company") agrees to offer services to the client, subject to the
following TOS (Terms of Service).
Email Usage: Spam, bulk, or unsolicited email is strictly prohibited. We have a zero tolerance for this and
any account that violates this will be immediately shut down. Lintbox Webhosting will be the
sole arbiter of what constitutes a violation. This includes but is not limited to sending a
bulk mailing, unsolicited commerical email, emails sent from outsite the server advertising
your site, opt-in and opt-out lists. Questions on this can be sent to admin@lintbox.net
Right to Refuse Service: Lintbox Webhosting reserves the right to refuse it's services to
anyone for any reason. This policy is enforced to ensure a professional and secure environment
for all customers on our systems.
Use of Lintbox Webhosting Service constitutes acceptance and agreement to Lintbox Webhosting's
TOS (Terms of Service) and AUP (Acceptable Use Policy).
All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable
Use Policy) of Lintbox Webhosting. The AUP may be changed from time to time at the discretion
of the Company. Client understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This agreement shall be construed in all respects in accordance with the laws of the province of
Ontario applicable to contracts enforceable in that province.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal
activities. Therefore, the client agrees that the Company may disclose any and all client
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
client. In addition Lintbox Webhosting shall have the right to terminate all service set forth
in this Agreement.
Service Rates: Client acknowledges that the nature of the service offered and the initial
rates and charges have been communicated to the client. The client 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 a reoccurring date that coincides with the date
of signup.
Payments and Fees:
Lintbox Webhosting utilizes the Credit Card processing services of 2Checkout.com, Inc.
and/or PayPal and as such must abide by the Terms of Service of said company. All Credit Card,
PayPal, and e-check purchases will be sold/processed by 2Checkout.com, Inc. or PayPal. All
services will be provided by Lintbox Webhosting.
Refund and Disputes: All overcharges or billing disputes must be reported within 30 days of the
time the dispute occurred. If you dispute a charge to your credit card issuer that, in Lintbox
Webhosting's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you
agree to pay Lintbox Webhosting an "Administrative Fee" of $50.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the
failure of Client to pay charges when due. Such termination or denial will not relieve the client
of responsibility for the payment of all accrued charges, plus reasonable interest and any
collection fees.
Account Cancellation: All requests for canceling accounts must be made in writing to
billing@lintbox.net. You must have all account information to cancel.
The client acknowledges that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain. Therefore, the client
agrees that the company shall not be liable for any damages arising from such causes beyond
the direct and exclusive control of the company. The client further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount equivalent
to charges payable by the client for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages, loss or injury.
Support Boundaries: Lintbox Webhosting provides technical support to our clients. We limit our
technical support to our area of expertise. The following is our guidelines when providing
support: Lintbox Webhosting provides support related to your server or account functionality.
Lintbox Webhosting does not offer tech support for application specific issues such as CGI,
JavaScript, PHP or ASP programming, html or any other such issue. Lintbox Webhosting does not
provide technical support for YOUR clients. If you can email, we encourage you to email
support@lintbox.net or utilize the other support methods for assistance.
SPAM and Unsolicited Commercial Email (UCE): Lintbox Webhosting takes a zero tolerance approach
to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this
means that the clients of Lintbox Webhosting may not use or permit others to use our network to
transact in UCE. Clients of Lintbox Webhosting 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 Lintbox Webhosting's SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, Lintbox Webhosting will initiate an immediate
investigation (within 48 hours of notification). During the investigation, Lintbox Webhosting
may restrict customer access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Lintbox Webhosting may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, Lintbox Webhosting reserves the
right to pursue civil remedies for any costs associated with the investigation of a
substantiated policy violation. Lintbox Webhosting will notify law enforcement officials if the
violation is believed to be a criminal offense.
Violations of this policy will result in your account being immediately terminated. Users who
violate this policy agree that in addition to these penalties, they will pay "Research Fees"
not to exceed $150 per hour that Lintbox Webhosting personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM.
As our clients are ultimately responsible for the actions of their clients over the Lintbox
Webhosting network, it is advisable that clients develop a similar, or stricter, policy for
their clients.
Domain Registration Data: When you register a domain name with Lintbox Webhosting, you are
required to provide us with certain information. This information includes:
Your full name, postal address, e-mail address, voice telephone number, and fax number if
available; The name of an authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation; The IP addresses of the primary nameserver
and any secondary nameserver(s) for the TLD name; The corresponding names of those nameservers;
The full name, postal address, e-mail address, voice telephone number, and fax number if
available of the technical contact for the TLD name; The full name, postal address, e-mail
address, voice telephone number, and fax number if available of the administrative contact for
the TLD name; The name, postal address, e-mail address, voice telephone number, and fax number
if available of the billing contact for the TLD name; and Any remark concerning the registered
TLD name that should appear in the WHOIS directory.
You agree to update this information to keep it current, complete and accurate. You also agree
and understand that the foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement. If your domain is managed by Lintbox Webhosting, you may
submit requests to update this information using support@lintbox.net.
Network
IP Addresses: If Lintbox Webhosting assigns the client an Internet Protocol address for
client's use, the right to use that Internet Protocol address shall belong only to Lintbox
Webhosting Services, and the client shall have no right to use that Internet Protocol address
except as permitted by Lintbox Webhosting in its sole discretion in connection with the
Services, during the term of this Agreement. Lintbox Webhosting shall maintain and control
ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by
Lintbox Webhosting, and Lintbox Webhosting 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 Usage: The client agrees that bandwidth that exceeds the given rate on a monthly basis
will pay an "overage" as detailed on the Lintbox Webhosting website. Lintbox Webhosting
will monitor the client's bandwidth via MRTG. Lintbox Webhosting shall have the right to take
corrective action if the client's bandwidth is excessive and interrupts service for other clients.
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 Lintbox Webhosting's sole and absolute discretion. All account are subject to a 5
gigabyte daily bandwidth limit. If an account exceeds this it may be shut down and service
discontinued.
System and Network Security: Users are prohibited from violating or attempting to violate the
security of the Lintbox Webhosting Network. Violations of system or network security may result
in civil or criminal liability. Lintbox Webhosting 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:
Excessive Resource Policy: Resources are defined as processor and ram utilization. A
website is considered to be using "Excessive amounts of resources" when it monopolizes the
resources available by using 15% or more of system resources for longer than 90 seconds. There
are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP,
HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent
the misuse of our servers. We reserve the rights to suspend or terminate any hosting account
that we feel is jeopardizing our network. Lintbox Webhosting will be the sole and final arbiter
as to what constitutes a violation of this policy. Databases cannot exceed 50% of your total
disk space.
Software, copyrighted mp3s, and other copyrighted files may not be distributed using our
network.
Due to the special system and network requirements of adult-oriented sites, pornography and
sex-related merchandising are prohibited on our servers. This includes sites that
may infer sexual content or provide links to adult content elsewhere. This is also true for
sites that promote any illegal activity or content that may be damaging to our servers or any
other server on the Internet, or provide links to such sites.
Lintbox Webhosting does not allow IRC services or IRC bots to be operated.
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.
Addition of IP addresses that have not been specifically assigned to the server.
Notification of Violation: Lintbox Webhosting is under no duty to look at each client's or
user's activities to determine if a violation of the TOS or AUP has occurred, nor do we assume
any responsibility through our TOS or AUP to monitor or police Internet-related activities.
Any user, which Lintbox Webhosting determines to have violated any element of this agreement,
shall receive an email, warning them of the violation. The service may be subject at Lintbox
Webhosting's discretion to a temporary or permantent suspension pending a user's agreement in
writing, to refrain from any further violations.
Suspension of Service or Cancellation: Lintbox Webhosting reserves the right to suspend
network access to any customer if in the judgment of the Lintbox Webhosting network
administrators the client's account is the source or target of the violation of any of the
other terms of the TOS or AUP or for any other reason which Lintbox Webhosting chooses. If
inappropriate activity is detected, all accounts of the client in question will be deactivated
until an investigation is complete. Prior notification to the client is not assured. In
extreme cases, law enforcement will be contacted regarding the activity. The client will not
be credited for the time the client's accounts/machines were suspended.
Lintbox Webhosting reserves the right to amend its policies at any time. Failure to follow any
term or condition will be grounds for immediate Cancellation. You will be held responsible for
the actions of your clients in the matter described on these Terms and Conditions. Therefore,
it is in your best interest to implement a similar or stricter TOS or otherwise called
Acceptable Terms of Use policy.
Indemnification: Lintbox Webhosting wishes to emphasize that in agreeing to the Lintbox
Webhosting Acceptable Use Policy (AUP) and Terms of Service (TOS), the client indemnifies Lintbox
Webhosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that
results in loss to Lintbox Webhosting or the bringing of any claim against Lintbox Webhosting
by any third-party. This means that if Lintbox Webhosting is sued because of a client or a
customer of a client's activity, the client will pay any damages awarded against Lintbox
Webhosting, plus all costs and attorney's fees.
Miscellaneous Provisions: You MUST provide us with, and keep current, good contact information
for you. E-mail, telephone, fax, and postal mail contacts are used, in that order of preference.
Lintbox Webhosting takes no responsibility for any material input by others and not posted to
the Lintbox Webhosting Network by Lintbox Webhosting. Lintbox Webhosting is not responsible for
the content of any other websites linked to the Lintbox Webhosting Network; links are provided
as Internet navigation tools only. Lintbox Webhosting 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.
Lintbox Webhosting is not responsible for any damages your business may suffer. Lintbox
Webhosting does not make implied or written warranties for any of our services. Lintbox
Webhosting 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 Lintbox Webhosting.
Responsibility for Content: You, as Lintbox Webhosting's client, are solely responsible for
the content stored on and served by your Lintbox Webhosting account. Keep active backups of all
files to ensure no loss of data.
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