Terms of Service
Introduction: We don't like hidden charges, so we don't have any. You host with us and you will be happy. Do not do anything wrong and you will be happy with the services of LanComHosting! :-)
LanComHosting.com under the control of LanCom Consultants ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of any of the services provided by The Company constitutes acceptance and agreement to the The Company's AUP(Acceptable Usage Policy) as well as the The Company's TOS (Terms Of Service) and all of The Company's other policies.
All provisions of this contract are subject to the TOS and AUP of The Company. The TOS and AUP may be changed at any time at the discretion of The Company and without further notification of the Subscriber. Any changes to any portions of this agreement or any policies of The Comany shall be effective immediately upon uploading to this website and shall supersede all previous postings. Subscriber understands that changes to the TOS, AUP, or any other policy 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 state and county in which The Company resides, applicable to contracts enforceable in that state.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any verified law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition LanComHosting shall have the right to terminate all service set forth in this Agreement.
The following types of uses are NOT allowed: Adult hosting, warez, child pornography, hate sites. This includes any sites that contain direct links to other sites which contain the above dis-allowed material. Most things that are legal may be hosted. Our hosting services may provide the ability for streaming multi-media content, however, posting copyrighted material that you do not have permission to post is not allowed. Please help us keep our services dedicated to a Family-Friendly oriented atmosphere. Please direct your suggestions to our Suggestions Department.
Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge (individual hosting accounts). Dedicated servers that are suspended are subject to a $200 reconnection fee. Accounts not paid by due date are subject to a $25.00 late fee after 3 days and $10 after each day after that. Accounts that are not collectable by LanComHosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for cancelling accounts must be made in writing with at least 30 days, but not more than 60 days, prior written notice in an e-mail sent to theAccounts Department. You must provide all account information for the account in question to cancel the account.
Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Subscriber further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 business days. However, due to unforeseen complications, this process may sometimes require up to 5 business days.
Domain Name Transfers: You may select to transfer your domain name to our registrar, but this is not required. If you transfer your domain name to our registrar, your domain name is transferred at no extra charge. Also, as long as you host with us, that domain name will be renewed each year at no extra charge. You are allowed one free domain name per hosting account. Please read the section Domain Name Registrations for more information about registering domains. Visit our Domain Names page to initiate a Domain Name Transfer.
Customer Support Boundaries: LanComHosting provides online technical support to our subscribers via form email at our Contact Us page. We limit our technical support to our areas of expertise. The following is our guidelines when providing support: LanComHosting provides support related to your server or virtual site physical functioning. LanComHosting does not offer tech support for application specific issues such as CGI programming, html or any other such issue. If you have a reseller account, LanComHosting does NOT provide technical support for YOUR customers. We encourage you to visit our Contact Us page, or post in our discussion forums (when they become available) for assistance. If you are able to get online and have other questions, the answers may be on our home page at www.LanComHosting.com - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
LanComHosting's "spam" Policy
Unsolicited Commercial E-mail (UCE)
and Unsolicited Bulk E-mail (UBE): Otherwise known to the internet community as "spam", The Company takes a zero tolerance approach to the sending of UCE or UBE over our network(s). Very simply, this means that Subscribers of The Company's services may not use or permit others to use our network(s) to transact in UCE or UBE. Subscribers may not host, or permit hosting of, sites or information that is advertised by UCE or UBE from other networks. Violations of this policy carry severe penalties, including immediate termination of Subscriber's account. On a personal note, I do not like calling it "spam", because I believe Hormel's SPAM is a rather tasty luncheon meat. Since the word in the internet context usually refers to an unwanted piece of information that is forced into a person's view without their permission, I would rather prefer to associate UCE and UBE as "kram". Sounds like a more appropriate term to me.
Violation of the The Company's "spam" Policy will result in severe penalties. Upon notification of an alleged violation of our "spam" Policy, The Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our "spam" Policy, The Company may, at its sole discretion, restrict, suspend or terminate customer's account. Furthermore, The Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $100 and Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Subscriber's account. Subscribers who violate this policy agree that in addition to these "Administrative" penalties, Subscriber will pay "Research Fees" not to exceed $125 per hour that The Company's personnel must spend to investigate the matter. PLEASE, DO NOT "spam" or "KRAM" from your account.
As our Subscribers are ultimately responsible for the actions of their clients or colleagues over the The Company's network, it is advisable that Subscribers develop a similar, or more strict policy for their clients and colleagues.
Network
IP Address Ownership: If The Company assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use or revoke that Internet Protocol address shall belong only to The Company, and Subscriber shall have no right to use that Internet Protocol address except as permitted by The Company in its sole discretion in connection with the services provided by The Company, during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by The Company, and The Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Company's allocation of IP addresses is limited by ARIN's new policies. These 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 Subscriber is 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 and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Subscriber on the Order Form. The Company will monitor Subscriber's bandwidth and disk usage. The Company shall have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage. 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 The Company's sole and absolute discretion. If The Company takes any corrective action under this or any other section of the Agreement, Subscriber shall NOT be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, The Company may, at its sole discretion, collect a deposit, in an amount determined by The Company, against customer's credit card on file with The Company.
System and Network Security: Users are prohibited from violating or attempting to violate the security of The Company's Network. Any such violations of system or network security, and/or attempts thereof may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and will cooperate fully with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
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 forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. The Company will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for Subscribers if they ask us for the assistance.
Suspension of Service or Cancellation: The Company reserves the right to suspend network access to any Subscriber if at the discretion of the The Company's network administrators the Subscriber's server 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 The Company chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Fees are not refundable under any cicumstances. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding suspected illegal activity. The Subscriber will not be credited for the time the customer's machines were suspended.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
Non-action or waiver by The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing action or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat rooms are to be used on our servers.
Subscriber shall not transfer or assign this Agreement without the prior written consent of The Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. The Company reserves right to cancel Subscriber's rights under this contract at anytime without further obligation.
The Company takes no responsibility for any material input by others and not posted to the The Company's Network by The Company. The Company is not responsible for the content of any other websites linked to the The Company's Network; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
The Company is not responsible for any damages you or your business may suffer. The Company does not make implied or written warranties for any of our Internet Services. The Company 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 The Company.
Responsibility for Content: You, as Subscriber, are solely responsible for the content stored on and served by The Company's server(s).