LANiMedia

Host Service Terms and Conditions

Important Notice
LANiMedia agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. Clients are allowed to use the service for business/commercial or personal websites or content. LANiMedia reserves the right to change this agreement at any time without notice.

Contents
All services provided by LANiMedia may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canada (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless LANiMedia from any claims resulting from the use of the service, which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links:

Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software
Vip Poster
Hyip
Proxys (including proxy link websites)

Background Running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, LANiMedia reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through LANiMedia's Services may be subject to protection under the Canadian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the LANiMedia Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the LANiMedia Network. If you use a domain name in connection with the LANiMedia Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

LANiMedia reserves the right at its sole discretion to refuse or cancel service. Violation of any of LANiMedia's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the LANiMedia Network, LANiMedia equipment or any LANiMedia email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the LANiMedia Network, LANiMedia equipment or any LANiMedia email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, LANiMedia reserves the right to disable your domain without warning. In addition, LANiMedia may impose a $50 penalty for each spam policy violation. LANiMedia solely reserves the right to refuse or cancel service to known spammers. Lastly, LANiMedia reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a LANiMedia server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold LANiMedia (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against LANiMedia, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LANiMedia against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LANiMedia server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of LANiMedia to the amount paid for service.

Payment Policy

LANiMedia invoices exclusively via e-mail. LANiMedia does not send out invoices via postal services. Payments are due in advance each month from the date the Host Account was established. A charge of $20.00 will be applied for NSF or returned cheques.

Late Payment

Any account whose payment status is not current as of fourteen (14) days past the date of invoice is deemed late. Interest will accrue on the balance owed at a rate of 2% per month (26.8% per annum) from the date of invoice. The Developer reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days after delivery of invoice. Reactivation of closed accounts due to delinquency incurs a $20 reactivation fee as well as payment of the balance due in full.

Cancellation
Thirty (30) days notice prior to your next monthly renewal date is required to cancel your account. Refunds are not prorated. No refunds on SSLs, domains or dedicated servers. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer

LANiMedia will not be responsible for any damages your business may suffer. LANiMedia makes no warranties of any kind, expressed or implied for services we provide. LANiMedia disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LANiMedia and its employees. LANiMedia can accept no responsibility for any loss of data or consequences arising from this.

It is the responsibility of the client to backup all files and data stored on the hosting service. A back up feature is included in the hosting service cPanel and it is recommended that the Client make use of the back up options for the purpose of backing up all website files and data on an ongoing schedule suitable to the Client.

Client agrees to maintain disc space usage and monthly band width transfer within the amounts allocated on the hosting service. This information is available in the cPanel included with the host service and it is recommended that the Client monitor these items on an ongoing schedule suitable to the client.

LANiMedia recommends using an email program for downloading emails on the Client’s computer and routinely removing or storing offline any old emails residing on the host server via the webmail feature, in order to prevent overuse of the host service disc space provided.

If additional disc space or band width is required, the Client must contact LANiMedia to request these services.

Finally, LANiMedia wishes to emphasize that in accepting services, customers indemnify LANiMedia for the violation of any law or LANiMedia policy, that results in loss to LANiMedia or the bringing of any claim against LANiMedia. This means that if LANiMedia is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against LANiMedia, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

LANiMedia reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

I Agree to the Terms and Conditions:
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