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WELCOME TOLANGNETICHOSTING
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TERMS OF SERVICEBy using Langnetic services, you agree to use the Internet in accordance with the laws and the ethical rules established or to be set up in the future. Our Terms and Conditions of Use policy is one of zero tolerance. Langnetic (named as the The Provider on this page) reserves the right to immediately discontinue or suspend any or all services without liability, refund or continuance of any prepaid service fees when The Provider decides that the account has been inappropriately used or otherwise. By using The Provider's services, you constitute your approval of our policy. SERVER USE Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. The Provider reserves the right to refuse service and /or access to its servers to anyone. The Provider does not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of The Provider. 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. Unauthorized Daemons - Unauthorized daemons are prohibited. An Unauthorized Daemon is any process that continuously runs in the background that is not started or operated by The Provider and/or does not have the express written permission of The Provider to operate. Programs and/or daemons that open listening sockets, whether TCP, UDP, or Unix, are expressly forbidden. Unauthorized Clients - File exchange/sharing clients that are commonly known to be used in the illegal trading of software or copyrighted material and/or that are better serviced from your home computer connected via your ISP (e.g. IRC, Usenet, KaZaA, Gnutella, Napster, and Hotline clients) are not permitted on any of the The Provider's Servers. Bots - Bots of all kinds are forbidden on The Provider's Servers. This includes IRC servers, IRC bots, proxies, anonymizers, and web traversal spiders. Chat - Chat scripts, clients, and servers are strictly prohibited. NO-Spam Policy - Account Holder shall not use, nor recklessly or knowingly permit others to use, any part of The Provider's Network to send unsolicited messages of any kind, regardless of the content or nature of such messages, including but not limited to email, newsgroup postings, web forum postings and other electronic discussion fora. Account Holder shall also not promote, nor recklessly or knowingly permit others to promote, any product or service that uses any part of the The Provider's Network by means of unsolicited messages of any kind, regardless of the content or nature of such messages. It shall not be permissible for the Customer to engage in any bulk E-mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that the Customer engages in such activity, The Provider may elect to immediately terminate the Customer at its sole discretion without prior notice to the Customer. In the event that The Provider terminates the Customer due to this provision, the Customer shall NOT be entitled to a refund. "Sending and/or Forwarding" any amount of unsolicited email shall be considered "spamming". The Customer shall be liable for any and all damages caused as a result of the Customer's failure to comply with this provision. Using any mail server or mail relay to send out unsolicited or solicited email from a large list or by using a CD with hundreds, thousands or millions of email addresses is against our policy. You cannot host web sites for spammers (this means you can't use an outside spammer service to promote your local web site which reside on our network.) Mailing Lists - All mailing lists must use only a confirmed opt-in process for adding subscribers. All subscription based lists must have unsubscribe procedures that are simple to locate and complete. Furthermore, mailing lists exceeding 500 subscribers sent using the The Providers Services must be sent using the mailing list tools that can been installed by The Provider for this purpose. If your mailing list exceeds 1,500 addresses, you must contact The Provider requesting and receiving permission to send the mailing through the The Provider's Servers prior to sending any messages. Fraudulent domains - No customer shall be permitted to add a domain to their account which they do not own or do not have specific permission to use. Fraudulent domains or domains not allowed will be determined at The Provider's discretion, and such domains will be removed and the associated account suspended pending further investigation. SPAM PREVENTION The Provider uses two filters on all shared servers to help reduce the amount of Spam our users recieve. The Provider has chosen ORDB.org, which is the Open Relay Database, and www.spamcop.net. ORDB.org is a non-profit organization which stores IP-addresses of verfied open SMTP relays. These relays are, or are likely to be, used as conduits for sending unsolicited bulk email, also knowen as Spam. Sampcop will list any IPs that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using The Provider services, you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Open Relay database or Spamcop database will be returned to the sender. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere. For more information on ORDB.org or Spamcop please contact The Provider. NOTE:While the SpamCop filter is set to "ON" by default, ANY customer may request to have it turned off for their domain(s). ACCESS Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you.. It is a crime to acess any information in the non-public parts of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited. RESOURCE USAGE The Provider enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more then 30 CPU seconds, or uses more than 10% of all available system resources at any time may be required to move up to a dedicated solution or be hosted elsewhere. PAYMENT POLICIES All accounts are set up on a prepay basis. Although The Provider reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. Customers with accounts set up on a perodic credit card billing plan must keep credit card informaiton current. It is the customers' responsiblity to inform The Provider on changes in credit card type, e-mail address or expiration date to their credit card. In situations where the card number on file is declined The Provider will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, The Provider reserves the right to suspend any or all services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. The Provider charges a $25.00 return cheque fee (NSF, non-sufficient funds) on all cheques and a $25.00 charge per wire transfer recieved. All accounts issuing chargeback's against The Provider will be billed an additional $25.00 per chargeback. For more information, please contact The Provider. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is in US dollars (unless specified otherwise). PAYMENT OPTIONS In order to streamline our accounting procedures and keep costs down The Provider runs a limited number of payment options.
At any point of a customers account exceeds its allotted bandwidth, disk space or CPU resources the customer may be subject to additional overage charges. Overages will be billed at the end of the month, or monthly billing cycle and must be paid in full by cheque or credit card as determined by The Provider at time of billing. You are free to contact The Provider to make alternative payment arrangements. Failure to pay overage charges my result in the suspension of services, until payment is received. 30 DAY TRIAL For customers opening their first account the initial 30 days are available on a trial basis. Customers will not be entitled to this benefit if they have previously had an account with The Provider unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span or purchased via the same credit card. 30 Day Trial is only on the hosting packages. All refunds will be at the sole discretion of The Provider The 30 Day Trial also know as the 100% satisfaction guarantee will not apply to features added to hosting account, that require a licensing agreement (e.g. MS SQL Server Database) CANCELLATION AND REFUNDS The Provider reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes The Provider's terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees, not including fees accrued thought upgrades and features that require licensing. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by The Provider. In addition some accounts incur set-up fees, these charges are also non-refundable. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold The Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Provider, 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 The Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Provider's 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 Provider's server. DISCLAIMER The Provider will not be responsible for any damages your business may suffer. The Provider makes no warranties of any kind, expressed or implied for services we provide. The Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by The Provider and its employees. The Provider reserves the right to revise its policies at any time. Updated 17/11/2005 |
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