1. Our Services to You
Some of the services are subject to separate terms and conditions. We can refuse to give you a subscription to any service without giving a reason for such refusal.
2. Business and Domestic Use
These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Act applies and nothing in these terms and conditions limits your rights under it.
3. What we Provide to You
We agree to provide web hosting services to you through our host computers but only on the following basis:
We will provide you with an IP address, username, and password to enable access to our service.
We will provide you with bandwidth. Bandwidth is measured by the data transferred to and from your account. Bandwidth usage can be measured accurately for web site (http) data transfer. It is not technically possible to measure ftp and email traffic. Therefore Bandwidth is measured by http usage only. LotD Hosting may make adjustments to this calculation on a case by case basis.
We will provide you with disk space. Disk space is the amount of space measured in bytes used on the server(s). Disk space usage includes both web hosting account files and email.
We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.
But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".
The reasons for these limits on our service levels are because: We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
Our services may be used by you for purposes we do not know about and have no control over.
We may at any time cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site. This right will not be unreasonably exercised.
LotD Hosting offers a 99.9% uptime SLA on all services except Control Panel. We will refund 50% of any service payments for a calender month in which do not maintain an services uptime of 99.9%, with a 100% refund at anything below 99%. All SLA refund requests must be submitted to our billing department. All refund requests must be validated with appropriate data and if that data conflicts with our 3rd party monitoring solution, adequate proof must be provided that the data is accurate.
4. Your Obligation to Pay Us
In return for access to our service, you agree to pay the specified subscription and other charges (as notified on the LotD Hosting web pages).
In particular, you agree as follows: You will be billed on your invoice date every month, quarter, semi-annually or annually. Payment is due immediately upon receipt of the electronic invoice. If the account is not paid within 10 days of the due date your account will be suspended. All services can be terminated and data removed when passing 20 days beyond due date if the account remains in arrears.
Should data usage in access of the monthly amount occur, the amount to be billed will be calculated in 1GB units.
Should disk space usage in access of the agreed quantity occur, the amount to be billed will be calculated in 1MB units.
If your account is overdue for a period of 30 days, your account will be closed and your details referred to our debt collection agency or credit reference agency without notice to you.
You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.
Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
You agree to give us no less than 30 days written notice that your account is no longer required. Until we receive this notice you are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not.
Our service is important to you and our other subscribers.
As a condition of your use of our service you agree as follows:
You agree not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.
Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may terminate your service without liability to you.
Email enables a rapid, immediate and wide-spread response. You must not use the email service for communication that is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to terminate you if we consider that you have breached these standards. If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.
We will make genuine efforts to provide you with a help desk service to assist you with web hosting issues.
5b. Server Resources
LotD Hosting has formulated plans which allow users to utilize the full resources (space and bandwith) that they have purchased. Each plan has a specific limitation on total mysql/mssql disk space allocation. Although there are no specific limitations around CPU/RAM/Data Base usage, LotD Hosting reserves the right to take action against any customer utilizing an unreasonable amount of server resources. Typically speaking, this sort of situation will only arise with a poorly written script or a compromised script. LotD Hosting will take every possible action to prevent taking our customers website offline, however, there will be the rare instance which may necessitate this action. Typically speaking, our staff will contact the user in question and work with them to resolve the issue which has resulted in the unreasonable usage situation. There may also be times when a users services have outgrown a shared environment and they simply need to upgrade to a semi-dedicated or dedicated environment. Typically this would occur as a user is reaching and exceeding the maximum plan available in our shared environment. Any customer reaching this point will be contacted well in advance and will be presented with several upgrade options to accomodate their growth.
We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
7. Use of Personal Information
If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes.
You authorise us and our agents to supply and disclose personal information as to your credit-worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services.
Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.
8. Additional Rights of LotD Hosting as the Service Provider
We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.
Subscriber use of our services may sometimes result in overload. We have the right to terminate any process that appears to be causing an overload on a server.
9. Reseller responsibilities
A reseller is financially responsible for the fees related to his resold virtual hosting accounts, and understands that he is free to charge his customers whatever he choose. A reseller will handle all support and billing duties related to his accounts, and in no event will his customers be given direct access to LotD Hosting email addresses. (Nor under any circumstances will LotD Hosting contact the resellers customers.)
The reseller agrees to take full responsibility for all taxes and fees of any nature associated with products and services sold from his accounts. LotD Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the resellers or his customer's use of server.
The reseller agrees that this service may be utilized only for lawful purposes, and has read and agreed to the "Terms of Service" and the "Reseller Terms of Service". The reseller agrees to indemnify and hold harmless Web Hosting Today from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) arising from his or his customer's usage of the service in violation of the "Terms of Service" and/or the "Reseller Terms of Service".
The reseller agrees that in the event that LotD Hosting may at any time believe that the service is being utilized by his or his customers in violation with the "Terms of Service" and/or the "Reseller Terms of Service", Web Hosting Today may immediately discontinue such service without liability or refund of unearned prepaid service fees.
The reseller acknowledges that LotD Hosting makes absolutely no warranties whatsoever, express or implied with respect to the service to be provided. As a result, the reseller agrees that LotD Hosting shall not be liable for any claims or damages which may be suffered his or his customers, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, nondeliveries, or service interruptions caused by the fault or negligence of LotD Hosting.
10. Chat Server
We do not allow IRC or IRC bots to be operated on our servers.
11. Email Server
We do not allow resellers to operate free email services on our servers.
12. Communications and Notices
All changes and additions need to be sent to LotD Hosting via Email. We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.
We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) on the World Wide Web on our home page or any other appropriate means...
Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.
13. Internet Surprises
Internet services allow access to material which may be the subject to copyright, third party ownership or unreliable or offensive material. You access such material at your own risk and we are not responsible in any way for your accidental or deliberate accessing of that material.
14. Limits on our Liability
By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either express or implied.
In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the Consumer Guarantees Act 1993
You must indemnify us against any claims or legal proceedings arising from your use of the service under this Agreement (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement), which are brought or threatened against us by any other person.
16. Force Majeure
If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.
17. SEO Spamming
SEO Spamming is strictly forbidden on any lotdhosting.com servers. Offending users will have their account suspended immediately and may face additional charges if additional effort and documentation is required to clear our IP block with the search engines