MBC.LowCost-WebSpace.com
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Terms Of Service


1. Account Creation.
Setup of your account will only be initiated after Lowcost Webspace have received payment and/or our partners have confirmed payment and screened the orders for fraud.
Before Account creation is also carried out, we MUST be issued with a contact email address other than one based on the domain which is being set up.

2. Traffic and Storage Policies.
Lowcost Webspace allocates a set amount of storage and bandwidth per customer.
If customer exceeds or is about to exceed the allocated amount of storage or traffic, Lowcost Webspace will send a courtesy notice to customer with further options and pricing.
Extra Bandwidth and Storage pricing is available on request (see our hosting packages page on our website)

3. High Resource Policy
MySQL databases which consume large amounts of resources will be immediately terminated or suspended at Lowcost Webspace's discretion.
CGI scripts found to consume large amounts of system resources will immediately be terminated or suspended at Lowcost Webspace's discretion.
Websites found to consume large amounts of system resources such as httpd, cgi, mysql can be suspended at anytime at Lowcost Webspace's discretion. Lowcost Webspace considers at least 7% CPU Usage, 7% Memory Usage, and 7% mySQL usage as high resource.

Lowcost Webspace commits 100% stability to all our servers, and network that Lowcost Webspace has control over. To keep with this commitment, any website, reseller or non-reseller that Lowcost Webspace feels is degrading the performance of our network may be suspended at Lowcost Webspace's discretion, without being required to notify the end user in advance.

As a set standard, Lowcost Webspace will run spot testing anytime we feel our network may be becoming unstable due to a High Resource Customer. If a customer is found to be utilizing more then 7% of CPU / 7% Memory / 7% MySQL, they will be sent a courtesy notice. The 2nd notice, the customer will be suspended for 7 days. The 3rd notice, the customer will be terminated due to High Resource Usage

What does Lowcost Webspace consider "CGI Abuse"? Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance.
Lowcost Webspace is the sole determinant of what constitutes degraded server performance.

Due to their use of flat files instead of databases, Lowcost Webspace does not allow the use of any cgi based forums. Use of these boards for large or very active forums results in system performance degradation, and cannot be allowed in our shared server environment.

Accounts classified as High Resource Accounts and are either suspended or terminated are not entitled to a refund for any pre-paid services.

4. Resource Usage
Users may not initiate the following:
  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run any type of interactive real-time chat applications that require server resources.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent.
  • Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

5. Content
All services provided by Lowcost Webspace may only be used for lawful purposes. This includes, but not limited to:
Copyrighted material, material we judge to be threatening or obscene, pornography.
The customer agrees to indemnify and hold harmless Lowcost Webspace from any claims resulting from the use of our services.

Examples of unacceptable material:
  • IRC Bots (Including 'egg drops' or any IRC related programs)
  • Warez Sites
  • Pirated Software
  • Hate sites
  • Hack programs and archives
Lowcost Webspace will also not allow sites that provide points of distribution, or links to the above types of sites.
Lowcost Webspace reserves the right to remove such illegal material from its servers immediately.
Lowcost Webspace expressly forbids anyone from using Lowcost Webspace's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the Lowcost Webspace management.

6. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

Lowcost Webspace reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Lowcost Webspace also reserves the right to make any such modifications in an emergency at our sole discretion.

Lowcost Webspace reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Lowcost Webspace. All rights reserved.

7. Backups and Data Loss
Your use of the service is at your sole risk. Lowcost Webspace is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Lowcost Webspace servers.

8. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. Payment Policies
You agree to supply appropriate payment for the services received from Lowcost Webspace, in advance of the time period during which such services are provided. You agree that until and unless you notify Lowcost Webspace of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Lowcost Webspace accepts Pay Pal as it's primary means of payment. You will be setup with a recurring subscription to Lowcost Webspace's services at the rate of your hosting plan. If you cancel at Pay Pal it is STILL your responsibility to send us written notification of your cancellation.

All payment is in U.S. currency.

Accounts that are past due will be suspended within 72 hours of failed payment.
Lowcost Webspace reserves the right to change prices at any time without notification to customer.
No receipts or invoices will be sent by regular mail.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Lowcost Webspace in writing for a request for termination of services.
Suspended sites will incur a $20.00 service charge to be reinstated.
Lowcost Webspace also reserves the right to add a $20.00 late payment fee for any past due account
At no time will Lowcost Webspace allow a website to be operational past the last day of the pre-paid date of services.
If user fails to keep Pay Pal with current information to pay Lowcost Webspace, Lowcost Webspace will suspend the account without further notice and consider the account closed.

10. Cancellation Policies
Account cancellations must be submitted from either the Paypal registered payment email address or the registered contact email address lodged with Lowcost Webspace. Cancellation Emails from any other source will not be honored so it is up to the customer to ensure that Lowcost Webspace always has a current contact Email address.
Lowcost Webspace reserves the right to cancel and/or modify this service agreement at any time.
Account cancellations must be dated before next date of recurring charges.
Account setup fees and domain registration fees are not refundable and will be withheld from any cancellation request.
In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service.
Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated.
Once cancellation is processed, account is considered terminated pending all account information matches all information on file.

11. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Lowcost Webspace harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Lowcost Webspace 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 Lowcost Webspace against liabilities arising out of;
  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Lowcost Webspace;
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement
  • Any defective products sold to customers from Lowcost Webspace's server.
12. Disclaimer
Lowcost Webspace will not be responsible for any damages your business may suffer. Lowcost Webspace makes no warranties of any kind, expressed or implied for services we provide. Lowcost Webspace disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Lowcost webspace and its employees.

13. Changes to the TOS
Lowcost Webspace reserves the right to revise its policies at any time without notice.

 

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