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LucraWeb strives to provide the best possible
service to all our customers, but we will not tolerate
any unlawful activity or abuse on our servers. We respect
freedom of speech and expression unless it is harmful
to others. These brief guidelines are imposed to protect
you, other LucraWeb customers and us against such
harm.
Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service
is rendered, which includes renewals. All payment-due
notices will be sent by email and, if requested, via
U.S. Postal mail.
Prepayment
for
an
annual plan
is
due by the first day of the annual anniversary month
in which the account was established. The account
will
be suspended
if annual renewal payment is not received prior
to the first day of the month of account
setup. Due to the extensive resources required to
manage
and
maintain our servers, we do not offer credits or
refunds for any service or hosting subscription
for any reason. Further, no refund will be provided
if
cancellation
is initiated
by LucraWeb due to
restrictions
violation.
All monetary transactions are in $US dollars. Additional
features can be added at any time and are billed on
an annual basis from the date additional features are
added to the account until the anniversary date of the
current hosting package. Monthly feature prices are
not prorated. LucraWeb reserves the right to
change prices at any time.
Account Cancellation:
You may cancel at anytime. To cancel your account,
please fax written confirmation on company letterhead
to 516-214-8423 so that we are properly authorized
to remove your
hosted account from our
servers. It
is the Client's
responsibility
to secure email confirmation
from LucraWeb that account has been cancelled.
If the client has not yet received email confirmation
of account cancellation, then the account will remain
active until the anniversary expiration date. If
Client has a balance due at the time of cancellation,
this balance
must be paid in full. Cancellation does not absolve
Client of any outstanding financial obligations.
Indemnification Policy:
You agree to use all LucraWeb services
and facilities at your own risk. LucraWeb
specifically disclaims
all warranties of merchantability and fitness for
a particular purpose. In no event shall LucraWeb
be liable for any loss, or loss of data, or other
commercial damage, including but not limited
to special, incidental,
consequential or other damages. Customer agrees that
it shall defend, indemnify, save and hold LucraWeb
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys
fees asserted against LucraWeb, 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 LucraWeb
against liabilities arising out of:
(1)
any injury to person or property caused by any products
sold or otherwise distributed in connection
with LucraWebs 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
LucraWebs servers.
LucraWeb shall be the sole judge of what violates
this Policy.
LucraWeb reserves the right to monitor any and all
communications through or with our facilities.
You agree that LucraWeb is not considered
a "secure communications medium" for the purposes
of the ECPA, and that no expectation of privacy is
afforded.
SPAM Policy:
LucraWeb is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we
prohibit Spam, or any
unsolicited commercial email, from being sent either:
Over the LucraWeb network, by customers
or any
other users of the LucraWeb network (including
customers' customers); AND/OR over ANY network if
the message sent advertises or mentions a site
hosted on the LucraWeb server.
We
react quickly and seriously to violations, and we
further reserve the right to terminate the services,
without prior notice, of any customer disregarding
this policy. Sending unsolicited commercial email
(a.k.a. "spam"), cross-posting messages
to a large number of usenet groups, posting obscene
or threatening
messages while using or referring to an LucraWeb
email address or web site URL is prohibited. The
use
of LucraWeb servers as a mail drop for responses
to activities described above is also prohibited.
Accounts
canceled due to spam will be billed a "clean
up" fee
of $3,000.
Content Policy:
All services provided by LucraWeb may be used
for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in
violation of any United States Federal, State or City
law is prohibited. This includes, but is not limited
to: copyrighted material, trademark, intellectual property,
material we judge to be threatening or obscene, or material
protected by trade secret and other statute without
proper authorization. The subscriber agrees to indemnify
and hold harmless LucraWeb from any claims resulting
from the use of the service which damages the subscriber
or any other party.
Pornography and sex-related merchandising is prohibited
on all LucraWeb servers. This includes sites
that may infer sexual content, or links to adult content
elsewhere. LucraWeb will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that promote any illegal
activity or present content that may be damaging to
LucraWeb servers or any other server on the
internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- IRC Eggdrops
- Proxy Servers
- NPH-Proxy
- The Anonymizer
- Any Soap Mailers
- Matt's formmail.pl (version 1.9S and
above is ok)
Certain message boards/bloggers are not allowed because
they use up too many system resources or have major
security risks:
- Ultimate Bulletin Board (UBB) - all
versions
- Ikonboard - all versions
- GreyMatter Weblogger
These precautions are in place to provide our customers
with the highest uptime possible. Boards we do recommend
are XMB, vBulletin, and phpBB.
LucraWeb does not host sites of its competitors
or web pages promoting sites of its competitors.
Any illegal activity, including adult content, links
to adult content web sites, spamming or hacking will
result in your site being shut down and all your files
deleted without warning. No refund, even for pre-paid
service, is given in this case.
LucraWeb will be the sole arbiter as to what
constitutes a violation of this provision.
Email Policy:
LucraWeb may not be the source, intermediary,
or destination address involved in the transmission
of any unsolicited email, email bombs, hate email, or
any mass email. Your email account may not be referenced
as originator, intermediary, or reply-to address of
such email.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, however we reserve
the right to disable any CGI script that effects normal
server operation or service to other LucraWeb
customers. You will be notified within 24 hours about
offending cgi script.
Chat Policy:
LucraWeb allows only those chat rooms that do
not run on our servers. You can however link your site
to a chat provider. Some examples of chat providers
are: www.humanclick.com, www.liveperson.com, www.livehumanhelp.com,
and the chat script found in your control panel.
Traffic Policy:
LucraWeb allows for very generous traffic. LucraWeb customers
are discouraged from storing any files that cause excessive
traffic on LucraWeb servers. Please contact
LucraWeb Technical Support team for more information.
Again, 99% of the sites do not fall into this category
and never reach our traffic limits.
3rd Party Script Support:
LucraWeb is not responsible for scripts that
you use in your account. It is not our responsibility
to ensure your scripts function. Please don't expect
our support techs to troubleshoot aspects of your scripts
or third party scripts that you use on your sites hosted
on our servers.
LucraWeb provides technical support for the
Server & Server related softwares. Any scripts included
in the Control Panel are 3rd Party scripts and are
not
supported by LucraWeb, however you may ask
for assitance from our other customers in our forums.
Our
support staff is here to maintain the servers and
keep uptime at a maximum.
Abusive Behavior Toward Staff:
Any abuse towards any LucraWeb employee will
not be tolerated. You are expected to request and respond
to support and other issues in a professional manner.
When emailing LucraWeb or utilizing the Ticket
Desk Support System, refrain from using caps, exclamation
points, and other forms of written yelling. Any cursing,
yelling, or further intentional disruptive behavior
aimed at LucraWeb or its employees shall be
considered a violation of this TOS. Any threat, whether
verbally, orally, written, or delivered by second parties
directed towards LucraWeb or any of its employees,
partners, equipment, and concerns shall be construed
as a violation of this TOS. Any conduct viewed as violating
this section shall be considered a violation of this
TOS. LucraWeb will be the sole arbitrator in
regards to what is deemed a violation. No refunds shall
be given when the contents of this section necessitates
removal of the account.
We
reserve the right to refuse service to anyone for
any reason not prohibited by law. We also reserve
the
right to terminate service to any customer for any
reason not prohibited by law.
Any deliberate attempt to cause damage to LucraWeb or any other Internet servers will result in
immediate account deactivation without prior notice.
No refund, even for pre-paid service, is given in this
case.
All account plans come with a predetermined amount
of traffic allowance. We monitor all accounts and
bill
$49.00 for each gig of traffic exceeded. You may be
charged for transfer that you use beyond our generous
data transfer
limits without prior notification. You can monitor
your transfer at anytime in your Control Panel.
Backups:
Full backups are made weekly, and backups of new/changed
data made daily. No guarantees are made of any
kind,
either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration
purposes only. It is the client's responsibility to
maintain local copies of their web content or
any other
information. The "Backup
Manager" is
included in each hosting plan and client can use
this tool
to
back up their files. If loss of data occurs due to
an error of LucraWeb, we will attempt to
recover
the date for no charge to the client. If data loss
occurs due to negligence of client in securing their
account
or by an action of the client, LucraWeb will
attempt to recover the data from the most recent
archive
at a labor rate of $250.00 per hour. A two hour minimum
charge will apply to all service requests.
LucraWeb reserves the right to amend our Terms
and Conditions at any time and without notice.
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