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Terms Of Service:
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 attorney’s 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, it’s 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 LucraWeb’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 LucraWeb’s 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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