LightBound Hosting provides web page hosting and domain registration/renewal services. LightBound
Hosting has certain legal and ethical responsibilities consistent with the use of its servers and
equipment involved in these services.
LightBound Hosting agrees to deliver the agreed upon services to customer at the time of
purchase, subject to the following User Agreement. In addition, the use of LightBound Hosting's
services by customer constitutes an unconditional acceptance of, and agreement to, LightBound
Hosting's User Agreement.
LightBound Hosting reserves the the right to modify this User Agreement at any time without notice.
Continued use of services indicates customer's agreement with the terms; therefore, it is customer's
responsibility to regularly review the User Agreement.
- Acceptance and Assignment. Customer shall indicate acceptance of
this Agreement during the course of submitting an order. Customer may not assign
rights or delegate duties assumed by the acceptance of this Agreement without the
prior written consent of LightBound Hosting. Any attempt of assignment or delegation
without such consent is void.
- 30 Day Money-Back Guarantee. LightBound Hosting offers its
customers a 30 day money-back guarantee. This guarantee allows a customer to
purchase LightBound Hosting's services with full confidence and zero risk. As a
consequence, customer may request a full refund of of all fees paid to date,
including setup fees, less any additional over usage and domain registration costs,
within 30 days of initial signup. Accounts terminated due to violations of any of
our published policies are not eligible for this guarantee.
If the customer is not satisfied with LightBound Hosting's services, the guarantee
can be requested at any time within the first 30 days of commencement of service.
If service has exceeded 30 days, the customer is not eligible for the guarantee.
The request for this guarantee can be submitted by way of the following methods:
- 99% Uptime Guarantee. LightBound Hosting guarantees that
customer's website will be up and running at least 99.9% of the time during any 12
month period. This guarantee includes network uptime, server uptime, webserver
uptime, and service uptime. The guarantee does not cover any areas in which
LightBound Hosting does not have direct influence, including, but not limited to,
backbone provider problems, fiber cuts, DNS or Registrar failures, routing issues
between customer location and LightBound Hosting datacenter. This uptime guarantee is
not applicable if the interruption is caused by external events such as acts of God,
war, or any other natural or unnatural event that LightBound Hosting can not
directly influence.
- Acceptable Use. LightBound Hosting strictly enforces compliance
with its acceptable use policy, which may be found at
http://www.lightboundhosting.com/legal/aup.php.
The terms of the Acceptable Use Policy are incorporated into this Agreement as though
they were fully set forth at length herein. Customer agrees to maintain their website
in full compliance with the terms of the acceptable use policy. Failure to comply
is cause for immediate suspension or termination of customer's account under Section
XIV of this agreement.
- Domain Registration. Upon customer's request and subject to
the terms and conditions of the Domain Name
Registration Agreement, incorporated into this Agreement by reference, LightBound
Hosting will attempt to register a domain name or renew the registration of an existing
domain name, on behalf of the customer with the domain name registrar that LightBound
Hosting, in its sole discretion, elects to employ for such registration or renewal.
LightBound Hosting reserves the right to refuse any request for the registration or
renewal of a domain name.
In some hosting plans, LightBound Hosting offers the registration of a domain name for
free. The free domain registration offer does not apply to existing accounts or to
orders that did not request the free domain registration at the time the order was
placed.
Free registration is for the first year only. Subsequent renewals are $15 per year for
each year that the domain is renewed. Domain registration and renewal fees are
nonrefundable.
- Payment of Services. Establishment of selected service is dependent
upon receipt of payment of stated charges by LightBound Hosting. Subsequent payments
are due on the anniversary date of the month for that month's service or the selected
billing cycle. LightBound Hosting's preferred method of payment is credit card. By
purchasing services from LightBound Hosting, customer agrees to be placed on a
recurring payment plan. Customer's account will be automatically billed according
to the terms of the selected plan. Customer grants LightBound Hosting permission to
charge customer's credit card for any and all services customer requests including,
but not limited to, hosting and/or domain name renewals.
- Failure to Pay. LightBound Hosting may suspend or terminate
service upon the failure of customer to pay charges due. Such termination does not
relieve customer of the responsibility for the payment of accrued charges and any
collection fees. If an account is suspended for non-payment, the account will only
be reactivated after payment of all overdue fees. If customer disputes credit card
charges from LightBound Hosting which result in a refund being applied to customer's
credit card, customer's account will be suspended. The suspended account will only
be reactivated once all disputed/refunded fees have been satisfactorily resolved and
any and all additional administrative fees incurred by LightBound Hosting as a result
of the dispute or charge back request have been paid.
It is a violation of this Agreement for customer to misuse or fraudently use credit
cards. A determination of such misuse or fraud shall be at the sole discretion of
LightBound Hosting. LightBound Hosting may report all such misuses and fraudulent
uses to appropriate government and law enforcement agencies, credit reporting services,
financial institutions, and credit card companies. In this event, customer waives any
and all rights to privacy.
- Account Cancellation. Customer may cancel account at any time
by notifying LightBound Hosting, in writing, of cancellation.
Valid proof of account ownership is required to terminate account. This includes,
but is not limited to, billing information in the form of a partial credit card number
or the billing password. Non-secure information, such as the contact email address
or the account billing address, is not sufficient as a security verification.
Cancellation is effective immediately, unless otherwise indicated by customer. When
an account is cancelled, all copies of the website and emails are permanently and
irretrievably removed from the server. LightBound Hosting reserves the right to
cancel service at any time.
- Refunds. In the event of account cancellation at customer's
request, monthly service charges are not pro-rated at the time of cancellation.
Full month's fees paid in advance are refundable, partial month's fees are not.
Any violation of any of LightBound Hosting's policies will result in forfeiture
of any refund.
- Resource Assignment. Customer acknowledges that
resource allotments are optimized toward serving web documents and that LightBound
Hosting provides services of a shared-server nature, where other customers are
sharing the provided space. Customer agrees that LightBound Hosting reserves the
right to modify resource assignments to preserve the effectiveness of the service
for all users.
- Courtesy Services. All services, such as backups and the control
panel, are provided as a courtesy to Customer. It is the sole responsibility of the
customer to maintain customer's own independent, offsite backup of any data.
LightBound Hosting is not responsible for the loss of data or for the loss of data
due to third party software not maintained by LightBound Hosting.
LightBound Hosting makes regular internal backups of configurations and databases.
Although these backups may contain customer information and sites for disaster
recovery purposes, they should not be relied on by customer. LightBound Hosting
makes no guarantee to possess the latest, most current copy of a customer's website
in its own backups.
- Scheduled Maintenance and Downtime. Customer acknowledges that
from time to time, services may be unavailable or inaccessible for periodic maintenance
procedures or upgrades. LightBound Hosting will provide at least 24 hours advance
notice to the customer for scheduled downtimes as a result of upgrades. The 99.9%
uptime guarantee does not apply to this provision.
- Support Boundaries. LightBound Hosting provides customers with
various types of support, including email and phone support. LightBound Hosting limits
technical support to its areas of expertise. LightBound Hosting provides support
for the physical functions of the server related to customer's selected service plan.
The customer is responsible for the programming and uploading of the website to LightBound
Hosting's servers. Development, consulting, programming, customization, and debugging
are beyond the limits of the free support provided. Customer agrees that he or she
has the necessary knowledge to create and maintain their website and agrees that it
is not the responsibility of LightBound Hosting to provide this knowledge or service.
LightBound Hosting does not provide support for customer's customers.
- Termination. At the sole option of LightBound Hosting, for
any reason set forth herein or in the event that customer breaches any term of this
agreement or any term of the Acceptable Use Policy, LightBound Hosting may suspend
customer's account. At the option of LightBound Hosting, customer may be given the
opportunity to correct such breach or violation. Upon notification of such breach
or violation, if such breach or violation is not corrected, LightBound Hosting
reserves the right to terminate customer's account. Termination shall include the
removal of any and all customer data from the LightBound Hosting servers. Such
information may or may not be made available to customer before or after termination.
In the event of termination due to violation or breach of the User Agreement or
Acceptable Use Policy, customer is not eligible for refund. In addition, LightBound
Hosting may charge customer an additional termination fee. The assessment of such
fee does not affect the rights of LightBound Hosting to recover from customer any
losses, damages, indemnity, defense costs, expert costs, collection costs, and/or
attorney's fees or other costs of any kind as may be applicable under Indiana
law.
- Miscellaneous Provisions. LightBound Hosting makes no
representations whatsoever about any other web site which you may access through
this one. When you access a non-LightBound web site, please understand that it is
independent from LightBound Hosting and that LightBound Hosting has no control over
the content on that web site. In addition, a link to a non-LightBound web site does
not mean that LightBound Hosting endorses or accepts any responsibility for the
content, or the use, of such web site. It is up to the customer to take precautions
to ensure that whatever customer selects for their use is free of items such as
viruses, worms, trojans, and other items of a destructive nature.
- Lawful Purpose. LightBound Hosting reserves the right to refuse
service to anyone for any reason at any time. Customers may only use LightBound
Hosting ervices for lawful purpose. Transmission of any material in violation of any
federal, state, or local regulation is strictly prohibited. The includes, but is not
limited to, copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. The designation of any materials as
described above is left entirely to the discretion of LightBound Hosting management.
Regardless of the place of establishment of this agreement, the customer agrees
that for purposes of venue, this agreement was entered into in Marion County,
Indiana, and any dispute will be litigated or arbitrated in Marion County, Indiana.
- Force Majeure. Either party shall be excused from any delay or
failure in performance under this Agreement which is caused by reason of any
occurrence or contingency beyond LightBound Hosting's reasonable control, including
without limitation, acts of God, labor disputes, riots, war, and governmental
requirements. The obligations and rights of the party so excused shall be extended
on a day to day basis for the period of time equal to that of the underlying cause
of the issue.
- Indemnification. Customer agrees that it shall defend, indemnify, save,
and hold LightBound Hosting harmless from any and all demands, liabilities, lossees, costs
and claims, including reasonable attorney's fees asserted against LightBound Hosting, its
agents, customers, officers and employees, that may arise or result from any service provided,
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 LightBound Hosting against
liabilities arising out of:
- any injury to person or property caused by products sold or otherwise
distributed in connection with LightBound Hosting services;
- any material supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party;
- copyright infringement;
- any defective products sold to customer from a LightBound Hosting server.
- Disclaimer, Limitation of Liability, and Exclusion of Warranties.
LightBound Hosting will not be responsible for any damages any business entity may
suffer. LightBound Hosting makes no warranties of any kind, expressed or implied,
for services LightBound Hosting provides. LightBound Hosting disclaims any warranty
or merchantability or fitness for a particular purpose. This includes the loss of
data resulting from delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by LightBound Hosting, or its employees. LightBound Hosting
reserves the right to revise its policy at any time without advance notice.
THE TOTAL AGGREGATE LIABILITY OF LIGHTBOUND HOSTING TO CUSTOMER SHALL BE LIMITED TO
THE AMOUNT PAID TO LIGHTBOUND HOSTING BY CUSTOMER HEREUNDER DURING THE THREE MONTHS
PRECEDING A CLAIM IN WHICH LIGHTBOUND HOSTING IS LIABLE TO CUSTOMER. IN NO EVENT
SHALL LIGHTBOUND HOSTING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS
OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE, EVEN
IF LIGHTBOUND HOSTING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IN
THE EVENT OF THE FAILURE OF AN AGREED UPON REMEDY.
Customer agrees to use all services and any information obtained through or from
LightBound Hosting at customer's own risk. Customer acknowledges and agrees that
LightBound Hosting exercises no control over, and accepts no responsibility for,
the content of the information passing through LightBound Hosting's host computers,
network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. NEITHER LIGHTBOUND HOSTING NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED
CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE
SERVICES OR ANY EQUIPMENT LIGHTBOUND HOSTING PROVIDES. NO RELATED PERSON MAKES ANY
WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF
THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR
MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. LIGHTBOUND HOSTING IS NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE
SERVICES PROVIDED BY LIGHTBOUND HOSTING. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY ANY RELATED PERSON WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY SUCH
INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
This document revised on or about 13 January 2009.
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