Subject to the terms and conditions of this agreement, LSNLLC agrees to provide the hosting services specified in the Order. Subject to the client's right to terminate this agreement in accordance to Section 4.3 of this agreement ,LSNLLC may expand or contract the scope of the LSNLLC services by issuing an amended order form to the client in advance of such change.
2. Initial Term
The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until LSNLLC accepts the completed order form from the client and until setup payment as set out in the Order is made in full by the client for Services to be provided during the Initial Term.
3. Renewal Term
Unless terminated by LSNLLC or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.
4. Fees and Payment
The client agrees to pay LSNLLC , without limitation, for the web hosting services it uses. LSNLLC reserves the right to charge the client standard hourly rates ($25/hour US), $25 minimum per instance, to cover the resolution of excessive or unusual problems or complaints. HostLSN reserves the right to impose a $25/email (US) fine for every spam email sent from our server as well as the time spent by our support team to investigate and determine the source of the spam which is charged at $100/hour.
4.1 Invoices - Invoices are emailed to the current billing email address. " Monthly Service Fees are invoiced ten (10) days before the service term and due at the end of the service term.
Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from LSNLLC. All dollar amounts on invoices are in US unless otherwise indicated. Late payments will be subject to a 17% late charge and all overdue hosting accounts will be suspended after 48 hour and may be deleted after 72 additional hours based at LSNLLC's discretion unless other arrangements have been made. All domains registered through LSNLLC residing in overdue accounts will become the property of HostLSN until the overdue amount is remitted.
4.2 Other Charges - Resellers will pay all sales and value-added taxes, duties or levies imposed by any authority, government, government agency or commission or crown corporation in connection with the LSNLLC web hosting and related services as provided under this agreement. Resellers are responsible for collecting such taxes, duties or levies from end users as imposed by authority, government, government agency or commission or crown corporation.
4.3 Cancellation Policy - All hosting contracts, unless otherwise negotiated, are month-to-month. The cancellation of any month-to-month hosting contract by the client must occur by contacting our support department 30 days prior to the issue date of the next invoice. There are no partial refunds or credits for early cancellations. All payments to LSNLLC are final and non-refundable.
5. Acceptable Use Policy
Resellers and clients shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy (AUP) posted at LSNLLC The client agrees that may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at LSNLLC. The Reseller shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.
6. 99% Uptime Guarantee
LSNLLC endeavors to provide the most reliable hosting infrastructure possible to its clients. To clients in good financial standing with LSNLLC we guarantee that our server is available 99% of the time in a given month. Server downtime is measured from the moment the client notifies an LSNLLC support representative of a server failure to the time the server accepts web connections. Notification of server failure must occur at the time of the outage and not after the fact. If server downtime exceeds 1% in a given month, the client will be refunded 5% of their monthly hosting fee and an additional 5% for each addition 2 hours of downtime up to 50% of the client's monthly hosting fee. Refunds shall not be provided to the client if server downtime is the result of: a) scheduled maintenance b) circumstances beyond HostLSN reasonable control, including, but not limited to: dDoS or other server attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government or c) breaking this Agreement or LSNLLC Acceptable Use Policy.
7. Temporary Service Suspension
The client agrees that it may be necessary for LSNLLC to temporarily suspend services for technical reasons or to maintain the equipment, the timing of which will be as determined by LSNLLC . Such suspension of the Services will not be an interruption of the LSNLLC Services for the purpose of calculating network availability or the client's entitlement to credit for network interruption.
8. Emergency Service Suspension
LSNLLC may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the client, where necessary to prevent improper or unlawful use of LSNLLC services. Such suspension of Services will not be an interruption for the purpose of calculating server availability or the client's entitlement to credit for service interruption.
9. Data Loss
Even though LSNLLC strives to ensure reliability, LSNLLC is not responsible for loss of data. It is recommended that backups are created as a precautionary measure.
10. Proprietary Rights
10.1 Trade Marks and Trade Names
The client shall not display or otherwise use any trade mark, trade name, logo, symbols or coined word used by other corporations or persons; or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the client except as may be specified or approved by LSNLLC in writing.
11. Termination of Agreement
If the client breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then HostLSN may terminate this agreement at any time and without prior notice.
12. Limitation of Liability
The client acknowledges and agrees neither LSNLLCnor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, LSNLLC or any of its shareholders, directors, officers, employees or representatives should become liable to the client or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of LSNLLC its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by the client to LSNLLC for one month of service under this agreement.
Reseller will indemnify and save harmless LSNLLC and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against LSNLLC or any of its members, shareholders, directors, officers, employees and representatives in connection with the client's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by the client.
14. Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the state of New Jersey and the laws of United States applicable therein. The courts of New Jersey shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.
15. Reseller Acknowledgement
The client acknowledges that it accepts all risk of any unauthorized or illegal use of LSNLLC Server(s) or any inter-connected network by third parties. LSNLLC provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the client's account unless such access or interference is caused by the intentional unlawful acts of LSNLLC its agents or employees.
16. Electronic Commerce
The client is solely responsible for all aspects of their online store or e-business. This includes, but not limited to: " The accuracy of statements and materials related to your products and/or services. " The accurate calculation and application of shipping and sales tax. " Processing Reseller orders, inquiries and complaints. " Maintaining the confidentiality of your Reseller's credit card numbers and private information.
17. LSNLLC Administrative Account and Software
For the purposes of Server maintenance, inventory and related activities, LSNLLC staff and management retain the right to administrative access to any and all accounts on their server(s). To facilitate this, all LSNLLC servers include an LSNLLC administrative account and/or daemon designed for these purposes. See Acceptable Use