Terms of Service
These Terms of Service are an agreement (the “Agreement”) between LTWebHosting, LLC (“LTWebHosting) and you (“Client” or “you” or “your”). This Agreement states the terms and conditions of your use of the products and services (the “Services”) made available by LTWebHosting and the LTWebHosting.net website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement.
The owner of the payment method (Credit Card, PayPal, BitCoin, or Skrill) which is used for payment on the account is designated as the authorized owner of the account.
THIRD PARTY PROVIDERS
All transactions with third party providers are solely between you and the individual provider. LTWebHosting is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.
LTWebHosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk. LTWebHosting does not warrant the accuracy or completeness of any information regarding third party providers.
USE OF THE SERVICES
All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of LTWebHosting. You agree to indemnify and hold harmless LTWebHosting from any claims resulting from your use of LTWebHosting Services. You represent and warrant to LTWebHosting that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
Use of the LTWebHosting Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@LTWebHosting.net with the information pertaining to your claim.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
X IRC Scripts/Bots
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
File Dump/Mirror Scripts (similar to Rapidshare)
Sale of any controlled substance without prior proof of appropriate permit(s)
Sites promoting illegal activities
Forums and/or websites that distribute or link to Warez/pirated/illegal content.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
All of the files on our shared hosting accounts must pertain to your website(s). LTWebHosting shared hosting may not be used for massive file storage systems, or backup storage solutions. You are not authorized to use LTWebHosting for the hosting of download mirrors. You may have files for your clients/users/ to use, however if your website is based around a user downloading files, you will need to look obtain a VPS solution.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible. Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as Client name and password. You must use a secure password.
Solely for the purpose of providing the Services, you hereby grant to LTWebHosting the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of the LTWebHosting Service Agreement or this Agreement.
LTWebHosting may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.
Payment for all non-hourly services are due and payable in advance of the time in which said services are provided. Payment for all hourly services are due and payable on the 3rd of every month following the time in which services have been provided.
You will be billed on an automatically recurring basis to prevent any disruption of your service(s). Said payments would be made using payment information on file with LTWebHosting, such as Credit Card or PayPal.
Listed fees for the Services do not include any sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices for non-hourly services must be paid within forty eight (48) hours of the invoice due date or will be suspended. Any non-hourly service with an invoice that is outstanding for more than twenty-one (21) days may be terminated. All invoices for services billed on an hourly basis must be paid by the seventh (7th) of every month or would risk suspension. Any hourly service with an invoice that is outstanding past fourteenth (14th) of every month will be terminated.
Dedicated servers will be reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment dedicated servers will not be automatically reactivated. You must contact LTWebHosting directly after you make a late payment to reactivate the dedicated server.
ZERO TOLERANCE SPAM POLICY
LTWebHosting has zero tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client’s account terminated, and may be terminated without notice. LTWebHosting also reserve the right to charge Clients who engage in spam mailing a consulting fee of $250 per hour for any remedial actions that LTWebHosting elects to take in the event that, as a result of a Client’s activities, LTWebHosting servers or IP space are placed in any third-party mail filtering software or black hole lists. LTWebHosting also reserves the right to require all client’s requesting more than 32 IP addresses to pay a deposit of up to $250 in order to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been received.
BACKUPS AND DATA LOSS
Your use of LTWebHosting Services is at your sole risk. LTWebHosting servers are setup with RAID to constantly mirror all data to a second disk. LTWebHosting is not responsible for files and/or data stored on LTWebHosting servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on LTWebHosting servers.
LTWEBHOSTING BACKUPS SERVICE
Your use of LTWebHosting’ Backup Service includes the fee associated with LTWebHosting setting up your initial backup service, as well as all support requests you may put in related to your backups service. It is your responsibility to ensure the integrity of your backups. LTWebHosting assumes no liability related to the validity, and or integrity of the data contained within your backups. You are responsible for notifying LTWebHosting, should you believe there is a problem with your backups.
30 DAY MONEY-BACK GUARANTEE
LTWebHosting offers a 30 Day Money Back Guarantee for the following products: Shared Hosting, Business Hosting, Reseller Hosting, VPN Hosting, Shoutcast Hosting. This gives the Client an opportunity to test the LTWebHosting service and see if it is appropriate for the Client. Clients qualify for our 30 Day Money Back Guarantee as long as the service or product is canceled within the first 30 days of usage. In order to receive a refund we must receive a request for a refund through a ticket within 30 days of the service being canceled. If the Client is in their second month, they are only entitled to receive a refund for that month. Clients are only eligible for refunds on the first product purchased from LTWebHosting. Clients may not receive refunds for additional products ordered after the first product. LTWebHosting reserves the right to refuse refunds to Clients who are using LTWebHosting servers for any kind of mining (Example: Bitcoin). Payments made using Cryptocurrency and Skrill as the payment method are not eligible for refunds.
The following products and services are not covered by our 30 Day Money Back Guarantee:
Domains, Software Licenses, SSL’s, Services Performed, IP Addresses, Product Upgrades, any services or products that are Billed on an hourly basis, and Product add-ons of any kind.
UNLIMITED HOSTING POLICY
LTWebHosting will allocate Clients an unlimited amount of disk space and bandwidth for specific plans. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. If a Client causes continuous server or service interruptions under their current plan, then they will be asked to upgrade to a more powerful plan (Business, VPS, or Dedicated). In these extreme cases, the client will be notified of the need to upgrade. We will NEVER terminate a Client’s account, and we will only suspend accounts in the most extreme circumstances (in the event of causing the server to crash), or if the client has not contacted us after we send out warning emails of the abuse.
ABUSE TOWARDS LTWEBHOSTING
At LTWebHosting, Clients are treated with respect. In return, LTWebHosting expects an equal level of respect from their Clients. If LTWebHosting feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this time period, LTWebHosting reserves the right to completely remove/terminate Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if LTWebHosting chooses to do so.
PROMOTION CODE USAGE
Any Client caught signing up with multiple accounts to take advantage of our promotion code offers will have their accounts merged, suspended, and billed for the full amount that would be due had the Client not created multiple accounts to take advantage of offers more than once. The accounts will not be unsuspended until the amount due is paid in full.
Client’s who take advantage of a lifetime recurring promotion, are entitled to the usage of said promotion for the lifetime of the product it was originally applied to, any downgrades or upgrades will remove the promotion from the client’s product.
Any Client caught posting their coupon codes generated for affiliate payouts on public coupon code websites (such as RetailMeNot.com) will be promptly dropped from LTWebHosting ‘s affiliate program. The appropriate use of LTWebHosting affiliate code system is to either post the codes on your website which you own that promotes hosting. Anyone found to be using the LTWebHosting brand name in promoting their affiliate offers (Example: Targeting Traffic For the Keyword “LTWebHosting Coupon Codes”), will have those affiliates removed from their account. The purpose of our affiliate program is to gain new customers we would have otherwise not had the opportunity to meet. Attempting to profit from customers who are already looking for LTWebHosting, is not how the program is intended to function.
SERVER ABUSE/CUSTOMER ABUSE
Any attempted attack against any LTWebHosting server and/or Client being hosted by LTWebHosting will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Client.
VIOLATION OF LTWEBHOSTING SERVICE AGREEMENT
Failure to fully comply with the LTWebHosting Service Agreement or this Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for payments made in advance. LTWebHosting Clients must adhere to their LTWebHosting Service Agreement and with this Agreement. If a Client is uncertain about the terms of the LTWebHosting Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact LTWebHosting via the LTWebHosting support portal (client area) for clarification.
LTWebHosting reserves the right to remove/suspend any account without notice if the LTWebHosting Service Agreement or this Agreement is violated. If a Client violates the LTWebHosting Service Agreement or this Agreement, LTWebHosting will either give the Client warning, if LTWebHosting so chooses, or immediately terminate/delete Client’s account. No warning is required.
The amount a Client pays for hosting will never increase from the date of purchase, unless LTWebHosting incurs undue costs associated with providing the service. In this event LTWebHosting will provide all affected clients a minimum of 30 days notice. LTWebHosting reserves the right to change prices listed on https://ltwebhosting.net.
CHANGES TO THE AGREEMENT OR TO THE SERVICES
LTWebHosting may modify, add, or delete portions of this Agreement at any time. LTWebHosting will post a notice on the LTWebHosting website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.
LTWebHosting may modify, change, or discontinue any aspect of the Services at any time.
All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action, before the next billing cycle begins. Failure to do this will result in your being automatically billed, for which refunds will not be given. All cancellations once confirmed, are processed immediately, resulting in the service and data it held being purged from our systems. Please ensure you have full backups of all of your data prior to submitting said request. Cancellation requests must be submitted directly on the product page and the ticket that results from that must be confirmed. Attempting to cancel through any other form of contact or method would not be considered a valid cancellation request.
LTWebHosting does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly canceled through the appropriate methods will remain active. If a Client has multiple services with LTWebHosting, failure to pay one of their active services without a proper cancellation may result in their other active service’s suspension due to the account having an outstanding invoice. LTWebHosting will send several reminders and warnings prior to this action given the severity of full account suspension.
Custom Dedicated Cluster Solutions must have cancellation request received at least 14 days prior to the next bill being due, failure to provide written cancellation before this deadline, will result in an automatic renewal.
LTWebHosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, LTWebHosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination
Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.
CHARGEBACKS AND DISPUTES
In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with LTWebHosting, can at LTWebHosting sole discretion result in permanent account closure.
RESELLER WEB HOSTING AGREEMENT
This Agreement applies to Client’s Services as well. All content hosted on any LTWebHosting server is subject to this Agreement.
WHITE LABEL RESELLER PROVISIONS
The free domain, and WHMCS license that is granted with all white label reseller accounts, are only active while the white label reseller account is active. Cancellation of the white label reseller account, shall result in forfeiture of the domain and of the WHMCS license.
LTWEBHOSTING VPN DMCA
LTWebHosting does not condone the use of our Services to facilitate copyright infringement. LTWebHosting respects and abides by U.S. copyright laws including the requirements of the DMCA. LTWebHosting implements an automated virtual private network (VPN) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service. LTWebHosting VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. A 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our Clients activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others. To the extent LTWebHosting can, LTWebHosting will do its best to assist copyright owners and their agents that report copyright infringement by a Client that is using LTWebHosting Services. However, before investigating any report of copyright infringement, LTWebHosting requires the copyright owner or its authorized agent to give LTWebHosting a valid and complete DMCA takedown notice if the copyright owner wishes to report what it believes is infringing activity by a third party using LTWebHosting VPN Services. If a copyright owner is unsure whether content on the LTWebHosting network infringes the owner’s copyright, then LTWebHosting requests that the owner please first contact an attorney. Please deliver notices to LTWebHosting designated DMCA Agent.
DISCLOSURE TO LAW ENFORCEMENT
LTWebHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. LTWebHosting will cooperate fully with law enforcement agencies.
LTWEBHOSTING PROPRIETARY CONTENT
Except for content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (“LTWebHosting Content”), are the property of LTWebHosting. LTWebHosting Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any LTWebHosting Content.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from registering for or using the Services. In addition, you may not use any LTWebHosting Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
LTWebHosting is not “HIPAA compliant.” You are solely responsible for any required compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. LTWebHosting does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. You agree that LTWebHosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
LTWebHosting shall not be responsible for any damages a Client’s business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LTWebHosting and its Clients. LTWebHosting makes NO WARRANTIES of any kind, expressed or implied for Services provided. LTWebHosting makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.
IN NO EVENT WILL LTWEBHOSTING ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF LTWEBHOSTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, LTWebHosting LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LTWEBHOSTING FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by LTWebHosting and will be held at the AAA location chosen by LTWebHosting in Florida. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LTWebHosting will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and LTWebHosting alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against LTWebHosting in violation of this paragraph, you agree to pay LTWebHosting’ reasonable costs and attorneys’ fees incurred in connection with LTWebHosting enforcement of this paragraph.
GOVERNING LAW; JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the internal laws of the State of Florida, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.