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This Web Hosting Agreement is between LightBridge Agency, LLC and the person/persons who elect to visit our website casually or purposefully. Please read this Terms Of Service notice carefully to ensure you understand our company policies and the terms with which they will be provided before purchasing any of our products or services.
LightBridge Agency, LLC agrees to provide products and services advertised at the [then current] published prices as seen on the LightBridge Agency, LLC website. It is never LightBridge Agency’s intent to mislead a customer with hidden costs. Our customers have several choices for service providers and we are very pleased to have an opportunity to continue the business relationship with transparent, upfront pricing options.
All customers are responsible for monitoring their account activity, including but not limited to, hosting account storage space and bandwidth transfer each month. Customers who exceed the limits of their selected service tier will be automatically invoiced, debited (from the payment information on file), and moved to the next, higher level service tier that is better suited to the level of activity for the account. Persistent customer excess of service tier limits will be monitored and a support specialist will work with you to do everything possible to cure the account balances. LightBridge Agency, LLC reserves the right to impose additional fees, ban usage, terminate and/or sever the account holder access altogether. New or existing customers that choose to cancel services within the first 30 days agree that returns for refund will not be honored.
Renewal notices may be emailed up to seven days before the actual invoice date for your account. Subscription customers with credit card information on file at LightBridge Agency, LLC will be charged according to the initial terms of the service agreement initially selected. All accounts are established on a pre-payment basis. Account holders submitting late payments agree that their account will be assessed additional fees. LightBridge Agency, LLC reserves the right to change prices charged for services offered at any time. Past due customer accounts that are not cured or brought current within a week (7 days) via e-mail notification or that have exceeded this time frame in any manner are subject to account our service suspension. It is understood and agreed that the customer is responsible for any/all fees associated with the account from inception till LightBridge Agency, LLC receives a customer request for termination of services. LightBridge Agency, LLC is a United States located and operated company and our website prices and billing currency is USD only. Customer billing cycles will correspond to the inaugural date of the service initially purchased before, during, or after account creation. Customer accounts will automatically renew for the same period unless cancellation has been submitted. Pre-paid annual accounts will not incur any additional fees.
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Pre-paid annual customers understand and agree that refunds will not be issued after 30 days. Cancellation of pre-paid annual customer accounts may be imposed with or without warning by LightBridge Agency, LLC. Inclusive or intended or unattended infractions, if the account or account activity does not comply with our terms of service/acceptable usage policies it is understood and agreed that either monthly and/or annual payment customer payments are non-refundable at the point in time that the account violates our terms of service/acceptable usage policies.
Customers acknowledge and agree that the completion of payment/transaction for the initial or renewal product and/or service term length. Customer also agrees and acknowledges the understanding of and accepts responsibility for adhering to LightBridge Agency, LLC’s terms of service and acceptable use policies.
Any attempt to undermine or cause harm to a server or customer of LightBridge Agency, LLC is strictly prohibited.
LightBridge Agency, LLC will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by any customer, whether or not the attacked account or computer belongs to LightBridge Agency, LLC, will result in appropriate actions against the offender. Possible actions may include but not be limited to warnings, account suspension or cancellation; and if necessary, up to and/or including civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – LightBridge Agency, LLC has (and reserves) the right to discontinue service, or deny access to anyone who violates these policies or these terms and conditions WITHOUT WARNING or PRIOR NOTICE. There will be no refunds for products or services purchased that have been collected if any customer account termination is due to violation of terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing (SPAMMING), unsolicited emailing, newsgroup spamming, upload scripts (Rapid leach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by LightBridge Agency, LLC to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. Customers are responsible for and should evaluate all web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may be terminated for inclusion of or having links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of ‘cracker’ utilities.
LightBridge Agency, LLC will be the sole arbiter as to what constitutes a violation of this provision. Customers are responsible for monitoring disk space usage. If extra disk space is needed please contact LightBridge Agency, LLC and a specialist will assist you. Hosting plans can also be upgraded from inside your LightBridge Agency, LLC client account portal.
The intention of LightBridge Agency is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. LightBridge Agency will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that LightBridge Agency holds and reserves the right to change their AUP at any time to meet generally accepted principles, service standards, and laws. Amendments to the AUP are effective on the publicly viewable date at the top and bottom of the LightBridge Agency’s AUP and without notice to Customer that an amendment has been made, upon execution of any transaction completion or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with LightBridge Agency’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between LightBridge Agency and Customer regarding interpretation of the AUP, LightBridge Agency’s general publicly acceptable and commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to LightBridge Agency that the information he, she or it has provided and/or will provide to LightBridge Agency for the purposes of establishing and maintaining any construed relationship for products or services is accurate. If Customer is an individual, Customer represents and warrants to LightBridge Agency that he or she is at least 18 years of age. LightBridge Agency may rely on the instructions of the person listed as the Primary Customer Contact on/for the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. LightBridge Agency takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account will be promptly deleted without notice and without refund.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting will result in immediate account deletion without notice or refund. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through LightBridge Agency (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with LightBridge Agency at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – LightBridge Agency endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from LightBridge Agency’s servers to its backbone providers. Downtime is measured from the point that is past 10 minutes after notification of network failure via LightBridge Agency’s online ticketing system. If LightBridge Agency’s support ticketing system itself is unreachable, then a support ticket must be started by calling the LightBridge Agency’s NOC.
LightBridge Agency’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the LightBridge Agency network.
(3a.) HOSTING CREDITS – Will be honored only upon customer request. Service credits requested by customer will not granted in excess of 1 request every 30 days. In the event that YOUR website is unavailable for HTML accessibility, LightBridge Agency will credit the following month’s service fee as follows. Customer credits shall be calculated based on 30 calendar days retroactive, 24 hours per day, and tabulation will be measured in 60 second increments, with a maximum account credit not to exceed 50% of the monthly service charge for the affected hosting month.
– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee.
(3b.) Hosting Credits shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at LightBridge Agency’s website or customer account control panel dashboard,
– your behavior or the performance or failure of your equipment, facilities or applications,
– circumstances beyond LightBridge Agency’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
– YOU breaking any agreement policy in LightBridge Agency’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.
LightBridge Agency provides technical support within our area of expertise only. Such expertise may include assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and several product or services related issues.
Unlike many hosting companies LightBridge Agency does allocate time to membership subscribers to help with questions, strategies, and resource requests. However, under no circumstances is LightBridge Agency obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI scripts that affect normal server / shared server operations without prior notice.
Customer agrees to indemnify and hold harmless LightBridge Agency, LightBridge Agency’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by customer or any person using customer’s log on account access information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS LIGHTBRIDGE AGENCY AGAINST LIABILITIES ARISING OF:
1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS/SERVICES SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH LIGHTBRIDGE AGENCY’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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 LIGHTBRIDGE AGENCY.
LightBridge Agency does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law LightBridge Agency disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in this agreement to the contrary, the maximum aggregate liability of LightBridge Agency and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Customer agrees that LightBridge Agency may suspend services to Customer without notice and without liability if: (i) LightBridge Agency reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) LightBridge Agency reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay LightBridge Agency’s reasonable reinstatement fees if services provided by LightBridge Agency directly follow a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if LightBridge Agency fails in a material way to provide advertised products or services in accordance with these terms nor does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by LightBridge Agency prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from LightBridge Agency describing the violation in reasonable detail; (iii) upon one (1) day’s notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy LightBridge Agency holds and reserves the right to cancel Customer’s services without refund. LightBridge Agency will endeavour to resolve the problem with Customer. However, in extreme cases such as an account containing child pornography LightBridge Agency holds and reserves the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Customer agrees that LightBridge Agency may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that LightBridge Agency believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Upgrades and other changes in LightBridge Agency’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. LightBridge Agency reserves the right to change its network in its commercially reasonable discretion, and LightBridge Agency shall not be liable for any resulting harm to Customer.
Notices to LightBridge Agency under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
LightBridge Agency shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond LightBridge Agency’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of North Carolina exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on LightBridge Agency unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without LightBridge Agency’s prior written consent. LightBridge Agency’s approval for assignment is contingent on the assignee meeting LightBridge Agency’s credit approval criteria. LightBridge Agency may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on LightBridge Agency’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
LightBridge Agency reserves the right to cancel any service at any time. All fees paid in advance of cancellation may be pro-rated. At the discretion of LightBridge Agency, if we institute our rights of cancellation for account violations of policy which would result in Customer invoicing for incurred costs Customer understands and agrees that charges will be billed and invoice payment is immediately due. Customer understands and agrees that LightBridge Agency provides services for which reasonable and fair prices are charged. LightBridge Agency provides and invoices all published services under a Monthly Membership Retainer Agreement that is Non-Refundable due to the amount of man hours incurred and the transfer of Agency intellectual property to be bestowed to customer during the course of the month for which the customer agreed.
LightBridge Agency may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
LightBridge Agency may advertise availability of various special promotions, some of which, may include the option for a free domain name. The cost of this domain name is usually covered by the first month or annual pre-payment for the service; consequently, as a result of LightBridge Agency’s free domain promotional offer Customer requests for account cancellations will be honored and Customer understands and agrees that cancelled services are not refundable and are not covered by any guarantees.
Material accessible to you through LightBridge Agency’s membership services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use LightBridge Agency or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the LightBridge Agency network. If YOU use a domain name in connection with LightBridge Agency or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the LightBridge Agency network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. LightBridge Agency will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
(i) grant to LightBridge Agency a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by LightBridge Agency under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
LightBridge Agency shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by LightBridge Agency. LightBridge Agency reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
YOU agree to pay LightBridge Agency prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the LightBridge Agency price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. LightBridge Agency reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from LightBridge Agency to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Your Company) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledges that the domain name registration shall be transferred to LightBridge Agency as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. LightBridge Agency will reinstate YOUR domain name registration solely at LightBridge Agency’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to LightBridge Agency
YOU agree to pay LightBridge Agency prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the LightBridge Agency price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that for any reason the domain name transfer fails, all transaction fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
LightBridge Agency reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Your Company to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by LightBridge Agency) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledges that the domain name registration shall be transferred to LightBridge Agency as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. LightBridge Agency will reinstate YOUR domain name registration solely at LightBridge Agency’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee./p]
Transferring domains away from LightBridge Agency
LightBridge Agency reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and LightBridge Agency will not be held liable for the failure of a domain name transfer for any reason
Domain transfer & registration fees are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
LightBridge Agency reserves the right to refuse service to anyone. YOU may only use LightBridge Agency’s server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting any such material protected by copyright, trademark, trade secret or other intellectual property rights being used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of LightBridge Agency’s management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that LightBridge Agency may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Charlotte, North Carolina; and any dispute will be litigated or arbitrated in Charlotte, North Carolina. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Charlotte courts. IN NO EVENT SHALL LIGHTBRIDGE AGENCY’S MAXIMUM LIABILITY EXCEED ONE HUNDRED FIFTY HUNDRED ($150.00) DOLLARS.
The following is the entire Acceptable User Policy (‘AUP’) agreement between LightBridge Agency and the personal or corporate account holder. LightBridge Agency provides World Wide Web Hosting, web design and script installation. LightBridge Agency has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. LightBridge Agency’s general policy is to act as a provider of Internet presence. LightBridge Agency reserves the rights to suspend or cancel a customer’s access to any or all services provided by LightBridge Agency when we decide that the account has been inappropriately used.
LightBridge Agency is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
LightBridge Agency is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. LightBridge Agency uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
LightBridge Agency Customers may not initiate the following (below), if any customer does, LightBridge Agency may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.
a) Use 25% or more of system CPU resources for longer then 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to [email protected]
, Node Zero and [email protected]
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
f) Run any file sharing, bit torrent or other P2P network services, client or server software; or
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example if your hosting plan comes with 40MB bandwidth, all of this 40MB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and our acceptable usage policy. Your Company will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
None of our accounts come with unlimited email accounts, sub-domains, FTP accounts or domains.
You may not publish or transmit via LightBridge Agency’s service any content that LightBridge Agency reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person’s privacy;
f) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person’s trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Your Company;
l) is otherwise malicious, fraudulent, or may result in retaliation against LightBridge Agency by offended viewers;
LightBridge Agency does not condone excessive or otherwise resource intensive:
a) Usage of sites such as a Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), Illegal Gambling and Lottery sites;
b) Any content ‘published or transmitted’ via LightBridge Agency’s services that includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet services provided by LightBridge Agency.
* LightBridge Agency holds and reserves the right to decide, at its sole discretion if customer’s account can and/or will be terminated for any of the above stated reasons either with or without issuance of refund.
LightBridge Agency encourages all account holders to take reasonable security precautions. You must protect the confidentiality of your password, and should consider changing passwords periodically.
Bulk commercial email, mailing lists and email reflectors are allowed on LightBridge Agency’s servers; however a maximum limit of 500 emails per hour per account. For any emails sent from your LightBridge Agency account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and all other applicable laws.
These policies apply to messages sent using your LightBridge Agency service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your LightBridge Agency service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Your Company’s services.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner. LightBridge Agency will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the LightBridge Agency network.
LightBridge Agency is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the LightBridge Agency network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to LightBridge Agency and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
f) Any conduct that is likely to result in retaliation against the LightBridge Agency network; or
g) Use of LightBridge Agency’s network in a way that unreasonably interferes with LightBridge Agency’s other customers use of the network.
Use of LightBridge Agency’s services must also comply with these rules and conventions for posting to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.