You should read before accepting it. And please make sure you understand them before you start using our service. Use of LBHosting.com Implies agreement with these terms!
Questions?
Any question you might have regarding our terms of service (TOS) Should be directed to
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prior of signing up. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms and conditions.
Account and Information on file.
Further, Subscriber represents and warrants all information provided by Subscriber to LBHosting.com is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to LBHosting.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. We will setup your account after we have received the payment and we have screened the the order in case of a fraudulent use. Please make sure when you sign up to use email other than the domain you are purchasing from us at the time of sale. This would be your primary email until the order has been approved and you are ready to use the account. Sometimes it might be necessary to provide copy of your driving license and credit card, although that practice is not common it might be necessary to validate your account and make sure that there is no fraud. LBHosting is not responsible for a lapsed registration due to the outdated contact information LBHosting will do it best to provide the best possible web hosting service to each of its Subscribers. LBHosting However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, LBHosting reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. If you (subscriber) does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account. If Subscriber is registering a new domain name with LBHosting, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement.
Transfer
We will from time to time offer you the free transfer to move your site from old server to our server. However this is courtesy service, and if we are offering you those service we are making no guarantees that the transfer will be completed we will always do best to our ability to perform the transfer but some servers are set up very different format that at some time the transfer makes it extremely difficult if not impossible to move all or some data from your old server. If we do offer you this is service it will be only available for 14 days after your first payment to LBHosting
Content
All service provided by LBHosting MAY ONLY BE USED FOR LAWFUL PURPOSES Laws of the State Of Florida, Texas And the United States Of America apply. The Subscriber (Customer) Agrees to indemnify and hold harmless LBHosting from any claims resulting from the use of our service. Use of our 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 terminated and removed. 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
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with the information required. Using Shared account as a backup or storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not make backups or your backups.
Examples of unacceptable material on Shared servers include:
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites
Mailer Pro
Top sites
IRC Scripts/Bots
Proxy Scripts/Anonymize rs
Pirated Software/Warez
Image Hosting Scripts
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Brute Force Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapid share)
Commercial Audio Streaming (more than one or two streams)
Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Please make a special note, if LBHosting finds any Pornography on our servers ESPEACIALY child pornography or any potential harm to minors your account will not only be terminated and closed but we will make every effort to prosecute you, and Report you to the Local Law Authority and this is not a warning that we might do this this is a promise that we will.
We Have Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated without notice. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. LBHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. LBHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail Administration fee or any charges incurred for blacklist removal. This cost of the fee is entirely at the discretion of LBHosting.
Payment Information/Cancellations
You agree to supply appropriate payment for the services received from LBHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify LBHosting to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies LBHosting of intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Cancellations must be done trough our website www.lbhosting.com when you log in under my services tab there is a button "cancel my service" or by creating a ticket in customer portal. Once we receive your cancellation request and verify it with you trough the email or phone, we Will send you a email that your account has been cancelled. If you don't receive the confirmation email your account has not been cancelled, after you do receive the confirmation of account cancellation that will be your confirmation. As a client of LBHosting it is yours responsibility to ensure your payment information is up to date and that all invoices due are paid on time. LBHosting reserves the right to bill your credit card or billing information on file with us. LBHosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to LBHosting for services rendered. Access to the account will not be restored until payment has been received. And the outstanding balance might be reported to the collections. We do care about your domain but It is the customer's responsibility to notify our sales team via email at
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after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and LBHosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. LBHosting Reserves the right to change the monthly payment amount or any other charge at anytime.
Charge backs and Reversals
In the event Subscriber issues a charge back or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $35.00 billing service fee.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy at no charge we will perform a Monthly backup on all accounts but LBHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on LBHosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless we notify you in writing.
Cancellations
LBHosting reserves the right to cancel, suspend, block, or otherwise restrict access to the account at any time with or with out notice. Our calls and email are monitored and recorded for quality control purposes we do not allow abuse of our staff and vice versa. Customer will receive unconditional 30 day money back guarantee. If you pay with Bank Wire, Western Union, or Check and money order Your payment Will not be refunded in the form of cash but your account will be credited for future purchases. Money back guarantee only applies if you paid with Credit Card or PayPal. If you are a customer who had services with us and cancelled your account and received the refund, at any point in time and becomes a customer of LBHosting for the second time you will now be eligible for a refund again. VIAOLATION OF ANY TERMS AND CONDITIONS WILL WAIVE YOUR RIGHT TO THE REFUND POLICY.
Domain names
Domain names are not refundable at any point or time once you purchase the domain name its yours even if you make a mistake in the spelling that domain is your to keep and will not receive refund from our company if you have received a free domain from us if you cancel your account you refund will be processed minus the cost of the domain name ( The cost will be the cost of a domain price at the time of purchase and not the time of cancellation) you will be able to access and manage your domain at http://access.enom.com If you purchase the domain name from us along with the hosting plan you still be able to keep your domain after you have cancelled your hosting package with LBHosting.
Resource Usage
User may not: 1. Use 35% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. 4. Run any software that interfaces with an IRC (Internet Relay Chat) network. 5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 6. Participate in any file-sharing/peer-to-peer activities 7. Run cron entries with intervals of less than 15 minutes. 8. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance will depend on the hosting package you choose to 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. Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names. LBHosting.com service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. LBHosting.com service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
So What "Unlimited" means. LBHosting.com does set an limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, LBHosting.com makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to run their web sites successfully, as long as the Subscriber's use of the service complies with these Terms and conditions. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean. LBHosting.com employs complex mechanisms to protect its Subscribers and systems from abuse. LBHosting.com offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in LBHosting.com intellectual property or technology. LBHosting.com and related trademarks and logos are the exclusive property of LBHosting.com. LBHosting.com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar LBHosting.com from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
SECURITY AND OWNERSHIP
Site Security. LBHosting.com uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password and registered domain name(s). Subscriber agrees to immediately notify LBHosting.com of any unauthorized uses of the Service or any other breaches of security. LBHosting.com will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.
Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against LBHosting.com arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases LBHosting.com from all liability and all claims for damages or any other liability whatsoever that may arise out of LBHosting.com. Following said policy and procedure.
License to LBHosting.com. LBHosting.com claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to LBHosting.com, Subscriber grants to LBHosting.com and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on LBHosting.com servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services
Disputing Site or Account Ownership
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by LBHosting.com or in an associated LBHosting.com account. LBHosting.com is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by LBHosting.com or in an associated LBHosting.com account, LBHosting.com sole judgment, there is not certainty as to the ownership of or rights in said site or account, then LBHosting.com will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves LBHosting.com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what LBHosting.com, in its sole judgment, deems to be a reasonable time, then LBHosting.com , at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Florida and Texas file an inter-pleaded action in a court of competent jurisdiction within the State of Florida for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the inter-pleaded action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse LBHosting.com for all of its expenses relative to said inter-pleaded action including without limit all its court costs and reasonable attorney fees. All amounts owed to LBHosting.com shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleaded action. Failure of the rightful owner of said site and/or associated account to cause LBHosting.com to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle LBHosting.com to a judgment against said rightful owner for all costs and all of LBHosting.com expenses relative to said interpleaded action including without limit all of LBHosting.com court costs and reasonable attorney fees.
PRIVACY POLICY
Commitment. The LBHosting.com commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, LBHosting.com will take commercially reasonable steps to ensure your right to privacy. LBHosting.com is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with LBHosting.com , subject to specific confidentiality agreements, LBHosting.com will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, Enom or any other company that is directly affiliated with LBHosting
LBHosting.com will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise LBHosting.com legal rights or defend against legal claims.
LBHosting.com will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
LBHosting.com may transfer information about Subscribers if LBHosting.com is acquired by or merged with another company, in which event LBHosting.com will notify Subscriber.
UNLIMITED SPACE DEFINITION
LBHosting.com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, LBHosting.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until LBHosting.com can evaluate said sites resource needs.
COOKIE POLICY STATEMENT
General Purposes. LBHosting.com understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. LBHosting.com provides this Cookie Policy Statement to let you, the Subscriber, know how LBHosting.com uses this technology. LBHosting.com uses cookies to help LBHosting.com improve its website and web hosting services, and, most importantly, to provide LBHosting.com existing Subscribers with the opportunity for continued savings and increased convenience.
Cookies for Improving Our Web Site. LBHosting.com uses cookies to inform LBHosting.com of a repeat visit. The cookie does not tell LBHosting.com who a visitor is, the visitor's name, email address, or Passwords.
Cookies for Banner Rewards Program. To offer LBHosting.com Subscribers continued savings, LBHosting.com uses cookies to help monitor the traffic generated from LBHosting.com banners and logo buttons displayed on LBHosting.com Subscribers' websites. For every new LBHosting.com Subscriber that is introduced to LBHosting.com through a Subscriber's website, the Subscriber receives a credited discount.
Cookies for Subscriber Account Management. For LBHosting.com Subscribers, LBHosting.com uses cookies to store user names for added convenience to the Webmaster. As part of our LBHosting.com web hosting package, LBHosting.com offers password-protected, web-based management tools. By storing a Subscriber's username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) LBHosting.com is dedicated to using the newest technologies in order to simplify our Subscribers' experience.
COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, LBHosting.com has adopted a policy that provides for termination of websites hosted by LBHosting.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by LBHosting.com or a LBHosting.com subsidiary, and the copyright holder wants LBHosting.com to remove the website or disable the material in question, LBHosting.com will remove the website or disable the material if the copyright holder provides us with all of the following information.
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GENERAL
Reservation of Rights. LBHosting.com reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with LBHosting.com.
Severability. These Terms are binding upon LBHosting.com , all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. LBHOSTING.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY LBHOSTING.COM OR LBHOSTING'S.COM REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. LBHOSTING.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. LBHOSTING.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. LBHOSTING.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR LBHOSTING.COM IN PARTICULAR.
Limitations on LBHosting.com Liability. LBHOSTING.COM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL LBHOSTING.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LBHOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LBHOSTING.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. LBHOSTING.COM'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL LBHOSTING.COM'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO LBHOSTING.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, LBHOSTING.COM'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of LBHosting.com . You, the Subscriber, agree to defend, indemnify and hold LBHosting.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from LBHosting.com own gross negligence or willful misconduct. LBHosting.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of
LBHosting.com.
Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBHosting.com , regardless of where said individual is located.
Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBHosting.com. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO LBHOSTING.COM SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR LBHOSTING.COM ACCOUNT. BEGINNING NOW IF YOU CONTINUE TO USE OUR SERVICE YOU ARE ACCEPTING ALL OF OUR TERMS AND CONTIDION.
CHANGES TO THE TERMS OF SERVICE
LBHosting reserves the right to revise its policies at any time without notice.
2. Chargeback's and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $45.00 billing service fee.
