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| POLICIES |
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| Unacceptable
Content |
| All
services provided by Lava Hosting may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal,
State or City law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening
or obscene, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold harmless
Lava Hosting and its employees from any claims resulting from
the use of the service which damages the subscriber or any other
party. |
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| Examples
of unacceptable content or links: |
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Pornography and sex-related merchandising |
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Pirated software |
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Hacker programs or archives |
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Warez sites |
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| Lava
Hosting will be the sole arbiter as to what constitutes a violation
of this provision. |
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| Pornography
and sex-related merchandising is prohibited on all Lava Hosting
servers. This includes sites that may infer sexual content,
or link to adult content elsewhere. Lava Hosting will be the
sole arbiter in determining violations of this provision. |
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| Also
prohibited are sites that promote any illegal activity or present
content that may be damaging to Lava servers or any other
server on the Internet. Links to such materials are also prohibited.
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| Sites
with banners, graphics or cgi's running from their domain used
on other domains: |
| When
you employ services such as Link Exchange or a cgi host who
lets 1000's of others link to their site, it is important that
you require any sites you exchange ads with to display your
ad on their server. Not only will not abiding to this guideline
cause your site to load slowly, you will be responsible for
the data transfer used in this process. |
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| Sites
using more than 20% of system resources: |
| Lava
Hosting will be the sole arbiter as to what constitutes a violation
of this provision. |
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| Chat
Rooms & IRC: |
| We
do not allow clients to install their own chat rooms. These
tend to be a large drain on system resources and we cannot allow
it as an account option. We currently do not allow IRC or IRC
bots to be operated on our servers. |
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| Email: |
| Spamming,
or the sending of unsolicited e-mail including, without limitation
to, commercial advertising and informational announcements,
from a Lava Hosting server or using an e-mail address or domain
that is maintained on a Lava Hosting machine as reference is
STRICTLY prohibited. Lava Hosting will be the sole arbiter as
to what constitutes a violation of this provision. A user shall
not use another site's mail server to relay mail without the
express permission of the site. Lava Hosting will be the sole
arbiter as to what constitutes a violation of these provisions.
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| System
and Network Abuse |
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| Server
Abuse: |
| Any
attempt to undermine, compromise the security of, or otherwise
cause harm to any Lava Hosting server or customer accounts is
strictly prohibited and will result in the cancelation of the
account. |
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| Background
Running Programs: |
| We
may allow programs to run continually in the background. These
are considered on a case-by-case basis and an extra charge will
be incurred based on system resources used and operational maintenance
needed. |
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| Refusal
of Service: |
| We
reserve the right to refuse, cancel, or suspend service at our
sole discretion. |
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| Limited
Liability: |
Lava
Hosting shall not be liable under any circumstances for any
special, consequential, incidental or exemplary damages arising
out of or in any way connected with Lava services, including
but not limited to damages for lost profits, loss of use, lost
data, down time, loss of privacy, damages to third party even
if Lava has been advised of the possibility of such damages.
The foregoing limitation of liability shall apply whether any
claims based upon principles of contract, warranty, negligence
or other tort, breach of any statutory duty, principles of indemnity
or contribution, the failure of any limited or exclusive remedy
to achieve its essential purpose or otherwise.
Lava Hosting will not censor any content on the INTERNET. It
will be the CLIENT's responsibility for the usage of his account
and any consequences of this usage. |
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| Money
Back Guarantee: |
| Lava
Hosting is pleased to offer a money-back guarantee within 30
days of your account activation should we fail to provide satisfactory
service. We do not refund domain registration fees. Furthermore,
Lava Hosting will not and can not be responsible for any fees
that you charge for your services to your customers. Our guarantee
does not apply to accounts which violate our acceptable use
policies, exceed the data transfer limits, domain name registrations,
or resold accounts. |
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| Disclaimer: |
| Lava
Hosting cannot be held liable for system downtime, crashes,
or data loss. We cannot be held liable for any predicted estimate
of profits in which a client would have gained if their site
was functioning. Certain services provided by Lava Hosting are
resold. Thus, certain equipment, routing, software, and programming
used by Lava Hosting are not directly owned or written by Lava
Hosting. Moreover, Lava Hosting holds no responsibility for
the use of our clients accounts. If any terms or conditions
are failed to be followed, the account in question will be automatically
deactivated. We reserve the right to remove any account without
advanced notice for any reason without restitution as Lava Hosting
sees fit. |
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| Account
Activation: |
| By
activating your account with Lava Hosting, you agree to the
above policies and disclaimer. Upon requesting an account activation,
you are required to accept these policies, guidelines, and disclaimer
and a copy of your acceptance is forwarded along with your activation
request to be maintained within your account information. |
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| Billing: |
| Payments
may be made via check, money order and credit card. If you select
to pay via credit card, your account will automatically be rebilled
for furture invoices unless you request otherwise. |
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| Lava
Hosting retains the right to change any or all of the above
Policies, Guidelines, and Disclaimer without notification. |
