Terms of Service

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LowHost provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of LowHost are subject to the following terms of service:

Thank you for visiting LowHost. We have a responsibility to protect each of our clients and to provide the best services available. The following terms and conditions are designed to ensure these obligations are met. Placing your order confirms your acceptance of these terms and conditions.

All complaints of abuse, violation and misuse of the Services, whether described in this Section or otherwise, will be investigated quickly and acted upon. If you have questions regarding our policies or would like to report an abuse, please contact us at [email protected].

LowHost. is a provider of website hosting, e-mail and other online services. At any time, LowHost. reserves the right to suspend refuse or terminate any service provided at our sole discretion, without notice. Any sub-network distributive hosting sites and dedicated servers of LowHost Inc. must adhere to all of our policies. LowHost Inc. will not under any circumstances be responsible for consequential damages.

Acceptable Use Policy

LowHost. shall be the sole authority of what is and is not a violation of the acceptable use policies. LowHost. reserves the right to terminate an account at any time and for any reason that causes harm to any LowHost Inc. customer website. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

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Age

You must be at least 18 years of age to obtain service from LowHost.

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Our site

All elements of LowHost's web site, including words, images, and photos, are protected by trade dress (including the look and feel of this site), unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any LowHost's website may be copied or retransmitted unless expressly permitted by LowHost.

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Abuse

In case of abuse, LowHost. reserves the right to suspend refuse or terminate any service provided at our sole discretion, without notice. LowHost. will not under any circumstances be responsible for consequential damages.

Abuses include but are not limited to:
• sending spam e-mails - unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups
• spoofing - using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message
• passive spamming - promoting a web site hosted by LowHost. by spamming from some other source
• trolling - posting controversial messages in newsgroups to generate responses
• mail-bombing - inundating a user with e-mail without any serious intent to correspond
• generating a higher volume of outgoing mail than a normal user
• cross-posting messages
• posting obscene or inflammatory messages
• threatening other LowHost. users
• mail bombing LowHost.
• running packet sniffers or port scanners, or spamming. Spammers will be held responsible for the all cleanup fees.
• System abuses including but not limited to the excessive use CPU resources, disk space, and e-mail storage space. Hacking the systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts are also considered abuses.
• Any attempt to undermine or cause harm to a server or customer is strictly prohibited.

Any abuse should be referred to [email protected]

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What may NOT be hosted on our network:

- Warez
- IRC
- Child pornography
- Adult and Casino sites
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
- Hacking tools / material
- Prime Banks Programs
- Lottery/Gambling Sites
- Push button mail scripts
- Proxy Scripts/Anonymizers
- File Dump/Mirror Scripts (similar to rapidshare)
- Anything that may harm us, the server, or anyone else (mentally, physically)

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. LowHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

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Prohibited Content and Sites

Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the LowHost. Links to such materials are prohibited as well. All services provided by LowHost may be used for lawful purposes only. Illegal activities include, but are not limited to, storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of United States and Canadian laws, selling and/or distributing illegal contraband.

Transmission, storage, or presentation of any information, data or material in violation of any United States and Canadian 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 LowHost. harmless from any claims resulting from the use of the service, which damages the subscriber or any other party.

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Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.

The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer.

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Backups

Backups of new/changed data are made nightly and full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. The client is responsible for keeping a complete and current copy of their website files as backup on a remote system (not on LowHost servers). LowHost is not responsible for any lost files, information, or data. LowHost does not guarantee to possess the most current copy of a client's website. If loss of data occurs due to an error of LowHost Inc., LowHost. will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, LowHost. will attempt to recover the data from the most recent archive for a fee.

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Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 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) Use 10GB+ bandwidth per day in share hosting plans.
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 any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

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Bandwidth Usage

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..

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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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IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

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CGI Scripts Policy

Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other LowHost customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.

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Traffic Policy

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase additional traffic packages.

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Right to Damages

LowHost. reserves the right to collect damages from the violating party if any harm is done to LowHost Inc, including our system, servers, connectivity, reputation, business, service, operations, or equipment, which requires (software, hardware or man hours) repair or reconfiguration of any kind.

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IP Numbers

LowHost. maintains control and ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

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Dedicated servers/sub-domains

All sub-domains including, distributive hosting sites and dedicated servers, must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

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Account Ownership

LowHost is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, e-mail address, username, and password. If you give this information to any other party or give access to your e-mail address on your account to another party, you risk having your website and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or website. If you are a Web designer and you are not the person paying for the hosting account, we advise you to receive payment for your work before you publish it to our servers. Once the website is published to our servers the account owner has retained ownership of that content.

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Non-Transferability of Account

Service is not transferable. Use of LowHost. accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A customer may use no more than one login session per account at any time.

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Payment Policy

All services are provided on a pre-payment basis. LowHost accepts any ecurrency payment. All monetary transactions are in dollars.

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Billing Cycle

There is only annually billing cycles. All invoices are processed at the beginning of the year.

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Billing Notification

Clients will receive a notice via e-mail as to when their billing cycle ends. Unless a special arrangement has been made, all notifications of billing will occur through email.

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Limited Liability

The use of LowHost web services is at the customer's sole risk. Neither LowHost, its employees, affiliates, third party services, merchant licensors or the like, warrant that LowHost. web hosting service will not be interrupted or error free. LowHost. will make every good faith effort to ensure that its web servers are available to users as fast as possible and that there is minimal interruption of service. In no circumstance will LowHost Inc, its partners, its employees, or its affiliates be liable for any claims, any action either direct, indirect, special, incidental, or consequential, or any damages either punitive or alleged to have resulted, including loss of profits, from the use of or inability to use LowHost. service, from service interruptions, from customer errors or problems with their connectivity, from unauthorized access to LowHost servers, from communication failure, from bandwidth congestion or interruptions, or from acts of God. Our entire liability to you, if any, and your exclusive remedy with respect to use of LowHost. shall be to discontinue using our services.

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Indemnification

Client agrees to defend, indemnify and hold harmless LowHost Inc. against any liabilities arising out of defective products sold to customers from LowHost servers Inc., personal injury or property damage caused by products or services sold or distributed from LowHost. servers, any material that infringes or allegedly infringes on the rights of a third party available from LowHost. servers, and any material that libels or allegedly libels a third party available from LowHost. servers.

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Disclaimer

LowHost's website properties may contain technical inaccuracies or typographical errors. Changes to LowHost's website properties may be periodically made. Every good faith effort will be made to keep the website content accurate and up to date. LowHost reserves the right to make improvements and/or change our web site at any time without notice.

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Security

The customer is responsible for all use of the customer's accounts and confidentiality of passwords, including choosing safe passwords and ensuring file protections are set correctly. LowHost. will suspend access or change access to customer's accounts immediately upon notification by customer that customer's password has been lost, stolen or otherwise compromised. LowHost. Hosting is not liable for any usage and/or charges prior to LowHost. making the necessary account alteration.
The Customer acknowledges that all information of the Customer, including authentication information is accessible to Parent and its Service Providers.

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Cooperation with Authorities

LowHost. reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer.

LowHost. Right to Suspend or Cancel Account
LowHost. reserves the right to suspend or cancel service to a customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of LowHost Inc. that the customer may be performing activities harmful to LowHost. or its customers, employees, vendors, business relationships or any other users of LowHost Inc.

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Resellers

Resellers and their clients are bound by these same policies, guidelines and disclaimers. By reselling and purchasing our services, you hereby agree that LowHost. shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by LowHost. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

The Reseller must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Reseller must familiarize himself with such terms. The Reseller acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Reseller acknowledges and agrees that the Reseller shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.

The Reseller will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

The Reseller must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Reseller agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

The Reseller shall be responsible for providing customer service, billing support, and technical support to their Sub-Resellers, Lower Tier Sub-Resellers & Customers.

The Reseller acknowledges that all information of the Customer, including authentication information is accessible to Parent and its Service Providers.

The Reseller will not make any changes to any information or configuration of an Order without explicit authorization from the customer of that Order.

The Reseller shall comply with all other terms or conditions established by Parent and/or its Service Providers from time to time.

Reseller acknowledges that Parent Products maybe obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that Parent shall not have any liability associated with any such occasion.

The Reseller agrees that Parent Products under this agreement may be made available to Customers, Sub-Resellers and Lower Tier Sub-Resellers only after they enter into a legally binding agreement which is no less protective of Parent than this Agreement and which contains the requirements contained herein applicable to the Reseller. The Reseller acknowledges and agrees that the Reseller will be responsible for ensuring Customers', Sub-Resellers' and Lower Tier Sub-Resellers' compliance with such applicable terms and conditions and shall be responsible for any liability resulting from Customers', Sub-Resellers' and Lower Tier Sub-Resellers' noncompliance with such terms and conditions.

The Reseller agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Reseller in the OrderBox Database.

During the term of this Agreement and for three years thereafter, Reseller (himself/herself/itself or by its Agent / Authorised Representative) shall maintain the following records relating to its dealings with Parent, Sub-Resellers, Customers, Prospective Customers and/or their Agents or Authorized Representatives: