User Agreement
Please Read the Following User Agreement
LA Servers acts as a neutral provider of web hosting services to the global Internet. LA Servers may suspend services provided to you or cancel your account if determined that you have violated LA Servers policies. LA Servers is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: UUNet, Sprint, and AT&T. *** NOTE: Switching / transferring your domain to another hosting provider DOES NOT CANCEL YOUR LA SERVERS HOSTING ACCOUNT. You must notify LA Servers to cancel your account, using one of the methods listed below under CANCELLATION. Please actually read this User Agreement! *** PAYMENT POLICIES Initial Fees Payment of the setup fee and first period's monthly charges are required for LA Servers to activate your service. Setup fees are non-refundable. Fees for domain name setup, renewal, or transfer are non-refundable. LA Servers will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, LA Servers will cancel your order. Please note that services will not be activated until payment is received. Payment by check will only be allowed for payment periods of 6 and 12 months. Service for check paying customers will only be activated after your check clears bank processing. Monthly Recurring Charges You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th each month thereafter. When paying by credit card, we will automatically charge your credit card on the first day of your billing cycle which may be 1, 6 or 12 months. Your account will be suspended if three attempts to charge the card are declined. LA Servers will notify you by email if your account is suspended, so that you may provide us with another credit card. *** ACCOUNT RENEWAL NOTICES *** Account Renewal Notices are sent 1 month and 2 weeks before accounts are up for renewal. Account Deletion Warnings send 3 days after the account goes overdue. Account suspension occurs 10 days after the account is overdue. To avoid Account Suspension, please either send your renewal check in a timely manner or create a credit card billing profile so your account will automatically renew. PLEASE NOTE: If an account is cancelled AFTER THE RENEWAL DATE, (monthly or yearly) no refunds will be given for any partial unused months. *** SERVICE OVER USAGE CHARGES *** As a courtesy, LA Servers will AUTOMATICALLY contact you VIA EMAIL any time your account approaches approximately 90% of your hosting package's monthly disk storage or bandwidth allotments. If your account at any time exceeds your hosting package's monthly bandwidth allotments, LA Servers will AUTOMATICALLY either: 1. Charge your account the current over usage rate for bandwidth service. 2. Suspend your account until your billing cycle resumes. *** To avoid the automatic suspension of your account due to monthly over usage in bandwidth allotment, login to the Control Panel and turn on "Automatically Bill For Extra Bandwidth." *** NOTE: Turning this option on will prevent your site from being suspended if you go over your monthly allotted bandwidth. At the end of your billing period, an amount will be charged to your account equal to the extra bandwidth used multiplied by the cost per bandwidth unit. Selecting this option could cause you to be charged for an unknown amount of bandwidth over usage. You will be held responsible for all charges associated with extra bandwidth that you use. CANCELLATION LA Servers reserves the right to cancel your service at any time. Upon cancellation, LA Servers will refund any unused amounts that you have paid. If your account is cancelled because you have violated LA Servers usage policies, no refund will be paid. You may cancel your service at anytime. You can use the online cancellation form located within your Control Panel. You may also cancel your account using fax or regular mail. Any accounts cancelled by fax or regular mail must include: 1. Account name 2. The primary contact's valid signature 3. Reason for cancellation 4. Last four digits of the credit card or Checking account number on file The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by LA Servers. *** NOTE: Transferring your domain away from LA Servers does not mean that your account is automatically cancelled. You must notify LA Servers to cancel your account, using one of the methods listed above. *** Refunds will only be given for full, pre-paid months of service. If you are due a refund, LA Servers will send a refund check within 30 days of cancellation receipt. LAWFUL PURPOSE LA Servers may refuse service to anyone. You may use LA Servers services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. Examples of unacceptable content include pirated software, hacker programs and archives, warez sites and illegal pornography. LA Servers will make the decision as to whether materials violate its policies. SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE LA Servers will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "phishing" (tricking other people into releasing their passwords), attempted password cracking, security hole (port) scanning, etc. Any of these actions by a LA Servers customer, whether or not the attacked account or computer belongs to LA Servers, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. LA Servers may deny use of *.LAServers.net third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.LAServers.net third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within LA Servers' sole discretion. ZERO TOLERANCE If you send spam (unsolicited email) or cross post to Usenet newsgroups, you may be subject to immediate cancellation. LA Servers may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees. This policy is to promote proper Internet etiquette. PRICING POLICY LA Servers will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for LA Servers under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services. LA Servers may change package features and specifications at its discretion. WEBSITE CREATION AND ACCESS To create/edit your own Website and access your Web Space on the web server, you'll need to: 1. Already have access to the Internet. 2. Already know how to design your own web pages or use the SiteBuilder / HTML Editor within the Control Panel. 3. Be able to use FTP or the File Manager within the Control Panel if your account includes it. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold LA Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LA Servers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LA Servers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LA Servers' server; (2) any material supplied by 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 LA Servers' server. DISCLAIMER LA Servers will not be responsible for any damages customers or their enterprises may suffer. LA Servers makes no warranties of any kind, expressed or implied for services we provide. LA Servers disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by LA Servers and its employees. LA Servers reserves the right to revise its policies at any time. Limitation of Liability In no event shall LA Servers be liable to customer for any damages resulting from, or related to, any failure or delay of LA Servers in providing access to the internet under this agreement. LA Servers makes no warranties of any kind, expressed or implied for services we provide. LA Servers disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall LA Servers be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if LA Servers has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in LA Servers services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. LA Servers' liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to LA Servers hereunder. LA Servers will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by LA Servers and its employees by its own negligence or customers errors or omissions. LA Servers reserves the right to revise its policies at any time. Severability In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof. Customer must file any claims it may have against LA Servers under this Agreement in the state or federal courts in Los Angeles County, California, and LA Servers must file any claims it may have against Customer under this Agreement in the state or federal courts in Los Angeles County, California. Force Majeure Neither party will be in breach of this Agreement for any cessation, interruption or delay in the performance of its obligations under this Agreement (other than payment obligations) due to causes beyond its reasonable control including but not limited to earthquake, fire, flood, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (a "Force Majeure Event"). A party whose performance is excused by operation of this Section will provide prompt notice of the Force Majeure Event to the other party and will resume the interrupted performance as soon as it is feasible to do so, but in no event no later than thirty (30) days after the cessation of the Force Majeure Event. Either party may terminate this Agreement if the Force Majeure Event continues for more than forty-five (45) calendar days, without incurring liability solely as a result of such termination. Arbitration In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to American Arbitration Association and its Rules of Arbitration. The arbitrator's decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with arbitrator's award, the other party is entitled of costs of suit including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Last modified 1-13-09
