Terms of Service: Please read the information below. In
order to use our services you must to agree to these terms and conditions
or your order will not be processed.
The following words used in context with the Service
Contract are defined as follows:
Provider: L.A. Web Media
Client: The
person/entity applying for hosting services
The Provider agrees to provide, and Client agrees to receive, access
to the virtual server or Web hosting services according to the following
terms and conditions. The client understands that L.A. Web Media does
not provide dial-up connection, in order to keep our cleints web sites
operating at peak efficiency:
1. Client will use the Web hosting
packages and all other provided services in a manner consistent with
any and all applicable laws of the State of California and the US Federal
Government.
2. Provider
reserves the right, in its sole discretion, to deactivate the Client's
virtual server or Web hosting account(s) without further warning upon
an indication of credit problems including delinquent payments, or if
this service contract is violated, or if Clients's account or the traffic
on this account causes any kind of network or server problem / disturbances.
3. The provider service is provided
on an as is, as available basis. The provider gives no warranty, expressed
or implied, for the web hosting packages and all other services provided,
including, without limitation, warranty of merchantability and warranty
of fitness for a particular purpose. This no warranty expressly includes
any reimbursement for losses of income due to disruption of service by
provider or its providers beyond the fees paid by client to provider
for services.
4. Provider is not responsible for
any damages arising from Client's use of Provider or by Client's inability
to use the virtual servers, Web hosting packages and any other services
for any reason.
5. While Provider shall make every
reasonable effort to protect and backup data for Client on a regular
basis, Provider is not responsible for Client's files residing on Provider.
Client is solely responsible for independent backup of data stored on
Providers server and network.
6. Client hereby agrees that all
domain names and any material submitted for publication on provider through
client's account(s) will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain
anything libelous or harmful. Any potentially illegal activity may be
deactivated without warning by the provider. Client hereby agrees to
indemnify and hold harmless the provider for any claim resulting from
the submission of illegal materials.
7. Client
hereby agrees that all domain names and any material submitted for publication
on provider through client's account(s) will not contain anything leading
to an abusive or unethical use of the icp virtual server or web hosting
product(s) or the host server(s). Abusive and unethical materials and
uses include, but are not limited to pornography, obscenity, nudity,
violations of privacy, computer viruses, hacking, warez, mp3s and any
harassing and harmful materials or uses. Client hereby agrees to indemnify
and hold harmless the provider from any claim resulting from your publication
of materials or your use of those materials. Provider may or may not
give notice before deactivating the use of an account(s) which the provider
decides is an abusive or unethical use of the virtual server account(s)
or host server(s). provider may charge a $50 deactivation fee if clients
violation leads to an account deactivation or suspension.
8. Due
to the public nature of the Internet, all information should be considered
publicly accessible, and important or private information should be treated
carefully. Provider is not liable for protection or privacy of electronic
mail or other information transferred through the Internet or any other
network provider or its customers may utilize.
9. Use of distribution lists via
unsolicited electronic mail or other mass electronic mailings (UCE) is
strictly prohibited. Provider reserves the right to deactivate the Client's
virtual server or Web hosting account(s) upon an indication of such activity
without futher notice. Client hereby agrees to indemnify and hold harmless
the provider from any claim resulting from the Client's or another party's
use of electronic mail service(s) on the Client's virtual server or Web
hosting account(s). Provider reserves the right to charge a $50 deactivation
fee, if client's violation of provider's anti-spamming policy leads to
an account deactivation or suspension.
10. In the event it is necessary
to refer any dispute to an attorney, a collection agency, or resolve
it in a court of law, the prevailing party will be entitled to an award
of reasonable attorney's fees, collection fees, and all costs associated
with any legal action, whether or not a suit shall actually be filed.
Place where the contract is signed and fulfilled shall be Los Angeles,
California, United States of America.
11. Client acknowledges that all
orders, sales, rents, time frames, and terms are final. Once the service
is ordered (i.e. by clicking the order button of the online order form)
there are no refunds if the service contract is canceled by client before
the regular expiration date / anniversary date. All server and hosting
contracts are automatically renewed for another term unless a written
notice of cancellation has been given by either party at least two weeks
in advance of the renewal date / anniversary date. If no correct notice
of cancelation will be given, all contracts will automatically renewed
for another term under the same conditions. If an account has been setup
and the initial rent and setup fee is not paid within 4 days, provider has the right
to immediately close the account and to refuse service.