The use of services from LocalChildCareMarketing.com [hereafter referred to as “LCCM”] constitutes agreement to those terms.
1) Account Setup and Required Email Address
We are going to setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) that you are signing up under. If we need to contact you, the primary email address on file is going to be used for this purpose. It is your responsibility to ensure the email address on file is up-to-date at all times. When you have a domain name registered with LCCM, it is your responsibility to ensure that the contact information for your account is accurate and up-to-date. LCCM is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you would like to check or modify this information, you should contact [email protected] Providing false contact information may result in the termination of the account.
All services supplied by LCCM may only be used for legally recognized purposes. The laws of the State of Nevada, the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless LCCM from any claims resulting from the use of LCCM services.
Use of LCCM services that infringe upon any trademark or copyright is prohibited. This includes but is not limited to unauthorized copying of books, music, images, or another 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 a copyright might be expeditiously removed or access to the content disabled. Any account found to be in repetitive violation of copyright laws will be suspended and/or terminated from LCCM hosting. If you suspect that your copyright or trademark is being infringed upon, please email [email protected] with the needed information. The form of notice has to be consistent with the form suggested by the United States Digital Millennium Copyright Act (DMCA) the text of which can be found on the U.S. Copyright Office Website http://www.copyright.gov/.
Using a hosting account for backup or storage is not permitted, with the exception of one backup of equivalent account. Samples of unacceptable items on all web hosting accounts include:
- Audio Streaming (more than one commercial streams)
- Bruteforce Applications/Programs/Scripts
- Forums/Boards and/or websites that link or distribute illegal/pirated/warez content
- Hacker focused archives/programs/sites
- IRC Bots/Scripts
- Gambling/Lottery Sites
- Pirated Software/Warez
- Proxy Anonymizers/Scripts
- Sale of any controlled substance
- Sites promoting illegal activities
- Spam Scripts/Mail Bombers
LCCM services, including all related equipment, networks, and network devices are supplied only for approved customer use. LCCM systems may be monitored for all lawful purposes, including for administration of the system, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. In the course of monitoring, information may be examined, copied, recorded, and used for authorized purposes. Use of LCCM system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third-party system without authorization from the third-party is subject to suspension. Access to systems or networks outside your control must be with expressed written consent from the third-party. At its discretion, LCCM may require documentation to prove access to a third-party systems or network is authorized.
LCCM reserves the right to refuse service to anyone. Any content that, in our judgment, is illegal, obscene, threatening, or violates our terms of service in any manner may be removed from our servers with or without notice.
Failing to respond to email from our support department within 48 hours may result in the suspension or termination of services. All abuse issues must be dealt with by means of a trouble ticket or email and will be subject to reply within 48 hours.
Websites hosted on LocalChildCareMarketing.com’s server(s) are regulated only by U.S. law. For this reason, and pursuant to Section 230(c) of the Communications Decency Act, LCCM does not remove alleged defamatory content from domains hosted on its server(s). The only exception to this is when the content has been determined to be defamatory by a court as evidenced by a court order. LocalChildCareMarketing.com does not investigate defamation claims and relies on courts and the legal system to determine whether or not content is defamatory. In the event a US court order indicates content is defamatory, libelous, or slanderous, LCCM will disable access to the content. In the event a US Court placed an injunction against specified content, LCCM will comply and remove or disable access to the content in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like LocalChildCareMarketing.com and many of LocalChildCareMarketing.com’s other web hosting services and brands are republishers and not the publisher of content. LCCM services provide a hosting platform on which to host content, and any creation or publication of content on LCCM servers is the sole responsibility of the third-party user which creates or publishes the content. Therefore, LocalChildCareMarketing.com should not be held liable for any alleged defamatory, offensive, or harassing content published on websites hosted by LocalChildCareMarketing.com.
Potential of harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice. In addition, violations will be reported to the appropriate law enforcement agency.
It is your responsibility to make sure that programs/scripts installed under your account are secure and permissions of directories and files are set properly. When practical, set permissions to directories to 755 or as restrictive as possible. Similarly, set permissions to files to 644 or as restrictive as possible. Users are responsible for all actions taken under their account. This includes any compromise of credentials like user names and passwords.
3) Zero Tolerance Spam Policy
LCCM takes a zero tolerance stance against sending of bulk emailing, unsolicited e-mail, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM may not be hosted on LCCM servers. This provision includes SPAM sent via email, fax, instant messaging, phone, or newsgroups. Any account which results in an LCCM IP being blacklisted will be immediately suspended and/or terminated.
LCCM reserves the right to require changes or disable as necessary any website, 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.
LCCM reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of LCCM.
4) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. LCCM 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 LCCM servers. The fee for restoration is $35.
5a) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
5b) Resource Usage
User may not:
- Resell web hosting to other people.
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- 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.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
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”)
To help reduce usage, do not force HTML to handle server-side code (like php and shtml). Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first and if no action is taken future suspension. Accounts found to be exceeding a 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however, databases will still be backed up. Every file (email, image file, webpage, etc.) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended. However, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically the result of users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages build up eventually pushing the account past the inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then, “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
6) 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 LCCM reserves 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 hosting, or 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.
7) Money Back Guarantee
LCCM reserves the right to refund a prorated amount or no refund at all. Each of LCCM’s managed shared accounts carry a 30 day unconditional money back guarantee. If you are not completely satisfied with LCCM services within the first 30 days of your service you will be given a full refund of the contract amount.
LCCM will not activate new orders or activate new packages for customers who have an outstanding balance with LCCM. For a new order to be setup or a new package to be activated, you must have a balance of $0.00 unless otherwise stated by LCCM in writing.
8 Cancellations and Refunds
LCCM reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Customers may cancel at any time. Requests for cancellation must be in writing. LCCM gives you an unconditional 30 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be given on a prorated basis from when the refund was requested if the account is eligible for a refund. Refunds are determined by LCCM at the time the account is canceled.
The following methods of payments are non-refundable and refunds will be posted as credit to the hosting account:
- Wire Transfers
- Money Orders
- Western Union
There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests for accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you have had an account with LCCM before, canceled and signed up again, you will not be eligible for a refund. In addition, you will not be eligible for a refund on a second account or subsequent accounts you might open with LCCM.
Violations of the Terms of Service will waive the refund policy.
9) Price Change
The amount you pay for hosting will never increase from the date of purchase. LCCM reserves the right to change prices listed on LocalChildCareMarketing.com and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold LCCM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against LCCM, 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 LCCM against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LCCM; (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 customers from LCCM’s server(s).
By using any LCCM services you agree to submit to binding arbitration. If any disputes or claims arise against LCCM or its subsidiaries, such disputes will be handled by an arbitrator of LCCM’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
12) Other Legal Remedies
Should a customer choose to pursue a lawsuit against LCCM, it subsidiaries or principals, the customer has agreed to limit their award to three (3) times the total amount spent with LCCM during the prior five (5) years. Additionally, any legal fees awarded if a judgment goes against LCCM are limited to $1,000. If LCCM should prevail, legal fees awarded will be 150% of actual costs.
LCCM shall not be responsible for any damages your business may suffer. LCCM makes no warranties of any kind, expressed or implied for services LCCM provideS. LCCM disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LCCM and its employees.
14) Disclosure to Law Enforcement Agencies
LCCM may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. LCCM will cooperate fully with law enforcement agencies.
15) Changes to the Terms of Service (TOS)
LCCM reserves the right to revise its Terms of Service at any time without notice, and the changes take immediate effect for all customers. A single email will be provided to all customers notifying them that there have bee changes to the Terms of Service.