The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. LAHostNet. reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill.

Content:  All services provided by lahostnet.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, International or other countries, Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, offensive or tasteless content or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless lahostnet.com from any claims resulting from the use of the service which damages the subscriber or any other party.

We now provide adult web hosting, our new state of the art facility has no problem with adult web sites and as such either do we.

Customers shall not allow the posting, transmission, or storage of data and content on or through the Services which, in The Planet's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the Services.

A Customer shall not knowingly host on its Servers, or transmit over The Planet's network, any material believed by The Planet to constitute child pornography. In addition to the any other actions it may take under this AUP, The Planet reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Racist or 'Hate' related material
Information related to the misuse of credit cards, phones, computers.

lahostnet.com will be the sole arbiter as to what constitutes a violation of this provision.


It is implied that subscribers have a basic knowledge of the Internet and it's inherent protocols. lahostnet.com denies any responsibilities for any damages arising as a consequence of a lack of knowledge in the maintenance and condition of a subscriber's account or website. lahostnet.com does however accept a responsibility to provide support to it's subscriber's and all reasonable efforts will be made to assist subscribers in the working maintenance of their account. 

Tortious Conduct

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming:  

The abuse and misuse of e-mail is a serious problem, and LAHostNet will not tolerate it.

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

Punishment For SPAM:

LAHostNet reserves the right to terminate, without warning, any account that violates this policy. Usage of LAHostNet services constitutes acceptance and understanding of this policy.

LAHostNet may, at its option, charge $25.00 per SPAM complaint we receive for customers. Resellers will be charged for resold accounts, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.

If its found any client has setup an account with lahostnet.com, for the express terms of sending unsolicited email, LAHostNet.com reserves the right to charge a one time fine of $250.00 If LAHostNet can show proof the client has sent the email from LAHostNet servers or network.

LAHostNet reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

The prohibition extends to using any outside or third party resources to spam, harvest addresses for spamming, or helping promote the practice in any way, including the distribution of software for the purpose of spamming.  Customers are responsible for the actions of anyone using  their account (except for the criminals who break into systems at the server level).  Spamming causes a theft of resources, considerable problems at the server level when thousands of e-mails are returned or received in complaint, and is a despicable practice.  We will not tolerate spammers at all on our system.

Spamming from an lahostnet.com server or using an email address or domain that is maintained on an lahostnet.com machine as reference is STRICTLY prohibited. In addition the uploading and/or use of scripts designed for the use of spamming are forbidden and will constitute a breach of this AUP. lahostnet.com will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this condition will have their account closed with no refund at all for any fee paid to lahostnet.com immediately. Our servers have in place detection software that will recognize known scripts used in the mass unsolicited e-mailing (spamming) of other accounts - you will be caught. Such e-mail received by lahostnet.com is always forwarded to the proper authorities.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other LAHostNet policies are subject to change by LAHostNet without notice. Continued usage of the services after a change to this policy is implemented and posted on the LAHostNet site constitutes your acceptance of such change or policy. We encourage you to regularly check the LAHostNet site for any changes or additions. Visit this page for further information regarding our policies.

Our Providers:

Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that LAHostNet does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Misuse of System Resources:  Customers may not run background processes (daemons, IRC, etc.) on shared servers. Even with a limited number of accounts, background processes consume an excess of resources since they run all the time and it's just not fair to others on the server. Violations of this policy will result in a user's background processes being killed, and may result in account suspension. 


Any attempt to knowingly undermine or cause harm to a server, or customer, of lahostnet.com is strictly prohibited. 


This includes, but is not limited to: using programs that consume excessive CPU time (generally 10% or more of system resources); If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice.  
 

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, webbots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space within your account, use of servers for excessive backup of files unrelated to the web site of the account; or resale of remote access to CGI scripts installed on our servers. Further, You may only have a total of 5 concurrent mysql connections, also databases which exceed 10MB can result in suspension or termination of account.

Operation of IRC servers or IRC bots such as Egg Drop on our servers will result in an immediate suspension of service, with no refund for any fee paid to lahostnet.com. 


Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the web server. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. LaHostNet reserves the right to suspend accounts without notice to clients who violate these terms. LaHostNet has sole discretion over what constitutes excessive usage.

Bandwidth: 
This condition also relates to the overuse of bandwidth for a subscriber's account. In the unlikely event of an overuse of bandwidth the subscriber agrees to discuss options regarding the rectification of this issue. 

Unlike many hosting companies we do not place an 'unlimited' amount of bandwidth anywhere on our site only to place a capped limit within these terms and conditions. All accounts are clearly marked on the Plans page with their basic bandwidth (or data transfer) allocation. Unlimited bandwidth is a myth - we choose not to be dishonest about it. 

Bandwidth overuse will not directly result in suspension or closure of an account as long as a resolution can be found in a timely manner.  Unforeseen increases in traffic will be taken into account and small one time overages are not billed, we use a safety buffer for your protection.  Abuse of our safety buffer will not be tolerated.  

All bandwidth overages are billed in 1-gig increments and the price is listed on our plans page.  If the domain owner wishes to be bumped up to a higher plan with more allocated bandwidth, this is an option too.  

If a resolution and payment cannot be made and the domain goes over the allocated bandwidth, the server control will automatically shut down the domain after the domains allocated bandwidth has been  depleted and our complimentary buffer for your safety is exhausted. 

The server does not send a message to you! Why? You should have already received plenty of messages and notice at this point from us that you were about to go over your allocation and if it gets to this point it likely become an unresolved billing issue.  Since lack of payment is most likely the cause of a shutdown, please see the billing section below for details.

Formmail Scripts  The use of any formmail scripts by Matt Wright or any scripts built from his code, bformmail, etc. are strickly forbidden on our servers.  if you have a need for a formmail script, please use the formmail script provided in our control panel or contact us for an alternative.  The formmail scripts are well known targets for spam exploits. Any account exploited due to the use of an outside formmail script will be fully responsible for the costs involved for server technicians time spent resolving the issue at $25.00 an hour.  The account will also be disabled and may be terminated immediately and without prior notice.

What does LAHostNet consider 'CGI ABUSE'?:
Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. LAHostNet is the sole determinant of what constitutes degraded server performance. 


Due to their use of flat files instead of databases, LAHostNet does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. LAHostNet suggests using XMB Sql BBS (comes with all LAHostNet packages), VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.'

LAHostNet.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. LAHostNet.com reserves the right to terminate an account at any time and for any reason that causes harm to any LAHostNet.com customer's web sites. LAHostNet.com reserves the right to delete all content and files upon termination. LAHostNet.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. LAHostNet.com reserves the right to refuse, cancel, or suspend service at our sole discretion.

LAHostNet.com reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Uses Policies should be referred to

All complaints will be investigated promptly.

Recurring Billing: All credit cards are billed automatically monthly, quarterly semi-annually or yearly on the 1st day of the month and due no later then the 5th if their credit card fails. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. 

In the event that a card is declined for any reason we will send an e-mail with instructions for submitting a new credit card.  We will process the transaction 5 days following the initial decline once again.  If the credit card fails the second time the web site will be suspended and a deactivation notice sent.  If a new credit card is not submitted within 24 hours the web site will be deleted without further warning.  All unpaid bandwidth overages are suspended immediately by the server!  Plenty of notice is given to the site owners before bandwidth overages occur and this situation only occurs for non-payment.

Any account which has been suspended for non-payment will be automatically switched to annual payments no matter what their plan was before the suspension.  This is to assure future payments are received for the year and prevents most account defaults.  To re-activate any expired account which has not yet been deleted, requires payment up front the account current annual plan price, there will be NO exceptions.  Any account that is over 30 days past due is normally deleted, there is no guarantee your account files have been kept safe for any account that is in default after 7 days non-payment, it is your responsibility to have a site backup at all times. 

If your web site is important, you are strongly recommended to pay using a credit card, not a debit card (which are more prone to failures) or to pay annually (for which you will receive a discount).

Cancellation:   LAHostNet.com requires a 30-day notice for terminations.  Charges will continue to accrue until service has been formally cancelled. LAHostNet.com does not prorate charges for accounts. If you cancel, your subscription will terminate at the end of the current period. Cancellation can be made via our service disconnection page.  All fees paid for service prior to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration and/or setup fees for ecommerce shopping carts such as LACart-XL and is dependant upon adherence to the conditions of this agreement.


Customer Cancellation Responsibilities It is customer's responsibility to cancel an account before the 1st day of the month, which is the due date for all Credit Card billings. Any late cancellations, even hours after the billing date and/or charges have been posted, are only effective after the billing date, meaning the customer is responsible for any and all charges prior the cancellation. All charges will cease only after the cancellation notice has been received from the customer, and LAHostNet has confirmed the cancellation.

LAHostNet will request identification information from the customer in order to perform an identity check on the person requesting the cancellation, to make sure that that person is authorized to perform such a cancellation. Such procedures may or may not be taken if the customer's account has already been closed due to non-payment. It is customer's responsibility to return such information to LAHostNet prior the next billing date, otherwise, the customer will be responsible for any and all charges that are made before the identification information is received. 

Until the customer has provided correct identity information, LAHostNet will not cancel the account. In order for a cancellation to be valid, LAHostNet must confirm the cancellation. It is customer's responsibility to make certain that this confirmation is received. All confirmations by LAHostNet are made via e-mail (not by phone, not by FAX, not by regular mail or any other method).

Prior to cancellation of your account it is STRONGLY advised you download and make a local copy of your website. lahostnet.com will accept no liability for damage caused through the closure of an account either due to client request, or misuse of accounts. lahostnet.com will not be held responsible for the loss of data due to the closure of a subscriber's account.

Your responsibilities Include:  Contact us if you have questions about anything. We cannot possibly cover every thing that could arise. We don't try to list them all and never could. Most people act responsibly and know what's right and wrong. If you have any doubts, ask us first.

Data Integrity and Backups
We provide NO guarantee that we will be able to restore the server if there is a disk failure or any other reason that causes all server data to be lost. You must keep a copy of all your files (recommended even though we create and maintain backups for your site). Hard drives fail, things happen, and keeping a copy is a smart precaution and aids in restoring a site.  You can download a site backup from your User Panel, created every day.

BACKUP! - BACKUP! -BACKUP!!!!
You have total responsibility for the content of your site.

PLEASE Protect access to your account! This includes protecting your login and password, and any computers you use to access your account, especially if the password is accessible on them. If you are running any 3rd party Php or Cgi scripts, it is your responsibility to keep those scripts updated.  This includes Vbulletin Bulletin board, PhpBB, all Blog scripts and any other script installed by you or through our control panel by you.  If your web site is compromised by a hacker or your site needs to be restored, it is your responsibility to restore your files from your backups.  If you have not been downloading a fresh copy of your site backups through our control panel and require our system techs to restore your site. There will be a $75.00 charge to restore your site, paid in full before the restoration can begin.  If you need your site restored, please click the button below. There is no guarantee, the backup will completely restore your site to it's previous condition.  If your site was hacked and you pay us for a system restore, your site could easily be hacked again. Upgrade your web script files immediately!.  We always recommend starting out fresh if your web site is compromised.

 

It is your responsibility to keep your contact and billing information with us current.  The client is responsible for securing their username/password.


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 assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of LAHostNet's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of LAHostNet.com to provide this knowledge or support outside matter specific to LAHostNet.com's servers.