LIMITED VISUAL SERVICES TERMS OF SERVICE
THIS AGREEMENT BETWEEN LIMITED VISUAL SERVICES, INC. (hereinafter
referred to as "Limited Visual Services") and Account Holder (hereinafter
referred to as "User")
WHEREAS Limited Visual Services provides the service (the
"Service") of hosting World-Wide-Web sites in exchange for valuable
consideration by the User;
AND WHEREAS User desires to subscribe to the Service on the terms and
conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and agreements
contained in this Agreement and other good and valuable consideration (the
receipt and sufficiency of which are hereby irrevocably acknowledged by the parties)
Limited Visual Services and User agree as follows:
1. The
Service. Limited Visual Services agrees to provide User with storage space
on the Limited Visual Services server for the purpose of hosting a
world-wide-web site (the "Site") in the prescribed amount stated on
www.lvs.net.
Where the user subscribes to any of the listed hosting plans user agrees to be
bound by the additional terms of service found on
http://www.lvs.net
2. Limitations.
The Service is subject to the following limitations:
- CPU Resources. User acknowledges that the
Service is provided on a shared server environment and agrees not to
engage in any activity that could overwhelm the servers with heavy CPU
usage or that requires a disproportionate amount of the resources of the
Limited Visual Services servers, including without limitation, use of
highly active CGI scripts or chat scripts;
- User shall not include content, or internet
links to content on the Site that contain, promote or involve any of the
following:
- any infringement of copyright,
trademark, patent, trade secret or other intellectual property right;
- nudity or pornography;
- content that exploits children
under 18 years of age;
- hate propaganda;
- racist, threatening, or
otherwise abusive content;
- the promotion or incitement
of, or instruction for, the commission of illegal activities;
- mail fraud, multi-level
marketing (pyramid) schemes or any other fraudulent activities;
- content promoted through the
sending of unsolicited e-mail (also known as spamming);
- sending of unsolicited e-mail
(spam) from the Limited Visual Services server, or any other server that
refers to content on the Limited Visual Services server, or sending such
e-mail with a Limited Visual Services' hosted Web site listed as the
contact address;
- warez, cracks, hacks, spam software
& their associated utilities;
- information or other material
that contains a virus, corrupted data or any other harmful or damaging
component;
- Idem. User agrees that Limited Visual Services
is not responsible for content on pages hosted on member sites and
acknowledges that Limited Visual Services does not endorse or verify any
such material;
- Idem. User agrees to assume full responsibility
for all files associated with the Site and acknowledges that User may be
held legally for the contents of the Site;
- Backup and Monitoring. User is solely
responsible for creating backups of any files associated with their Site
and for monitoring and maintaining their Site.
- Notice to Officials. If Limited Visual Services
determines that law enforcement officials should be notified regarding
potentially illegal content on the Site, User agrees that Limited Visual
Services may provide copies of User's web pages to the appropriate
officials without notice to user. Limited Visual Services will cooperate
with all law enforcement efforts to locate persons who have posted content
that is illegal or promotes illegal conduct;
- Policies and Guidelines. User agrees to abide by
all policies or guidelines, together with any amendments thereto, set out,
from time to time, by Limited Visual Services anywhere on the site
www.lvs.net;
- Bandwidth. USER agrees to be bound by the
restrictions pertaining to allowable bandwidth data transfer on a
per-month basis as stated on
www.lvs.net;
In the instance of the overuse of bandwidth, where USER exceeds the
bandwidth limit, the LIMITED VISUAL SERVICES accounting department will
contact USER and offer USER the option to either upgrade USER's plan or reduce bandwidth usage. LIMITED VISUAL
SERVICES will reasonably cooperate with USER in such instances. However,
if USER refuses to either upgrade USER's plan or
reduce bandwidth usage, LIMITED VISUAL SERVICES will have the right to deactivate
USER's Web site with no compensation to USER.
3. In the
instance of LIMITED VISUAL SERVICES WEB MAIL™, the following provisions apply:
- Responsibility of the User. User is solely
responsible for the content of their e-mail messages. User is not permitted
to transmit messages on the E-mail service that (a) infringe on any third
party's intellectual property or proprietary rights, or rights of
publicity or privacy; (b) violate any law, statute, ordinance or
regulation; (c) are defamatory, trade libelous, threatening, abusive, or
obscene in the opinion of Limited Visual Services; (d) contain viruses or
other similar harmful or deleterious programming routines; (e) contain
links to any sites that include any of that kind of content; or (f) refer
to or contain any matter referred to in paragraph 3d of this Agreement.;
- Account Size. User’s e-mail box may store no
more than the prescribed amount stated on www.lvs.net.
When User's account approaches the maximum email box size, Limited Visual
Services shall notify User by email that User's account is approaching
full capacity. If User does not subsequently delete email box contents to
reduce email box size, then any further emails sent to User which results
in User's email box exceeding maximum capacity will be returned to sender
without notice to User.
- Spamming is Prohibited.
Limited Visual Services will determine in its sole discretion whether any
of the messages sent by User are considered as being spam. Spamming
generally includes sending any form of email that can be interpreted as
junk email or bulk email that the recipient has not specifically requested
from User. Limited Visual Services reserves the right to take legal and
technical remedies to prevent User from sending spam. If User is found to
be sending spam, User's account may be terminated without notice;
- Privacy of User's Mailbox. Limited Visual
Services considers User's registration data and the content of all User's messages to be private. Messages that User sends
will be received with User's name and Internet Protocol (IP) address
contained within the header of the e-mail message. Limited Visual Services
will not intentionally monitor or disclose any of User's email messages or
registration data unless Limited Visual Services believes in good faith
that Limited Visual Services is required to do so (i)
to enforce these Terms of Service, (ii) by law, (iii) to defend Limited
Visual Services in any action, or (iv) to protect Limited Visual Services
property. Additionally, User must agree to respect the privacy and
confidentiality of others. Since privacy is, in part, a function of User's
passwords, Limited Visual Services encourages user to change passwords
frequently and to not share them with anyone;
- Privacy of your Registration Data. User
understands that the E-mail services are supported by advertising and
Limited Visual Services will disclose statistics about our aggregate
registration information in connection with our marketing activities;
- Registration Data. User agrees to provide
Limited Visual Services with current, complete, and accurate registration
information in the registration process and to maintain and update
registration information as necessary to keep it current, complete and
accurate;
- Personal Use. User agrees to be fully liable for
the use of User's mailbox, including any unauthorized use of mailbox by a
third party. User agrees to notify Limited Visual Services immediately if
User becomes aware of any unauthorized use of mailbox;
- E-mail Retention. User must remember to check
their mailbox for messages frequently. All email that User receives in
their mailbox that is not opened for more than 60 (sixty) days will be
deleted and unrecoverable;
- Cancellation of Mailbox. If User's mailbox is
cancelled by User or by Limited Visual Services, all email, including any
attachments will automatically be deleted; and
- Proprietary Rights. User agrees and acknowledges
that they may not upload, post, reproduce, or
distribute any content on or through the E-mail service that is protected
by copyright or other proprietary right of a third party, without
obtaining the permission of the owner of such right. Any copyrighted or
other proprietary content distributed with the consent of the owner must
contain the appropriate copyright or other proprietary rights notice. The
unauthorized submission or distribution of copyrighted or other
proprietary content is illegal and could subject User to personal liability
or criminal prosecution.
- Outgoing e-mail. In the instance of Limited
Visual Services, USER is restricted to e-mailing a maximum of 1000
messages per day. Where USER exceeds their daily limit, outgoing USER
e-mail will be suspended indefinitely.
4.
Amendments. User agrees to be bound by any amendments to this Agreement that
are set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net
5. No
Representations or Warranties. The Service is offered on an "as
is" basis without any representations or warranties of any kind either
expressed or implied. For greater certainty and without limitation to the
generality of the foregoing:
- Limited Visual Services makes no
representations, warranties or guarantees of any kind whether written or
verbal regarding the reliability of the Site provided or any other
services offered;
- Limited Visual Services is not responsible for
any deletion, alteration, or loss of data due to network or system
outages, file corruption, accidental deletion, or any other reasons;
Limited Visual Services makes no representations, warranties or guarantees
with regards to server reliability, speed or consistency;
- Limited Visual Services makes no
representations, warranties or guarantees as to the accurateness or
correctness of any content on any of the Sites and is not responsible for
any errors or omissions arising from the use of such information;
- Limited Visual Services may link to or include
on its Web resources, information provided by third party partners and
providers. Limited Visual Services does not guarantee or warrant the
reliability of this information nor does Limited Visual Services recommend
any of these services;
- User expressly agrees that use of the E-mail
service is at their sole risk. The E-mail services are provided on an
"as is" and "as available" basis. Limited Visual
Services may change the features or functionality of the E-mail services
at any time, in our sole discretion. Limited Visual Services expressly
disclaim all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement;
- Limited Visual Services makes no warranty the
E-mail services will meet User's requirements, or that the E-mail services
will be uninterrupted, timely, secure, or error free; nor does Limited
Visual Services make any warranty as to the results that may be obtained
through the E-mail service or that defects in the software will be
corrected;
- User understands and agrees any material and/or
data downloaded or otherwise obtained through the use of the E-mail
service is done at their own discretion and risk and User will be solely
responsible for any damage to their computer systems or loss of data that
results from the download of such material and/or data;
- Limited Visual Services makes no warranty
regarding any goods or services purchased or obtained through the E-mail
service or any transactions entered into through the E-mail service; and
- No advice or information, whether oral or
written, which User obtains from Limited Visual Services or through the
E-mail services shall create any warranty not expressly made herein.
6. Limitation
of Liability. Limited Visual Services is not responsible for any failures,
delays, or interruptions in the delivery of any content or services contained on
the Limited Visual Services server; or losses or damages arising from the use
of the content or services provided by Limited Visual Services. For greater
certainty and without limitation to the generality of the foregoing:
- Limited Visual Services liability to User for
actual damages for any cause whatsoever, regardless of the form of action
will be limited to a maximum of the fees paid by User to Limited Visual
Services, if any, for the prior term of contract, whether a monthly,
quarterly semi annual or annually payment the customer currently pays;
- in no event will Limited Visual Services be
liable to User for any indirect, incidental, or consequential damages
arising out of the Service or in connection with the Site or any other
services or products provided to User;
- Limited Visual Services, its officers,
directors, owners, agents and employees, shall in no way be liable to User
or anyone else for any loss or injury resulting from use of the Service or
the Site;
- in no event shall Limited Visual Services be
liable for any damages, whatsoever, as a result of the notifying of any
official of potentially illegal content on the Site, providing copies of
User's said Site to the appropriate officials or cooperating with law
enforcement efforts to locate persons who have posted content that is
illegal or promotes illegal conduct;
- In no event shall Limited Visual Services be
liable for any damages, whatsoever, as a result of the termination of this
Agreement pursuant to Article 8.
7. Indemnity.
User agrees to indemnify and hold Limited Visual Services harmless from and
against, and to reimburse Limited Visual Services with respect to, any and all
losses, damages, liabilities, claims, judgments, settlements, fines, costs and
expenses (including reasonable related expenses, legal fees and costs of
investigation) or every nature whatsoever incurred by Limited Visual Services
by reason of or arising out of or in connection with (i)
any breach of this Agreement by User; (ii) any infringement of any copyright,
trade-mark, patent, trade secret or any other intellectual propriety right of
any party by content on the Site; or (iv) illegal, libelous, or defamatory
content on the Site.
8. Termination.
- Either Limited Visual Services or User may
terminate this Agreement at any time upon providing five business days
prior notice to the other party.
- Limited Visual Services may terminate this
Agreement, discontinue the Service and delete the Site at any time without
notice to User in any of the following circumstances:
- User violates any term of this
Agreement, any municipal, provincial or federal laws or regulations, or
any policy or guideline set out, from time to time, by Limited Visual
Services anywhere on the site
www.lvs.net;
- User engages in conduct or
posts material on the Site that Limited Visual Services in its sole
discretion believes is harmful to other Users, the business of Limited
Visual Services or any third-party;
- User engages in any activity
that could overwhelm the server with heavy CPU usage or that requires a
disproportionate amount of the resources of the Limited Visual Services
server;
- User disputes the terms of
this Agreement or any amendment set out, from time to time, by Limited
Visual Services anywhere on the site
www.lvs.net
- Limited Visual Services
receives any complaints regarding User or the Site from any other Users
or third parties.
- In the instance of Limited Visual Services
premium services, the following conditions apply where this Agreement is
terminated by User:
- All premium service packages
are subject to an unconditional 30 (thirty) day money-back guarantee. Any
premium service package cancelled within 30 (thirty) days of activation
will be refunded in full less a $10 USD (ten U.S. dollars) set-up fee,
domain registration fees and any additional shipping and handling
charges;
- The refund policy described in
sub-paragraph c.i. does not apply to any
additional services including but not limited to domain name
registration, domain name pointing, additional e-mail accounts,
additional disk storage space or additional data transfer;
- In the instance of the any
hosting plan where User receives domain name registration as part of
hosting plan, a $25 USD (twenty-five U.S. dollar) registration fee will
be held upon cancellation of plan. User will maintain ownership of said
domain name and may transfer name to a third party;
- All requests for cancellation
must be sent in writing by facsimile or post to the head office of
Limited Visual Services. Receipt of such request will be confirmed by
Limited Visual Services;
- Cancellation requests made by
telephone or e-mail will not be accepted by Limited Visual Services; and
- Any account cancelled or
deactivated for violation of any term of this Agreement is not eligible
for refund as described in paragraph 9c.
- Following termination of this Agreement, for any
reason, User agrees not to use the Service or the Site in any manner or
for any reason.
9. Assignability. This Agreement is assignable
to a third party by Limited Visual Services, with notice to User. Such notice
shall be made known on the Web site
www.lvs.net.
10. General.
- Consent to Breach Not Waiver. No term or
provision of this Agreement is deemed waived and no breach excused, unless
the waiver or consent is in writing and signed by the party claiming to
have waived or consented. Any consent by any party to, or waiver of, a
breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other
different or subsequent breach.
- Governing Law. This Agreement is governed by and
construed in accordance with the applicable laws of the State of
Illinois and the federal laws of the United States of America and is treated in all respects
as an Illinois contract.
- Severability. If any provision of this Agreement
is held to be invalid, illegal or unenforceable, all other provisions will
nevertheless continue in full force and effect.
- Entire Agreement. This Agreement, together with
all policies, guidelines and amendments set out, from time to time, by
Limited Visual Services anywhere on the site www.lvs.net,
constitutes the entire agreement between the parties with respect to the
subject matter of the Agreement and supersedes all previous negotiations,
proposals, commitments, writings and understandings of any nature
whatsoever, whether oral or written.
- Survival. Any terms and conditions of this
Agreement, which by their nature extend beyond the term or expiry of this
Agreement shall survive the termination or expiry of this Agreement. This
includes, without limitation, Article 5 (No Representations or
Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity),
Article 9 (Assignability) and this Article 10
(General).
- Headings. The headings and captions used in this
Agreement are inserted only as a matter of convenience and for reference
and in no way are to be construed as defining, limiting, or describing the
scope or intent of this Agreement.
- Remedies Cumulative. Unless otherwise set out in
this Agreement the rights and remedies granted to each party under this
Agreement are cumulative and are in addition to each party's rights
provided by law or otherwise. Each party may exercise its rights
concurrently or separately. The exercise of one remedy is not deemed an
exclusive election of that remedy, nor does it preclude the exercise of
any other remedy.
- Counterparts or Electronic Acceptance. This
Agreement may be executed in counterparts, each of which is deemed to be
an original and all of which together are deemed to be one and the same
instrument, or may be executed by indicating assent through electronic
means.
11. Payment
Policies. In the instance of the all plans offered by Limited
Visual Services, the following provisions apply:
- Payment. Payment must me made
in full for the entire term selected prior to account activation, or by
such agreement with the billing department of Limited Visual Services.
-
Payments falling in arrears
can be cause for termination of services.
-
If services are terminated, a
cdrom copy may be available of your web data at a cost equivalent to full
payment of any payments that are in arrears, no additional cost would be
required. You would have thirty days to request this service, payment would be
required prior to any data being submitted to user.
- Billing Cycle. All Limited Visual
Services hosting accounts are setup on anniversary billing cycles. User’s
billing cycle corresponds to contract length initially chosen during
setup. User’s account will automatically renew at this length. On request
billing cycles can be on a monthly or semi annual basis by such agreement
with the billing department of Limited Visual Services.
- Dormant Accounts. User accounts
that remain unpaid after expiry date will be considered dormant and
hosting service will be suspended until payment has been made.
- Automated Billing. User’s
credit card will be billed 5 days prior to expiry date. If credit card
fails, e-mail notification will be sent to user and account will be
switched to manual billing. User will then be responsible for submitting
payment manually. If payment is not submitted by date of expiry, account
will fall into dormant status.
12. Right
to Refuse Service. Limited Visual Services reserves the right to refuse
services to any User in the event that User does not abide by the provisions
set out in this Agreement. If Limited Visual Services deems the User to be a
hindrance on business, the User will be "blacklisted" and Limited
Visual Services will not in the future, provide any services to User. In any
such event, Limited Visual Services will give User 15 (fifteen) Calendar days
notice to find another provider for their web hosting needs.