LAZYLIZARD INTERNET, INC.
POLICIES AND SERVICE GUIDELINES
LazyLizard Internet, Inc. ("LazyLizard") arranges for and provides web hosting services for its clients and the following policies are designed to maintain the guidelines established by ourselves as well as our underlying service providers.
Monthly Payments: All web hosting and setup fees as well as any other charges related to your account will be billed to your credit card. However, you may elect to pay by check. If you pay by check we will invoice you each month by email. Please note we do not mail or fax invoices. All charges will be made to your credit card between the 1st and the 5th of each month. All accounts incur the full monthly charge on the first day of each month for any days that your account is active during any month.
Payment Terms: All web hosting and any setup fees as well as any other charges will be billed to your credit card. The full-month's hosting fee is due on the first day of each month. There is a $5 late payment fee for each 30-day period that your payment is late.
Web Site Content Provisions: All services provided by LazyLizard may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. This also includes selling or promoting the use of bulk e-mail and/or bulk e-mail software. The subscriber agrees to indemnify and hold harmless LazyLizard from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related content are prohibited on any LazyLizard server. This includes sites that may infer sexual content or link to adult content elsewhere. LazyLizard will be the sole arbiter as to what constitutes a violation of this provision. LazyLizard also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory.
Traffic/Transfer Stipulations: "Traffic/Transfer" is considered any transfer of information in the form of text or graphics, directly readable by a web browser. Our intention is to provide a large storage space to serve web documents, not an off-site storage area for electronic files. All non-HTML files (.GIF, .JPEG, etc.), must be linked to HTML/php/asp files that are stored on LazyLizard's servers. Web sites that are found to contain either non-HTML documents or a large number of unlinked files are subject to warning, suspension or cancellation at our sole discretion.
Customers are not allowed to have archives of files which have to be downloaded in order to be viewed or utilized, i.e. software or image or multi-media (audio/video) files that aren't directly accessible through your web site. All files must be directly accessible and usable/viewable through your web site.
Scripts: LazyLizard allows you to run your own cgi, php, and other scripts. We monitor such scripts for resource usage. If a script you are running uses too many CPU, memory or other server resources it may be disabled with or without notice in order to protect the integrity of server performance. Disabling of scripts will only be done if necessary to protect server performance. While we want to give you as much freedom as possible to run any scripts you want, our primary consideration is to ensure the fastest server performance possible. It is up to our sole discretion as to what constitutes the basis for disabling a script. We have high-resource usage servers available for accounts that may need to run such scripts, at an additional charge. Please contact sales for details on these high-usage accounts.
Background-running Programs: We may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed. We will, of course, notify you in advance of assessing any charges for this.
Commercial and Non-Commercial Advertising via Unsolicited E-mail: Our servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited emails, spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. You may not send unsolicited e-mail that reference sites on other servers which in turn contain links to a domain on our servers. This is strictly prohibited. We consider spam any unsolicited message promoting a product or service, either for-profit or not-for-profit in the media of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain. We also prohibit any content residing on our servers that promotes the use of spam, bulk e-mail or unsolicited e-mail. In addition, we will impose a penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
There will be a $100 fine to you for each violation of this policy.
Server Abuse Issues: Any attempts to undermine or cause harm to LazyLizard's servers or a customer of LazyLizard is strictly prohibited. We take this very seriously and will not hesitate to press criminal charges if the situation warrants.
Any sub-networks or reseller networks of LazyLizard must adhere to all of these policies.
LazyLizard reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 10 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.
Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of policy violations or account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice.
If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be returned to the customer. Fees for the entire month are due if the account is active one day during that month.
If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancellation by e-mail.
Backups: We perform daily system backups on all shared servers. However, there is always the possibility that our backups may fail and we strongly recommend that you do not rely solely on our backups. It is essential that you always have a current copy of your web site and any associated databases and scripts on your own computer. Dedicated server clients are responsible for their own backups. Contact Sales if you would like us to setup a backup drive on your server.
Cancellation: When you cancel your account you must provide a 'Notice of Cancellation'. All Notices of Cancellation must be submitted through our client Support Desk system at http://LazyLizard.net/portal.php. If you move your domain to another host, this does not serve as Notice of Cancellation. When you notify us that you are cancelling your account, you will owe for the full month of service in the month that you cancel. Transferring your domain to a new host does not constitute Notice of Cancellation. All cancellation requests are effective immediately, unless otherwise specified by the client. Your web site may be deleted at any time after we receive your Notice of Cancellation. If you do not wish to be billed the month after you cancel you must submit your cancellation to us 48 hours before midnight of the first day of the next month (New York time). In other words, if you are cancelling in April and do not wish to be billed in May, then your cancellation must be sent by midnight April 28th, New York time.
Disputed Charges: If you believe any charges we have placed on your credit card are in error, you must notify us within Seventy-Five (75) days of the date of the original charge. We will not refund charges that are disputed after 75 days from the date of the charge.
Limitation of Liability: WE AND OUR SUPPLIERS PROVIDE OUR SERVICES AND YOUR ACCOUNT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR LAZYLIZARD ACCOUNT OR THESE TERMS OF SERVICE. We do not guarantee continuous, uninterrupted or secure service, and we are not liable if you are unable to access your website or our services.
These Terms of Service shall be governed in all respects by the laws of the State of New Jersey, where LazyLizard is incorporated, as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. Both parties agree to submit to jurisdiction in New Jersey and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Hudson County, New Jersey. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Terms of Service set forth the entire understanding and agreement
between us with respect to the subject matter hereof.