Clients will be held responsible for any and all actions performed by their account whether
done by the account holder or by others! If server security is compromised, the account
holder is responsible for all violations of these Terms of Service (so called herein) and
LOWHOSTINGRATES.COM Acceptable Use Policy (“AUP”), including abuse related issues, and all
disconnect and reconnect fees associated with violations.
LOWHOSTINGRATES.COM does not
harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and
LOWHOSTINGRATES.COM. These Terms of Service govern your use of the services provided by
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that
you agree to transact with us electronically, that you consent to the information practices disclosed in
our AUP.. Please note that we offer the Services "AS IS" and without
warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these
Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a
material impact on your use of the Services, we will let you know by sending you an email if we have a
current email address for you, and by noting on our website that these Terms of Service has been
updated. If you disagree with the changes to these Terms of Service, discontinue your use of the
Services. Your ongoing use of any Services after the changes take effect signifies your agreement to
the new terms. We encourage you to review these Terms of Service regularly.
LOWHOSTINGRATES.COM agrees to furnish services, which are paid for in advance by the client, to the
client, subject to complete compliance with the AUP and these Terms of Service.
reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any
existing client, at the sole discretion of
Changes to Terms of Service and AUP
LOWHOSTINGRATES.COM Terms of Service and AUP are both subject to change at any time and without
notice at the sole discretion of LOWHOSTINGRATES.COM. A change in policy shall not be grounds for early
contract termination or non-payment. Client recognizes that the nature of the service supplied and the
initial rates and charges have been communicated to the client. The client is aware that from time to
time rates may change based on availability of hardware, overall market conditions or other factors.
Clients will be notified of any increases in rates or charges prior to the billing renewal date on which
such increases will take effect.
Services interrupted for non-payment or for any other
reason to have their service interrupted may be subject up
to a $50.00 reactivation fee. Data stored on a
client’s services will not be available to the client until reconnection is established or alternative
arrangements are made to the sole satisfaction of
LOWHOSTINGRATES.COM. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from
LOWHOSTINGRATES.COM is not responsible for data integrity, regardless of
Lowhostingrates.com provides the tools needed to create back
ups of account data. It is the responsibility of the
customer to keep up-to-date archives of their backed up
data. Lowhostingrates.com currently backs up 1 time a week
BUT is not responsible for any lost data or corrupt backups
and is completely done as a free service but is not in anyway a
guarantee of data saved. We will attempt to help restore an
accounts data incase of loss but if backup is corrupt Lowhostingrates.com
will not be liable. Note: accounts over 1GB in size MAY NOT be backed up.
LOWHOSTINGRATES.COM strongly recommends keeping up to date and off network backups to
protect against data loss. Another words no keeping
backups for longer then a 5 days on the server. Any longer
will be considered storage and will be removed by
lowhostingrates.com and will not be responsible when removed
with or without notice..
We do offer money back guarantee of 7 days of NEW
service on our shared, reseller
plans. Any and all charge disputes must
be reported directly to LOWHOSTINGRATES.COM within seven (7) days of the date which the charge
originally occurred. If a charge which is deemed valid by
LOWHOSTINGRATES.COM, and validated by our
Terms of Service or AUP. Sorry NO refunds on any VPS
LOWHOSTINGRATES TOS/ACCEPTABLE USE POLICY
Could result in suspended or termination on the spot
no questions asked.
Examples of what LOWHOSTINGRATES considers non-acceptable content and/or links to such.
Bulk Email /Spam related products
Warez/Cracked products forum/blog
Hacking/cracking related websites
Warez and/or copyrighted MP3s
NULLED Scripts (Software) OF ANY KIND
No Adult (porn) sites of any kind allowed on our servers.
Illegal material or material that is against public policy
Free Hosting of any kind (space/access etc.)
No one price for lifetime Hosting
(We feel lifetime is a scam. Is it your life
time or the companies lifetime or the OVER SOLD Servers life
Resellers can ONLY offer yearly pricing if paid up for the
REAL Domain names ONLY. (Names must be registered Domains
and point to our DNS)
NO "Index_of" sites. All sites must either have a under
construction page or some kind
of content. (index_of sites or just door ways for hackers so
they are not allowed)
NO BLANK PAGES all sites but have some kind of content on
Servers that use flash games on site and such.
Public Download Sites of any kind (music, computer applications, games, mobile apps)
User Forums containing links to material that violates our TOS
Content or links to sites that are detrimental to public policy, health and welfare
No rapidshare related scripts
User may not:
Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
NO Audio/video Streaming
Abusing our staffs of any kind.
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 on shared servers.
Run any software that interfaces with an IRC network.
Run any bit torrent application, tracker, client or link to torrents off server.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers etc
Run cron entries with intervals of less than 30 minutes
Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.
VIOLATIONS OF LOWHOSTINGRATES.COM ACCEPTABLE USE POLICY
In the event a service is suspended, it will be subject to termination seven (7) days from the time of
suspension. LOWHOSTINGRATES.COM assumes no liability for the integrity of the data stored on a suspended
LOWHOSTINGRATES.COM requires a five (5) day notice of cancellation prior to the billing renewal date for
the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming
billing date is also required for any downgrades. All client data will be destroyed immediately after the
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to
immediate suspension or termination at the sole discretion of
LOWHOSTINGRATES.COM. All information
available to LOWHOSTINGRATES.COM about the fraudulent account/service shall be submitted to both local
authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all
fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States,
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR
SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO
THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT
THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE,
ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES
OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A
LOWHOSTINGRATES.COM, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer
rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE
CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’
AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE
OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE
PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO
ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY,
AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors,
agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including
attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume
control of the defense of any third party claim that is subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
LOWHOSTINGRATES.COM provides hardware support related to each direct client’s service functioning.
LOWHOSTINGRATES.COM does not offer software support of any kind.
LOWHOSTINGRATES.COM does not provide
software support/troubleshooting for the software items chosen from the order form.
LOWHOSTINGRATES.COM only ensures the correct default installation of any software item chosen from the order form,
and in no way assumes liability for the configuration of any of the installed software.
LOWHOSTINGRATES.COM is not responsible for any downtime associated with the incorrect configuration of operating
any software, wether installed by LOWHOSTINGRATES.COM or the client.
LOWHOSTINGRATES.COM may provide enhanced software support
(including kernel configuration) for an additional fee.
Please contact sales or support for enhanced support
pricing. LOWHOSTINGRATES.COM does not provide any type of support to the clients of our clients (third
party clients). LOWHOSTINGRATES.COM will only provide support directly to clients of
Spam/Bulk Email Policy
LOWHOSTINGRATES.COM does not allow bulk mailing of any kind from its network, including but
not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of
these Terms of Service. If LOWHOSTINGRATES.COM receives a spam complaint or otherwise becomes aware
of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP),
create a comprehensive list of the spam complaints associated with the server in question, and issue an
Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a
spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning
to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per
complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services
to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per
complaint received with a maximum of $250.
LOWHOSTINGRATES.COM reserves the right to refuse Services
to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP
address has been black-listed as a result of a spam complaint,
LOWHOSTINGRATES.COM will issue a fine of
$200 and reserves the right to immediately terminate the service, at the sole discretion of
- On the second instance of server compromise
LOWHOSTINGRATES.COM reserves the right to terminate
the client’s services.
If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such
complaints, the client must provide LOWHOSTINGRATES.COM with full logs as well as any additional
information requested by LOWHOSTINGRATES.COM within 48 hours of the initial Abuse Notification. Failure
by a client to dispute, or to provide any required information within such 48 hour time period, will be
deemed acceptance of the notification and all assessed fines associated with it.
Abuse of Unlimited Traffic and
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous
billing cycle. LOWHOSTINGRATES.COM reserves the right to suspend any
account which does not pay bandwidth overage charges promptly.
LOWHOSTINGRATES.COM is not
responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes
liability for all bandwidth to and from their services.
Storage (Disk Space)
Lowhostingrates.com concept behind "unlimited traffic" and
"unlimited storage" is to provide our
customers with an unlimited amount of storage space and
bandwidth for active web pages and cannot
be used as a "storage space" for electronic files. Sites
that fall under "electronic storage" are LARGE
archives of images, compressed files, backups, movies, or
sound files. Lowhostingrates.com allows
up to 25 megs of archive storage, ex. movies, sound files
(including real audio files), images, compressed files, Real
Audio or Video archives, etc. To ensure proper use, all HTML
pages MUST be hyper-linked to files
(.HTML, .JPG, .GIF, etc.) stored on Lowhostingrates.com
Note: CGI chat scripts are also not
allowed and are considered and abuse of unlimited bandwidth.
Any cgi scripts that consume large amounts of CPU usage or
memory are also not allowed. The user will be asked to
remove any script that abuses system resources.
Any attempts to undermine or
cause harm to a server is strictly prohibited and subject to
termination on the spot
with no warnings.
Clients consent to LOWHOSTINGRATES.COM public disclosure that they are providing services to the client,
which may include using the clients name in promotional materials.
LOWHOSTINGRATES.COM reserves the
right to use client quotes for promotional uses.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of
Service and your consent to enter into agreements with us electronically. You also agree that we may
send to you in electronic form any privacy or other notices, disclosures, reports, documents,
communications or other records regarding the Services (collectively, “Notices”). We can send you
electronic Notices to the e-mail address that you provided to us during registration. The delivery of any
Notice from us is effective when sent by us, regardless of whether you read the Notice when you
receive it or whether you actually receive the delivery. You can withdraw your consent to receive
Notices electronically by canceling or discontinuing your use of the applicable Services. In order to
receive Notices electronically, you must have a personal computer with a modem connected to a
communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-
based operating system with an Internet browser. You will need a printer attached to your personal
computer to print any Notices. You can retrieve an electronic copy and a printable version of this
contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All
contracts completed electronically will be deemed for all legal purposes to be in writing and legally
enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website
constitute the entire agreement between you and us and supersede all previous or contemporaneous
written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full force and effect.