LMS Servers - Web Hostings and Reseller Accounts

These are the Web hosting Terms of Service of LMS Servers, Inc.. (LMS Servers). All web hosting and clients and the clients of the resellers of LMS Servers agree to abide by these policies. LMS Servers reserves the right to change and update these policies as it sees necessary. LMS Servers, INC. follows a strict code and enforces this code to all hosting clients and resellers. Any violation of these terms will result in all services provided to the reseller to be cut off immediately

Access to the network and services of LMS Servers hosting, granted to the undersigned (the Customer) is subject to the following terms and conditions:

1. LMS Servers Liability
The LMS Servers makes no warranties of any kind, expressed or implied, for the service it is providing. LMS Servers also disclaims any warranty of merchantability or fitness for a particular purpose. LMS Servers will not be responsible for any damages the Customer may suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by the negligence of the Customer or of LMS Servers, errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer.

2. Content and Acceptable Use
LMS Servers exercises no control over, and cannot be held liable for, the content of the information passed through its network. LMS Servers services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Customer's business location is expressly prohibited. This includes, but is not limited to, material that is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless LMS Servers from any claims (including LMS Servers attorney fees) resulting from the Customer's use of service that damages the Customer, or any other party or parties. The Customer also agrees to follow the Acceptable Use Policies (AUP) of LMS Servers, as now in existence, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through LMS Servers network, to abide by the rules of that network as well.

All procedures requiring shell access will be made though FTP access. Temporary SSH access can be granted at the discretion of LMS Servers, Inc.

The following is not allowed:
Illegal Content In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Questionable Content
Hacking, Cracking, Warez and IRC is not allowed. Trail Version, Freeware and Shareware are forbidden on our servers. If software is written, owned and copyrighted by the reseller/hosting client it may be made available online. Pornographic content, adult language or any questionable material is not allowed. LMS Servers, INC. reserves the right to remove content placed by reseller if a violation of these terms takes place.

Bulk Email
All bulk email, spamming or mass mail programs are not allowed on the LMS Servers, INC. Network.

Telnet/Shell Access
All procedures requiring shell access will be made though FTP access.

3. Payment and Contingencies
Payment is due by the date indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF LMS Servers. Accounts are in default if not received by the due date indicated on the invoice. If the Customer fails to make payment by the date indicated on the invoice, or if payment is returned to LMS Servers unpaid, Customer is immediately in default and subject to a returned payment charge of $25 dollars from LMS Servers. Accounts unpaid after the due date indicated on the invoice may have their service interrupted as outlined below. Such interruptions do not relieve the Customer from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5 percent per month, or the Customer's state's or country's legal maximum allowable rate, whichever is less. If the Customer defaults, the Customer agrees to pay LMS Servers its reasonable expenses incurred in enforcing its rights under these terms and conditions, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

a. Accounts more than 15 days past due will have the reseller login/client login disabled. This will not have an effect on your clients or the functionality of any website. This will also not keep your clients from logging into their Client Control Panels. Once Payment is made, the reseller login/client login will be enabled.

b. Accounts more than 30 days past due are subject to the reseller login /client login being disabled and all sites suspended. With the sites suspended, the website will not be visible via the internet and the URL will forward to the Client Login screen. Once payment is made, the reseller login will be enabled and your websites will be taken out of the suspension state.

c. Accounts that have been in status B (above) for more than 30 days are subject to removal from the servers. LMS Servers, Inc. will not be held liable for loss of revenue, data or clients caused by the deletion from the servers.

d. Standard Hosting Accounts will follow steps A-C with the exception that when the account is 15 days past due, the sites control panel will be disabled then steps B-C will follow.

4. Other Agreements and Assignment Rights
These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. LMS Servers also reserves the right to use subcontractors of its choice or to assign the active account to another entity.

5. Determination of Outage Credits
An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:

a. Normal periodic but scheduled maintenance time performed by LMS Servers for the purposes of upgrading or maintaining its network.

b. Internet or network problems external to the LMS Servers network and beyond its direct control.

c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal LMS Servers Network Operations troubleshooting process and handled on an individual basis.

The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than thirty (30) consecutive minutes of outage, the Customer will receive a credit on the Customer's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.

6. Service Maintenance

a. Except as otherwise agreed, LMS Servers shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided the Customer expressly acknowledges that LMS Servers is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If LMS Servers investigates an outage at the Customer's request and determines the outage to be the responsibility of the Customer, the Customer may be billed for the LMS Servers employee(s)' time at LMS Servers then-current rate.
b. LMS Servers will provide a Network Operations Center (NOC) responsible for monitoring LMS Servers network on a 24-hour-per-day, 7-day-per-week basis. The services provided to the Customer by the NOC or any other LMS Servers employee are subject to change at LMS Servers discretion and without prior notice. Services provided by the NOC or any other LMS Servers employee outside of their standard duties may be billed to the Customer at LMS Servers then-current rate. No LMS Servers employee will perform services requiring billing beyond the monthly rate stipulated in the Customer's Service Agreement without the request or consent of the Customer or the Customer's authorized representative(s).
c. The Customer explicitly agrees that LMS Servers may, without prior Customer approval, use any subcontractor that LMS Servers chooses for installation, maintenance or other services under obligation to LMS Servers under this agreement. Use of any subcontractor does not relieve LMS Servers of any of its obligations as set forth in this Agreement.

7. No Liability or Right to Cancel for Acts or Omissions Beyond LMS Servers Control
LMS Servers shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over LMS Servers, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

8. Cancellation Procedures for Customers Within Right to Cancel
Customers may cancel their contract with LMS Servers only after a formal cancellation letter or email has been issued by the client at least thirty (30) days before the client wishes to cancel. LMS Servers considers all hosting clients month-to-month.

If you have any questions about what is acceptable on the LMS Servers, INC. network, please email us at support@LMS Servers.com

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