Lighthouse Technologies agrees to furnish services to the Client, subject to the following User Agreement.
1. Definitions
a. Lighthouse Technologies
Any reference to Lighthouse Technologies is deemed to include, its directors, employees, and organizations that supply services to Lighthouse Technologies. Lighthouse Technologies is registered with the U.S. Government.
b. Client
The person or persons, organization, company, partnership and or group of individuals that are a party to using the services offered by Lighthouse Technologies. This also includes the Client’s directors, servants, agents or employees
c. Services
The services plan offered by Lighthouse Technologies on the Lighthouse Technologies Web Site or via a quote presented by a Lighthouse Technologies authorized representative.
d. Notice
The Client is deemed to have been “given
notice” under this agreement when an email is sent to the primary email
address maintained by the client. The Client is also requested to
maintain a secondary email account independent of our current service.
e. Agreement
Any reference to “Agreement” is deemed to
include this entire User Agreement and the written quote offered by the
Lighthouse Technologies website and/or a quote presented by an
authorized representative of Lighthouse Technologies. The Client
acknowledges and agrees that this Agreement is the entire Agreement
between the parties and excludes all oral or implied representations and
terms unless such terms are agreed between the parties in writing.
f. Currency
All reference to fees and charges in this
agreement with the exception to the quoted service fees or where
specifically stated, are expressed in U.S. Dollars. Clients will be
invoiced if the equivalent amount in the currency quoted in the service
fees. Lighthouse Technologies will refer to a credible financial
Institution to determine the exchange rate.
2 Acceptance of this Agreement
The use of Lighthouse Technologies’ services is deemed
to constitute acceptance of this Agreement. The person or persons that
initiate the acceptance of this agreement asserts that he or she does
have the authority within the Clients organization to accept such an
agreement on the clients behalf.
3. Variations to this Agreement
Lighthouse Technologies reserves the right to
unilaterally vary the terms, fees and conditions contained in this
Agreement at any time without prior notification to the client of it’s
intention to do so. However, upon any variation the Client will be
notified by Lighthouse Technologies, detailing the variations made and
the client will be deemed to have accepted the variation unless notice
of termination is received by Lighthouse Technologies within 7 days of
the notice of variation.
4. Period of the Agreement
This Agreement remains active for the time specified
by the client when applying for Lighthouse Technologies’ services. The
Agreement is automatically renewed upon expiry of each term of the
agreement, unless terminated in accordance with this agreement.
5. Termination of the Agreement
Unless otherwise stated this Agreement may be
terminated at anytime upon giving thirty (30) days notice in writing by,
Post, Fax or via a web page specifically designed for the purpose on the
Lighthouse Technologies Web Site. Upon termination or suspension of this
agreement by Lighthouse Technologies, the Client will be notified by
email.
6. Governing Law
This Agreement shall be subject to the applicable
local, state and federal laws relevant to the State of Missouri, USA.
From time to time laws affecting services provided to Lighthouse
Technologies from other parts of world may also have an impact on this
agreement. Lighthouse Technologies reserves the right to terminate this
agreement without prior notice if Lighthouse Technologies considers that
any of these laws may have been broken.
7. Privacy
The Client understands that the Clients account
information may be held on servers located anywhere in the World.
Lighthouse Technologies will make every reasonable effort that
Lighthouse Technologies deems necessary to secure personal information.
The Client may at anytime request a free copy of all information held by
Lighthouse Technologies on the Client. Lighthouse Technologies will not
make your account information available to any other organization,
except those required to provide services to the Client and requests
from law enforcement authorities.
8. Limitation / Disclaimer of Liability.
Lighthouse Technologies does not represent or warrant
to the Client that the Client will receive continual and uninterrupted
services. In no event shall Lighthouse Technologies be liable to the
Client for any damages resulting from or related to any failure or delay
of Lighthouse Technologies ability to provide services under this
Agreement, if such delays or failures are due to causes beyond
Lighthouse Technologies’ control, such a failure or delay shall not
constitute a default under this Agreement.
Neither Lighthouse Technologies, its directors,
servants, agents or employees shall be in any way liable for any loss or
damage of any nature whatsoever suffered, whether arising directly or
indirectly, by the Client or any person related to or dealing with the
Client out of, in connection with or reasonably incidental to the
provision of the services by Lighthouse Technologies to the Client. The
Client further acknowledges that Lighthouse Technologies’ liability for
its own negligence may not in any event exceed an amount equivalent to
charges payable by Client for services during the period damages
occurred. In no event shall Lighthouse Technologies be liable for any
special or consequential damages, loss or injury.
9. Variation of Service Plans
The Client acknowledges that the specified rates and
charges may change from time to time. These changes will take effect
upon the next automatic renewal of this agreement
10. Payments
Upon receipt of payment Lighthouse Technologies will
create the Clients Account. Subsequent payments for the following
periods of the agreement are due on the date of renewal of this
agreement. Accounts not paid by due date are subject to a $20 late fee.
Accounts outstanding for more than 21 days will be suspended and an
additional $20 reconnection fee will apply. Accounts outstanding for
more than sixty (60) days will be transferred to a collection agency at
the client’s expense.
11. Legal expenses
If a legal proceeding is commenced to enforce or
obtain a declaration of rights under this Agreement, Lighthouse
Technologies will be entitled to recover its reasonable attorneys’ fees
and costs incurred in the proceeding from the Client, as well as any
reasonable solicitors’ fees and costs that Lighthouse Technologies
incurred prior to commencing the proceeding.
12. Refund and Disputes
Lighthouse Technologies will provide a refund for
services paid for and not made available to the Client as per this
Agreement. Lighthouse Technologies will determine the amount of refund.
All billing disputes must be reported within 60 days of the time the
incident occurred.
13. Technical Support
Lighthouse Technologies will provide e-mail, IM and
phone support to our Clients for server related inquiries.
Questions and problems can also be posted on our forum at
http://techlh.com/forum
14. SPAM and Unsolicited Commercial Email (UCE)
Lighthouse Technologies reserves the right to suspend
or terminated this agreement without prior notice if the account is
deemed by Lighthouse Technologies to be involved in or associated with
the sending of SPAM or Unsolicited Commercial Email.
15 IP Address Ownership
All IP Addresses issued by Lighthouse Technologies
will always remain the property of Lighthouse Technologies. The Client
accepts that these IP addresses may be changed or withdrawn at anytime.
16 Resource Usage
The Client acknowledges that Lighthouse Technologies
offers services on shared resources and if Lighthouse Technologies deems
that a script installed by the Client on the Server places an undue
burden on resources that affect the performance of other Clients,
Lighthouse Technologies reserves the right to suspend or terminate that
account.
17. System and Network Security
Clients are prohibited from violating or attempting to
violate the security of the Lighthouse Technologies Network. Lighthouse
Technologies reserves the right to suspend or terminate any accounts
that it deems may have been involved in or associated with violations of
system or network security.
These violations include, without limitation:
bullet Accessing data not intended for such Client or
logging into a server or account, which such Client is not authorized
to access.
bullet Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization
bullet Attempting to interfere with service to any Client,
host or network, including, without limitation, via means of
overloading, “flooding”, “mail bombing” or “crashing”.
bullet Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting
bullet Taking any action in order to obtain services to
which such Client is not entitled
bullet Denial of Service Attack
bullet Any activity deemed by Lighthouse Technologies to
have been designed for harassing or harming others.
18. Acceptable Content
The Client shall not knowingly or unknowingly allow
the publication of the following types of material through Lighthouse
Technologies service;
bullet Any material which violates or infringes any
copyright, trademark, trade secret, patent, statutory, common law or
other proprietary rights of others
bullet Any material that is libelous or slanderous
bullet Any material which is or contains anything obscene
or pornographic, including Child Pornography / Violence
bullet Fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial scam such as “pyramid
schemes”, “ponzi schemes,” and “chain letters”.
bullet Information on how to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Lighthouse Technologies or another
entity’s computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly prohibited.
This includes Hacking, hackz, crackz, passwordz sites
Lighthouse Technologies reserves the right to suspend
or terminate the account found to contain this type of material
19 Suspension of Servers or Termination
Lighthouse Technologies reserves the right to suspend
network access to any Client if in the judgment of the Lighthouse
Technologies the Client’s server is the source or target of the
violation of any of the terms of this Agreement or for any other reason
which Lighthouse Technologies chooses
20 Third Party Activity
Clients will be held responsible and accountable for
any activity by third parties, using their account that violates this
Agreement
21 Waiver of Agreement conditions
If Lighthouse Technologies on an occasion waivers of
any section of this Agreement for the Client, despite how many times it
may occur, It shall be considered a once only event, and that section
shall be remain active for the remaining period of the agreement
22. Transfer
The Client shall not transfer or assign this Agreement
without the prior written consent of Lighthouse Technologies. Lighthouse
Technologies may assign this Agreement at anytime without consent from
or notice to the Client. Lighthouse Technologies reserves the right to
cancel customer’s rights under this contract at anytime without further
obligation.
23. Severability
Should any part of this Agreement be or become
invalid, that part shall be severed from this Agreement and such
invalidity shall not affect the validity of the remaining provisions of
the Agreement.
24. Survival of Certain Provisions
Each indemnity under this Agreement is a continuing
indemnity and shall constitute a separate and independent obligation of
the party giving the indemnity from its other obligations under this
Agreement and unless a contrary intention is indicated shall survive the
termination or completion of this Agreement.