This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") constitutes a legal agreement between you and Light Speed Consulting Corporation ( "We", "Us", or "ThreeForOne Hosting") a provider of retail web hosting, e-mail, electronic commerce, and domain name services ("Services").
Terms of Service
ThreeForOne Hosting, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter "Services").
You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
This Agreement represents the entire agreement between you and ThreeForOne Hosting, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by ThreeForOne Hosting or written agreement by an authorized officer of ThreeForOne Hosting(provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
Any of the terms, prices or services offered can be amended, modified or updated by ThreeForOne Hosting at any time.
Customer is responsible for uploading Web site files and/or providing and setting up any Web site content. ThreeForOne Hosting is not responsible for modifying, correcting or updating Web site material.
Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
Customer is responsible for maintaining the confidentiality of login and billing information. ThreeForOne Hosting is not liable for any account disputes that may arise between various parties holding account login information. ThreeForOne Hosting is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
Customer is responsible for updating and maintaining contact and billing information with ThreeForOne Hosting. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that ThreeForOne Hosting is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by ThreeForOne Hosting to maintain the account.
Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s). ThreeForOne Hosting will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but ThreeForOne Hosting does not take responsibility if e-mail notification(s) is not received by the Customer. ThreeForOne Hosting reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.
Server resources are limited in our shared hosting environment. You are responsible for ensuring your account does not consume more than 2% of server resources for a period of 30 seconds or longer, and to ensure your account does not abuse server resources at the sole discretion of ThreeForOne Hosting. Failure to do so may result in account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Inodes are limited in our shared hosting environment. Each file, directory and email uses one inode. The most common reason for excessive inode usage is if your 'catchall' email is enabled and never emptied. Additionally causes for excessive inode usage may include text-based databases or text-based forums and messaging systems. You are responsible for ensuring your account does not use more than 100,000 inodes. Additionally, no single directory may contain more than 20,000 inodes. Failure to do so may result in account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Email accounts are intended for normal use only and each individual email account is limited to 500 MB and must not exceed 10,000 emails. Our e-mail system is not intended for storage of media or other data. You are responsible for removing any files and attachments which do not meet these requirements, and for adhering to any email account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Mysql databases are limited to 1 GB each. Our mysql system is not intended for storage of media or other data. You are responsible for removing any data which does not meet these requirements, and for adhering to any mysql account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
ThreeForOne Hosting reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
Customer accepts liability resulting from any breach of our AUP.
Customer is responsible for making end-users aware of all the policies of ThreeForOne Hosting and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
Complaints Against Customer
(excluding Trademarks and Copyright complaints)
ThreeForOne Hosting does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
We take no responsibility for the content or information contained on our Customers’ Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by ThreeForOne Hosting do not necessarily reflect our views. The contents of the Web pages hosted by ThreeForOne Hosting are not monitored or reviewed in any way before they appear on the Internet.
Payment Policies – General
Accounts will not be activated or reactivated without prior payment.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by ThreeForOne Hosting in response to Customer non-payment, are not the responsibility of ThreeForOne Hosting.
Payment Policies – Payment Processing
ThreeForOne Hosting’s preferred methods of payment are credit card or PayPal.
When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
If we are required to recover files due to a cancelled account, we may bill up to $50.00 for our data recovery time and effort.
If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by ThreeForOne Hosting as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Fees paid to ThreeForOne Hosting are non-refundable, unless there is an express money-back guarantee.
Transferring a domain to a new hosting Company does not constitute cancelling an account with ThreeForOne Hosting.
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all setup fees. Requests for these refunds should be made through our Support Team.
If your account is cancelled for any other reason than a valid thirty day money-back guarantee, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation.
You have thirty (30) days to dispute any charge or payment processed by ThreeForOne Hosting. If you have a question concerning a charge you believe is incorrect, please contact us at billing@ThreeForOne Hosting.
Customer is responsible for providing the equipment and services necessary to access ThreeForOne Hosting networks, systems and servers. ThreeForOne Hosting makes no assurances that the Customer’s equipment is compatible with its services.
ThreeForOne Hosting is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by ThreeForOne Hosting or not residing on ThreeForOne Hosting’s network, systems or servers.
ThreeForOne Hosting is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.
ThreeForOne Hosting Service
All fees paid to ThreeForOne Hosting are non-refundable one-time Setup Fees. They are non refundable.
The only exception to this is if you request a valid refund during the money back guarantee period. We will refund all Setup Fees paid during the money back guarantee period.
All services provided by ThreeForOne Hosting, including but not limited to ThreeForOne Hosting, ThreeForOne Domain Registration, ThreeForOne Domain Privacy, ThreeForOne SSL Certificates, cPanel Migration and Reseller Accounts are free services. You will not be billed for these services.
Your hosting account is not transferable. Transfering your hosting account may result in your account being cancelled without refund.
ThreeForOne Hosting is not responsible for services provided by third-party providers. Specifically (but not limited to,) if third-party services including hardware, networking and domain providers cannot continue to provide us with services in a cost effective manner then we may not be able to continue providing Customer with effective hosting.
In the event that ThreeForOne Hosting cannot continue providing Customer with hosting for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services.
ThreeForOne domains are essentially "subdomains" similar to the CentralNIC domains .us.com, .us.org, .gr.com, .cn.com, .no.com and .ru.com. ThreeForOne domains are provided as per our current terms of service with the associated registrars (.business, .education, .financial, .network, .technology, .place and .events) and are subject to changes in those terms of service. There is a possiblity that we may not be able to provide certain or all ThreeForOne domains forever.
In the event that ThreeForOne Hosting cannot continue providing Customer with ThreeForOne domain registration for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services.
In the event that ThreeForOne Hosting cannot continue providing Customer with any other services for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services.
If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.
Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.
Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
Customer is responsible for the security of Customers’ credit cards.
ThreeForOne Hosting is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers.
Web Site Accessibility
We will use all efforts to ensure that Customers’ Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by ThreeForOne Hosting.
However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
Pursuant to ThreeForOne Hosting’s Privacy Statement, ThreeForOne Hosting may disclose to third parties certain aggregate information contained in your signup or related data. However, ThreeForOne Hosting will NOT disclose personally identifying information to third parties unless such disclosure is:
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise ThreeForOne Hosting’s legal rights or defense against legal claims; or
Backup / Restore
ThreeForOne Hosting does not maintain backup copies of Customer Web sites or e-mail.
ThreeForOne Hosting cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available.
We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.
Acceptance of Commercial Relationship and E-mail Communications
By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Domain Name Registrations
Domains Registrations provided by ThreeForOne Hosting for .co.business, .co.education, .co.financial, .co.network, .co.technology, .co.place or .co.events domains are special "subdomains" are may have limitation compared to non-subdomain domains.
Upon a Customer’s request, and subject to these terms and conditions, ThreeForOne Hosting will attempt to register a domain name on behalf of the Customer with any domain name registrar that ThreeForOne Hosting, in its sole discretion, elects to employ for such registration (the "Chosen Registrar"). ThreeForOne Hosting reserves the right to refuse any request for registration of a domain name.
The registration of any domain name by ThreeForOne Hosting on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer’s continued compliance with any and all ThreeForOne Hosting Terms of Service and the AUP.
The Customer has no ownership rights over any domain name registered through ThreeForOne Hosting. ThreeForOne Hosting will allow the customer to use any domain name registered provided their account is in good standing and in agreement with these Terms of Service. In the event of fraud or failure to pay fees, ThreeForOne Hosting will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, ThreeForOne Hosting will take ownership of the domain name(s) registered.
ThreeForOne Hosting is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with ThreeForOne Hosting does not automatically update it with the Chosen Registrar.
ThreeForOne Hosting is not responsible for any domain name’s availability. The Customer waives any and all claims against ThreeForOne Hosting for, and hereby releases ThreeForOne Hosting from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
The Customer acknowledges and understands that any and all domain name registrations are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, ThreeForOne Hosting will provide the Customer with the name of the Chosen Registrar.
The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against ThreeForOne Hosting for, and hereby releases ThreeForOne Hosting from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration, renewal or release of a domain name in such circumstances, regardless of if the domain name is included in the cost of hosting or renewal hosting, and regardless of if the domain purchase price or renewal price has been paid in full.
ThreeForOne Hosting is not liable for domain disputes that may arise over changed registrant information for a domain name.
ThreeForOne Hosting is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. ThreeForOne Hosting will not act as an arbitrator, but will honor any ICANN decisions.
If we receive a dispute of payment, a chargeback or a request for a refund from your credit card ThreeForOne Hosting for a domain name, ThreeForOne Hosting will take over the ownership of the domain name in question.
The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, ThreeForOne Hosting assumes responsibility only for processing such renewal request with the Chosen Registrar. ThreeForOne Hosting disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
Standard and Private-Label Reseller Programs
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to ThreeForOne Hosting Wholesale and Private-Label Resellers.
The Reseller agrees, on behalf of both the Reseller and each Customer signed up by the Reseller, to comply with these Terms of Service.
In the event that a Reseller or a Reseller’s Customer is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
ThreeForOne Hosting is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify ThreeForOne Hosting from and against any and all claims made by any Customer that result from the Reseller’s misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
ThreeForOne Hosting reserves the right to revise its Wholesale and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.
Customers who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
Resellers cannot make any modifications to the ThreeForOne Hosting Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller’s account(s). ThreeForOne Hosting is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Customers. ThreeForOne Hosting reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
Waiver of Jury Trial
Both you and ThreeForOne Hosting hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and ThreeForOne Hosting each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Limitations of Liability
ThreeForOne Hosting operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where ThreeForOne Hosting must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
ThreeForOne Hosting AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH ThreeForOne Hosting IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY ThreeForOne Hosting.
YOU AGREE THAT ALL ACCESS AND USE OF ThreeForOne Hosting AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL ThreeForOne Hosting BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ThreeForOne Hosting SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of The Province of Ontario having jurisdiction over you. The Terms and the relationship between you and ThreeForOne Hosting shall be governed by and interpreted in accordance with the laws of The Province of Ontario, Canada, without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.