Please
read these policies as signing up means that you are subject to
them and continued service means agreement to future updates.
Disclaimer:
Lil'
House provides these services "as is" meaning available
to the best of our resources and ability. There is no warranty
or guarantee of services due to the fact that many unforeseen
events can occur. This means that by signing up, you agree that
in no way Lil' House would be liable for greater than the amount
paid for that month's service for any damage suffered through
direct, indirect, accidental, or as the consequence of using these
services.
Lil'
House is not going to be held responsible under any circumstances
for errors in information provided to us nor is Lil' House responsible
for verifying its accuracy. This also includes not being liable
for information or software that may have had possible risks disclosed
to us.
Lil'
House reserves the right to act on information provided in terms
of modifying or deleting any information or graphics, suspending
and/or terminating a site to be in compliance with internet service.
Complaints
that might warrant this are but not limited to:
(i)
being false, deceptive, unfair or inaccurate;
(ii) violating another's intellectual property right; or
(iii) containing language which defames or libels another or another's
works.
Security
The
customer is responsible for the confidentiality of passwords and
protecting files. Upon notification of a compromise, password
will be changed as well and/or site suspended until the account
is once again under the customer's control. Email is not deemed
to be secure and should not be interpreted as such because it
passes through many computer systems across the internet. No network
connected to the internet is 100 percent safe from intrusion.
Lil' House is not responsible for any usage or charge(s) that
occurs under your name or account.
Personal
Files
Customers
are responsible for their own personal backup of all files related
to their account. A termination of this agreement by either party
can result in file/account deletion so it is your best interest
to always keep a copy of your site.
Non-Transferability
of Account
Accounts
are limited to the individual/business that signed up. There should
be no more than one login at a time and this includes logging
in multiple accounts separately as well.
Network
Address Ownership
All
IP addresses and class c addresses are on loan and never are the
property of the customer. If service is discontinued, those addresses
revert back.
Compliance
with all Laws
The
service is granted under the terms of following laws of the united
states of american and your local community. A customer must not
violate or infringe upon any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything
obscene, libelous or threatening. Any material that breaks these
risks the account being considered for suspension and/or termination
based on our conclusion of the facts. The customer will hold Lil'
House free of any claims or fees. By hosting here, you are agreeing
to be solely responsible for your content and the consequences
of such.
Unacceptable
Conduct
The following will result in immediate suspension and/or termination
of your account:
a)
Posting a single article or substantially similar articles to
an excessive number of newsgroups (i.e., more than 20) or continued
posting of articles which are off-topic, according to the newsgroup
charter, or which provoke complaints from the regular readers
of the newsgroup for being inappropriate, including articles used
for marketing or promoting a site which resides on the network
(Inappropriate Postings).
(b)
Sending Unsolicited Business Emails (Spam) from the Network. Spam
is defined as 20 or more unsolicited messages sent simultaneously.
(c)
Engaging in either Inappropriate Postings (a) or Spam (b) from
a provider other than us for the express purpose of marketing
a site which resides on the network, or promoting a site on the
network through Spam from a non-related network. These tactics
are defined as Spamvertisement.
(d)
Continued harassment of other individuals on the Internet after
being asked to stop by those individuals and/or by Lil' House.
(e)
Mail bombing, i.e., sending large volumes of unsolicited E-Mail
to individuals or to individual business accounts.
(f)
Impersonating another user or otherwise falsifying one's user
name in E-Mail, Usenet postings, on Internet Relay Chat (IRC),
or with any other Internet service. (This does not preclude the
use of nicknames in IRC or the use of anonymous remailer services.)
(g)
Privacy violations: Attempts, whether successful or not, to gain
access to any other system or users' private data without express
consent of the user.
(h)
Use of IRC bots or clonebots on the network, whether on IRC servers
controlled by Lil' House or by other parties. An IRC bot is a
program which runs and is connected to an IRC server 24 hours
a day, automatically performing certain actions.
(i)
Network unfriendly activity: Attempts to interfere with the regular
workings of Lil' House's systems or network connections or which
adversely affect the ability of other people or systems to use
Lil' House services or the Internet, including, but not limited
to:
any
unauthorized attempts by a user to gain root access or access
to any account not belonging to that user on this or any other
Lil' House system;
any
use of this or any other Lil' House system as a staging ground
to disable other systems.
(j) Any activity which violates the laws or statutes of the United
States
Excess
Utilization of System or Network Resources
Customers
that use up more than the limits of their bandwidth, excess cpu,
and/or disk utilization will be notified by e-mail. If use continues
for more than 48 hours after notified, the customer may be required
to upgrade or modify their use. This is because one customer's
use should not have a negative impact on other customers enjoyment
of the services. In extreme cases that effect this, action may
be taken immediately and the customer notified of the action as
soon as possible.
Compliance
with Rules of Other Networks
Access to other networks must meet the policies of both Lil' House
and the other network.
Monitoring/Privacy
Lil'
House reserves the right to monitor any and all communications
through or with services. Customer agrees that Lil' House is not
considered a secure communications medium for the purposes of
the Electronic Communications Privacy Act, and that no expectation
of privacy is awarded. It may become necessary for Lil' House
to examine system accounting logs and other records to determine
if privacy violations or other network unfriendly activities have
occurred. Lil' House also reserves the right to access a Customer's
mailbox or other files stored on Lil' House systems to resolve
system problems or mail system errors.
Cooperation
with Authorities
Lil'
House reserves the right to cooperate with law enforcement and
other authorities in pursuit of claims of illegal activity including,
but not limited to, illegal transfer or availability of copyrighted
material, postings or e-mail containing threats of violence or
other illegal activity.
Confidentiality
of Personal Subscriber Information
Lil' House will not release a Customer's personal subscriber information,
nor a Customer's billing information, to any third party except
upon presentation of a valid court order of a government or entity
within our jurisdiction. Customer agrees that Lil' House's judgment
as to the validity of any court order of subpoena shall be considered
proper and final.
Lil'
House's Right to Suspend or Cancel Account
Lil' House reserves the right to suspend or cancel service to
a Customer at any time and without notice, for any reason, including,
but not limited to, refusal or failure to pay for services provided
or by sole judgment of Lil' House that the Customer may be performing
activities harmful to Lil' House or its Customers, employees,
vendors, business relationships or any other users of the Internet.
Right
to Damages
Lil' House reserves the right to collect damages (software, hardware
and man hours) if any harm is done to Lil' House which requires
repair or reconfiguration of any kind.
Other
Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit
action Lil' House may take or remedies available to Lil' House
in any way with respect to any of the described conduct. Lil'
House reserves the right to take any additional actions Lil' House
may consider appropriate with respect to such conduct, including
without limitation taking action to recover the costs and expenses
of identifying offenders and removing them from the Lil' House
service, and levying cancellation charges to cover Lil' House's
costs in the event of disconnection of dedicated access for the
causes outlined above. In addition, Lil' House reserves at all
times all rights and remedies available to Lil' House with respect
to such conduct at law or in equity. Non-enforcement of any policy
or rule herein does not constitute consent or waiver, and Lil'
House reserves the right to enforce such policy or rule at its
sole discretion.
Lil'
House's Right to Change Service
Lil'
House reserves to right to change without notice the service,
including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors and services
offered.
Lil'
House's Right to Modify its Acceptable Use Policies
Customers should check back here regularly to be sure they are
meeting current restrictions as these rules are subject to change
without notice.
Indemnifications
Customer agrees to defend, indemnify and hold harmless Lil' House
and its owner, affiliates, and subsidiaries from and against any
and all claims, demands, liabilities, proceedings, damages, injuries,
losses, costs and expenses (including, without limitation, reasonable
attorneys' fees) arising out of or relating to:
A.)
Any acts or omissions by Customer undertaken in connection with
the Internet page, including, without limitation, those arising
out of or related to any branch of:
(i)
any Customer warranties, representations, or covenants hereunder;
(ii) inaccuracy of any information, including false advertising
claims and unfair competition claims;
(iii) claims and investigations made by any Federal or State agency
arising out of information contained on the Customer's Internet
page.
B.)
Violations of any third-party intellectual property rights, or
any claim of infringement, misappropriation or violation of a
right of a third party (including, without limitation, a trade
secret claim, a defamation or libel claim, or an obscenity claim).
19.
Miscellaneous Provisions
19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance
of this Agreement if such failure is caused by acts of God, war,
governmental decree, power failure, judgment or order, strike,
communications failure, equipment of software malfunction, or
other circumstances, whether or not similar to the foregoing,
which are beyond the reasonable control of such party.
19.2
- Entire Agreement
This instrument embodies the whole agreement between the contracting
parties. There are no promises, representations, conditions, or
terms other than those contained herein.
19.3
- Severability
The provisions of this Agreement are severable. If any provision
is determined by a court of competent jurisdiction or a governmental
regulatory entity to be invalid or unenforceable, in whole or
in part, that provision shall be construed or limited in such
a way as to make it enforceable, consistent with the manifest
intentions of the parties. If such a construction or limitation
is not possible, the unenforceable provision will be stricken,
and the remaining provisions of this Agreement will remain valid
and enforceable.
19.4
- Amendments
No modification, change, or alteration of this Agreement shall
be effective unless in writing and signed by the parties hereto.
19.5
- Waiver
Failure by either party to insist upon the strictest performance
or observance of any provision of this Agreement or to exercise
any right or remedy arising out of this Agreement shall not be
construed as a waiver of any right or remedy with respect to any
existing or subsequent breach or default.
19.6
- Notices
Any and all written notices, communications, or payments shall
be made to the respective parties at their addresses indicated
in the first paragraph of this Agreement or at such other address
as a party may indicate in a written notice to the other party
to this Agreement.
Payment
Monthly,
3 months, 6 months, or yearly fees are expected on time and are
billed by PayPal subscription or money order. Lil' House reserves
the right to suspend accounts that are overdue without a refund
for hosting time lost.
Those
that don't pay by the due date will be charged a $5.00 late fee.
An additional bill with the late fee included would follow with
a termination of service warning. Action will be taken against
individuals that don't pay their hosting fees. Unpaid accounts
will be deleted if not paid after warning notification within
10 days.
Delinquent
accounts or those that are repeatedly late may be accessed a $10.00
reconnect charge in addition to the late fee. Lil' House may choose
not to renew accounts that continue this pattern at the end of
a billing cycle. Payment owed is still expected for services rendered.
Refunds
1)
There are no refunds on domains once they are registered since
they can't be changed. Please double check for typos and be sure
it is what you really want.
2)
No refunds are given for prepaid services that you choose to discontinue
early so please choose the hosting payment plan that you will
use.
3)
The final determination on the decision to refund will be made
by Lil' House on a case by case basis.
Account
Cancellation
Hosting
at Lil House doesn't guarantee that your site will be successful
but a positive environment with personal service can be found
here. If you should choose to cancel an account, please state
this 7 days before the next billing cycle. Otherwise, your account
will incur the charge for an additional month of service. Also,
it would be helpful if you stated your reasons so we can continue
to improve our services.
***
Hosted
sites are subject to the current terms of use so please check
this regularly. If you have a question on these terms, please
click on the envelope.
