Terms of Service
Continued from Terms of Service
III) SECURITY
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).
IV) NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities.
Delivery Policy
All Accounts are activated instantly once payment is verified.
All login details for any service will be sent on your email.
You can also read all emails we have sent to you, in your client area.
Since we don’t offer any physical products, we don’t need to ship/courier any items to client’s address.
We offer Hosting Services and its login details are sent on client’s email which may be deemed as proof of activation of client’s services.
Date of Activation of service will be the initial date of start of validity of services.
V) PAYMENT POLICY
By using our services you agree to the following payment policy and instructions.
Refund Policy: There are no refunds on hosting packages after our 30 day money back guarantee but you may cancel your hosting subscription at any time.
Payment/Subscription: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. We require that all Subscribers use an automatically recurring payment subscription through one of our payment processors. Your recurring subscription must remain active at all times for your account to remain activated. If a subscription becomes inactive and/or is cancelled, we will suspend the account and issue a warning to the Subscriber to their email address on file. If the subscription is not rectified within 7-days of the warning we will delete the account from the server.
Cancellation: All cancellations must be made by the subscriber by sending an email to sales@lytenhost.com. Upon notification that a subscription has been cancelled we will delete the Subscriber’s account from the server. We will not refund any unused portions of any subscription payment. We require that a recurring subscription be active at all times and will therefore delete the account upon termination of the subscription.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
VI) GENERAL OPERATIONS
By using our service you agree to the following policy and limitations pertaining to our services.
Uptime: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes. In no event shall the Company be liable for any special or consequential damages, loss or injury. Although many of our own network providers guarantee an uptime of 99.9% or more, we make no guarantees about uptime performance because we realize there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
Support Boundaries: We provide technical support to our Subscribers. We limit our technical support to our areas of expertise. We provide support related to your account or virtual site’s physical functionality. We do not offer tech support for application specific issues such as cgi programming, html, or any other such issue.
Abuse of Our Staff or Network Staff: Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or terminate your account. Per our payment policy we offer no refunds.
Internet Protocol (IP) Address Ownership: If we assign a Subscriber an IP address for the Subscriber’s use, the right to use that IP address shall belong only to us, and Subscriber shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the services. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such IP numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). We will monitor Customer’s bandwidth and disk usage. If the disk usage exceeds the limit, no more data can be saved. If the bandwidth is exceeded the limit, the account will be suspended until the following month. Customer may upgrade to a higher usage hosting plan at any time to continue to use the site.
VII) VIOLATION PROCEDURES
By using our services you understand and agree with the following procedures and policies. We are under no duty to look at each Subscriber’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
First violation: Any Subscriber, which we determine to have violated any element of the TOS, shall receive an email, warning them of the violation. The service may be subject at our discretion to a temporary suspension pending a Subscriber’s agreement in writing, to refrain from any further violations.
Second Violation: Subscribers that we determine to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation: We reserve the right to suspend network access to any Subscriber if in the judgment of the network administrators the customer’s account is the source or target of the violation of the TOS or for any other reason which we choose. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
VIII) RESELLER ACCOUNTS
The following policies are for resellers accounts only.
Support: We will give resellers full support. There will be no support for any of the resellers customers. Customers of resellers must send support questions directly to the reseller. Under no circumstance can a reseller customer send support questions to us. In the case that a reseller can not answer a problem of the customer, the reseller can submit the support question to us, then the reseller can send the answer back to their customer.
IX) MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the TOS, Subscriber indemnifies us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a Subscriber’s or a customer of a Subscriber’s activity, the Subscriber will pay any damages awarded against us, plus all costs and attorney’s fees.
Contact Information: You must provide us with, and keep current, good contact information for yourself including an E-mail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.
Waiver: A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Assignment: Subscriber shall not transfer or assign the TOS without the prior written consent of the Company. Company may assign the TOS at anytime without consent from or notice to Subscriber. Company reserves the right to cancel Subscriber’s rights under this contract at any time without further obligation.
3rd Party Disclaimer: We take no responsibility for any material input by others and not posted to our website by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Disclaimer of warranties: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.
3rd Party Software and Services: We may provide you access to third party software and/or services (“Third Party Products “) through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for Third Party Products is provided by us and not by the Third Party Vendor, unless otherwise notified. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Subscriber expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither us nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber further agrees not to reverse engineer, decompile, or disassemble the Third Party Products.
Revisions to the TOS: We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment.
