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Netherlands Network Terms Of Service (TOS)

Service Agreement Contract
Where the content states: "We" includes LovingHosting.com or any party acting on LovingHosting.com's implicit instructions. "You" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. LovingHosting.com reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.LovingHosting.com/hk_network_tos_aup.php . In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

By using any portion of LovingHosting.com's service, you are agree to this service agreement on this document entirely.

1. Personal Web Hosting Account
1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on LovingHosting.com Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.

2. Service Rates
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time.

3. Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month's/year's service. The above applies to all accounts and services provided by LovingHosting.com.

4. Payments and Fees
4.1 Service will be suspended on accounts that reach 1 day past due. Accounts not paid by due date are subject to a 10% late fee. Upon suspended, you should pay all existing bills to unsuspend your account.

4.2 Service will be terminated on accounts that reach 10 days past due. Termination of account will cause all your data to be deleted from our server. Upon terminated, you should pay all existing bills to reactivate your account without any backup.

4.3 LovingHosting.com reserves the right to reduce the period at its own discretion at anytime. Accounts that are not collectable by LovingHosting.com may be turned over to an outside collection agency for collection.

5. Refunds & Cancellations
5.1 Request for cancellation of user accounts can be made through the LovingHosting.com Customer Control Panel. Cancellation requests received will take effect on the last day of current billing cycle.

5.2 Accounts canceled under our 7 days money back guarantee are subject to a full refund for the hosting account only (less any additional fees).

5.3 If you have violated our Terms of Service and/or Acceptable Use Policy, the money back guarantee no longer applies to you.

5.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our money back guarantee.

5.5 You must allow up to 30 days for credit and refunds to be processed and applied to your account.

5.6 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 7 days to request a refund regardless of how many days, weeks, months or years you have paid for.

5.7 7 days money back guarantee only apply for your first order.

6. Backup & Damages


6.1 Customer should always make your own backup. LovingHosting.com will not provide any back up of data at any time for any reason.

6.2 Customer 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, customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

7. Support Restrictions


7.1 LovingHosting.com does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec, WHMCS and any other script unless explicitly stated.

7.2 If you open a ticket requesting support for a 3rd party script, your ticket will be treated as low priority and may be closed without an answer.

7.3 The offer of any particular service does not constitute an obligation on LovingHosting.com part to tutor the necessary skills to utilize that service, only to provide system-specific information.

7.4 LovingHosting.com does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.

8. Network


8.1 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"). LovingHosting.com will monitor Customer's bandwidth and disk usage. LovingHosting.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in LovingHosting.com's sole and absolute discretion. If LovingHosting.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

8.2 System and Network Security: Users are prohibited from violating or attempting to violate the security of the LovingHosting.com Network. Violations of system or network security may result in civil or criminal liability. LovingHosting.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

8.2a Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

8.2b Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

8.2c Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

8.2d Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

8.2e Taking any action in order to obtain services to which such User is not entitled.

8.3 If the Data Center shut down the server, LovingHosting.com do not take any responsibility for any loses, LovingHosting.com will not provide any refund, 7 days money back guarantee no longer apply.

9. Suspension of Service or Termination


9.1 LovingHosting.com reserves the right to suspend network access to any customer if in the judgment of the LovingHosting.com network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which LovingHosting.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.

9.2 LovingHosting.com reserves the right to amend its policies at any time.

10. Indemnification


LovingHosting.com wishes to emphasize that in agreeing to the LovingHosting.com Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies LovingHosting.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to LovingHosting.com or the bringing of any claim against LovingHosting.com by any third-party. This means that if LovingHosting.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against LovingHosting.com, plus all costs and attorney's fees.

11. Miscellaneous Provisions


11.1 LovingHosting.com takes no responsibility for any material input by others and not posted to the LovingHosting.com Network by LovingHosting.com. LovingHosting.com is not responsible for the content of any other websites linked to the LovingHosting.com Network; links are provided as Internet navigation tools only.

11.2 LovingHosting.com is not responsible for any damages your business may suffer. LovingHosting.com does not make implied or written warranties for any of our services. LovingHosting.com denies 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 including equipment failure.

Netherlands Network Acceptable Use Policy (AUP)

Read our Acceptable Usage Policy
Please review our Acceptable Use Policy. This document contains the acceptable use of your account at LovingHosting.com. Any breach of this document may entail account suspension or termination.

LovingHosting.com's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what LovingHosting.com expects of them while using the service. All users of LovingHosting.com's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of LovingHosting.com Service constitutes acceptance and agreement to LovingHosting.com's AUP (Acceptable Use Policy) as well as LovingHosting.com's TOS (Terms of Service)


We support the uncensored flow of information and ideas over the Internet and do not actively monitor customer activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. LovingHosting.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your LovingHosting.com account.

This document is intended to provide a basic understand of LovingHosting.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of LovingHosting.com's AUP:

Ensure reliable service to our customers

Ensure security and privacy of our systems and network, as well as the networks and systems of others

Comply with existing laws

Maintain our reputation as a responsible service provider

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

Preserve the value of Internet resources as a conduit for free expression and exchange of information

Preserve the privacy and security of individual users

LovingHosting.com intends to provide its customers access to everything the Internet has to offer. While LovingHosting.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the LovingHosting.com and the Internet and cannot be permitted under the guise of free speech. The resources of the LovingHosting.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which LovingHosting.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a LovingHosting.com account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF LovingHosting.com ACCEPTABLE USE POLICY


All services provided by LovingHosting.com may only be used for lawful purposes. This includes, but not limited to; copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless LovingHosting.com from any claims resulting from the use of our services.

Examples of unacceptable material:

Hacking. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Offensive Material. Use of LovingHosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Money laundering / fraudulent activity. Use of LovingHosting.com service to commit fraud which including and not limiting to hyip, fake investment websites, speculation websites, fake banks.

Virus Distribution. Use of LovingHosting.com service to distribute Virus or any other forms of data which can cause considerable harms to any network.

Terrorism Activities. Use of LovingHosting.com services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.

System Resources Overload. Overload of LovingHosting.com services until the system performance or other customers' business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.

Spam (UNSOLICITED EMAIL). Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the LovingHosting.com network, nor to collect responses from UCE or Spam regardless of whether sent over the LovingHosting.com network. Do not send more than one hundred (100) unsolicited e-mails during any twenty-four (24) hours period. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited.

Child Pornography: Customer is responsible for any misuse of account, even if the inappropriate activity was committed by a friend, family member, guest or employee.

Express: Logistics, Courier, Shipping, Freight and Express Services.

Invalid Domain: Purchase web hosting with invalid or unregistered domain name, or the domain name is registered but belong to other person.

Others: UGG Replica, Pharmacy, Proxy, IRC, Warez, Torrent, Escrow, Botnet, Unsecured Script, Executable Files(.exe files).

Security


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. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

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.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. LovingHosting.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

REPORTING VIOLATIONS OF LovingHosting.com AUP


LovingHosting.com requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department by sumitting a ticket .

If available, please provide the following information:

The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation

Ticket with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. LovingHosting.com may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings

Suspend the Member's newsgroup posting privileges

Suspend the Member's account

Terminate the Member's account

Bill the Member for administrative costs and/or reactivation charges

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY


LovingHosting.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).



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