LVS Online / LVS Hosting Terms of Service Agreement

Before you utilize any of the services here on LVS Online / LVS Hosting, please read and understand these terms of service.

Welcome to LVS Online / LVS Hosting. We at LVS Online / LVS Hosting, and at LVS Online / LVS Hosting's parents, subsidiaries, and affiliates, do our best to create an environment in which individuals of many different backgrounds are able to express themselves through personal publishing, building a climate within which we can all discuss the issues that face us in daily life, or just be entertained. It is the goal of these Terms of Service to outline the responsibilities of those who participate in the LVS Online / LVS Hosting community.

1. LVS Online / LVS Hosting Services and Conditions of Use

   These Terms of Service govern the use of the LVS Online / LVS Hosting Web Sites (www.lvsonline.com, www.lvshost.com, hosting.lvsonline.com), hereafter referred to as the "Site." The term "LVS" shall be used to refer to LVS Online / LVS Hosting, and all parent corporations, subsidiary corporations, and affiliates. The Site provides registered members (each a "Member") with access to content and services ("Membership"). LVS may, at its discretion, add, delete, or modify the Terms of Service without notice. By registering as a Member, you agree to use the Site in a manner consistent with all applicable local, state and federal laws and regulations and in accordance with the Terms of Service discussed below.

   Basic LVS services and content are available FREE OF CHARGE, exclusive of other Internet or other telecommunications fees.

   LVS reserves the right to delete any page at any time for any reason or no reason at all.

   LVS may terminate any Membership (and any and all related information, communications, postings, or Web pages) at any time, without notice, for conduct that violates local, state or federal laws or regulations, these Terms of Service or other policies or guidelines set out by LVS elsewhere on the Site, or for material that LVS in its sole discretion believes is harmful to other Members, the business of LVS, or other third-party information providers. Individuals who have had their Memberships terminated may not continue to utilize member privileges in any manner or for any reason without the express written permission of LVS.

2. Terms of Membership

   a) Membership is available to anyone over the age of 13 who accurately provides all the required information, provides a legitimate electronic mail address.  LVS does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation. Children under the age of 13 can only register with the express consent of a parent or guardian.

   b) Please be courteous when selecting your LVS Member Name. LVS does not permit the use of vulgar or offensive language for your Member Name. You may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. LVS may, at its discretion and without notice, delete or revoke any Membership associated with a Member Name of this nature.

   c)  At the present time, only past or present students of LVS are eligible for free hosting at http://www.lvshost.com.   Proof of class registration may be requested by LVS personel at their discretion.

3. LVS Member Web Page and Member Conduct Guidelines

   The following is a non-exclusive list of actions and content that are prohibited on the Site. LVS may cancel any Membership associated with such actions or content or may remove any associated Member Web Page with or without prior notice, in its sole discretion.

   a) Any use of copyrighted, trademarked, patented or servicemarked material without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

   1. Making available copyrighted software which has been "cracked", for example, the copyright protection has been removed from the software;
   2. Making available serial numbers for software that can be used to illegally validate or register software;
   3. Making available tools that can be used for no purpose other than for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.);
   4. Making available any software files for which the user does not own the copyright or have the legal right to make available.

   b) Material concerning any software, information or other material that contains a virus, corrupted data or any other harmful or damaging component.

   c) Material that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age. LVS reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.

   d) Material that is, in LVS's view, grossly offensive to the LVS Community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence.

   e) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity.

   f) Material that defames, abuses, or threatens others or is libelous.

   g) Material that is invasive of privacy or publicity rights, including posting another person's private information.

   h) Material that

   1. depicts adult or pornographic content;
   2. is contrary to customary standards for material suitable for public display; and
   3. lacks serious literary, artistic, political, educational, or scientific value.

   i) Use of a Member Web Page as storage for remote loading, or as a door or signpost to another home page.

   j) Creation of a Member Web Page that contains hyperlinks to content not permitted on LVS.

   k) Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists a Member Web Page.

   l) Development of Member Web Pages that restrict access to pages through the use of password protection or other means, other than through services provided by LVS.

   m) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of LVS.

   n) Use of LVS for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.

   o) Acting in a manner that disrupts the flow of normal conversation in a chat room including, but not limited to, the harassment of other members, the use of vulgarity, or the use of hate speech.

   p) Conduct that is deemed by LVS, in its sole and absolute discretion, harmful to LVS, any third party content provider, or other individuals.

   q) Materials regarding or links to any raffle, contest or game requiring payment of a fee by participants.

   r) If there is no activity related to a Member Web Page for ninety days.

   s) Any use of a Member Web Page in connection with "spamming" or the sending of unsolicited messages.

   t)  Any use of a Member Web Page for commercial reasons.   Hosting for commercial purposes is available at http://hosting.lvsonline.com.

   All judgments concerning the application of these guidelines are made at the sole and absolute discretion of LVS.

   If, in its sole discretion, LVS determines that law enforcement officials or other necessary persons should be notified regarding any Member Web Page, LVS will provide copies of the Member Web Page in question to the appropriate officials without notice to the user. LVS will cooperate with all law enforcement efforts to locate persons who have posted Member Web Pages that are illegal or that promote illegal conduct. This may result in LVS disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process (such as a court order, subpoena or search warrant), in circumstances where LVS, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public.

4. Reporting a Violation of these Terms of Service

   If you witness a violation of these guidelines, please notify us at abuse@lvsonline.com . Complaints may be investigated by LVS but LVS is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of LVS.

   It is the policy of LVS to respond expeditiously to claims of intellectual property infringement. LVS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LVS will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. LVS will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:

   copyright@lvsonline.com

   Please put "Notice of Infringement" in the subject line of all such notifications.

   When LVS removes or disables access to any material claimed to be infringing, LVS may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although LVS makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. LVS will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before LVS replaces or restores access to any material as a result of any counter notification.

   If LVS becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts LVS, preferably by certified mail, of the specific location of the alleged presence of such materials, LVS will contact the Member responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. LVS also will alert the Member that, absent such a response, LVS reserves the right to delete the Member Web Page; and, if the member fails to respond within five days, LVS will make a decision whether to remove the Member Web Page. In all cases, if in its sole and absolute discretion, LVS concludes that one of the Member Web Pages violates the rights of any other party, LVS reserves the right to delete the offending Member Web Page at any time without prior notice.

5. Privacy

   See our Privacy Policy.

6. Limitations of Liability and Warranty

   a) THE MEMBER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LVS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LVS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER LVS NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

   b) UNDER NO CIRCUMSTANCES SHALL LVS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF LVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR THE LYCOS NETWORK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

   c) LVS MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. LVS IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

   d) The Member specifically agrees that LVS and third party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member Web Pages.

   e) LVS and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for

   1. any errors or omissions arising from the use of such information;
   2. any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
   3. losses or damages arising from the use of the content or services provided by the Site.

   f) LVS is not responsible for the delivery of any goods or services sold or advertised through its sponsors, advertisers or its members' commercial home pages or affiliate program pages.

   g) LVS makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. LVS does not give advice in any such fields and in no way endorses any of the information provided in this manner. If you intend to use any such information, you should carefully re-read capitalized words set forth above, as they will have special importance for you. All information made available through the Site is made available subject to these Terms of Service, including this Section 8. LVS STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

7. Indemnity and Release

   Each Member agrees to indemnify LVS and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from the Member's use or misuse of the Site. This includes, without limitation:

   1. Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or servicemarks and
   2. Member's responsibility for any and all liability arising from any libelous or unlawful material contained within Member Web Pages.

   By using the Site and any other sites on LVS you are hereby agreeing to release LVS and its affiliates, officers, directors, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to LVS products and services. You hereby agree to waive all laws that may limit the efficacy of such releases.

8. Merger Clause

   These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between LVS representatives and each Member with respect to the subject matter hereof. LVS may amend these Terms of Service at any time without notice.

   We hope your enjoyment of LVS's services and content will be enhanced by the application of the Terms of Service outlined in this document. It is our belief that you understanding of the guidelines that we have sent forth will allow the LVS community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read the LVS Terms of Service and we hope you enjoy our services.
       

9. Hosting Account Policies and Cancellation:

   Cancellation requests can be submitted via our ticketing system at http://hosting.lvsonline.com/cgi-bin/helpdesk/pdesk.cgi.     Although no advance notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration, which are nonrefundable.

   Accounts are payable in full at the time the account is created. Accounts paid via credit card are subject to suspension if payment cannot be processed when the account is created. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without further notice to the end user. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state.

   Release of domain names will not be authorized until all monies owed have been paid.  We reserve the right to proceed with collection efforts to include pursuing payment in a court of law.   The laws of The United States and the State of Georgia will preside over this agreement as well as the services provided.

   Suspension:

   Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

   A suspension resulting in non-payment will require all past due fees to be paid and a re-activation fee of $15.00 US in order to re-establish service.

   Refusal of Service:

   We reserve the right to refuse, cancel, or suspend service at our sole discretion.

   All sub-networks, distributive hosting sites, and dedicated servers of LVS Hosting must adhere to the above policies. Please direct any reports of violations of the above policies to abuse@hosting.lvsonline.com.

   Failure to follow any term or condition will be grounds for immediate account deactivation.