Longhorn Hosting (referred hereinafter as 'Longhorn
Hosting', 'our', 'we' and 'us') is a web hosting firm. All
accounts on our web servers, including single-domain, and
resold accounts, are subject to the terms and conditions
described in this document. Under the terms of this agreement,
your placement of information on our servers is an acknowledgement
that you have read, understand, and agree to be bound by
terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any
use of these services which violates any laws which may
apply to Longhorn Hosting, your local jurisdiction, or any
jurisdiction that you or your site may be subject to is
strictly prohibited.
This means that while using the service, you may not:
- Post or transmit any unlawful, threatening, abusive,
defamatory, obscene, libellous, offensive, pornographic,
indecent, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offence, give rise to civil liability, or otherwise
violate any law.
- Restrict or inhibit any other user from using and enjoying
the Internet.
- Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc.,
and encrypting of any of the above. Also includes any
sites which provide "links to" or "how
to" information about such material.
Longhorn Hosting reserves the right to the final decision
on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
- Run any process that requires more than 8Mb of memory
space, more than 30 CPU seconds, or use more than 5% of
all available system resources at any time.
- Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services
are fully allowed.
- Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and
all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet
Relay Chat) network.
- Run any site with adult-oriented content, including
but not limited to any pornographic material.
Users are also required to abide by the following:
- Databases are only to be used for Longhorn Hosting-hosted
web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance
stance against sending of unsolicited e-mail, commonly known
as spam. Any user who sends out spam will have their account
terminated without notice, this includes reseller and resold
accounts.
Longhorn Hosting reserves the right to require changes
or disable as necessary any web site, account, database,
or other component that does not comply with this policy,
at its sole discretion. Longhorn Hosting also reserves the
right to make any such modifications in an emergency at
our sole discretion.
3. Indemnification
You agree to indemnify, defend, and hold harmless Longhorn
Hosting from any and all liability, penalties, losses, damages,
costs, expenses, attorneys' fees, causes of action or claims
caused by or resulting indirectly from your use of the service
which damages either you, Longhorn Hosting, or any other
party or parties without limitation or exception. This indemnification
and hold harmless agreement extends to all issues associated
with your account, including but not limited to domain name
selection and Web site content.
4. Refusal or discontinuation of service
Longhorn Hosting reserves the right to refuse or discontinue
service to anyone at Longhorn Hosting's sole discretion.
Longhorn Hosting may deny you access to all or part of the
service without notice if you engage in any conduct or activities
that Longhorn Hosting in its sole discretion believes violates
any of the terms and conditions in this agreement. Longhorn
Hosting shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor
any responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that Longhorn
Hosting has the right to monitor the service electronically
from time to time and to disclose any information as necessary
to satisfy the law, or to protect itself or its subscribers.
Longhorn Hosting reserves the right to refuse to post or
to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement. Longhorn Hosting also
reserves the right to refuse refunds in cases where Longhorn
Hosting believes abuse has taken place.
5. No warranties
Longhorn Hosting makes no warranties or representations
of any kind for the services being offered. The service
is provided on an "as is" and "as available"
basis without warranties of any kind, either express or
implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability
or fitness for a particular purpose. No advice or information
given by Longhorn Hosting or its agents or employees shall
create a warranty. Longhorn Hosting provides no warranty
that the service will be uninterrupted or error free or
that any information, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall Longhorn Hosting be liable
for any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability
to use the service, or for third parties' use of the service
to access your Web space, or to access the Internet or any
part thereof, or your or any third parties' reliance on
or use of information, services, or merchandise provided
on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects,
delays in operation or transmission, or any failure of performance.
If you are dissatisfied with Longhorn Hosting service or
any of its terms, conditions, rules, policies, guidelines,
or practices, your sole and exclusive remedy is to discontinue
using the service.
You understand that by placing information on Longhorn
Hosting's servers that such information becomes available
to all Internet users and that Longhorn Hosting has no way
of limiting or restricting access to such information or
protecting such information from copyright infringement.
You assume total responsibility and risk for your use of
Longhorn Hosting's servers and the Internet. It is solely
your responsibility to evaluate the accuracy, completeness,
and usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all
merchandise provided through Longhorn Hosting or on the
Internet generally.
Your use of the service is at your sole risk. Longhorn
Hosting is not responsible for files and data residing on
your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate
backup of files and data stored on Longhorn Hosting servers.
You agree not to interfere with the operation of the system.
You further agree not to interfere with the proper operation
of other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to adhere
to system policies as published by Longhorn Hosting, including
restrictions on services available with each service type,
restrictions on certain features, and all other policies.
You agree to abide by any and all future Longhorn Hosting
policy decisions.
Longhorn Hosting reserves the right to monitor any and
all communications through or with our facilities. You agree
that Longhorn Hosting is not considered a "secure communications
medium" for the purposes of the ECPA, and that no expectation
of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for
all use of this account, are at least 18 years of age. If
you are under 18 years of age, you need to have parental
consent in order to sign up, and the account must be ordered
by a parent or guardian, in their own name. You agree to
supply Longhorn Hosting with a current and truthful name,
postal address and telephone number for our records, and
you have a continued obligation to keep this information
current. You also agree that you are an authorized user
of any credit card that you supply to us, and you understand
and agree that we have an obligation to fully investigate
any possible fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase
is purchased either for yourself or on behalf of a client
if you are a reseller. You understand that as a reseller,
you are the individual solely responsible for all use of
the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services
received from Longhorn Hosting, in advance of the time period
during which such services are provided. You agree that
until and unless you notify Longhorn Hosting of your desire
to cancel any or all services received, those services will
be billed on a recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral
communication you may have had with Longhorn Hosting or
any agent or representative thereof, and constitutes the
complete and total agreement between the parties. Should
any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full
force and effect and said provision shall be reformed only
to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information
on Longhorn Hosting's servers you are stating and acknowledging
that you have read the aforementioned terms and conditions
and that you understand such terms and conditions and agree
to be bound by them.