|
This document sets forth the guidelines, principles and requirements of the Terms of Service of Launch Hosting, governing the use by the Client of Launch Hosting's services and products. Launch Hosting retains the right to modify or change these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all Clients when adopted by Launch Hosting and published here. Launch Hosting shall be the sole and final arbiter as to the interpretation of the following.
THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND LAUNCH HOSTING (LAUNCHHOSTING.COM), a provider of web hosting, e-mail, electronic commerce, and domain name services.
A. You Agree To:
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO LAUNCH HOSTING (LAUNCHHOSTING.COM) THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY.
B. Prohibited Conduct
Launch Hosting is fully committed to providing affordable hosting services to the community, however, if You engage in the following examples of prohibited activities while using our services you will be violating this Agreement:
1. Facilitating Illegal Software, Service and / or Activity
A. Illegal advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to spam, flooding, mail bombing, denial of service attacks, and piracy of software or contain detailed criminal instructions (hacking, phreaking, cracking and etc.)
B. Engaging in activities that are determined to be illegal, including illegal advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, illegal gambling, fraudulently charging credit cards, and pirating software
2. Obscene Speech or Materials
A. LAUNCH HOSTING prohibits pornography and all pornographic related merchandising and prostitution using LAUNCH HOSTING services. Prohibited activities are: advertising, transmitting, storing, displaying, posting, making available, providing links to other sites that contain pornographic content and any other pornographic promotion and / or activity.
B. LAUNCH HOSTING shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through LAUNCH HOSTING's Services
3. Infringing Property Rights
A. Engaging in any activity that:
1. Violates or infringes the property rights of others, including the rights protected by copyrights, trademarks, service marks, trade secrets, intellectual property, software piracy, and patents or similar laws or regulations including, but not limited to, the use or distribution of pirated software products that are not lawfully licensed for use by the client.
2. violates privacy, or other personal rights of others
3. Promoting Violence or Injury
A. Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals, businesses, governments or other entities
B. Using LAUNCH HOSTING's Services as a means to transmit or post defamatory, obscene, harassing, abusive, threatening language, hate sites (such as racist, sexist and etc).
C. Displaying parts of weapons or manuals for assembling of any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs, caustic or any other illegal substances contrary to any laws.
D. Promoting products or services that involve a risk of death or injury to any person or entities or property contrary to any laws.
5. Advertising illegal substances
A. Displaying or advertising any type of illegal substances, including drug use, contrary to any laws.
6. Unauthorized Access or Illegal Activities Involving Launch Hosting's Networks
A. Accessing illegally or without authorization accounts, computers or networks belonging to another party, or attempting to penetrate security measures of another individual's system (hacking)
B. Engaging in any activity that might be used as a precursor to an attempted system penetration (port scan, stealth scan, or other information gathering activity)
C. Distributing information regarding the creation of and sending Internet viruses, Trojan horses, worms, pinging, flooding, packet spoofing, forged routing information, mail bombing, denial of service attacks and any and all disruptions.
C. Terms Of Service Prohibited Conduct
In the event that you engage in any of the activities above, as determined by LAUNCH HOSTING in its sole discretion; LAUNCH HOSTING may immediately suspend or terminate it's TERMS OF SERVICE agreement and any and all services provided for you by LAUNCH HOSTING and recover costs and expenses, including legal fees for any harm caused to LAUNCH HOSTING or its suppliers.
D. Relationship of Parties
1. Client agrees to hold Launch Hosting harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to the Client's Website, domain services, e-mail and electronic commerce.
2. Nothing contained herein shall be considered to create a relationship between Launch Hosting and the Client in the nature of a partnership, joint venture, editor/publisher or any other.
E. Support/Security
1. The Client agrees to take all steps reasonable and necessary to protect Client's login ID and password.
2. Uploading a virus to Launch Hosting servers will result in account termination, service charges and/or prosecution.
3. Launch Hosting supplies technical support for Web hosting issues only. Launch Hosting shall be the sole arbiter as to what constitutes a "Web host" issue. Client acknowledges that Launch Hosting cannot provide technical support for any software and/or script that the Client installs.
4. Launch Hosting will never sell, or exploit Client's personal information.
F. Confidentiality
Client acknowledges that by reason of their relationship, both the Client and Launch Hosting may have access to certain products, information, materials and software relating to the other business and which value would be impaired if such information were disclosed to third parties. Therefore, both Launch Hosting and the Client agree that such information shall be held confidential and it will not be used in any way for its own account or for the account of any third part, nor disclosed to any third party.
G. Refusal of Service
1. Launch Hosting reserves the right to refuse or cancel services at any time in its sole discretion with no refunds.
2. If these Terms of Service between Launch Hosting and the client are violated it will result in grounds for immediate account termination.
H. Billing Policy and Account Termination
Websites which Launch Hosting must suspend or cancel due to violation of the Terms of Service Agreement are not eligible to receive a refund for unused service. Refunds will not be issued for early termination by the Client for any reason or by early termination by Launch Hosting for Terms of Service violations. If the Client desires termination of an account, recurring transactions will be stopped and no longer processed. The Client will not be refunded any un-used portions of the hosting plans and will not receive a refund for any setup fees.
Services will automatically renew until a service is cancelled. If you do not wish to renew your Monthly or Annual Service you must cancel your account by sending an email to our customer service department at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
You will be required to pay any outstanding charges owed. All services will be suspended immediately if your account is not in right standing with Launch Hosting.
Your billing cycle will be different than the advertised price if setup fees are required for the plan purchased.
I. Disclaimer
1. Launch Hosting reserves the right to revise or change these Terms of Service at any time.
2. THE USE OF LAUNCH HOSTING'S SERVICES AND PRODUCTS IS AT CLIENT'S SOLE RISK. NEITHER LAUNCH HOSTING NOR ITS EMPLOYEES, AGENTS, MERCHANTS LICENSERS OR OTHERS MAKE ANY WARRANTIES OR CLAIMS OF CLIENT MERCHANDISING OR PROMOTION CAPABILITY OR THAT LAUNCH HOSTING'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR ERROR FREE, NOR TO THE ACCURACY, OR RELIABILITY OF ANY SERVICES PROVIDED THROUGH LAUNCH HOSTING, UNLESS EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, SLOW CONNECTIONS, SERVICE INTERRUPTIONS AND DOWN TIME CAUSED BY LAUNCH HOSTING, ITS EMPLOYEES, PARTNERS OR OTHER CAUSES.
3. THE TOTAL CUMULATIVE LIABILITY OF LAUNCH HOSTING FOR ALL CLAIMS MADE BY THE CLIENT, OR ANY OTHER PARTY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO LAUNCH HOSTING BY THE CLIENT.
|