This agreement documents the terms of service for accounts provided by Libre Hosting to the account holder.
1. The account holder is responsible to know, understand, and abide by these terms of service. The account holder is fully responsible for the actions of all parties which are acting under its account.
2. Any use which interferes with the server’s or network’s ability to function in its primary purpose of publishing / serving web documents and/or other data is prohibited.
3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at Libre Hosting or sent via Libre Hosting, is prohibited.
4. Use of Libre Hosting’s facilities to provide software or lists for mass mailing and/or unsolicited email is prohibited.
5. Use of Libre Hosting’s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, “smurf”, “winnuke”, “land”, “teardrop”, etc.) or otherwise compromise the security of hosts or networks is prohibited.
6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
7. Should the account holder become the target of a network attack, Libre Hosting reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder’s account) required to return server or network operation to normal.
8. Libre Hosting will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.
9. Use of Libre Hosting services, including the storage of information, is at the account holder’s sole risk. Libre Hosting does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Libre Hosting’s services are provided on an “as is” basis without warranties of any kind, either express or implied. Neither Libre Hosting nor anyone else involved in creating, producing, or delivering Libre Hosting services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Libre Hosting, the inability to use Libre Hosting, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.
10. The account holder will indemnify and hold harmless Libre Hosting against any loss, damage, cost and expense which Libre Hosting may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Libre Hosting’s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
11. If Libre Hosting is informed of illegal content or alleged copyright or trademark infringement involving an account, Libre Hosting will attempt to notify the account holder of those allegations and secure a response. Libre Hosting may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Libre Hosting believes are illegal or may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Libre Hosting for any such removal or termination. To inform Libre Hosting of a possible infringement please send notice via US mail to:
Possible Infringement 1444 N Batavia St Orange, CA US 92867
12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at Libre Hosting’s discretion. Libre Hosting reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.
13. Libre Hosting may terminate service to the subscriber at any time, without notice, for violation of this agreement. Libre Hosting will not be liable for any damages or harm to the account holder resulting from such termination.
14. The account holder may terminate their account at any time. 30 days cancellation is required on all services. The request to terminate the account must be in writing. The account holder may send cancellation request via US mail, fax, or email to accounts@librehosting.com. Although you may cancel via email, sending email does not guarantee that Libre Hosting will receive it, and does not constitute written notice if Libre Hosting does not see the email.
15. Use of a Libre Hosting account indicates acceptance of the terms of this agreement by the account holder.
16. This agreement shall be governed by and construed in accordance with the laws of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.