Terms of Service
This Terms of Service is an agreement between Customer and WebAdmetrics
("Agreement") and applies to Customer's account(s) with WebAdmetrics.
PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please
note that the information contained herein is subject to change without notice.
Customer agrees to periodically consult this website for changes or amendments
to this Agreement. WebAdmetrics may, but is under no obligation to, provide
notices of any amendment, modification or update of this Agreement via e-mail
While using Services provided by LotsMoreHosting, you agree to the following
terms and conditions.
- "We" "Us" "Provider" or "WebAdmetrics" refers
- "You" "Your" "Client" or "Customer" refers
to each person or entity who applies for internet service or is a designate
of any one who applies for internet service with WebAdmetrics.
Provided by WebAdmetrics
WebAdmetrics will rent Internet server space ("Services")
to its customers for the purpose of allowing customers to provide
http internet content to the general public. The Services allow WebAdmetrics
customers to maintain internet websites, receive and maintain e-mail
accounts, and access web space via FTP to upload files for their
websites. WebAdmetrics customers will use the provided Services
in a manner consistent with all applicable State and Federal laws.
WebAdmetrics will make no effort to edit, control, monitor or
restrict the content of data other than as necessary to provide Services.
If any of the activities referenced below are committed, WebAdmetrics
may immediately terminate Customer's account(s) without notice. WebAdmetrics
will be the sole and final arbiter as to what constitutes a violation
of the terms and conditions of this Agreement.
Customer Use of Services
- Disk Space and Client Contentt: WebAdmetrics
offers various amounts of drive space in our various packages. Accounts
are to be used by the primary owner only. Account holders are not permitted
to resell web-hosting services of their website to other parties unless they
have purchased a reseller package. Client agrees that web pages and files
uploaded to our servers will not:
- violate any state, federal or foreign laws
- infringe on any intellectual property rights of WebAdmetrics
or any third party;
- be defamatory, slanderous or trade libelous;
- be threatening
- be discriminatory based on gender, race, age;
- promote hate;
- contain viruses or other computer programming defects which result in
damage to WebAdmetrics or any third party.
Customers may not run IRC bots
Unacceptable uses of our service also include:
- Bulk emailing
- unsolicited emailings
- newsgroup spamming
- pornographic content
to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement,
trademark infringement, warez, cracks, or software serial numbers.
will be the sole and final arbiter as to what constitutes a violation of
WebAdmetrics offers colocation of multiple domain names in
some packages. The use of multiple domains on a single account is intended
solely for the convenience of the customer and intended for low resource
usage such as websites and not for running scripts or other high resource
Bandwidth Usage: WebAdmetrics offers various amounts of data transfer per month depending on the
purchased packages. Sites that use over their
bandwidth allotment may be automatically suspended. If the account is not automatically suspended, client agrees to pay the extra charges for additional
Excessive Resource Use Policy: Resources are defined as bandwidth
and/or processor and/or memory utilization. A website is considered to be
amounts of resources" when it monopolizes the resources available
by using 12% or more of system resources for longer than 60 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, PHP, FTP, HTTP, MySQL etc. This policy is only
implemented in extreme circumstances and is intended to prevent the
misuse of our servers. We reserve the rights to suspend or terminate
any hosting account that we feel is jeopardizing our network. LotsMoreHosting
will be the sole and final arbiter as to what constitutes a violation
of this policy.
No "Spam": UCE/UBE or "Spam" originating from
a WebAdmetrics account, or associated with a WebAdmetrics account,
is not tolerated. This includes any e-mail that promotes web sites
hosted on a WebAdmetrics account but is sent from an e-mail address
not associated with that WebAdmetrics account. Client shall not
use their WebAdmetrics services for chain letters, junk mail, bulk-email,
or any use of distribution lists to any person who has not given specific
permission to be included in such a process. WebAdmetrics reserves
the right to deactivate or terminate any account(s) upon any indication
of such activity without notice. There will be a $500 clean up fee
if an account was suspended for policy violation.
There is a 5000 Email
limit that can be sent out within a 24 hour period.
Purchased email leads
are not acceptable and will not be used at any time from any of our
servers. Use of purchased leads are grounds for immediate termination.
Email leads acquired are highly recommended to be verified opt-in leads.
False Information. Client agrees not to post false or inaccurate
information to news groups in violation of the news groups' rules and regulations.
If any news groups or service providers contact WebAdmetrics concerning
unethical, false or unlawful activities by you, WebAdmetrics reserves
the right to terminate your service without notice.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection
with Client's use of the Services.
Back-Up Files: It is the client's
sole responsibility for independent backup of data stored on Providers server
and network. WebAdmetrics may or may not have a backup of the client's data. There is a one time fee of $75 for our Administrator to retrieve
and restore client's individual back-up files.
software: We do not allow FFA type scripts, safelist type scripts, or other
types of scripts that are resource/email intensive. These types of scripts
have been found to heavily tax the resources of the servers.
Customer agrees to adhere to the WebAdmetrics Acceptable Use Policy.
Payment Obligations, Renewals, and Cancellations
- Payment Obligations: Full
payment is required in advance, before hosting service is established.
You grant WebAdmetrics the right to debit the credit card or account you
provided on the Order Form for services you signed up for, until such service
is cancelled by you in writing or is cancelled by WebAdmetrics according
to terms of this Agreement. You warrant and represent that the information
you supply in the Order Form (or other information that WebAdmetrics may
require) is accurate and truthful. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent by postal mail or fax.
If payment was not received by the renewal date, your account will be terminated.
Once your account is terminated, you will need to pay for the set up fee
and the monthly fees to reopen the account. There is a $25 processing fee
- Renewals: Your account will be automatically renewed under
the same time and fee structure unless you give written notice to WebAdmetrics
fifteen (15) days before the renewal date that you do not wish to renew
such account. Promotions are not included in renewals.
- Cancellation: You may cancel at anytime. If you cancel before the
first 15 days, you will be entitled to a full refund. If you cancel after
the first 15 days from the opening of your account, you will be obligated
to pay all fees and charges accrued prior to the effectiveness of the cancellation.
WebAdmetrics will refund to you the prepaid fees for basic hosting
for the full months remaining after effectiveness of cancellation, less any
prior fees and charges, and an early cancellation fee of $25. Accounts
that are terminated by WebAdmetrics for TOS or AUP violations will
not receive any refund. All cancellations must be received as per the deadlines
indicated; e-mail notifications are acceptable. Cancellation request
will reflect the day of your submission. Refunds will be issued back to you
within 7-14 days from your cancellation date.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first
30 days from the opening of the account, you will be given a full refund
on your hosting fee excluding setup fees (Currently $0 US) and additional
services. If paid by credit card, refunds will be issued to the original
credit card provided at the time of purchase. If your account has been
cancelled by us due to a breach of the terms and conditions on your
part, you will not be eligible for a refund. Domain name registration
In the event a planned outage would be necessary, every attempt will be made to have them performed between
6:00am to 9:00am GMT. This does not mean there will be an outage at the specified
time, and does not include unplanned outages if any should occur for reasons
beyond WebAdmetrics's control.
Disclaimer of Warranty
You agree to use the Services and any information obtained through or from
WebAdmetrics at your own risk. You acknowledge and agree that LotsMoreHosting
exercises no control over, and accepts no responsibility for, the content
of information passing through WebAdmetrics's host computers, network
hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS
AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. WebAdmetrics MAKES
NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. WebAdmetrics MAKES NO
WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT
ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. LotsMoreHosting
EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS
VIA THE SERVICES PROVIDED BY WebAdmetrics. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY ANY WebAdmetrics PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY
ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any
termination of this Agreement.
WebAdmetrics is not responsible for any interruption in service or down
time that may occur, whether due to external network disruptions or negligence
of WebAdmetrics. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, equipment failure and any and all other service interruptions
caused by WebAdmetrics.
Limitation of Liability
You agree that WebAdmetrics will not be responsible for any losses that
may incur where Services are accessed by third-parties through illegal or
otherwise unauthorized means, including but not limited to situations where
data is accessed through the exploitation of security gaps, weaknesses or
flaws (whether known or unknown to WebAdmetrics at the time) which may
exist in the Services or in WebAdmetrics's equipment used to provide the
Under no circumstances will WebAdmetrics be liable for any consequential,
indirect, incidental, special or punitive damages, or loss of profits, revenue,
data or use by Customer, any of its customers, or of any other third party,
whether in an action in contract or tort or strict liability or other legal
theory. WebAdmetrics will not be liable to Customer, any of its customers,
or any other third party, for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions, deletion of files, loss of
data, errors, viruses, defects, delays in operations, or transmission or any
failure of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to WebAdmetrics's records,
programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, WebAdmetrics's
maximum liability under this Agreement for all damages, losses, costs and causes
of actions from any and all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) will not exceed the actual dollar amount
paid by Customer for the Services which gave rise to such damages, losses and
causes of actions during the 6-month period prior to the date the damage or
loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between
the parties of the risks (known and unknown) that may exist in connection with
this Agreement. The terms of this Section will survive any termination of this
Right to Refuse Service
At its sole discretion, WebAdmetrics has the right to refuse any and all
service or Services to any applicant, Customer, Client whether it be an individual
or legal entity.
Customer agrees to indemnify, defend and hold harmless WebAdmetrics, its
officers, directors, employees, shareholders and agents from and against
any and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses (including, but
not limited to, reasonable attorney's fees) threatened, asserted, or filed
by a third party arising out of or relating to (i) Customer's use of the
Services, (ii) any breach by Customer of this Agreement, or (iii) any acts
or omissions of Customer. The terms of this Section will survive any termination
of this Agreement.
WebAdmetrics will not be liable for failure or delay in performing it obligations
if such failure or delay is due to circumstances beyond its reasonable control,
including but not limited to acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation), failure
of third party software or hardware or inability to obtain raw materials,
supplies or power used in or equipment needed for provision of the Services.
Disclosure of Customer Information and Legal Process
Although WebAdmetrics maintains strict confidentiality on Customer's information,
there are certain exceptions in which WebAdmetrics may disclose information
in its possession, including but not limited to information about the Customer's
internet transmissions and website activity in order to comply with court
order, subpoena, discovery request, warrant, statute, regulation or official
governmental requests. WebAdmetrics has no obligation to notify Customer
about whom the information is sought or that WebAdmetrics has provided
the information. Customer acknowledges the above exceptions and agrees to
them without reservation.
Governing Law; Jurisdiction; Arbitration
This Agreement is governed by Arizona law and both parties will submit to personal
jurisdiction in Arizona. Any controversy or claim arising out of, relating
to or in connection with this Agreement, or the breach thereof, will be subject
to arbitration administered by the American Arbitration Association ("AAA")
in accordance with its then existing Commercial Arbitration Rules (collectively,
the "AAA Rules") and any award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The place of arbitration
will be Chicago, California, or any other place selected by mutual agreement
of the parties. An award rendered in connection with arbitration pursuant
to this Section shall be final and binding upon the parties. The parties
agree that the award of the arbitral tribunal will be the sole and exclusive
remedy between them regarding any and all claims and counterclaims between
them with respect to the subject matter of the arbitrated dispute. The terms
of this Section will survive any termination of this Agreement.
Customer will not have the right to assign this Agreement without the prior
written consent of WebAdmetrics.
Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes
all previous representations, understandings or agreements. If any provision
of this Agreement is held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this Agreement will remain in full
force and effect.
Customer hereby represents that he, she or it, is either an individual entering
this Agreement for his or her personal use and is over 18 years of age, or
is a corporation other legal corporate entity, duly organized, validly existing
and in good standing under the laws of the state of its organization and the
person acting on behalf of Customer is duly authorized to accept, execute and
deliver this Agreement on behalf of Customer.