Terms of Service

LPA Support, Inc. (hereafter “LPA Host”, “we”, or “our”) is an information provider connected to the Internet. We offer website storage and transfer services over the Internet through access to our web servers. The customer (hereafter “customer” or “you”) are seeking to utilize these web services. Both parties agree that the Internet is not owned or controlled by any one entity, therefore, LPA Host makes no guarantee that any given user can access LPA Host’s services at any given time. We will make every effort to ensure our services are available as widely as possible and with as little service interruption as possible. In consideration of LPA Host providing the services, both parties agree to the following Terms of Service:

1) Financial Agreement

1. LPA Host works on a pre-pay basis. You agree to a 30 day contract minimum beginning the day the service is provisioned. The exact contract duration is determined upon the packages selected during signup. The service will auto-renew at the end of the contract duration unless a cancellation request is received. See “Cancellations” for more details.
2. You agree that all charges and fees associated with an account are your sole responsibility.
3. LPA Host will not activate new services or upgrades for existing or previous customers who have an outstanding balance. To activate new services you must have a balance of $0.00, unless otherwise stated by LPA Host in writing.
4. All transactions are non-refundable and are final, even for unused portions. Requests for refunds should be sent to billing@lpahost.com where they will be reviewed on a case-by-case basis. Any refunds will by applied to your account as a credit towards current and future service fees. In rare circumstances, refunds may be sent by company issued check.
   • Domain registration, renewal, or transfer fees (including the value of any used free domain registrations) are not refundable under any circumstances.
   • SSL certificates are not refundable under any circumstances.
   • AdWords credits, third-party services (e.g. spam filtering, file hosting, payment gateways), or unused promotion add-ons are not refundable under any circumstances.
5. Violations of Terms of Service or Spam Policies may result in immediate and permanent termination of the customer account without refund.
6. Disputed charges (“chargebacks”) associated with any customer account may result in immediate and permanent termination of the customer account without refund.
   • If you have a billing issue or concern, please contact billing@lpahost.com before contacting your banking institution. We may be able to reverse the charges or offer an alternative solution to your satisfaction.
7. LPA Host is not required to collect taxes for services provided. The customer agrees to be liable any taxes or fees required by their use of LPA Host services.
8. Pricing, features, quotas, and promotions listed on LPA Host’s website are for new account / new customers only. Existing customers may email billing@lpahost.com, but may not be eligible for pricing, features, quotas, or promotions.
9. Services provided by LPA Host partners are subject to change. LPA Host may change partners and/or change prices to maintain similar service offerings.
10. Discounts and coupon codes are reserved for first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our billing department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
11. LPA Host provides a 10 day grace period after a invoices due date. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to LPA Host for services rendered. Access to the account will not be restored until payment has been received.

2) Content

1. LPA Host reserves the right to refuse service to anyone.
2. LPA Host provides email and website hosting services. These services are not to be used for file storage, file sharing, or backup purposes.
3. LPA Host services are to be used for lawful purposes only. The laws of the State of Minnesota, the State of Florida, the State of Texas, and the United States of America apply. Examples of unacceptable content or usage of LPA Host services includes (but is not limited to):
   • Content that infringes upon any copyright or trademark (e.g. books, music, photographs, articles, websites)
   • Selling counterfeit merchandise
   • Topsites
   • IRCD (irc servers)
   • IRC Scripts/Bots
   • Proxy Scripts/Anonymizers
   • Pirated Software/Warez
   • Image Hosting Scripts (similar to Photobucket or Tinypic)
   • AutoSurf/PTC/PTS/PPC sites
   • IP Scanners
   • Bruteforce Programs/Scripts/Applications
   • Mail Bombers/Spam Scripts
   • Banner-Ad services (commercial banner ad rotation)
   • File Dump/Mirror Scripts (similar to rapidshare)
   • Commercial Audio Streaming (more than one or two streams)
   • Escrow/Bank Debentures
   • High-Yield Interest Programs (HYIP) or Related Sites
   • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
   • Sale of any controlled substance without prior proof of appropriate permit(s)
   • Prime Banks Programs
   • Lottery/Gambling Sites
   • MUDs/RPGs/PBBGs
   • Hacker focused sites/archives/programs
   • Sites promoting illegal activities
   • Forums and/or websites that distribute or link to warez/pirated/illegal content
   • Bank Debentures/Bank Debenture Trading Programs
   • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
   • Mailer Pro
   • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
   • Illegal pornographic material or content perceived to be illegal
4. Any content or usage that, in our judgment, is obscene, threatening, illegal, or violates our terms of service may be removed, disabled, or the account may be suspended without notice. LPA Host agrees to notify the customer in writing and allow the customer to respond. If the customer fails to respond as directed by LPA Host within a reasonable period of time, the customer account may be terminated without refund.
5. Content or usage that is unlawful will be reported to the appropriate law enforcement agency.
6. LPA Host reserves the right to police our network and servers to verify compliance with all agreed upon Terms.
7. The customer agrees to cooperate in any reasonable investigation into the adherence to all agreed upon Terms. Failure to comply is grounds for immediate and permanent termination of the customer account without refund.
8. Opening multiple accounts to circumvent any restrictions or overage charges are grounds for immediate and permanent termination of all the customer accounts without refund.
9. LPA Host makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. LPA Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the customer. Use of any information obtained by way of LPA Host is at the customer’s own risk, and LPA Host specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. LPA Host expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. LPA Host specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
10. Any content or usage deemed by LPA Host to be in violation of these Terms All domain names registered or transferred to LPA Host will publicly display LPA Host’s contact information as the current registrant, technical contact, and billing contact. Upon cancellation of services, LPA Host will release the domain name lock and provide an EPP Key (Transfer Authorization Key) to the account holder. Customer accounts must have a balance of $0.00, unless otherwise stated by LPA Host in writing.
11. Customer accounts may display a “Coming Soon” web page which informs visitors that the domain name and hosting package were recently purchased through LPA Host. LPA Host may use this page to advertise products or services offered by LPA Host or our hosting partners. To remove the page, simply overwrite the index.html file in your hosting account or contact support@lpahost.com.
12. Copyright or Trademark owners may contact support@lpahost.com with DMCA Notices.
13. Customers agree to respond to any abuse notice within 48 hours. Failure to respond may result in suspension or termination of the customer account.
14. If in doubt regarding the acceptability of your content, please email support@lpahost.com and we will be happy to assist you.
15. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

1. Creating an account is free and can be done through our billing system (http://billing.lpahost.com). Your email and/or hosting services will not be setup until we have received payment and the payment has been cleared for fraud by our payment partners. We highly recommend when setting up your account, you:
   • Provide multiple contacts and/or email addresses. If there is ever an issue with payment or technical problem with the services, we will use the appropriate email addresses on file to contact you. It is your responsibility to keep contact information on file current and up to date at all times. LPA Host is not responsible for a lapsed services due to outdated or false contact information. If you want to verify or change this information, you can also contact support@lpahost.com.
   • It is highly recommended you have an email address from an alternate service provider (e.g. ISP, Gmail, Hotmail) on file. If we need to contact you because of an issue with your domain or services, email addresses hosted by us may not be working. In these rare circumstances, we will resort to using the alternative email addresses on file.

5) Zero Tolerance Spam Policy

1. We have a zero tolerance stance against sending out unsolicited email, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any customer sending out spam will have their account terminated.
2. Sites advertised in spam (“spamvertised”) may not be hosted on our servers. This includes spam sent by email, fax, phone, instant messaging, or usenet/newsgroups/forums/blogs.
3. LPA Host reserves the right to charge the customer a clean up fee for expenses incurred to remove the servers from blacklists. The cost of the clean up fee is at the discretion of LPA Host.

6) Cancellation / Refunds

1. LPA Host reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
2. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
3. Violations of the Terms of Service will waive the refund policy.
4. Cancellation must be done within 15 days of the expiration date in writing through our billing system (http://billing.lpahost.com).
5. Upon cancellation, all balances are immediately due. You will not be allowed to transfer your domain name away from our service until your balance is $0.00.
6. Upon cancellation, you may request:
   • All services to be cancelled immediately. We will delete the hosting account including files and emails and turn off all additional services.
   • Leave the services running until their expiration date. We won’t turn anything off, but we will prevent services from auto-renewing.
7. Domain names can take 2 weeks to complete a transfer to a new registrar. If you intend on moving your service to another provider, we suggest you begin the process 2-3 weeks before your expiration date of your hosting service or 60 days before your domain name expires. Some registrars do not allow transfers to be initiated if the domain is to expire within 45 days. When transferring to a new registrar, most registrars do not extend the expiration date of domain names that were renewed within the last 45 days. It saves you money if you transfer 60+ days before your renewal date.
8. If a domain name expires, it is held by the domain registrar for up to 4 months. During this “redemption” time period we can usually renew the domain for a fee of not less than $300. DO NOT attempt to let the domain name expire and re-register it somewhere else. The odds of you getting the domain name back are very small. Instead, contact support@lpahost.com and we will help you transfer the domain to a registrar of your choosing.
9. If no cancellation is received, all services will auto-renew on or before their expiration date.
   • Domain names auto-renew 30 days prior to expiration.
   • Email hosting and web hosting auto-renew on their expiration date.
   • Spam filtering services auto-renew 30 days prior to expiration.

7) Payment Information

As a client of LPA Host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify LPA Host of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by LPA Host. LPA Host reserves the right to bill your credit card or billing information on file with us. LPA Host provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to LPA Host for services rendered. Access to the account will not be restored until payment has been received.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@lpahost.com.

LPA Host reserves the right to change the monthly payment amount and any other charges at anytime.

8) Backups and Data Loss

Your use of this service is at your sole risk. We keep regular backups on file, but this service is provided to you as a courtesy. LPA Host is not responsible for files and/or 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 LPA Host servers.

Any account using more than 20 gigs of disk space will be removed from our off site backup.

9) Resource Usage

User may not:

1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes.
9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11. To help reduce usage, do not force html to handle server-side code (like php and shtml).
12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

10) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account, and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11) Uptime Guarantee
If your account has downtime that is not within the 99.9% uptime you may receive a prorated credit on your account for the duration of the downtime. Approval of the credit is at the discretion of LPA Host dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@lpahost.com with justification. All requests must be made in writing via email.

12) Reselling Services
LPA Host customers may not resell their webhosting space to other people. If you wish to resell hosting space, please contact billing@lpahost.com about setting up a reseller account or joining the affialte program.

13) Indemnification

Customer agrees that it shall defend, indemnify, save and hold LPA Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against LPA Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LPA Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LPA Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from LPA Host’s server.

14) Arbitration

By using any LPA Host services, you agree to submit to binding arbitration. If any disputes or claims arise against LPA Host or its subsidiaries, such disputes will be handled by an arbitrator of LPA Host’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Minnesota. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15) Disclaimer

LPA Host shall not be responsible for any damages your business may suffer. LPA Host makes no warranties of any kind, expressed or implied for services we provide. LPA Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LPA Host and its employees.

16) Disclosure to law enforcement

LPA Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17) Changes to the TOS

LPA Host reserves the right to revise its policies at any time without notice.