|LVS Online / LVS Hosting Terms of
Before you utilize any
of the services here on LVS Online / LVS Hosting, please read and understand these terms
Welcome to LVS Online / LVS Hosting. We at LVS Online /
LVS Hosting, and at LVS Online / LVS Hosting's parents, subsidiaries, and affiliates, do
our best to create an environment in which individuals of many different backgrounds are
able to express themselves through personal publishing, building a climate within which we
can all discuss the issues that face us in daily life, or just be entertained. It is the
goal of these Terms of Service to outline the responsibilities of those who participate in
the LVS Online / LVS Hosting community.
- LVS Online / LVS Hosting Services and Conditions of Use
These Terms of Service govern the use of the LVS
Online / LVS Hosting Web Sites (www.lvsonline.com, www.lvshost.com,
hosting.lvsonline.com), hereafter referred to as the "Site." The term
"LVS" shall be used to refer to LVS Online / LVS Hosting, and all parent
corporations, subsidiary corporations, and affiliates. The Site provides registered
members (each a "Member") with access to content and services
("Membership"). LVS may, at its discretion, add, delete, or modify the Terms of
Service without notice. By registering as a Member, you agree to use the Site in a manner
consistent with all applicable local, state and federal laws and regulations and in
accordance with the Terms of Service discussed below.
Basic LVS services and content are available FREE OF
CHARGE, exclusive of other Internet or other telecommunications fees.
LVS reserves the right to delete any page at any time for
any reason or no reason at all.
LVS may terminate any Membership (and any and all related
information, communications, postings, or Web pages) at any time, without notice, for
conduct that violates local, state or federal laws or regulations, these Terms of Service
or other policies or guidelines set out by LVS elsewhere on the Site, or for material that
LVS in its sole discretion believes is harmful to other Members, the business of LVS, or
other third-party information providers. Individuals who have had their Memberships
terminated may not continue to utilize member privileges in any manner or for any reason
without the express written permission of LVS.
- Terms of Membership
a) Membership is available to anyone over the age of 13 who accurately
provides all the required information, provides a legitimate electronic mail
address. LVS does not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, or sexual orientation. Children under the age of 13 can only
register with the express consent of a parent or guardian.
b) Please be courteous when selecting your LVS
Member Name. LVS does not permit the use of vulgar or offensive language for your Member
Name. You may not use the name of any person other than yourself, the name of any entity
or organization, or any term that is a trademark, service mark, or copyright, or that
violates any other proprietary right held by another. LVS may, at its discretion and
without notice, delete or revoke any Membership associated with a Member Name of this
c) At the present time, only past
or present students of LVS are eligible for free hosting at http://www.lvshost.com. Proof of class
registration may be requested by LVS personel at their discretion.
- LVS Member Web Page and Member Conduct Guidelines
The following is a non-exclusive list of actions and content that
are prohibited on the Site. LVS may cancel any Membership associated with such actions or
content or may remove any associated Member Web Page with or without prior notice, in its
a) Any use of copyrighted, trademarked, patented
or servicemarked material without the express permission of the author or owner, the
commission of any acts of copyright, trademark, patent, trade secret or other intellectual
property infringement, or contributing to, inducing, or facilitating such infringement.
This prohibition shall include, without limitation, the following forms of software
- Making available copyrighted software which has been
"cracked", for example, the copyright protection has been removed from the
- Making available serial numbers for software that can be
used to illegally validate or register software;
- Making available tools that can be used for no purpose
other than for "cracking" software (this does not include tools that have
legitimate uses for software developers, system administrators, etc.);
- Making available any software files for which the user
does not own the copyright or have the legal right to make available.
b) Material concerning any software, information
or other material that contains a virus, corrupted data or any other harmful or damaging
c) Material that exploits the images of children
under 18 years of age, or that discloses personal identifying information belonging to
children under 18 years of age. LVS reserves the right to report violations of this
provision to, and will cooperate with, law enforcement authorities.
d) Material that is, in LVS's view, grossly
offensive to the LVS Community, including, but not limited to clear expressions of
bigotry, racism, or other hate speech, or threats of violence.
e) Pages that promote illegal activity and any
promotion of or provision of instructions for illegal activity.
f) Material that defames, abuses, or threatens
others or is libelous.
g) Material that is invasive of privacy or
publicity rights, including posting another person's private information.
h) Material that
- depicts adult or pornographic content;
- is contrary to customary standards for material suitable
for public display; and
- lacks serious literary, artistic, political, educational,
or scientific value.
i) Use of a Member Web Page as storage for remote
loading, or as a door or signpost to another home page.
j) Creation of a Member Web Page that contains
hyperlinks to content not permitted on LVS.
k) Transmission of unsolicited advertising,
promotional materials, or other forms of solicitation via email or news groups that lists
a Member Web Page.
l) Development of Member Web Pages that restrict
access to pages through the use of password protection or other means, other than through
services provided by LVS.
m) Misrepresentation of your identity or
impersonation of any person including, but not limited to, employees of LVS.
n) Use of LVS for the purpose of gathering
personal identifying information from individuals for commercial or unlawful purposes.
o) Acting in a manner that disrupts the flow of
normal conversation in a chat room including, but not limited to, the harassment of other
members, the use of vulgarity, or the use of hate speech.
p) Conduct that is deemed by LVS, in its sole and
absolute discretion, harmful to LVS, any third party content provider, or other
q) Materials regarding or links to any raffle,
contest or game requiring payment of a fee by participants.
r) If there is no activity related to a Member Web
Page for ninety days.
s) Any use of a Member Web Page in connection with
"spamming" or the sending of unsolicited messages.
t) Any use of a Member Web Page
for commercial reasons. Hosting for commercial purposes is available at
All judgments concerning the application of these
guidelines are made at the sole and absolute discretion of LVS.
If, in its sole discretion, LVS determines that law
enforcement officials or other necessary persons should be notified regarding any Member
Web Page, LVS will provide copies of the Member Web Page in question to the appropriate
officials without notice to the user. LVS will cooperate with all law enforcement efforts
to locate persons who have posted Member Web Pages that are illegal or that promote
illegal conduct. This may result in LVS disclosing to law enforcement officials or other
necessary persons user information and Internet protocol addresses pursuant to valid legal
process (such as a court order, subpoena or search warrant), in circumstances where LVS,
in its sole discretion, deems appropriate at the request of law enforcement officials, or
to protect the personal safety of our users or the public.
- Reporting a Violation of these Terms of Service
If you witness a violation of these guidelines, please notify us
at firstname.lastname@example.org . Complaints may be
investigated by LVS but LVS is under no obligation to act or not act with regards to any
complaint. Any action taken will be at the sole discretion of LVS.
It is the policy of LVS to respond expeditiously to
claims of intellectual property infringement. LVS will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying or substantially complying with the DMCA, LVS will
act expeditiously to remove or disable access to any material claimed to be infringing or
claimed to be the subject of infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed to be
infringing. LVS will terminate access for subscribers and account holders who are repeat
infringers. Notices of claimed infringement should be directed to:
Please put "Notice of Infringement" in the
subject line of all such notifications.
When LVS removes or disables access to any material
claimed to be infringing, LVS may attempt to contact the user who has posted such material
in order to give that user an opportunity to respond to the notification, although LVS
makes no promise to do so. Any and all counter notifications submitted by the user will be
furnished to the complaining party. LVS will give the complaining party an opportunity to
seek judicial relief in accordance with the DMCA before LVS replaces or restores access to
any material as a result of any counter notification.
If LVS becomes aware of the presence of material on its
server that violates any other right of any party, either in the course of its ordinary
and reasonable business activities, or through notification by a third party who alerts
LVS, preferably by certified mail, of the specific location of the alleged presence of
such materials, LVS will contact the Member responsible for the material and alert him or
her of the allegations and notify the person that within five days he or she must respond
as to why the material does not violate the rights in question. LVS also will alert the
Member that, absent such a response, LVS reserves the right to delete the Member Web Page;
and, if the member fails to respond within five days, LVS will make a decision whether to
remove the Member Web Page. In all cases, if in its sole and absolute discretion, LVS
concludes that one of the Member Web Pages violates the rights of any other party, LVS
reserves the right to delete the offending Member Web Page at any time without prior
- Limitations of Liability and Warranty
a) THE MEMBER AGREES THAT THE USE OF THE SITE IS ENTIRELY
AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED FREE OF CHARGE, ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LVS DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, LVS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS
PROVIDED IN THE SITE. NEITHER LVS NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY
WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN
CONJUNCTION WITH THE SITE.
b) UNDER NO CIRCUMSTANCES SHALL LVS BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF LVS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO
USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES
OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE
SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR THE LYCOS NETWORK. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
c) LVS MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS
OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE
ASSOCIATED STORAGE FACILITIES. LVS IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF
ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB
PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR
d) The Member specifically agrees that LVS and
third party content providers are not liable for any conduct by Members associated with
the Site, including, but not limited to, Member Web Pages.
e) LVS and third-party content providers make no
guarantee of the accuracy, correctness, or completeness of any information on the Site and
are not responsible for
- any errors or omissions arising from the use of such
- any failures, delays, or interruptions in the delivery of
any content or services contained within the Site; or
- losses or damages arising from the use of the content or
services provided by the Site.
f) LVS is not responsible for the delivery of any
goods or services sold or advertised through its sponsors, advertisers or its members'
commercial home pages or affiliate program pages.
g) LVS makes available certain information
provided by third parties related to various professional fields such as medicine, law,
and accounting. LVS does not give advice in any such fields and in no way endorses any of
the information provided in this manner. If you intend to use any such information, you
should carefully re-read capitalized words set forth above, as they will have special
importance for you. All information made available through the Site is made available
subject to these Terms of Service, including this Section 8. LVS STRONGLY SUGGESTS THAT
YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
- Indemnity and Release
Each Member agrees to indemnify LVS and any third-party content
provider against any and all claims and expenses, including attorneys' fees, arising from
the Member's use or misuse of the Site. This includes, without limitation:
- Member's responsibility for any and all liability arising
from the violation or infringement of proprietary rights, copyrights, trademarks, or
- Member's responsibility for any and all liability arising
from any libelous or unlawful material contained within Member Web Pages.
By using the Site and any other sites on LVS you are
hereby agreeing to release LVS and its affiliates, officers, directors, and employees from
any and all claims, demands, debts, obligations, damages (actual or consequential), costs,
and expenses of any kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against them arising out of or in
any way related to such disputes and/or to LVS products and services. You hereby agree to
waive all laws that may limit the efficacy of such releases.
- Merger Clause
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter contained herein and supersedes any other agreement,
proposals and communications, written or oral, between LVS representatives and each Member
with respect to the subject matter hereof. LVS may amend these Terms of Service at any
time without notice.
We hope your enjoyment of LVS's services and content will
be enhanced by the application of the Terms of Service outlined in this document. It is
our belief that you understanding of the guidelines that we have sent forth will allow the
LVS community to continue to be a place where each of us can prosper, grow, and enjoy
ourselves within an open and non-threatening environment. Thank you for taking the time to
read the LVS Terms of Service and we hope you enjoy our services.
- Hosting Account Policies and Cancellation:
Cancellation requests can be submitted via our ticketing system at
Although no advance notice is required, and there is no cancellation
fee, all fees paid for service up to the notice of cancellation are non-refundable. If
cancellation is made within the first 30 days of service all hosting fees will be
refunded. This does not include fees for domain registration, which are nonrefundable.
Accounts are payable in full at the time the account is
created. Accounts paid via credit card are subject to suspension if payment cannot be
processed when the account is created. If payment by check or money order is selected,
payment must be received within two (2) weeks of account activation or the account will be
suspended without further notice to the end user. New accounts that remain past due thirty
(30) days after account activation are subject to termination. Any account reaching thirty
(30) days past due is subject to suspension for nonpayment. Such accounts are subject to
termination after forty-five (45) days in a past due state.
Release of domain names will not be authorized until all
monies owed have been paid. We reserve the right to proceed with collection efforts
to include pursuing payment in a court of law. The laws of The United States
and the State of Georgia will preside over this agreement as well as the services
Activity which results in a suspension or deactivation of
an account will result in a forfeiture of fees paid. Complaints made regarding abuses of
an account will be grounds for suspension.
A suspension resulting in non-payment will require all
past due fees to be paid and a re-activation fee of $15.00 US in order to re-establish
Refusal of Service:
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
All sub-networks, distributive hosting sites, and
dedicated servers of LVS Hosting must adhere to the above policies. Please direct any
reports of violations of the above policies to email@example.com.
Failure to follow any term or condition will be grounds
for immediate account deactivation.