Legal Agreements

Services provided by “hostseo.com” are governed by the following agreements

Terms of Service ________ Last Revision: 21-03-2013

Our Responsibilities

Hostinglawn™ Networks agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. Hostinglawn™ Networks reserves the right to refuse any potential customer, at the sole discretion of Hostinglawn™ Networks. The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. Hostinglawn™ Networks will be the sole arbiter as to what constitutes a violation of the AUP. Hostinglawn reserves the right to remove any account without prior notice.

Changes

The TOS and AUP are both subject to change at any time at the sole discretion of Hostinglawn™ Networks, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.

Refunds

Only all hosting services rendered by Hostinglawn™ Networks are eligible for a limited refund. Refund covers the Hosting service plan itself, and does not include any other services such as ssl certificate, domain registration etc. Refunds are only offered within 25-days of account registration, and only applies to the first service of a new client. Additional orders are not eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reason only which can’t be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.

Suspension

If any violation of these rules will occur Hostinglawn reserves a right to suspend a violating account. You, as an administrator, will have a permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after you will reactivate account or any violation will occur in future by the same account, Hostinglawn reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). Root user will always safe from any violated action caused by their end user.

Billing Methodology and Information

Hostinglawn™ Networks invoices for all services 10 days prior to the due date. You are responsible for arranging payment by the due date. If you want to cancel your service you need to inform us before 10 days of overdue date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 5 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 20 days past due, all services affiliated with the invoice are subject to immediate termination. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.

Fraud

In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of Hostinglawn™ Networks. All information available to Hostinglawn™ Networks about the fraudulent account will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.

Disputes and Chargebacks

The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal, Payza, Skrill or their Credit Card issuer will result in a suspension of all services and a fine of $100 will be assessed to the customer’s account. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.

Financial Liability

The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Hostinglawn™ Networks, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Hostinglawn™ Networks. The Customer further acknowledges that Hostinglawn™ Networks’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. Any attempt to violate TOS/AUP agreement is strictly prohibited and may result in immediate termination of services rendered by Hostinglawn without refund. Hostinglawn is the sole arbiter as to what constitutes a violation of the above provisions. A fine of one-hundred-fifty (150) USD may be implemented for intentional server abuse, tos/aup violation.

Support

Hostinglawn™ Networks provides hardware support related to customers server functioning. Hostinglawn™ Networks does not offer software support if the service is not Fully Managed. Hostinglawn™ Networks only guarantees the default installation of any software under fully managed hosting, and in no way assumes liability for the configuration of any software. Hostinglawn™ Networks is not responsible for any data loss associated with mis-configuration of scripts. Hostinglawn™ Networks may provide enhanced site development support (including script configuration and integration), for an additional fee. Please ask sales or billing for enhanced site build-up support pricing. Hosting customers may request for new php extensions or, features on support ticket. Hostinglawn™ Networks does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of Hostinglawn™ Networks.

Data and Backups

We perform weekly backups on all of our servers to ensure critical files are never lost. Our servers having Hardware Raid10 array enabled Harddrives, so primary drives data also mirroring on secondary drives. Our server does not create daily backups for users sites, you must manually create a backup that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Transfer / Migration

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Free transfer facilities are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. Hostinglawn reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

DMCA Complaints

Hostinglawn™ Networks handles any and all DMCA complaints very seriously, and will investigate them. Hostinglawn™ Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at abuse@hostinglawn.com with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble. Click here < to get instructions for DMCA and Abuse complain procedure.

Usage and Overages

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Hostinglawn™ Networks web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting provider not a remote file storage provider. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

Customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer’s programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use more than 200% of two CPU cores for more than 2 minutes.

IP Blacklists

If any Customer or any Third Party User that is a customer of our Customer uses Hostinglawn™ Networks services, network, or its physical Information in a manner that causes Hostinglawn™ Networks, or any IPs issued by Hostinglawn™ Networks to be blacklisted or blocked, Hostinglawn™ Networks reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical Information. Operating Hostinglawn™ Networks service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Security

Users are prohibited from violating or attempting to violate the security of the Hostinglawn™ Networks. Violations of system or network security may result in civil or criminal liability. Hostinglawn™ Networks will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of ‘overloading’, ‘flooding’, ‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. HostSEO™ Networks will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Denial of Service Attacks

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.

Liabilities

Hostinglawn™ Networks, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Hostinglawn™ Networks be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

Payment Verification

Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of Hostinglawn™ Networks. The fraud checks require scan copy of CreditCard Authorization Form by Hostinglawn™ Networks, a front side screenshot of the Credit Card used as payment, as well as a valid scan copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment done by Credit/Debit Cards and Payza. If payment made from unverified PayPal accounts, we may ask for verification documents as well.

Acceptable Usage Policy ________ Last Revision: 29-06-2009

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Hostinglawn (.pvt) Limited and its subsidiaries (‘Company’) governing the use by the Customer (‘Customer’) of the Company’s grid container services and products (‘Services and Products’). Hostinglawn (.pvt) Limited is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. For over a decade we’ve been cutting through the frustration of under-performing technology and poor service, delivering the power of the web to any organization that needs it. Any violation of the AUPs may result in the suspension or termination of your account or such other action as HSTINGLAWN deems appropriate. We reserve the right to modify the Policy at any time. HostINGLAWN (.pvt) Limited will be the sole arbiter as to what constitutes a violation of any of these provisions.

Statement of Purpose

The Primary Purpose of Hostseo (.pvt) Limited is to provide our clients with the resources necessary to put their internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs. This Acceptable Use Policy includes the following list of Prohibited Activities, is an integral part of your Hosting Agreement with us. If you engage in any of the activities prohibited by this AUP policy, Hostseo (.pvt) Limited may suspend or terminate your account at any time. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

Regarding Ultimate Liability

The Customer is ultimately responsible for individual server security. Each Customer must use reasonable care in keeping scripts they run on the HOSTINGLAWN’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. Hostinglawn (.pvt) Limited claims no liability for content.

What is NOT Permitted, this list contains SOME examples for clarity:

HOSTINGLAWN’s services may only be used for lawful purposes. Users may not use HOSTINGLAWN’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

●  Utilizing the Services to send mass unsolicited e-mail to third parties.
●  Utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
●  Utilizing the Services in connection with any illegal activity, such as:
            > Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
            > Pirated Software/Warez
            > Bruteforce Programs/Scripts/Applications
            > Mail Bombers/Spam Scripts
            > File Dump/Mirror Scripts (similar to rapidshare)
            > Hateful/Racist/Harassment oriented sites
            > Hacker focused sites/archives/programs
            > Sites promoting illegal activities
            > Forums and/or websites that distribute or link to warez/pirated/illegal content
●  Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
●  Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party.
●  Gain unauthorized access to the computer networks of HOSTINGLAWN or any other person.
●  Commercial Audio Streaming (more than 10+ streams)
●  Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt, destroy or damage the operation of the Services.
●  Proxy Scripts/Anonymizers.
●  Violate any applicable state, federal and international law.
●  IRC Scripts/Bots. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
●  Post messages, run scripts or run software programs that consume excessive CPU time or storage space.
●  Escrow/Bank Debentures.
●  Intended to use more than fair usage of DiskSpace / Bandwidth / Memory to disrupt service.
●  Sale of any controlled substance without prior proof of appropriate permit(s).

Customer Responsibility for Customer’s Users

Each Hostinglawn (.pvt) Limited customer is responsible for the activities of its users and, by accepting service from Hostinglawn (.pvt) Limited, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Hostinglawn (.pvt) Limited customer will be forwarded to the Hostinglawn (.pvt) Limited customer’s postmaster for action. If violations of the Hostinglawn (.pvt) Limited Acceptable Use Policy occur, Hostinglawn (.pvt) Limited reserves the right to terminate services with or take action to stop the offending customer from violating our AUP as Hostinglawn (.pvt) Limited deems appropriate, without notice.

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Hostinglawn (.pvt) Limited, but also because it can overload Hostinglawn (.pvt) Limited network and disrupt service to Hostinglawn (.pvt) Limited subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Hostinglawn (.pvt) Limited will investigate and shutdown the account that is spamming.

Hostinglawn (.pvt) Limited does not allow the use of mail servers for bulk mailing in any form, newsletters and or subscription lists may be used with prior authorization from Hostinglawn (.pvt) Limited and under no circumstances are you permitted to send out any form of bulk emails on behalf of another person, company or other.

Passwords

You agree not to use weak passwords for any services running on standard ports, if your server is compromised as a result of a weak password your service will be suspended without warning, for a password to be considered acceptable it must contain at least 1 x special character 1 x Upper case letter 1 x lower case letter 1 number.

Adult-Oriented Content

Hostinglawn (.pvt) Limited allows 18+ adult content that is deemed legal in the Country and state your Services are located in. Child Porn not allowed. Hostinglawn (.pvt) Limited reserve the right to request and or remove any content it deems illegal or offense.

Remedies

If HOSTINGLAWN learns of a violation of the AUP, then HOSTINGLAWN may take any of the following actions, in accordance with the severity and duration of the violation:

        ●  Warning the User.
        ●  Removing the offending content.
        ●  Suspending the offending User from the Services.
        ●  Terminating the offending User from the Services.
        ●  Imposing fees or charges on the offending account in accordance with the applicable service contract.
        ●  Taking other action in accordance with this AUP, the applicable service contract, or applicable law.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

Privacy Policy ________ Last Revision: 25-05-2018

Hostinglawn are proud to provide services that are easy to understand, and we strive for the same level of clarity in the policies that govern our service. As you may know, the European Union will begin enforcing new data protection legislation next month called the General Data Protection Regulation (GDPR). It’s a huge step forward in holding service providers like ourselves accountable for how they store and use your personal data in the European Union, and we’ve taken this opportunity to review our practices for everyone. Most of our policies are already aligned with the GDPR’s requirements, but we did need to make a few changes to our Privacy Policy and Terms of Service.

The Information We Collect

This notice applies to all information collected or submitted on the HostSEO’s website. On some pages, you can order services and make requests. The types of personal information collected at these pages are:
Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)

The Length We Retain Information

The personal information we collect is retained for no longer than necessary to fulfil the stated purposes in section 2 above or for a period specifically required by law or regulation that Hosting UK is obligated to follow.

Personal data used to fulfil verification of certain types of products such as SSL certificates and Domain names, and this data will be retained for a minimum of 10 years depending on the class of product or service and may be retained in either a physical or electronic format.

Even if you request deletion or erasure of your data, we may retain your personal data to the extent necessary and for so long as necessary for our legitimate business interests or performance of contractual obligations.

After the retention period is over, Hostinglawn securely disposes or anonymises your personal information in order to prevent loss, theft, misuse, or unauthorised access.

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security

We keep the information covered by our Privacy Policy indefinitely. Information collected by the technologies described in this Privacy Policy is protected by SSL 256 bit encryption technology during transmission. Information kept by us in our business is protected using industry standard security measures. Our employees are required to keep information covered by this Privacy Policy confidential, unless disclosure is authorized in this Privacy Policy or by Users. No means of communication or information transmission or storage is totally secure. Because of this we are not responsible for loss corruption or unauthorized acquisition and use of information covered by this Privacy Policy, or for any resulting damages, including unauthorized acquisition and use.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by accessing our billing system under “Edit Account”. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Follow relevant laws

Hostinglawn commits itself to protect the personal information submitted by applicants and subscribers for its public certification services. Hostinglawn declares to fully respect all rights established and laid out in European laws and operates within the limits of the: European Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Opting out; withdrawing consent

If at any time you would like to unsubscribe from receiving future periodic emails, we include unsubscribe instructions at the bottom of each email.

If Hostinglawn is processing your personal data based on your consent, you may withdraw your consent at any time by contacting us at one of the addresses shown below.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please send us an email to “hostmaster@hostinglawn.com“;

Report Abuse ________ Email: abuse@hostinglawn.com

Hostinglawn requires DMCA/Abuse notices to be filed via E-mail or Letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA/Abuse complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, https://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Format You Need to Follow

To expedite our ability to process your request, please use the following format (including section numbers):
 

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on https:// www. realwebsite .com/”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.

    An example:
              Infringing Web Pages:
              URL | 1 | https:// www. thewebsite .com/ directory/
              URL | 2 | https:// www. thewebsite .com/ something/blah
  3. Provide information reasonably sufficient to permit us to contact you.
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.
  8. If via postal mail, send the written communication to the following address:

    Hostinglawn Networks
            Attn: Abuse Department, DMCA Complaint
            House-14/16, Road-1, Block-F, Banasree
            Dhaka 1219, Bangladesh

    OR, Email with Digital Signature to: abuse@hostinglawn.com, [Attn: Abuse Department, DMCA Complaint]

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public. In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

Phone / Fax

You can also report to our Helpdesk at: +8801811117455 or, +8809666700005 and Fax: +88028399009 for immidiate action to takedown abusive materials from the server.

 

Acceptable Usage Policy ________ Last Revision: 29-06-2009

Hostinglawn Networks offers hosting packages bundled with limited or unlimited resources like disk space and/or other resources, such as data transfer, email accounts, databases etc. The use of Hostinglawn’s products and services are governed by a Fair Use Policy, stated here, which covers the fair use of bandwidth and other resources on shared and reseller hosting plans, where there is an indication of “Unmetered/Unlimited” data transfer or, storage capacity. – [R/18-12-2016]

The term “Unlimited” or, “Unmetered”

Hostinglawn.com helps you to create large websites without worrying about ceiling or in other words, the upper limit. It provides for Unlimited space usages and bandwidth that allows you to add any amount of content to the website. People are thinking that hard disk size limited as 6TB, 10TB etc. But how can Hostinglawn gives unlimited webspace? The actual concept is we do not give unlimited hard disk space, we are giving unlimited usages of web space. It means that if u will use 100 GB space then we will add more hard disk to our server or we will add new server in our network. Like that we will fulfill your unlimited resource usages.

When you use the service provided by Hostinglawn, the visitors of your website also stand to benefit from it. They are able to view unlimited content and page on your website. The server allows for unlimited data transfer as well. You can add more content every month and enjoy unlimited disk space and data transfer through the Our server.

It has been noticed that people who make use of Hosttinglawn.com are able to gain to unlimited disk space and bandwidth. But this is subject to the appropriate usage of the package offered. However, Hostinglawn has certain constraints related to the type of material that may be added to the website. The server does not allow you to upload unnecessary pirated software, unnecessary audio or video files. But audio / video streaming is supported. File sharing with copyrighted file is supported. For example, a software developer can release his software with us, a DJ can publish his album with us without any issue, they are (or, like them) most welcome to our host.

Following (including but not limited to), is NOT PERMITTED

1. Use of account as massive file storage, or in other words, as a space for files that are not elements of your website.

2. Use of account as large backup storage.

3. Storage of mass amount of file archives (such as zip,rar,gzip,7z etc), video files, audio files, documents, log files etc. and if those are not related with your websites.

4. Hosting High Resource Intensive Web Portals under shared hosting. (In such case consider upgrading the account to dedicated hosting, vm/vps/dedicated server plan)

5. Mass newsletter subscription based services. (Consider Business Email Hosting or, VPS/Dedicated server)

6. FTP or File Sharing services.

7. Use of hosting as a “mirror” for other websites.

8. Sharing of your account with 3rd party without consent.

9. Reselling of personal accounts or, offering large amount of free webhosting services with .ml .cf .tk etc domains. (except accounts hosted under reseller packages or, vm/vps/dedicated servers)

Illegal Activity

Customer may only use Hostinglawn Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Hostinglawn Web Hosting’s Server. Also, using HostSEO’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well. Illegal contents including, but not limited to pirated software, music, films, applications or other media stored in any file formats or extension. Having high-limit or unlimited access to resources does not mean, that you can use your account in a such a way that it negatively affects the server operation. Hostinglawn reserves the right to limit users to a lower resource limit to preserve the effectiveness of the service for all users.

Abusive Scripts/Processes

Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared/reseller hosting environment. We only accept these only our Dedicated Hosting environment (such as VM/VPS/Dedicated Server).

What files can I store on the web-server?

As long as your files tie directly into your website, are legal under applicable laws, and are linked to and displayed on your website, then you can store them on your account. Where possible issues arise is when one user attempts to offload all of their storage needs onto the web-server. It’s important to realize that a web-server, and our hosting network is optimized to handle website related files. The service is not a mass file storage one like Google Drive, Dropbox etc.

For instance if you have a folder with 25GB worth of pictures you’ve taken with your camera over the years. simply uploading these thousands upon thousands of images to your /public_ftp directory for storage is not related to your website. At that point you’d simply be utilizing the web-server as a file repository.

Why don’t I want to store everything on the web-server?

One important factor why you don’t want to cluter up your web-hosting account with un-related files is that our automatic remote backup service is only free on accounts under 10GB in size for Silver and Gold Cloud account. The automatic backup is free up to 30 GB for Business Cloud accounts.

As a shared-hosting customer you share the total web-server resources such as disk space with other customers. As such if everyone decided to upload all of their home photos to the web-server, things could quickly fill up, and you might not have room for store logos, or actual website related content.

Also last but not least, there are storage services available online where the specific purpose of those networks are to store mass volumes of backup data. Offloading your online storage needs to these types of services is generally easier to manage and keep track of than managing your files over FTP.

Hey, that doesn’t sound very “Unlimited” to me!

Actually, for you, my dear Legitimate Website Owner, it is unlimited.

This whole page is just to announce to the <.1% of people who want to try and run free porn affiliate sites or anime video trading forums or host pirated rips of The Dark Knight on our servers that we’re not having any.

But our pledge to you is to do our best to always keep your website, with the content you created.

How To Contact Us

Should you have other questions or concerns about these fair usage policies, please send us an email to “hostmaster@hostinglawn.com“;

Services SLA ________ Last Revision: 13-10-2014

We understand the necessity of high availability to our customers and make every effort to provide services that consistently exceed your expectations. The following service levels are designed to assure you of ultimate performance and maximal uptime. Each service level specifies the Service it is applicable to, the service level that applies, and how service credits are calculated for each service.

Hostinglawn Networks provide a reactive hosting service for all websites and offer a 100% of Guarnteed Network Uptime. We do not constantly check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the client to ensure their website is opporating as it should. ‘Always on’ and ‘managed hosting services’ support can be provided and can be quoted on on a case-by-case basis.

Power And Service Availability

Hostinglaen guarantees that its power and service will be available 100% of the time in a given month. You will get Service Credit of Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime.

Replacement Guarantee

Hostinglawn guarantees the functioning of all Hardware/Services, and will replace or repair any failed component at no cost to you within 1 hour of Team Hostinglawn’s identification of the failed hardware/services (the “Replacement Guarantee”).

Network Uptime

Due to our extensive network infrastructure, Hostinglawn can provide its customers with a 100% Network Uptime Guarantee. In the event that any service does not experience 100% uptime in a given month, Hostinglawn will credit 5% of customer’s base monthly service fee for the first hour of downtime and subsequently an additional 5% for each hour of downtime thereafter with a maximum of an 80% refund. Any emergency scheduled downtime taken by Hostinglawn will not apply towards this downtime calculation, nor to the credit calculation. This guarantee applies to Hostinglawn’s network uptime and not to any hardware, software or services running on a customer’s server. Account credits will be issued when an SLA credit request is made by the client. All requests for credits must be made within 3 days of the incident. All requests for credits must be made by creating a support ticket at https://robot.hostinglawn.com to BILLING department.

Exceptions

Hostinglawn cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence including but not limited to the following circumstances:

i) Circumstances beyond Hostinglawn’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Hostinglawn SLAs;

ii) Failure to access circuits to the Hostinglawn’s Network, unless such failure is caused Solely by Hostinglawn.

iii) Scheduled maintenance and emergency maintenance and upgrades. Hostinglawn reserves up to 1 hour of server unavailability per month for maintenance purposes.

iv) DNS issues outside the direct control of Hostinglawn.

v) False SLA breaches reported as a result of outages or errors of any Hostinglawn’s uptime monitoring system.

Net MRC means

In respect of hosting services, the monthly recurring charge for the affected hosting Service for the configuration experiencing the issue, but excluding any add-on or optional Services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. In respect of Cloud Services, your Net MRC will be based on your previous month’s usage for the affected Service where applicable or, alternatively, your average usage for the affected Service being pro-rated.

Technical Support

Hostinglawn provides Customer with fully managed technical support on setup of Customer’s account on one or more of the Hostinglawn’s servers, access, and other server related issues to the primary technical contact free of charge. Our servers are monitored 24 hours per day, 7 days per week, 365 days per year and support agents are available by Livechat, Support Ticket (Helpdesk System) or, E-mail as posted in the support section of the Company’s website. Please send us a message with the full description of the problem and Customer’s account username. Please do not send multiple messages on the same issue. Email issues must be addressed to the appropriate email account specified in the support section of the Company’s website.

Response times

Support, unless noted otherwise in a supplementary service level agreement, technical support is provided by Hostinglawn on a first-come, first-served “best effort” basis. We aim to at least acknowledge, if not fully answered, all emails to our advertised support address (support@hostinglawn.com) within 1 working hour. We aim to answer the phones during working hours, but under times of high demand or staff sickness, may defer to an answering service where we promise to return all messages as soon as possible.

Terms of Service ________ Last Revision: 21-03-2013

Our Responsibilities

Hostinglawn™ Networks agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. Hostinglawn™ Networks reserves the right to refuse any potential customer, at the sole discretion of Hostinglawn™ Networks. The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. Hostinglawn™ Networks will be the sole arbiter as to what constitutes a violation of the AUP. Hostinglawn reserves the right to remove any account without prior notice.

Changes

The TOS and AUP are both subject to change at any time at the sole discretion of Hostinglawn™ Networks, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.

Refunds

Only all hosting services rendered by Hostinglawn™ Networks are eligible for a limited refund. Refund covers the Hosting service plan itself, and does not include any other services such as ssl certificate, domain registration etc. Refunds are only offered within 25-days of account registration, and only applies to the first service of a new client. Additional orders are not eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reason only which can’t be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.

Suspension

If any violation of these rules will occur Hostinglawn reserves a right to suspend a violating account. You, as an administrator, will have a permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after you will reactivate account or any violation will occur in future by the same account, Hostinglawn reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). Root user will always safe from any violated action caused by their end user.

Billing Methodology and Information

Hostinglawn™ Networks invoices for all services 10 days prior to the due date. You are responsible for arranging payment by the due date. If you want to cancel your service you need to inform us before 10 days of overdue date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 5 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 20 days past due, all services affiliated with the invoice are subject to immediate termination. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.

Fraud

In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of Hostinglawn™ Networks. All information available to Hostinglawn™ Networks about the fraudulent account will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.

Disputes and Chargebacks

The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal, Payza, Skrill or their Credit Card issuer will result in a suspension of all services and a fine of $100 will be assessed to the customer’s account. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.

Financial Liability

The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Hostinglawn™ Networks, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Hostinglawn™ Networks. The Customer further acknowledges that Hostinglawn™ Networks’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. Any attempt to violate TOS/AUP agreement is strictly prohibited and may result in immediate termination of services rendered by Hostinglawn without refund. Hostinglawn is the sole arbiter as to what constitutes a violation of the above provisions. A fine of one-hundred-fifty (150) USD may be implemented for intentional server abuse, tos/aup violation.

Support

Hostinglawn™ Networks provides hardware support related to customers server functioning. Hostinglawn™ Networks does not offer software support if the service is not Fully Managed. Hostinglawn™ Networks only guarantees the default installation of any software under fully managed hosting, and in no way assumes liability for the configuration of any software. Hostinglawn™ Networks is not responsible for any data loss associated with mis-configuration of scripts. Hostinglawn™ Networks may provide enhanced site development support (including script configuration and integration), for an additional fee. Please ask sales or billing for enhanced site build-up support pricing. Hosting customers may request for new php extensions or, features on support ticket. Hostinglawn™ Networks does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of Hostinglawn™ Networks.

Data and Backups

We perform weekly backups on all of our servers to ensure critical files are never lost. Our servers having Hardware Raid10 array enabled Harddrives, so primary drives data also mirroring on secondary drives. Our server does not create daily backups for users sites, you must manually create a backup that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Transfer / Migration

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Free transfer facilities are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. Hostinglawn reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

DMCA Complaints

Hostinglawn™ Networks handles any and all DMCA complaints very seriously, and will investigate them. Hostinglawn™ Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at abuse@hostinglawn.com with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble. Click here < to get instructions for DMCA and Abuse complain procedure.

Usage and Overages

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Hostinglawn™ Networks web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting provider not a remote file storage provider. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

Customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer’s programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use more than 200% of two CPU cores for more than 2 minutes.

IP Blacklists

If any Customer or any Third Party User that is a customer of our Customer uses Hostinglawn™ Networks services, network, or its physical Information in a manner that causes Hostinglawn™ Networks, or any IPs issued by Hostinglawn™ Networks to be blacklisted or blocked, Hostinglawn™ Networks reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical Information. Operating Hostinglawn™ Networks service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Security

Users are prohibited from violating or attempting to violate the security of the Hostinglawn™ Networks. Violations of system or network security may result in civil or criminal liability. Hostinglawn™ Networks will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of ‘overloading’, ‘flooding’, ‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. HostSEO™ Networks will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Denial of Service Attacks

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.

Liabilities

Hostinglawn™ Networks, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Hostinglawn™ Networks be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

Payment Verification

Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of Hostinglawn™ Networks. The fraud checks require scan copy of CreditCard Authorization Form by Hostinglawn™ Networks, a front side screenshot of the Credit Card used as payment, as well as a valid scan copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment done by Credit/Debit Cards and Payza. If payment made from unverified PayPal accounts, we may ask for verification documents as well.

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