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 Lomag Internet Services, LLC hereafter referred to as "Lomag.Net" provides internet world wide web page hosting, shell accounts, DNS hosting, and colocation services. Lomag.Net has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. Lomag.Net general policy is to act as a neutral provider of access to the global Internet. Lomag.Net reserves the right to suspend or cancel a customers access to any or all services provided by Lomag.Net when Lomag.Net decides that the account has been used inappropriately. Specific Acceptable Use Policies Shell Account Policies A) Participation in denial of service attacks from Lomag.Net's servers is strictly prohibited. B) The customer is responsible for all denial of service attacks they may receive and must try their best to prevent such occurrences. If a customer is found to be receiving denial of service attacks frequently their account may be suspended or canceled at the discretion of Lomag.Net management. C) There are to be no war bots, xdcc bots, takeover bots, or abusive eggdrop bots run on Lomag.Net's servers. D) Eggdrop bots may only be run on servers that specifically allow them. E) There is to be only one connection per process connecting to irc excluding ircd processes. F) There are to be no IRC connections made from any main Lomag.Net server IP address or any other Lomag.Net hostname. All connections to IRC should be made from our virtual hostnames. G) We do not permit shoutcast servers, any type of game/mud servers, or any processes that consume a large amount of bandwidth and/or system resources to be run from Lomag.Net servers. H) IRCD processes may not be run from our BNC Shell, Basic Shell, Advanced Shell, Premier Shell or Ultra Shell account plans. The IRCD process may only be run from our IRCD Shell which assigns a specific IP address for the IRCD process. There is to be one IRCD run per IRCD Shell, no exceptions. I) IRCD Shells are initially alloted 250 kbps of bandwidth (Level 1). Should an IRCD Shell consume greater than the alloted bandwidth they will be asked to upgrade to the next Level of bandwidth or to limit the users on their server to keep their ircd's usage within the threshold of alloted bandwidth. Use of Our Servers Web sites and shell accounts are to be used by the primary owner only. Customers are not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Unauthorized Use of Other People's Accounts or Computers Lomag.Net will strongly react to any use or attempted use of an internet account or computer without the owner's authorization. Such attempts include tricking other people into releasing their passwords, password cracking, security hole scanning etc... Any unauthorized use of accounts or computers by a Lomag.Net customer, whether or not the attacked account or computer belongs to Lomag.Net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Commercial Advertisements with E-mail - Spamming Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Customer Account & File Backups Lomag.Net assumes no responsibility for failed backups, lost data, or data integrity. Lomag.Net from time to time backs up data on its servers, but is under no obligation or duty to customer to do so under these policies. It is solely the customers duty and responsibility to backup customer's files and data on Lomag.Net servers, and under no circumstance will Lomag.Net be liable to anyone for damages of any kind under any legal theory for loss of customer files and/or data on any Lomag.Net server. About Unlimited Bandwidth (for web hosting accounts only!) Lomag.Net does not offer unlimited bandwidth like some other providers. The numerous providers who say they offer unlimited bandwidth are acctually telling you a false statement. If you read the fine print, "Unlimited bandwidth means you may not use more then 10% of our resources". This usually means they cut you off at 50 megabytes per day. We won't do that. You get exactly what you pay for. Therefore we do not offer unlimted bandwidth. If you go over your alloted bandwidth limit there will be a $10 per 5 GB extra fee. Payment Policies & Billing Procedures All accounts are set up on a pre-pay basis. We accept payments via Credit Card, PayPal, Check, Money Order and Western Union. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Lomag.Net reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account may be be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Lomag.Net to request termination of services. All payments must be made in USD drawn on a US bank. Credit Card Payments When paying by credit card, you are billed every month on the same day that your service began. For example, if you started service on June 6th, you will next be billed on July 6th. Lomag.Net bills on an automatic recurring basis -- this means, we bill your credit card every month until you e-mail us to terminate your service. Exceptions to this billing method will not be made except for quarterly accounts, which are billed every three months for the price of three months of service. Upon termination of service, you are removed from our billing system and your account will expire when your next payment is due. Credit card charges will appear on your credit card bill as "Lomag Internet Services, LLC". Check, Money Order, or any other form of Payment When paying by check, money order, or any other form of payment your billing cycle begins on the day we receive your first payment at which point your account is activated. You will be sent an e-mail invoice one week before the accounts next due date. Billing reminders will be sent on the accounts actual due date and, if the account still is unpaid, 5 days past the accounts due date. Payment must be received on or before your due date. If we do not receive payment upon 10 days past the accounts due date, your account is placed on 'hold' for up to one month to allow sufficient time for you to send the payment. You will not be able to log into your account during this time. If after this time we do not hear from you, your account and all its contents will be deleted. Cancellation Lomag.Net reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service any time however no refund is due. Lawful Purpose Lomag.Net reserves the right to refuse service to anyone. Customers may only use Lomag.Net server for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Lomag.Net expressly forbids anyone from using Lomag.Net servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, satanic materials. The designation of any materials as such described above is left entirely to the discretion of the Lomag.Net management. Lomag.Net is intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Lomag.Net resources. Doing so could result in immediate account cancellation. Indemnification Customer agrees that it shall defend, indemnify, save and hold Lomag.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Lomag.Net, 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 Lomag.Net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Lomag.Net's servers; (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 customer from Lomag.Net's servers. Disclaimer Lomag.Net will not be responsible for any damages your business may suffer. Lomag.Net makes no warranties of any kind, expressed or implied for services we provide. Lomag.Net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Lomag.Net and its employees. Lomag.Net reserves the right to revise its policies at any time. |
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