Terms of Use:
Acceptance:
Provision of any services to you from Lakeside Web Services constitutes your agreement to be bound by all terms and conditions contained herein.
Terms:
All services provided by Lakeside Web Services will be automatically renewed on the due date for that service (30 days in advance for domain registration renewals), as dictated by your chosen billing cycle and by the date of your original invoice, unless written notice of your intention to cancel services is given to us no less than thirty (30) days prior to the next billing cycle date. It is your responsibility to maintain current billing information in our system. Failure to maintain current billing information in our system by you (eg, contact information, billing address, etc.), or having invoices which remain unpaid past the due date can result in the automatic suspension of services. Services which remain unpaid for thirty (30) days will be automatically terminated, and any files, web pages, email accounts, etc. will be automatically suspended from our servers, these will remain on our back up drives for a period o6 90 days then turned over to the customer in question via email. The Client owns its domain name, (insert name), and shall own any other domain name created by or for it during the term of this agreement. Lakeside Web Services shall register such domain name in the Client’s name(s) in the appropriate registry. The Client shall retain ownership of any such domain name(s) upon termination of this agreement for any reason free and clear of any interest of Lakeside Web Services. Content: Hosting services provided by Lakeside Web Services may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of United States law is strictly forbidden. Material that is not allowed on our servers includes, but is not limited to:
• Any third-party software/scripts/products installed on our servers by you without our express written consent.
• Bulk e-mail related software/products/information.
• Any material which you do not own or have permission from the copyright owner to use.
• Pornographic or any other adult content.
• Any material related to hacking.
Lakeside Web Services reserves the right to deactivate and remove any advertising or web site from its servers which contains material that, at Lakeside Web Services' sole discretion, is deemed to be unacceptable, undesirable, or which may damage the reputation of Lakeside Web Services.
Lakeside Web Services warrants that any materials provided by Lakeside Web Services for use by Client pursuant to this Agreement shall not contain any proprietary material owned by any other party for which that other party has not given license to Lakeside Web Services for use of same that is protected under Copyright Act or any other similar law. Lakeside Web Services shall be solely responsible for ensuring that any materials provided by Lakeside Web Services pursuant to this Agreement satisfy this requirement and Lakeside Web Services agrees to hold Client harmless from all liability or loss to which Client is exposed as a result of Lakeside Web Services’ failure to perform this duty.
Termination of Contract. This Contract shall not be terminated by either party prior to the completion of the Website Design or applicable Maintenance Contract with Lakeside Web Services for the project identified in this Agreement; it being the intention of the Parties that this Agreement shall remain in full force and effect until the completion of said Service. Lakeside Web Services may terminate the provision of hosting services under this agreement only in the event of nonpayment for such services by the Client and only after it gives to the Client 30 days’ written notice of such nonpayment and of its intent to terminate hosting services for such reason and the Client fails to cure such nonpayment within those 30 days. The Client may terminate the hosting services under this agreement by providing 30 days’ written notice to Lakeside Web Services of its intent to terminate said services, in which event such termination shall be effective 30 days after the Client gives such notice unless such notice is withdrawn first, and such termination shall be without further financial obligation of the Client to Lakeside Web Services.”
Ownership of Work Product. Lakeside Web Services shall hold all rights, title and interest in and to the Website, specifically including by way of illustration but without limitation of the following:
1. All text, graphics, animation, audio components, photographs and digital components of the Website (the "Content") not provided by Client,
2. All interfaces, navigational devices, menus, menu structure or arrangements, icons, help and other operational instructions and all of the components of any source or object computer code that comprises the Website,
3. All expressions of ideas, whether literal or non-literal, that operate, cause, create, direct, manipulate, access or otherwise affect the Content, and
4. All other intellectual property of Lakeside Web Services, including but not limited to all copyrights, patents or trade secrets, or any component thereof.
Client shall refrain from any infringement of any kind or any other action that would in any way compromise Lakeside Web Services’ ownership in the Website, as described.
Notwithstanding, Lakeside Web Services, upon final payment by the Client, grants a license to the Client to use the Website. However, the Lakeside Web Services does not grant a license to the Client to duplicate anything provided by the Lakeside Web Services for the Client in the development or design of the subject Website.
Notwithstanding the above, the Client shall retain all right, title and interest in and to all of its intellectual property rights in any text, images or other components it provided to the Lakeside Web Services for use in the development of the subject Website.
Control. Hosting customers may not resell or give away control of any part of their Lakeside Web Services account, including but not limited to, web space, system resources, e-mail, and ftp accounts unless they have written permission from Lakeside Web Services to do so.
E-mail. Spamming (the practice of sending unsolicited e-mail) and mass-mailing from Lakeside Web Services' servers is strictly forbidden. Any practice which causes any Lakesides Web Services IP number or server to be listed on any "spam blacklist" will result in immediate suspension/termination without notice. Lakeside Web Services will decide on a case-by-case basis what it constitutes to be harmful to the smooth operation of our servers. The use of our servers to provide a free e-mail service is also strictly forbidden.
Privacy. Lakeside Web Services will not under any circumstances divulge your contact information, billing/payment details or history, or the details of domain names and websites you own, or the details of any other service you may have with us to any third party without your express written consent or court order.
Should you request us to do so, we will pass pertinent access information for your account to a third party web developer/designer that you have contracted on your own in order to facilitate their design, upload, or maintenance of your site on your behalf.
Lakeside Web Services reserves the right to use any of your communications with us as "testimonials" of our service to you, your customer satisfaction, etc. Such testimonials would never use your full last name without your prior approval.
Server Abuse. Attempting to cause harm to a Lakeside Web Services' server, or any other server on the internet using an account on Lakeside Web Services, or participation in any illegal activity using an account on Lakeside Web Services, will result in immediate removal of that account, and forwarding of any pertinent information to the Federal Bureau of Investigation.
Lakeside Web Services’ Logo/Copyright Information. The Client hereby agrees that Lakeside Web Services may place a link consisting of Lakeside Web Services’ logo and copyright information, if any, on each and every page of the subject Website.
System Resource Usage. If Lakeside Web Services discovers that a customer's web site or scripts are using an unacceptable amount of server resources including but not limited to CPU and memory usage we may suspend or terminate the customers account.
Our normal practice is to suspend/terminate accounts without notice ONLY if the web site in question is likely to jeopardize the smooth operation of Lakeside Web Services' servers. Normally, Lakeside Web Services will email or phone the customer asking them to reduce the resources they are using.
Chat rooms and "top site" scripts are likely to use an unacceptable amount of resources and are therefore not allowed on Lakeside Web Services' servers.
Message boards are allowed on Lakeside Web Services servers, but customers should be aware that if they become extremely popular they are likely to use an unacceptable amount of system resources and should be switched to a dedicated server for better performance.
Warranty/Limitation of Liability. Customer hereby agrees that Lakeside Web Services makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Lakeside Web Services shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Lakeside Web Services to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Lakeside Web Services' liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Lakeside Web Services shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL LAKESIDE WEB SERVICES BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF LAKESIDE WEB SERVICES PURSUANT TO THIS AGREEMENT. LAKESIDE WEB SERVICES MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY LAKESIDE WEB SERVICES ARE HEREBY EXCLUDED AND DISCLAIMED.
INDEMNITY BY CUSTOMER. CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY LAKESIDE WEB SERVICES, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF Lakeside Web Services’ SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF LAKESIDE WEB SERVICES HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF LAKESIDE WEB SERVICES' REASONABLE ATTORNEY'S FEES.
Lakeside Web Services will decide on a case-by-case basis at our sole discretion if a refund is to be given on violation of these terms and conditions.