Terms of Service

Lorian Network | Services | Terms of Service

The Lorian Network
PO Box 621729
Littleton, CO 80162-1729
303-979-4848

TERMS OF SERVICE

The Terms of Service are an important part of the service contract between you and the Lorian Network. Your remittance signifies your understanding and acceptance of these terms and conditions.

The Provider (The Lorian Network) agrees to provide, and the Client (You) agrees to pay for access to the internet hosting services according to the following terms and conditions:

1. LEGAL USE: The client will use the The Lorian Network's hosting packages and all other services in a manner consistent with any and all applicable laws of the State of Colorado and the United States of America.

The Client hereby agrees that any material published on the The Lorian Network's internet services through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous. Any material or activity deemed by The Lorian Network as illegal, or potentially illegal may result in the immediate termination of the Client's account(s) without warning. Client hereby agrees to indemnify and hold harmless the the Lorian Network for any claim resulting from the submission of illegal materials.

The Client hereby agrees that they will not interfere with, disrupt, electronically intrude upon, or attempt to gain unauthorized access to any aspect of the Lorian Network, it's servers, hard drives, or any other equipment owned or leased by The Lorian Network for any purpose whatsoever. Violation of the terms of this condition may result in civil or criminal penalties and/or immediate termination of the Client's account without warning or refund.

Clients shall not rent, sell, transfer, or otherwise allow others to use their account space or account services without the explicit and advance written consent of The Lorian Network. The Lorian Network has the right to accept or deny that request at The Lorian Network's discretion.

2. ETHICAL USE: Client hereby agrees that all domain names and any material submitted for publication by the The Lorian Network through Client's account(s) will not contain anything leading to an abusive or unethical use of the The Lorian Network's service(s) or equipment.

Abusive and unethical materials and uses include, but are not limited to: pornography, violations of privacy, computer viruses, hacking, Denial Of Service attacks, warez, and any harassing materials. Client hereby agrees to indemnify and hold harmless the Lorian Network from any claim resulting from the Client's publication of materials or use of those materials.

The Lorian Network may or may not give notice before deactivating the use of any account(s) which The Lorian Network decides in its sole discretion is an illegal, abusive or unethical use of the Client's hosting account(s). Client agrees to pay a US $45.00 deactivation fee if clients violation leads to an account deactivation or suspension.

3. UNSOLICITED COMMERCIAL EMAIL (SPAM): The use of distribution mail-lists for unsolicited electronic mail (UCE or SPAM) is strictly prohibited. The Lorian Network reserves the right to deactivate the Client's account(s) upon an indication of such activity without further notice.

The Client hereby agrees to indemnify and hold harmless The Lorian Network from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s). The Lorian Network reserves the right to charge an account deactivation fee in violation of this policy. The client hereby expressly agrees to pay these fees if the client's violation of The Lorian Network's anti-spamming policy leads to an account deactivation.

5. AVAILABILITY: The Lorian Network's internet services are provided on an "AS IS," and "AS AVAILABLE" basis. The Lorian Network gives no warranty, expressed or implied, for web servers and all other internet services, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. THIS RESTRICTION OF WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY THE LORIAN NETWORK OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO THE LORIAN NETWORK FOR SERVICES.

6. LIMITATION OF DAMAGES: The Lorian Network is not responsible for any damages arising from the Client's use of the The Lorian Network or by the Client's inability to use The Lorian Network's web hosting or any other internet service for any reason.

7. DATA BACKUP: While The Lorian Network will make reasonable efforts to protect and backup data for the Client on a regular basis, The Lorian Network is not responsible for the Client's data. The Client is solely responsible for independent backup of data stored on The Lorian Network's servers. The Lorian Network may charge a fee for restoration of lost or damaged Client data.

8. PRIVACY: Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The Lorian Network is not liable for protection or privacy of electronic mail or any other information.

9. LEGAL FEES: In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolution in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be Litttleton, colorado, United States of America.

10. PAYMENT OBLIGATIONS: All orders and terms are final. All server and hosting contracts are automatically renewed for another term unless notice of cancellation has been given by the Client at least one week in advance of the renewal date. If an account has been setup and the initial service and setup fee is not paid, The Lorian Network has the right to immediately close the account and to refuse service. In this case, the Client agrees to pay US $45.00 for setup services. If the service is not paid on time the Client agrees to pay a US $10.00 late fee per billing cycle and a US $25 fee for reactivating a suspended account. If the Client has prepaid, refunds will be pro-rated to the time left in the pre-paid period.

11. OWNERSHIP: The Lorian Network maintains control and any ownership of any and all IP numbers that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers.

12. ACCOUNT DEACTIVATION: The Lorian Network reserves the right, in its sole discretion, to deactivate any client account(s) without further warning for any reason. Upon termination, the Lorian Network will return all unused prepaid credit for the account(s).

13. INTERPRETATION AND MODIFICATIONS: The Lorian Network reserves the right to interpret the above paragraphs in a broad manner and to modify, delete, or add to these terms and conditions at any time. The Lorian Network will notify the client of any changes in this agreement by email or US Postal Service.