The terms and Conditions sets forth the regulations and documents all information for the customer (“you, "customer", "the customer”,”he”,”she”,”user”) and creates a binding agreement between LemonOX Hosting (“LemonOX”,”we”, "company", "the company”) and the customer.
The TOS contains the following important sections:
(i) Security & Liability
(ii) Accounts Receivable
(iii) Service Level Agreement
This document is to be READ and RETAINED so that you may refer to it whenever needed or if there is a question regarding our services and / or policies. A faxed copy may be obtained by submitting a trouble ticket via the help desk or by using live help.
This document is active throughout the life of the customer’s account regardless of any changes that may be made throughout the time the customer is still using our services.
This contract supersedes any previous TOS or any other separate agreement that may be consolidated from here within.
Accounts Receivable / Billing
Billing services and accounts payable are handled by the LemonOX billing department and credit card payments facilitated by 2Checkout.com, Inc. All customers upon signup of service should understand the following:
- The billing procedures set forth are on a straight-line basis from the day of signup to the period of the next month.
- Corporate accounts opened with LemonOX Hosting that either pay by check or money order must be paid a year in advance unless another agreement is made.
- If against the norm accounts are accepted on the basis of a check payment, these must be paid a year in advance due to the hassle associated with managing check payments.
Delinquency
LemonOX maintains a strict policy towards delinquent accounts. The LemonOX billing department will take several steps to correct and collect any accounts past due by three days or more.
Credit card declinations are issued a $1.00 penalty for the initial declination and a $0.50 fee for each consecutive declination. If LemonOX is unable to collect hosting fees from the user’s credit card after a period of seven (7) days, a notice of suspension will be sent to the user followed by an immediate suspension of the customer’s account and access to support services. In order for the account to be restored to full service, the user must call our customer service center with an available payment method upon the initial phone call.
Repeat infractions regarding payment will result in measures by our billing department to collect 3 – 6 months in advance for hosting services.
The inability to collect funds from corporate account holders will result in immediate suspension of service, followed by a suspension notice. Our collections team will be required to speak with the person in charge (namely an accountant or other payment executive) in order to restore service. Corporate customers are encouraged to pay in advance (6 – 12 months) to avoid any penalties from non-payment.
Corporate customers will be required to pay a restoration fee of $14.95 for all shared plans and a restoration fee of $12.95 for all reseller and VPS plans, and a restoration fee of $29.95 for all dedicated plans.
Repeat infractions regarding payment from corporate customers will result in measures by our billing department to collect 12 months in advance for hosting services.
Late payment fees will be charged at the rate of $12.95 per month
Service Fees
The customer acknowledges that all fees assessed to his/her credit card, debit card or bank account has been properly communicated to him/her and that any discrepancies in payment for services will be discussed solely between the customer and LemonOX.
Refunds & Credit Card Disputes
LemonOX offers a company mandatory thirty (30) day Money Back guaranty on all regular shared reseller hosting, SSL, accounts. (No refund for Domain Name registration) Users who continue service after this thirty day (30) are not eligible for any refunds whether full or partial.
Customers who opt to purchase virtual private servers (VPS), dedicated servers, collocation, SME solutions, HSP solutions or any product that requires additional attention from our technical staff are not eligible for any refunds of prorated fees, setup costs, monthly costs or other administrative fees assessed by the company.
Any and all billing disputes must be reported to the appropriate department within the initial 30 days of the dispute. If a charge issued by LemonOX is disputed with the customer’s credit card issuer and the charge is deemed valid under the provisions of the company’s TOS, the customer agrees to pay LemonOX Hosting an “Administrative Fee” of no less than $25 and no more than $125.
Account Cancellation
In order to maintain a high quality of service to its clients, LemonOX has provisioned and maintained a specific set of rules and regulations in order to successfully cancel service with the company.
All cancellations must be requested via our helpdesk.
If the customer does not receive a confirmation email within 72 hours, you must contact the billing department again.
Customers from abroad are required to send in a receipt received from billing from their very first and very last charge by LemonOX Hosting on their credit card and/or bank statement(s). To the discretion of LemonOX, the company may request photo identification to ensure proper and legal cancellation of the account and other services.
All cancellations must be made no later than two weeks in advance. All services billed up until the point of cancellation are nonrefundable. Please refer to our Refunds policy.
Incase of dedicated servers, setup fees if any are non-refundable (all dedicated servers are at least a two month contract). The presence Plus package if cancelled before six months does not entitle you to transfer of ownership of the free domain.
Disclosure and Cooperation with Law Enforcement
LemonOX with or without prior notice to the customer may:
- Provide any information regarding the customer in response to any formal request by law enforcement, other government agency or court order.
- Disclose any phone recordings, chat logs, emails inclusive of their respective headers, assigned IP numbers or any evidence proving or disproving active communication by the customer
Abuse & Internet Security
In an effort to maintain a quality network, LemonOX has implemented specific policies regarding the type of content allowed to be hosted on our network. These policies apply to all types of accounts including Corporate and Fortune company accounts.
Customers may not engage in illegal, irresponsible, abusive and/or otherwise deemed harmful activities including but not limited to:
- Utilizing our generous allotment of disk space for purpose of "backup space" for another server (applies to shared/reseller hosting only)
- Utilizing our generous allotment of disk space for purpose of "file distribution", unless all files are legally owned by the service subscriber (such as in the case of a software firm). Applies to shared/reseller hosting only
- Utilizing LemonOX servers for running a free (for the masses) e-mail service is considered unacceptable due to the SPAM issues that come with the mentioned activity
- Any form of copyrighted materials where the copyright is not owned by the service subscriber.
- The hosting of pirated software (warez) or any other form of unauthorized data access.
- The use of software that may compromise or otherwise cause any reason to alarm other networks, including tcp probes, vulnerability scanning of remote computers, address spoofing, “phishing” or any other activity that will be deemed a threat to other service providers, personal users and corporations.
- The use of software that may compromise or otherwise cause any reason for alarm to the LemonOX network, its hardware and family of other services.
- The forgery of any TCP/IP packet in an effort to undermine LemonOx’s servers, remote servers or otherwise.
- Any misconduct that may cause alarm to government agencies, legal and electronic retaliation upon the network owned by LemonOX Hosting, its servers or other devices connected to the Internet.
- Proxy hosting is forbidden on our network. Violation of this policy will result in a $800-$3000 fine (depending on assessed damages), failure to pay this cleanup fee will result in immediate termination of your account without recourse or access to data. No exceptions to this rule will be granted.
The security department at LemonOX Hosting remains diligent in tracking suspicious activity throughout our network. In the case of any infringement of security caused by one of LemonOX’s customers, the company will conduct a proper and thorough investigation and cooperate with local, state and federal authorities to prosecute and/or convict any violators.
Although LemonOX Hosting provides managed hosting services to all of its users, it is up to the responsibility of the user to ensure that he/she takes reasonable precautionary measures to protect his/her files, content, property or other non-tangible assets hosted on the LemonOX network. The user is solely responsible for any security breaches of his/her account, dedicated server, collocated server or other device connected to the Internet.
If a device is deemed to be causing considerable damage to the LemonOX network, the company may take measures such as rate limiting, port blocking or even removing the device from the network altogether with or without the consent of the customer.
Responsibility of Content
The customer is solely responsible for the content hosted within his/her web space and/or dedicated server. LemonOX is not responsible for any inflammatory and discriminatory remarks made by its users within their web space. The company will also comply with any authorities in providing evidence of any case that involves the customer and any or all criminal proceedings thereafter.
Chat Rooms, Newsgroups and Bulletin Boards
It is up to the responsibility of the user to maintain the integrity of his/her chat room, newsgroup or bulletin board. LemonOX takes no responsibility for the postings or actions made on and during these mediums of cyber communications. The customer who runs any of these communication mediums is responsible for complying with any rules and regulations set forth by their software vendors, USENET, IRC and any rules set forth by LemonOX Hosting in accordance with our policies regarding abuse and law enforcement.
Service Level Agreement
Because of the changing nature of the web hosting industry, our Service Level Agreement (SLA) is now included in an entirely different document. You can view this document by clicking here.
Circumvention of Limits
LemonOX places emphasis on the limitations it applies to each account. These limitations have valid reasons to protect the server, accounts on the server as well as the account purchased directly by the user. However, in some instances a user may try to circumvent such limitations on their service by whatever software means available. The circumvention of these limitations is against our policy, any all accounts found doing this will be terminated immediately. No questions asked and no refunds.
It is the customer’s responsibility to provide LemonOX with up-to-date and accurate contact information. This information will be stored in our database and kept for primarily emergency contact purposes, billing notices, service interruption announcements, etc. The customer can and will be contacted by the company for any reasons deemed necessary.
Any waivers initiated by LemonOX may not be transferred, operate or otherwise be construed to continue any waiver initiated prior to the last or combined with the waiver of any other company outside of LemonOX Hosting
The customer may not use this document in accordance with any other document provided by LemonOX unless explicitly stated by the company. The company reserves the right to remove the rights and protections outlined in this contract at any time without the customer’s consent or other further obligation.
LemonOX does not allow the hosting of adult content on it's network.
LemonOX will not take responsibility for any damages the customer’s business may suffer. LemonOX does not express or imply any warranties of its hardware or services and denies any warranty or merchantability for any specific purpose. This includes but is not limited to data loss, delays in service, non-service, wrong delivery or any other kind of service interruptions caused directly or indirectly by LemonOX Hosting.
LemonOX reserves the right to ask each and every customer for purpose of usage and identification documents if shell (or jailshell) access is requested by the customer.
Amendments to the TOS
With the continuing rapid growth of the Internet, new security procedures and various new technologies evolving, LemonOX must make preliminary provisions to allow for the modification of the Terms of Service (TOS) from time to time. These modifications may impose or relax certain restrictions on the customer. These modifications can and will be made without the consent of the customer.
It is the customer’s responsibility to keep up with the changes of the terms of Service.
Denial of Service
we reserve to the right to refuse service to anyone at any time for any reason.
Zero Liability
LemonOX makes no warranty claims on service nor assumes liability for any damages to your website, company, data or miscellanea for hosting with us. The security of your website is solely your responsibility and LemonOX will not be held responsible incase of your website being compromised (although we take every measure possible to keep our servers 100% secure). Any losses incurred resulting from hosting with us is solely your liability, there are no warranties either express or written.
