This Agreement explains the service terms and conditions governing your use of the services made available to you by LemonOX Software., hereinafter called "LemonOX" or "We". It represents the whole agreement and understanding between LemonOX and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. LemonOX may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that LemonOX believes is harmful to the business of LemonOX or the use of the Service by others or is harmful to any other party.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with LemonOX, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. LemonOX Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
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.
The free transfer services 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.
Refunds & Credit Card Disputes
You may cancel your account at any time and receive a full refund .All regular and Reseller Hosting payments To LemonOX Have a 30-day Money Back Guarantee. 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, Dedicated Servers and Web Designing / Developing) 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.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.
You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email email@example.com to arrange payment.
You must use only one of following methods to deliver a official written notice of cancellation:
Please fill out the entire Cancellation Form. On receipt your account will be pending cancellation within 48 hours. Please include your Name, domain name, username, password and your reason for canceling.
If you want to cancel the service please fill out the entire cancelation form. http://www.lemonox.com/cancellationform/cancellationform.php
All services provided by LemonOX may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless LemonOX from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of unacceptable material on all Shared and Reseller servers include:
•Adult Toys, Novelties etc
•Image Hosting Scripts (similar to Photobucket or Tinypic)
•Mail Bombers/Spam Scripts
•Banner-Ad services (commercial banner ad rotation)
•File Dump/Mirror Scripts (similar to rapidshare)
•Commercial Audio Streaming (more than one or two streams)
•High-Yield Interest Programs (HYIP) or Related Sites
•Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
•Sale of any controlled substance without prior proof of appropriate permit(s)
•Prime Banks Programs
•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
•Bank Debentures/Bank Debenture Trading Programs
•Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
•Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Examples of unacceptable material on all dedicated servers include:
•IRCD (irc servers)
LemonOX will act as the sole arbiter as to what constitutes a violation of this condition. LemonOX will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network.
Background Running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, LemonOX reserves the right to disable the account pending client cooperation and resolution. Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through LemonOx's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the LemonOX Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the LemonOX Network. If you use a domain name in connection with the LemonOX Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
LemonOX reserves the right at its sole discretion to refuse or cancel service. Violation of any of LemonOX's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer..
Spam or Unsolicited E-Mail
You must not use the LemonOX Network, LemonOX equipment or any LemonOX email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the LemonOX Network, LemonOX equipment or any LemonOX email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, LemonOX reserves the right to disable your domain without warning. In addition, LemonOX may impose a $300.00 penalty for each spam policy violation. LemonOX solely reserves the right to refuse or cancel service to known spammers. Lastly, LemonOX reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a LemonOX server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Customer agrees that it shall defend, indemnify, save and hold LemonOX (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against LemonOX, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LemonOX against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LemonOX server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of LemonOX to the amount paid for service.
•Transfer Domain Fee $10.95
•Plan change (downgrade) fee $15.00
•Chargeback service charge $100.00
•SPAM re-activation fee $300.00 (2 Times Only)
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Users are strongly recommended to:
9) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of LemonOX dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. LemonOX does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. LemonOX will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Shared (non-reseller accounts) / Semi dedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 -- Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month. By default, you'll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and supported by Voipo for new LemonOX clients.
*Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with LemonOX or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VOIPo to change to a paid service plan prior to the LemonOX cancellation.
LemonOX reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. LemonOX reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@lemonOX.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on hostgator.com, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
Customer agrees that it shall defend, indemnify, save and hold LemonOX harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LemonOX, 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 LemonOX against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LemonOX; (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 customers from LemonOX's server.
Arbitration By using any LemonOX services, you agree to submit to binding arbitration. If any disputes or claims arise against LemonOX or its subsidiaries, such disputes will be handled by an arbitrator of LemonOX's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
LemonOX will not be responsible for any damages your business may suffer. LemonOX makes no warranties of any kind, expressed or implied for services we provide. LemonOX disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LemonOX and its employees. LemonOX makes a 99.9% Uptime guarantee.
LemonOX not taking backups of their servers. If client want take backup client should be pay $ 78.00 (USD) per month for LemonOX Software. LemonOX can accept no responsibility for any loss of data or consequences arising from this. LemonOX always advises clients to back up their site data regularly for its own protection.
LemonOX furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of LemonOX. A customer's failure to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with LemonOX then LemonOX will not be responsible for maintaining hosting for the resellers customers. Finally, LemonOX wishes to emphasize that in accepting services, customers indemnify LemonOX for the violation of any law or LemonOX policy that results in loss to LemonOX or the bringing of any claim against LemonOX. This means that if LemonOX is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against LemonOX, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
LemonOX reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.
Disclosure to law enforcement
LemonOX may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the TOS
LemonOX reserves the right to revise its policies at any time without notice.
All complaints will be investigated promptly. In the event that an account is being investigated, LemonOX Hosting reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate the customer's account(s) if LemonOX policy is not followed.
Please report violations to: email@example.com