Terms Of Service

IMPORTANT NOTICE: All Payments To LipWeb.Net are Non-Refundable under all circumstances.

LipWeb.Net ("The Company") agrees to provide services to the Subscriber, subject to the following Terms of Service (TOS).

Use of LipWeb.Net service constitutes acceptance and agreement to LipWeb.Net's acceptable user policy as well as LipWeb.Net's TOS.

All provisions of this contract are subject to the Terms of Service of LipWeb.Net and acceptable user policy. The acceptable user policy may be changed at the discretion of the Company. Subscriber understands that change to the ACCEPTABLE USER POLICY by the Company shall not be grounds for neither non-payment or early contract termination.

This Agreement shall be construed in all respects in accordance with the laws of the state of Maryland, county of Baltimore applicable to contracts enforceable in that state. Venue will be Baltimore County, Maryland.

1. Disclosure to Law Enforcement: The acceptable user policy absolutely prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including account use, account history, assigned IP numbers, and any other account related information to any law enforcement agency or their assigned agent who makes a legally binding written request without further consent or notification to the Subscriber. In addition, LipWeb.Net shall have the right to terminate all service set forth in this Agreement without prior notification if the service is being used for illegal activities.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is subject to the Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Method of payment will be determined by the Company and is agreed to by the Subscriber. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by LipWeb.Net.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to up to a $25 reconnect charge. Accounts not paid by due date are subject to a $5.95 late fee unless other arrangements have been made. Accounts that are not collectable by LipWeb.Net may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $25 nor more than $100. In order to cancel your account, the subscriber must follow the proper procedure as outlined in this Terms of service.

5. Refund and Disputes: All payments to LipWeb.Net are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in LipWeb.Net's sole discretion is a valid charge under the provisions of the Terms of Service and /or ACCEPTABLE USE POLICY, you agree to pay LipWeb.Net an "Administrative Fee" of not less than $25 and not more than $100.

6. Failure to Pay: The Company may temporarily suspend service or terminate this Agreement upon the failure of Subscriber to pay charges when due. The service will send the subscriber notification of the service suspension. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. If the Company has accrued any collection fees, the subscriber will be responsible for reimbursement of said fees to the Company.

7. Account Cancellation: All requests for canceling accounts must be made through the Support area of the Company web site with at least 30 days notice but not more than 60 days prior electronic notification as described earlier. Cancelation notices are subject to verification. You must have all account information to cancel.

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries: LipWeb.Net, provides 24 x 7 technical support to our subscribers. We limit our technical support to preinstalled scripts, server functionality excluding self-installed and/or third party created scripts and documents. We will not provide support for your customers. We make no guarantees or promises as to the quality of our support.

10. SPAM and Unsolicited Commercial Email (UCE): LipWeb.Net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of LipWeb.Net may not use or permit others to use our network to transact in UCE. Customers of LipWeb.Net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will result in suspension or termination of service.

Violation of LipWeb.Net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, LipWeb.Net will initiate an immediate investigation (within 48 hours of notification). During the investigation, LipWeb.Net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, LipWeb.Net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, LipWeb.Net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. LipWeb.Net will notify law enforcement officials if the violation is believed to be a criminal offense.


BEGINNING IMMEDIATELY, anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately suspended or terminated from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account and or services from our network without notice to the customer. Any account/service guilty of a second violation WILL be immediately and permanently removed from our network without notice.

11. Network:

IP Address Ownership: If LipWeb.Net assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to LipWeb.Net, and Customer shall have no right to use that Internet Protocol address except as permitted by LipWeb.Net in its sole discretion in connection with the Services, during the term of this Agreement. LipWeb.Net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by LipWeb.Net, and LipWeb.Net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). LipWeb.Net will monitor Customer's bandwidth and disk usage. LipWeb.Net shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in LipWeb.Net's sole and absolute discretion. If LipWeb.Net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, LipWeb.Net may, at its sole discretion, collect a deposit, in an amount determined by LipWeb.Net, against customer's credit card on file with credit card processing company.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the LipWeb.Net Network. Violations of system or network security may result in civil or criminal liability. LipWeb.Net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

12. Notification of Violation:

LipWeb.Net is under no duty to look at each customer's or user's activities to determine if a violation of the acceptable user policy occurred, nor do we assume any responsibility through our ACCEPTABLE USER POLICY to monitor or police Internet-related activities.
First violation: Any User, which LipWeb.Net determines to have violated any element of this acceptable user policy occurred, shall receive an email, warning them of the violation. The service may be subject at LipWeb.Net's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that LipWeb.Net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation: LipWeb.Net reserves the right to suspend network access to any customer if in the judgment of the LipWeb.Net network administrators the customer's server is the source or target of the violation of any of the other terms of the acceptable user policy occurred for any other reason which LipWeb.Net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not guaranteed. In some cases, law enforcement will be contacted regarding the activity of account or accounts in question. The customer will not be credited for the time the customers account or accounts were suspended.

14. LipWeb.Net reserves the right to amend its policies at any time. All services and customers of LipWeb.Net must adhere to the above policies. Failure to follow any term or condition will be grounds for suspension or termination. You will be held responsible for the actions of you, your clients and/or any services you provide in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification: LipWeb.Net wishes to emphasize that in agreeing to the LipWeb.Net acceptable user policy and Terms of Service , customer indemnifies LipWeb.Net for any violation of the Acceptable Use Policy and Terms of Service (ToS) that results in loss to LipWeb.Net or the bringing of any claim against LipWeb.Net by any third-party. This means that if LipWeb.Net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against LipWeb.Net, plus all costs and attorney's fees.

16. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
LipWeb.Net takes no responsibility for any material input by others and not posted to the LipWeb.Net Network by LipWeb.Net. LipWeb.Net is not responsible for the content of any other websites linked to the LipWeb.Net Network; links are provided as Internet navigation tools only. LipWeb.Net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
LipWeb.Net is not responsible for any damages your business may suffer. LipWeb.Net does not make implied or written warranties for any of our services. LipWeb.Net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LipWeb.Net.
It is absolutely forbidden to host pornographic content or IRC servers. Immediate cancellation without refund will result if Subscriber is found hosting material of this nature.

17. Responsibility for Content: You, as LipWeb.Net's customer, are solely responsible for the content stored on and served by your LipWeb.Net account.

18. Conduct: You, as LipWeb.Net's customer, are to treat any and all staff of LipWeb.Net with respect. Failure to comply with this will result in account termination