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
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
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
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.
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
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"
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
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
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
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