This agreement exists between LeapWebHosting and the user of any of the services and/or products of LeapWebHosting.com. For purposes of this Agreement, the following terms are defined: “You” or “Your” refers to the user or any of his/her employees, agents or any individual who is authorized by user to act upon his/her behalf. “We,” “Our,” and/or “Us” refers to LeapWebHosting along with any of its affiliated companies and subsidiaries (collectively known as “LeapWebHosting.com”).
The purpose of this agreement is to explain the mutual obligations of you and us relative to the products and services of LeapWebHosting.com. Specifically, the agreement will pertain to your purchase and/or use of our services, including initial purchases, additional purchases, and termination of services.
1. Modification of Terms of Agreement: You understand and agree that LeapWebHosting.com has full rights to modify this Agreement and any services it provides, as it deems appropriate and/or necessary, and that you will be bound by said changes. Your use of our products and services will be subject to any modifications for as long as your usage continues.
2. Requirement of Accurate Information. As you are using our products and/or services, you agree that any changes in information that was provided in the initial registration process will be provided to us within five (5) days of such changes. Should you fail to provide us such changes or fail to respond to our request for verification of any information within five (5) days, you will have materially breached this Agreement. Should you provide information that is not accurate, is incomplete, false or misleading, then we reserve the right to terminate our services and your account. Should we suspect that you have provided false or misleading information, moreover, we reserve the right to terminate your account.
4. Specification of Prohibited Activities: Certain activities are prohibited and you agree to not engage in any of them. Such activities include the following:
a. Dissemination or transmission of unsolicited content, messages, or emails; transmission of unusually large volumes of daily emails, unless prior permission is granted by LeapWebHosting.com administration. If you wish to send more email than our SMTP limit, a written request must be submitted which explains the purpose of the large email volume.
b. Distribution, dissemination or transmission of any material that may be considered by any recipient to be offensive, malicious, threatening, defamatory, libelous, slanderous, obscene, pornographic, or abusive.
c. Transmission, distribution or dissemination of any content, files, graphics, data, and/or software that may infringe upon the copyrights patents, or trademarks of others. This includes intellectual property as well.
d. Any activities which promote a false identity or an attempt to mislead others relative to your identity or the origin of a communication.
e. The exportation, re-exportation, or permission of downloading of any content that is in violation of current import and export regulations or laws of the United States government or any of its departments or agencies, without express written permission, license, or other approval from said departments or agencies.
f. Access, disrupt, or attempt to disrupt any account, network, or server to which you do not have authorized access or to access at any level for which you do not have authorization.
g. Knowingly distribute or disseminate any virus, malware, of other type of harmful content, including text content, work, data, program, or code.
h. Perform any activity that, in the view of LeapWebHosting.com, is in violation of the terms of this Agreement, including but not limited to, hacking, pirating, warez, IRC bots, etc. LeapWebHosting.com has the sole right to determine any violations.
5. Any security or network security violations are expressly prohibited, and LeapWebHosting.com will pursue such violations criminally and civilly. Such violations may include hacking, probing, systems scans, data, unauthorized access, tracking data or traffic, or any interference with service to any other user. Such activities as mail bombing, overloading the system, and forging a TCP/IP header are herein included.
6. Using programs or posts which use excessive amounts of CPU time or storage space is specifically prohibited; as well, allowing or re-selling access to one’s account by a non-account holder will result in suspension and/or termination of your account. Running public recursive DNS is also prohibited, and LeapWebHosting.com consistently scans for public DNS services presence. Servers in violation of this will be removed.
7. Responsibility for preventing excessive overloads of LeapWebHosting.com DNS systems or services is yours. Should you exceed your allowable bandwidth, you will be assessed fees and penalties for such activity. You may not use your account as the source, the intermediary, or the reply address, or as a mail bomb destination address. Further, such abusive activities as packet flooding, corruption, service denial, etc. are prohibited. As well, you may not use your account to disseminate information about hacking or security breach procedures, including links to sites providing such content, and your site shall be immediately removed if such content is discovered. You further understand that you may not use your site as an anonymous gateway(proxy), nor may you use products and/or services of LeapWebHosting.com to inhibit anyone’s use of the Internet, nor may you engage in any activity that might de-stabilize the LeapWebHosting.com network.
8. You may not provide any free services (e.g., hosting, subdomains, email accounts, etc.) through your account, and said account shall be terminated immediately in the event that these activities are discovered.
9. Security/Storage: The user bears full responsibility for the security of account, account information, password, content, and any protected data that she/he wishes to be confidential. Any acts and/or omissions that result in breach of confidentiality are the sole responsibility of the user, including any that result from connection with the server. User is responsible, moreover, for maintaining his/her own independent backup archiving of server content.
LeapWebHosting.com is not responsible and bears no responsibility for any security breaches and/or loss of content. Users must take all appropriate precautions to safeguard confidential information and to maintain backup storage of all content.
10. If you utilize licensed software from LeapWebHosting.com, you are granted limited use, and said use is not transferable, and such use may only be what is deemed by LeapWebHosting.com to be ordinary and common. Further, you may use said software on any computer but on no more than two computers at any one time. You understand as well that you may not alter said software in any manner, nor may you integrate it with any other software, enhancement, or plug-in. You further agree that you shall not engage in any activity which would result in uncovering the source code. LeapWebHosting.com has all copyright authority over its software and therefore sole ownership. LeapWebHosting.com provides its software “as is” and does not therefore provide any type of warranty.
11. Web Hosting Account: LeapWebHosting.com will host an account for you based upon the terms of purchase, the domain name(s), and the length of time that you have selected by contract and payment plan. Each contract will automatically renew at the end of each term, unless you notify us of cancellation or revision. Once we receive notification of account cancellation, we reserve the right to remove an account from the web server. It is your responsibility to ensure that you and any other parties have access to files, data, and other content prior to cancellation request. LeapWebHosting.com is not responsible for any loss once it has received the cancellation notification.
12. Legal Use of LeapWebHosting.com Web Hosting Services: When you use any products/services from LeapWebHosting.com, you agree to do so solely for purposes that are fully legal, according to applicable local, state, provincial, federal, and international laws. LeapWebHosting.com has as its primary purpose the provision of space for web documents. As such, it is not meant to be used for file storage, as is specified in the Acceptable Use Policy. Any violations of these stated policies can result in suspension and/or termination of your account without notice. Any notification of account termination is solely at the discretion of LeapWebHosting.com and is dependent upon the severity of violations. Further LeapWebHosting.com reserves the right to refuse service to any account holder whose content or links to other content is considered to be illegal, obscene, and fraudulent or in any way a breach of the Acceptable use Policy. Said determinations are the sole right of LeapWebHosting.com.
13. Rates and Prices are specifically communicated to you, and you acknowledge that rates and prices may be changed, as determined appropriate by LeapWebHosting.com.
14. You agree to use general rules of etiquette in emails and postings. Further, you accept responsibility for account and password security. LeapWebHosting.com will not allow changes in passwords without proof of identity. Should legal issues, such as dissolution of a partnership or divorce impact ownership of your account, LeapWebHosting.com shall remain neutral and reserves the right to place a “hold” on related account(s) until such time as the legal issues have been resolved. You agree that LeapWebHosting.com is not liable for any losses incurred during these events, and, moreover, that you will hold LeapWebHosting.com harmless should any claims arise from account ownership issues.
15. Usage Safety and Restrictions: By use of LeapWebHosting.com services, you agree to refrain from causing any damage to our systems, reputation, programming, or to other account holders. LeapWebHosting.com has the sole right to determine which server will be used for the best performance of its account holders. Because our services are on a shared server, we must place certain restrictions upon usage. You therefore agree not to use more than 25% of resources of more than one minute unless you move over to VPS or a Dedicated Server, which will be hosted somewhere else. If this upgrade is required, you may face additional charges and/or a higher level of pricing that is commensurate with the increased use. If we are unable to provide the automatic upgrade, we reserve the right so temporarily suspend services until we are able to accommodate you demand. We also reserve the right to terminate any account and account holder who does not abide by these restrictions.
16. Third Party Responsibility. Should you decide to sell advertising to or use any data or content from a third party, you accept responsibility for that advertising and/or content. Any advertising or content that violates the Acceptable Use Policy, that is, is offensive, illegal, obscene, or otherwise deemed inappropriate will be considered a breach of the Terms of Agreement and can result in account suspension and/or termination.
17. Domain Lease/Purchase Provisions: We provide you with a free domain name, and that name is the sole property of LeapWebHosting.com. Privacy protection is provided by WhoisGuard on all free domains. Free domain names that are provided by LeapWebHosting.com may only be used on LeapWebHosting.com servers. You have an option to take control of a free domain for a onetime fee of $11.99 each. In case of upgrade with less free domains you are permitted to keep as many as 8 domains with us for a yearly cost of $6.95 each. The only exception to the registration of free domain names for you are those with a “.co.uk” extension; however you are free to host such domain names. If you have any questions about this promotion, please contact our customer support.
If you wish to purchase your own domain name, you may do so for a fee of $11.99 and you may have your information as the domain owner. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via e-mail to the address stored in your client area. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $200.
18. Payments, Fees and Refunds: Payments for services/products are due at the time of order placement, and you agree to make payment, according to the contracted price. Payments and/or fees will not be refunded if services are suspended or terminated, or if services are transferred before the end of the current contract. Payments and/or fees will not be refunded if our ToS and/or AuP were violated. LeapWebHosting.com may alter pricing and fees and will notify you via email or on its website, and it is your responsibility to remain apprised of any changes. Within 30 days of initial contract, you may cancel shared, reseller or VPS hosting, and receive a refund. Beyond the initial 30 days, however, there will be no refund.
Refunds do not apply in the following instances: SSL certificates, domain registration fees, dedicated servers or IP addresses, cPanel or premium support.
If you have registered new domain names, and if you cancel with 30 days, you agree to pay a fee of $11.99 for each domain name. We will transfer any domain name to the client for a fee of $11.99 for each domain name. We have established these terms in order to prevent abuse in regards to our free name domain service.
19. Billing: Should you opt for a monthly billing plan, your statement date will be the day of the month on which you originally placed your order. If you opt for an annual payment plan, you agree to automatic renewal on the year anniversary of original signup, unless you notify us of cancellation prior to that anniversary date.
If, for any reason, we are unable to obtain payment, either for monthly or annual payments, you agree that you will remedy the issue immediately. If the payment is not received, we will terminate all services and/or products within 30 days, and there will be a re-instatement fee, along with administrative costs for any attempts we have made to collect said payments.
20. Terms for Affiliate Program: The following shall apply:
a. One-time commissions payout
b. Amount of payout will vary each month, according to the number of customers you have referred to us
c. Commission payments are made each month for orders that have remained active for more than 45 days.
21. Currencies: All purchase processing is in US dollars; however, if you are using another currency, LeapWebHosting.com will give you an estimated price for your order. This estimate may change due to time delay between order placement and actual payment, and you agree to be bound by the actual amount. LeapWebHosting.com cannot guarantee any specific pricing in currencies other than US dollars. You may also be required to pay a VAT fee, based upon the billing address country, and you agree to pay this fee that will be added to your charges at checkout.
22. Release, Waiver, and Limitation of Liability: You understand and agree that LeapWebHosting.com offers its services “as is” and does not guarantee or warranty fitness for your purposes or merchant ability for your business or organization. There is no warranty, either implied or expressed, that its products and/or services will meet your needs or operate as intended, or that services will be completely error free. You agree that LeapWebHosting.com is not liable for any loss or damage whatsoever that you may incur as a result of service interruption or any types of errors, be they direct, incidental, consequential, special, or indirect and that you shall have not standing to pursue compensation for such damages under any legal theory of liability, contract, or tort, that might arise as a result of use of our services, even if LeapWebHosting.com has been made aware that such damages might be possible.
23. Indemnification Clause: You agree, for yourself, along with any and all heirs, successors, assigns, personal representatives, or predecessors, to indemnify and hold harmless LeapWebHosting.com and all of its executives, representatives, affiliates, subsidiaries, agents, and officers, for any losses or damages as a result of use of LeapWebHosting.com products and/or services. Such indemnification shall also include LeapWebHosting.com heirs, successors, assigns, personal representatives, and predecessors. Said indemnification shall include claims, acts of omission, demands, obligations, causes of action, offsets, and liabilities of any nature, arising out of the use of LeapWebHosting.com products and/or services, whether known or unknown. You additionally agree to indemnify and hold harmless LeapWebHosting.com for any court and legal fees arising out of claims against you or your services during your use of LeapWebHosting.com products and/or services. You agree that LeapWebHosting.com has no legal responsibility for your misuse or misrepresentation or any other illegal activity for which you may be held liable during your use of LeapWebHosting.com products and/or services. Should LeapWebHosting.com become aware of any legal action pending against you, it shall present to you an additional release of liability form, and you agree to sign and return said form. Should you fail to comply, LeapWebHosting.com shall consider such action a breach of contract. Should LeapWebHosting.com be named in any legal action against you, you agree that LeapWebHosting.com shall obtain legal counsel of its choosing and that such costs and fees shall be your responsibility.
24. Termination of Services: You are responsible for providing notification to LeapWebHosting.com should you decide to terminate services. Said notification shall occur between 3 and 10 days of your next billing date.
25. Notices: You agree to be responsible for providing LeapWebHosting.com with all means of contact, so that notices may be delivered expeditiously.
26. Legal Age: You affirm that you are of legal age to enter into this Agreement.
27. Final Agreement: You agree that this document constitutes the full agreement between you and LeapWebHosting.com and that this agreement supersedes all prior agreements or proposals. You further agree that this agreement may not be modified by you without a written modification signed by both you and LeapWebHosting.com.
28. No Implication of Agency Relationship: Nothing included in this agreement shall be considered as creating a joint partnership, enterprise or agency between the parties to it. Neither party represents the other in any manner.
29. Waiver: Should we waive any provision of this agreement, said waiver shall be for one time only and shall not in any way waive any or all parts of this agreement.
30. Enforcement: Should any legal entity determine that any part of this agreement is invalid, only that part deemed to be invalid shall be void. All other provision of this Terms of Service/Agreement shall remain fully enforceable. Any invalid portion shall be appropriately amended and shall become a part of this Agreement.
31. Assignment: You may not assign, sell or transfer services to another, except as provided by this agreement or through prior written consent from us. Further, should any creditors of yours attempt to attach rights to this Agreement, we have sole authority to void this Agreement in its entirety. Further, you agree not to sell, copy, lease or in any other manner re-use our services for your own profit or commercial purposes, without our written consent.
32. Force Majeure: Neither you nor we shall be held responsible for any failure to perform any part of this Agreement because of unavoidable circumstances. Such circumstances shall include but be limited to the following: natural events such as storms, floods, tornadoes, hurricanes, fire, acts of God, war, other civil conflict, terrorism, labor issues, failures of suppliers, unforeseeable delays, or any changes in laws or regulations which alter delivery of products/services, or any other act of any governmental entity that impacts the ability of either you or LeapWebHosting.com to fulfill the terms of this Agreement. When such an event occurs, it is the responsibility of the party affected by the force majeure to notify the other party within 5 days of the event. Should the impact last for more than 30 days, LeapWebHosting.com may terminate the Agreement in total.
33. Total Agreement: The foregoing constitutes the entire Agreement between you and LeapWebHosting.com.