Lapalme Web Solutions
Terms of Service
Revisions: 2
Last update: Nov 9 2009
1. Defenitions:
Account: an entity belonging to LapalmeWeb.com, identified by a username and a password. Usually associated with one or more services.
Bandwidth: a) the monthly transfer (inbound AND outbound), measured in bytes, generated by or for an account. b) the transfer rate, measured in bytes per second, generated for an account and generated by an account.
Client: a person, group of people, or legal entity who holds an account at LapalmeWeb.com
Domain names: a unique name followed by a TLD, used to facilitate browsing by associating said name with an IP address
Hosting: the provision of webspace, web services (HTTP, FTP, SMTP, POP, SQL) to a client, by an ISP
ISP: an entity that provides services over Internet (in this document, LapalmeWebSolutions is the ISP)
Upload: the action of transferring data from one computer or host to an ISP, or to an account hosted by an ISP
Referrer: a person who promotes a service to potential clients in exchange for a percentage of the profits, dubbed "referral fee"
Service provider: see ISP, above
Script: a series of instructions that can be executed by an interpreter on the server to generate a desired output; usually used for dynamic web content; interpreters include Perl, PHP, JSP, ASP, SH, etc.
Shared hosting: a service where several hosting accounts may be created on the same host or computer
Spam: any form of messaging (email, chat, etc.) sent without request from the receiver, containing advertisements, promoting a certain product or service or any other undesirable content. LapalmeWebSolutions may, at its sole discretion and without requiring any explanation, decide whether a message constitutes or not, spam.
TLD: Top-Level-Domain; the extension of a Domain Name (see above). Examples: .com, .net, .org are TLD's
Transfer: the action of sending data to a server, or receiving data from a server. Transfer includes both inbound and outbound traffic and is measured in bytes.
2. Acceptable content:
LapalmeWebSolutions does not allow any of the following to be posted, uploaded, linked to or otherwise provided access
to on our servers:
"Warez", "pirated" software and other copywritten materials;
"Cracks", "KeyGens", "Serial codes", "CD Keys", "Key codes" and any other method
to circumvene, remove or otherwise bypass security, product registration or proof of ownership in copywritten software;
"Romz", digital copies of software or other information designed for platforms other than the PC;
Emulators;
Racist content, prejudiced content, any content against any religion, organization, ethnic group and support group;
Adult content, nudity. Any website hosted by LapalmeWebSolutions found in violation of this paragraph is subject
to immediate cancellation without prior notice and without refund. A seven (7) day grace period may be granted
to remove the content if the webmaster or account owner is not directly responsible for the offending content (for
example, if a user posts a link to pirated software on a forum hosted on LapalmeWebSolutions). After the seven day
grace period, if the problem has not been removed, the offending account on LapalmeWebSolutions will be terminated
with no warning and no refund. LapalmeWebSolutions reserves the right to cancel service to any client found in violation of this paragraph, without any warning and without refund. LapalmeWebSolutions will examine potential abuse cases and decide, at its sole discretion, whether or not a particular account is in violation.
3. Billing:
All credit card payments are currently processed by 2Checkout. You may create a subscription with 2checkout by
logging into your account with your username and password. A subscription means that 2Checkout will process
your payment automatically at the beginning of each payment cycle. If you change plans or otherwise
wish to stop paying for the service, you must cancel your subscription with 2Checkout or contact
us at: support@lwshost.com. When changing
plans, you must create a new subscription for that plan at the beginning of the next billing cycle.
Payments must be made within the two first weeks of each payment cycle. Your payment cycle is determined
by your plan. LapalmeWeb.com reserves the right to temporarely suspend an account if a payment
is not made within the first two weeks. After one month, that account will be terminated completely.
Free domain names (included with certain plans) will no longer be free upon account cancellation,
suspension or termniation. A client's domain name will be transferred to the client and annual
payments must be made by the client to maintain the domain name, after his account has been suspended or terminated.
Please allow up to 48 hours to process payments. Please allow up to three days for domain names to be registered
and for DNS records to be updated around the globe. If you wish to cancel a payment or payment subscription,
you must inform LapalmeWeb.com of the desired cancellation at least one week before your payment cycle ends. Otherwise,
you will be billed for the next cycle and will not be offered a refund. If you wish to cancel your account completely,
you must inform us at least one week before your payment cycle ends. You may request to cancel your account at any
time during your cycle and keep it open until the last day.
LapalmeWebSolutions may offer alternative payment methods to Canadian Residents upon request. Fees may be paid by Cheque or Interac Email Transfer.
4. Resources:
LapalmeWebSolutions only offers shared hosting plans. Shared hosting means that several websites are hosted
on one same server. Thus, each client must respect the websites of other clients on the same server,
and the rights of those clients.
4.1: WebSpace
Each account has a limitted amount of webspace. Once a client's maximum amount of space has been reached, the client will
be unable to create new files or upload more data to his/her website. This includes email. the client will
be alerted if he/she approach his/her space quota.
4.2: Bandwidth
Each account has a maximum amount of data transfer per month. Once the client have reached his/her quota, his/her sites
will be unavailable to visitors until he/she upgrade, or until the next month begins. Websites that
saturate our uplinks will also be suspended. 'Saturated' means the point at which one account generates so
much traffic that other websites on the same server experience severely reduced transfer speeds.
4.3: System Memory
The server has a limitted amount of RAM. If an excessive amount of RAM is used by a client (either by a
client's scripts, software or anything else), other clients on the same server may be inconvenienced.
Accounts using excessive amounts of RAM for long periods of time will therefore be suspended.
4.4: System processor
The server's processor is also shared between all clients. If a client's script uses an excessive
amount of processing power for long periods of time, it will be suspended. 'Excessive' is when
other clients on the same server are severely inconvenienced because of processor unavailability.
Any account found in constant violation of this paragraph may be suspended without notice and
terminated without refund. First and second offenders will be notified and granted a seven (7) day
grace period to repair/replace their resource intensive software, or arrange for higher level hosting.
5. Referral Program:
The referral program is currently under construction. This section will be updated before the referral program is made available to the general public.
6. Abuse:
Violation of any of the terms set in this document are considered abuse of this hosting service.
Any account found in violation of these terms may be terminated or suspended without notice and
without refund.
7. LapalmeWeb reserved rights:
7.1: LapalmeWebSolutions reserves the right to terminate any account, at any time and for any reason
or for no reason at all, without warning or notice, and without refund.
7.2: LapalmeWebSolutions reserves the right to temporarely suspend any account, at any time and for any
reason or for no reason at all, without warning or notice, and without refund.
7.3: LapalmeWebSolutions reserves the right to modify this Terms Of Service document at any time.
Each client must accept the revised Terms of Service documents to keep their accounts. It is the client's
responsibility to verify this document regularly for changes and to follow the guidelines and terms set forth
in this document. If a client refuses to accept a new revision of this document, his/her account may
be terminated with or without warning, and without refund.
LapalmeWebSolutions will inform clients, by email, of any major modification to this document.
7.4: LapalmeWebSolutions reserves the right to shutdown services such as HTTP, FTP, SMTP, POP, etc... for
regular maintenance, with or without notice to it's clients. Maintenance includes applying security patches
and upgrades.
7.5: LapalmeWebSolutions reserves the right to shutdown the hosting service completely at any time, with or
without notice and without refund.
8. Liability:
LapalmeWebSolutions provides no garantees as to the quality of the service, nor as to the security of the
service. Security in scripts and databases is the responsibility of the client. Use difficult passwords
and secure your scripts! LapalmeWebSolutions cannot be held responsible for security related issues such
as break-ins, data theft, defacing, and any other criminal activity that may take place due to a lack of
security. LapalmeWebSolutions provides limited weekly and monthly backups. Clients are responsible for keeping accurate backups of their data. Data loss due to anything
including equipement failure MAY OCCUR. LapalmeWebSolutions cannot be held responsible for the loss of data
under any circumstances. It is the client's responsibility to maintain current backups of their own
websites and databases. LapalmeWebSolutions cannot be held responsible for the content posted by its clients
on LapalmeWeb.com webspace. If you have any complaints in regards to content on our servers, please contact
our abuse department at abuse@lapalmeweb.com.