Terms of Service & Acceptable Use Policy

The Client agrees to comply with the Limewave Communications Terms of Use and Acceptable Use Policy (this document). The spirit of this policy is to ensure our customers are using Limewave Communications services with due regard to the rights of other Internet users and in conformity with the requirements of Limewave Communications network environment.

Shared hosting is defined as regular shared hosting and/or reseller hosting. Resellers are responsible for content within their account and considered liable.

1) Illegal Use:
Limewave Communications servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

2) Security:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system (directly or indirectly i.e. denial of service attacks), broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

3) Server Resources:
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level or terminated in full. Limewave Communications shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

4) CGI Scripts:
CGI script sharing with domains not hosted by Limewave Communications is not permitted. Any CGI-scripts deemed to be adversely affecting server performance (constantly loading) or network integrity will be shut down without prior notice.

5) Databases:
Any database stored on Limewave Communications that takes up more than usual cpu resources (doing large and complex queries) and/or larger than 100 Mb will be subject to additional database usage fees. We reserve the right, without notice/reason, to throttle/limit MySQL queries and/or maximum connections.

6) Background Running Programs:
Limewave Communications may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Limewave Communications at sales@Limewave Communications.com so that we can arrange set-up.

7) IRC:
Limewave Communications does not allow IRC or IRC bots to be operated on our servers or network.

8) SSH:
Accounts found attempting to read/write files/directories outside of the users home directory is prohibited and may result in suspension and/or termination of the account. Accounts attempting to run, or running, background process is prohibited and may result in suspension/termination of the account.

9) UCE (Unsolicited Commerce Email) - SPAM:
Spamming, the sending of unsolicited mass email from or through a Limewave Communications server/network or using an email address that is maintained on a Limewave Communications machine is STRICTLY prohibited. Limewave Communications will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Limewave Communications server as a mail drop for responses. Violators will be subject to immediate suspension and/or termination. Shared web hosting accounts are limited to sending 60 emails per hour.

10) Server Abuse:
Any attempts to undermine or cause harm to a Limewave Communications server or customer are strictly prohibited.

11) Software and/or Media Distribution:
Limewave Communications shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@limewave.net to make special arrangements.

12) File Distribution and/or Cross Linking:
The customer is aware Limewave Communications shared accounts may not be used to distribute files not directly related to the domains they are hosted on. The customer is also aware they may not cross-link content (i.e. host images on a Limewave Communications account while the actual content is on another server/network). This provision will be handled on a case by case basis.

13) Free Services:
The customer is aware free services, including however not limited to free web hosting, free image hosting, free script hosting and/or free email hosting or any other free service, is prohibited on our network. This provision will be handled on a case by case basis.

14) Data Storage:
Limewave Communications accounts may not be used for data storage including but not limited to backups, videos, media and/or images not linked via a web document located on the account which holds the content.

15) Connection Throttling:
Any account which consumes more than 5% of the servers overall resources will be limited to 15 HTTP connections. Additional requests over your limit will result in a 503 service unavailable messages. If your account has been limited, it's recommended you upgrade to a virtual/dedicated server. Spanning your content across multiple domains/sub-domains trying to bypass this provision is prohibited.

16) Bandwidth Throttling:
Accounts consuming more than average amounts of burstable bandwidth may be capped at their respectful overall data transfer allowance. For an example, a 500 GB per month account would be limited to 1.5 Mbps.

17) External Network Connectivity:
Attempting to connect to external hosts via your shared account is prohibited. An example, however not limited to, would be using your shared account to index websites (i.e. operating a search engine). If you require external connectivity, please request clearance from our abuse department. External connectivity to domain registrars, billing/license systems and/or servers owned by you is allowed however only for the intended purpose i.e. requesting license verification, not scanning ports.

18) Server Performance:
Limewave Communications makes no guarantees as to the servers and/or network performance, however we try to maintain a well balanced environment. The customer may request a server transfer, however accounts with a dedicated IP addresses will not be transferred and we make no guarantees we'll have available space on another server thereby denying the request.

19) Customer Data & Backups:
The customer is aware that Limewave Communications makes no guarantees as to the availability of the customer's data (email, web and/or MySQL). Our standard policy is to process daily backups, however make no guarantee the backups are current, valid or that data can be extracted from such backups. The customer is aware that they will be required to maintain current backups, and retain all data. This policy includes, but is not limited to web content, email, configurations, logs, MySQL databases.

Customers that make data restore requests due to human error will be charged a $150/hour recovery fee.

We do NOT backup nor will be held responsible for data within virtual private, semi-dedicated or dedicated servers unless the customer subscribes to a server management plan which includes remote backup services or has purchased our remote backup service, and then will only be limited as defined above.

Your data is YOUR responsibility!

20) Billing:
Your recurring renewal date defaults to the date your account was provisioned. Customers will be invoiced 7 days prior to the due date (your renewal date) with a reminder 3 days before the due date. An overdue notice will be sent 24 hour after the due date and a $2.00 late fee will be charged to the account. If payment hasn't been received within 24 hours after the accounts due date, all services will be suspended. Accounts that are suspended for 7 days will be terminated and all data removed from our network.

21) Account & PayPal Subscription Cancellations:
The cancellation of subscription(s) without informing billing of the cancellation will result in immediate termination of the account/service, regardless of any days left (forfeiture of pre-paid amounts, and/or time remaining on the account) and without refund. If you wish us to keep services active until the end of your paid term, request this in the cancellation.

To cancel your hosting service, please submit a billing ticket requesting the cancellation, reason for cancellation, and if you require your account to remain online until your paid term ends. This request must be made no later then 7 days (one week) before the next billing cycle.

All amounts outstanding will be forwarded for collection and will incur a $25.00 administrative fee, plus 10% interest monthly on the balance outstanding along with any and all collection and/or legal fees.

Note: All data is removed from our servers (web, email and MySQL) upon termination. We recommend you retrieve your data, BEFORE service is fully terminated.

22) 30 Day Money Back Guarantee:
Refunds under our 30 Day Money Back Guarantee will be prorated based on a 30 day usage schedule less data transfer billable at $1 per GB. Accounts with less than 1 GB of data transfer usage will be refunded the full amount. This policy is required to prevent abuse of our money back guarantee. Accounts terminated for violations under this agreement will not be refunded.

23) Uptime Guarantees:
All service guarantees are defined as network availability to the core router, which is the first non-carrier (upstream) labeled hop. The agreement between Limewave Communications and the customer is a guarantee of 99.9% per month reset every 1st of the month. In the event we are unable to meet our guaranteed network uptime of 99.9%, the customer will be refunded 2.5% per 1 hour of downtime up to a maximum of 75% of your shared hosting plan. Limewave Communications makes no guarantees as to service availability including but not limited to Web, Mail, FTP and or MySQL and/or high bandwidth burstable rates for shared web hosting customers however are guaranteed minimum bandwidth rates when converted from GB to actual Kbps based on monthly usage. The customer must claim the downtime credit no later then 24 hours. To ensure correct tracking, credit requests must be made via our helpdesk and sent to our billing department. Downtime credits may require up to 7 business days to process. Uptime will be monitored via our own external monitoring system. Requests for credit based on non-approved monitoring tools/services will not be honored as we have no way to validate the results.

Dedicated servers DO NOT have uptime guarantees. Downtime as the result of denial of service attacks, customer error and/or acts of god will not be considered valid as we have no control over such issues.

24) Refund Policy:
All payments to Limewave Communications, for service and/or hosting related service including but not limited to support, setup and special service fees are non-refundable. Prepayments, or advanced payments for monthly service charges are non-refundable.

25) Termination of Agreement/Services:
Limewave Communications reserves the right to terminate any account without notice, reason and/or refund. Upon termination, all data will be removed from our network. If your account was disabled for violating this agreement, you will not have access or the ability to recover your files/data.

26) Abuse of Representatives:
The use of inappropriate language while communicating with Limewave Communications representatives will result in termination of your account in full without refund.

27) Service Management:
Limewave Communications shared hosting is an unmanaged service. The customer is responsible for all management, debugging, administration and software/script upgrades (i.e. forums). The customer may request Limewave Communications perform these duties, however understands they will be billed at our regular technical support rates. Dedicated/virtual servers without a management plan will also be held under this provision.

28) Actions Taken by Limewave Communications:
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Limewave Communications will be the sole arbiter as to what constitutes a violation of the Terms of Use. Limewave Communications reserves the right to remove any account without prior notice.

When Limewave Communications becomes aware of an alleged violation of its Terms of Use, Limewave Communications will initiate an investigation. During the investigation, Limewave Communications may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Limewave Communications may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Limewave Communications will notify the appropriate law enforcement authorities of such violation.

Limewave Communications does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. Accounts terminated for violations will not be refunded and all amounts paid, if any, will be forfeited and our 30 day money back guarantee will not be honored.

Limewave Communications customers agree to indemnify and hold harmless Limewave Communications from any claims resulting from the use of our services that damages them or any other party. The Limewave Communications service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, loss of data or non-infringement. Limewave Communications expressly disclaims any representation or warranty that the Limewave Communications service will be error-free, secure or uninterrupted. No oral advice or written information given by Limewave Communications, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Limewave Communications and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

29) Modification:
Limewave Communications reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

30) Acceptance:
The use of any Limewave Communications service/product is hereby acceptance of this agreement in full.

This policy does not apply to the additional services given such as site submission, domain registration or any third party services.

Updated: 02/15/2019 11:00 DVO