Terms Of Service

Terms of Service
Revised 03/30/2006

1. Introduction

LifetimeWebsites.com is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both LifetimeWebsites.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.

2. Definitions

A "LifetimeWebsites.com" refers to the web hosting and other services provided by Lifetime Websites, LLC.

B. "Customer" refers to you, the party requesting service from LifetimeWebsites.com and using services provided by LifetimeWebsites.com.

C. "The Service" refers to the service(s) provided by LifetimeWebsites.com to its customers, including, but not limited to, the use of space on LifetimeWebsites.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of LifetimeWebsites.com Internet servers to process data and return information to visitors at customer web site(s), the use of LifetimeWebsites.com domain name servers to answer domain name queries for customer domain name(s), the use of LifetimeWebsites.com domain name registration services to register a domain name(s), and the use of LifetimeWebsites.com mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide.

D. "Credit Card" refers to credit card information on file in Lifetime Websites's billing system. You can access your billing account and Credit Card information at http://billing.lifetimewebsites.com.

3. Scope of our Services

LifetimeWebsites.com will provide you with services as detailed on our website at LifetimeWebsites.com.

4. Termination of This Agreement

To cancel your account, you must send a cancellation request using our contact page.

5. Your Responsibilities

A. You MUST supply appropriate payment for LifetimeWebsites.com service before starting use of the service.
B. You SHOULD maintain a current copy of all data stored on LifetimeWebsites.com servers. LifetimeWebsites.com makes backups, but these backups are for our sole use in the case of a catastrophic data loss and cannot be used to recover customer data due to the customer's accidental or intentional deletion of files.
C. You MUST use the service only for lawful purposes.
D. You MUST comply at all times with our policies. In agreeing, you understand that the policies can, and will, change periodically without notice. A complete and updated list of our policies is located publicly at: Lifetime Websites Policies
E. You MUST allow us to contact you in any way, shape, or form for purposes that we deem appropriate within the constructs of U.S. Law.
F. You MUST not slander, libel, or publish defamatory information against us in any way or manner.
G. You MUST insure that your domain name registration is renewed upon expiration. By design, expired domain names will stop working for a period of 30-60 days before being released back to the public domain. This is a grace period afforded the current registrant by the registration companies according to ICANN rules. If your domain name expires, is released back to the public domain, and is registered by another party, you will have no recourse other than selecting a new domain name or canceling your hosting plan.

6. Service at Will

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.

You have the right to terminate your relationship with LifetimeWebsites.com at any time for any reason. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.

7. Refunds and 30-Day Money Back Guarantee

Domain Name Registrations and Renewals
Domain Name registration and renewal fees are not refundable under any circumstances including, but not limited to, the misspelling of the domain name by the customer. If, as part of your hosting service, we registered or renewed a domain name on your behalf, you will be assessed a domain name registration fee equal to the current "Domain Name Registration Fee" for that type of TLD in affect at LifetimeWebsites.com. This charge will be deducted from any amount refunded.

Credits/Refunds
If you cancel a service on which you've made a Quarterly or Annual Payment, the credit or refund will be calculated based on a daily rate calculated by dividing the Monthly Payment price for the service by 30, multiplying the number of days since the payment by that amount, and subtracting it from the payment made. Under no circumstances will a refund be issued for an amount less than that of a monthly payment. You understand and agree that this amount is retained by Lifetime Websites as payment for the administrative costs of canceling the account.
A refund will only be issued if you have no other services with Lifetime Websites, otherwise a credit will be issued toward your account. Refunds to credit cards can only be made within 30 days of the purchase. If you cancel after that period, a check will be sent to you. There is a $10 service and processing fee for issuing refund checks. Setup fees are non-refundable.

Web Hosting Service
LifetimeWebsites.com provides a 30-day Money Back Guarantee on Domain Hosting service fees only. Any and all fines or additional fees that you incur while using our service including, but not limited to, Spamming Fines, Traffic Overage Charges, Abuse Fines, and Add-ons are not refundable and are not cancelable in any way. If you have not paid all of your Fines and/or Additional Charges, you agree that Lifetime Websites has the right to charge your Credit Card for payment of such Fines and/or Charges, and you grant authorization for Lifetime Websites to make such charges. If Lifetime Websites is unable to charge your Credit Card, then you will leave with a Balance Due. A Balance Due means that you will not be given access to files stored on our servers, and if you ever return to obtain services from us you must pay the Balance Due before you can host with us again. Refunds resulting from our decision to terminate your service (as per section 6 of this document) will be issued, or not, at our sole discretion.

Special terms apply to refunds if, as part of your hosting service, we registered or renewed a domain name on your behalf (See the section entitled Domain Name Registrations and Renewals )

To cancel your account, you must send a cancellation request using our contact page.

8. Payments and other fees

Over-Due Accounts
You agree to pay all hosting and service fees on, or before, their due date. If payment is not received within fourteen (14) days (seven (7) days for Lifetime Hosting) of the due date, your account will be considered delinquent. Delinquent accounts may be suspended at anytime at the sole discretion of Lifetime Websites. If your account is suspended, you may be required to pay a $15.00 account reactivation fee. Whether or not a reactivation fee will be levied is at the sole discretion of Lifetime Websites.

Accounts delinquent for more than 30 days are subject to deletion. All files and Email will be deleted from our servers and cannot be recovered. If the account is deleted, it will be the same as if the account never existed, and the customer will have to open a new account subject to all applicable hosting fees and Balance Due charges as described in section 7 entitled "Refunds and 30-Day Money Back Guarantee". The customer may request that the deleted files be retrieved from the backup tapes. There is no guarantee that the files will be recoverable. If the hosting of the site is resumed, then there will be a $25 charge for recovering the files. The site will not be enabled until payment of the $25 service fee and any outstanding hosting fee(s) are received. If the site is not to be hosted again, there is a $75 service fee for recovering the files. In that case, the files will be retrieved and placed in a password protected compressed file and sent to the customer. Once payment is received by Check or Money Order, the password to the compressed file will be sent to the customer. If payment is made by check, the password will not be provided until the check clears the bank. The customer agrees and understands that the files retrieved will be on the last good backup of the files and may or may not be the exact files on the site at the time it was deleted for non-payment.

Fines and Service Payments
Any and all fines or additional fees that you incur while using our service including, but not limited to, Spamming Fines, Traffic Overage Charges, Abuse Fines, and Add-ons are due immediately. You agree that Lifetime Websites has the right to charge your Credit Card for payment of such Fines and/or Charges, and your grant authorization for Lifetime Websites to make such charges.

Lifetime Hosting Plans: Renewals
"Lifetime" hosting plans will be renewed automatically 30 days in advance of their anniversary date unless LifetimeWebsites.com is notified by the customer that they do not want the plan renewed. Once renewed, the plan will remain in force until the next anniversary date. There will be no refunds for early terminations.

Automatic Renewal Of Credit Card Payments
You understand and agree that Lifetime Websites will implement automatic renewals on all recurring fees paid by Credit Card. Recurring fees include, but are not limited to, Monthly, Quarterly, and Annual Hosting fees, and Domain Name Registration renewals, and you grant authorization for Lifetime Websites to make such charges.

Automatic Renewal Of Domain Name Registrations
Unless notified by you 60 days in advance of the domain name expiration date, domain name registrations will be automatically renewed 30 days before their expiration date. The period of renewal will be the same as that which was selected when the domain name was registered/transferred. Once renewed, domain name renewal fees are non-refundable. Effective immediately, all domains that were registered by Lifetime Websites under their name will be renewed under the customer's name for free. On subsequent renewals, the customer will be charged the registration renewal fee in affect at the time of the renewal. The customer can transfer the domain name to another registrar prior to the renewal if they want to.

Check Payments
Services will not be delivered or performed until the check clears the customer's bank. There is a $35 charge for returned checks.

9. Indemnification

You agree to indemnify, defend, and hold harmless LifetimeWebsites.com from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damaging either you, LifetimeWebsites.com, or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

10. Warranties

Aside from said uptime guarantee, LifetimeWebsites.com makes no warranties or representations of any kind for the services being offered. The service is provided on as "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by LifetimeWebsites.com or its agents or employees shall create a warranty. LifetimeWebsites.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall LifetimeWebsites.com be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with LifetimeWebsites.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

99.9% Uptime Guarantee: LifetimeWebsites.com guarantees that its internet backbone will stay up 99.9% of the time. If in any given month, the backbone does not stay up for at least 99.9% of the time, LifetimeWebsites.com will, upon customer providing sufficient proof of the outage, provide the customer with a credit to their account equal to the cost of one month's hosting. Service outages not relating to the internet backbone including, but not limited to, customer local ISP outage, hackers, acts of god, war, server hardware failures, customer computer outages, etc., are not covered by this guarantee. In order to redeem the guarantee, the customer must contact us using our contact page with the exact dates and times of the outage, including proper traceroute information showing their domain is inaccessible.

11. Notice Under the Electronic Communications Privacy Act (ECPA)

LifetimeWebsites.com reserves the right to monitor any and all communications through or with our facilities. You agree that LifetimeWebsites.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.

12. Prior Agreements

This agreement supersedes any written, electronic or oral communication you may have had with LifetimeWebsites.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.

14. Jurisdiction

This agreement shall be governed by the laws of the State of Georgia.

15. Acknowledgement

By ordering services, or by placing and continuing to maintain or place information on LifetimeWebsites.com servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them. You also acknowledge that these Terms of Service may be revised without notice, and you assume all responsibility to return to this webpage to insure that you are still in agreement with them. Your only recourse for not agreeing with the Terms of Service in effect at any point in time is to cancel your services with LifetimeWebsites.com.