Lenernet Solutions, Inc. ("Lenernet Group") appreciates having you visit our Web Site ("Site") but we do ask that you agree to abide by the terms of usage we have established for our Site. If you have already accepted and agreed to one of our Services agreements, then you are covered by that agreement. Otherwise, our Site Terms of Use apply when visiting our Site. If for whatever reason you feel you cannot agree to and abide by our Site Terms of Use, then please exit our Site.

Cancellation / Money Back Guarantee
Cancellation can be made via email to helpdesk@lenernethosting.com. Clients can cancel at anytime, and there is no cancellation fee. If client cancels thier hosting account Lenernet Hosting will provide you with a refund for the remainder of the term. This does not include fees for domain registration. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Clients are responsible for full payment on all accounts whether or not the account is or was ever utilized. .

Suspension
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. We will not provide services for those who use our services for:

• Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
• Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
• Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
• Uploading or linking to any content that violates another's right of publicity or privacy.
• Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
• Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
• Hosting large amounts of data not specifically tied ("linked") to your hosting account. Lenernet Hosting encourages users looking for file storage/backup solutions to seek other services that specialize in this.
  

Content
Use The content and software on this Site may be used as provided for in our Site Terms of Use or our Service Agreement. Any other use, including the reproduction, modification or creation of derivative works, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. Further, our Acceptable Use Policy applies when visiting our Site and is incorporated in our Site Terms of Use Agreement by reference.

Examples of unacceptable material on all Lenernet Hosting Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Lenernet Hosting server.

Using a shared account as a backup/storage device is not permitted.

Copyrights
All content included on the Lenernet Group Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Lenernet Solutions, Inc. or our content suppliers, and is protected by U.S. and international copyright laws. The presentation (including the collection, arrangement and assembly) of all content on this Site is the exclusive property of Lenernet Solutions, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the property of Lenernet Solutions, Inc. or its software suppliers and protected by U.S. and international copyright laws.

Trademarks and Service Marks
LenernetHosting is a trademark of Lenernet Solutions, Inc. in the United States and other countries. Other Lenernet Solutions, Inc. graphics and logos are also trademarks or service marks of Lenernet Solutions, Inc. Corporation. Our trademarks and service marks may not be used (1) in connection with any product or service that is not an offering of Lenernet Solutions, Inc. , unless we have given express written permission to so use our trademarks or service marks, or (2) in any manner that is likely to cause confusion among customers, or disparages or discredits Lenernet Solutions, Inc. All other trademarks and/or service marks identified or referenced in our Site are the property of their respective owners and subject to their usage requirements.

Spam Policy
"Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Lenernet Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Lenenret Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Lenenret Hosting.

Resource Usage
User may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Disclaimer
This Site is provided by Lenernet Solutions, Inc. on an "as is" basis. Lenernet Solutions, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content and materials included on this Site. To the full extent permissible by applicable law, Lenernet Solutions, Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lenernet Solutions, Inc. does not guarantee continuous, uninterrupted or secure access to its Site, and operation of the Site may be interfered with by numerous factors outside of Lenernet Solutions, Inc.'s control, including but not limited to telecommunications network disruptions. Nor does Lenernet Solutions, Inc. guarantee the accuracy, timeliness or completeness of any information on its Site or the results of your use of the Site. Lenernet Solutions, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Lenernet Solutions, Inc.'s AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

Modifications of Agreement
Lenernet Solutions, Inc. may amend this Agreement at any time by posting the amended terms on our Web Site and such terms shall be effective for all use of this Site and services once they are posted. Lenernet Solutions, Inc., in its sole discretion, may also add, delete or change some or all of the features of the Site or Lenernet Solutions, Inc.'s services at any time. Applicable Law This Site is controlled by Lenernet Solutions, Inc. Corporation from its offices within the State of Florida, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Florida, USA, and applicable federal law, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access from outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

99.9% Uptime Guarantee
Lenernet Hosting will refund the customer's monthly fee in the event of Service Outages due to the failure of our Local Area Network or a Web hosting server. For purposes of this guarantee, only downtime lasting at least 10 consecutive minutes is considered a service outage. Lenernet Hosting's guarantee of 99.9% service uptime allows for 45 non-consecutive minutes of (HTTP) service outage per month as defined here.

Lenernet Hosting will not be held responsible for Service Outages resulting from non-Lenernet Hosting operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.) and backbone failures. Additionally, Lenernet Hosting will not be held responsible for delays in the registration or transfer of a domain due to InterNIC related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or "denial of service" attacks on customer Web sites.

Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. Refund requests must be made within thirty (30) days of the issuance of the invoice that represents the time period during which the service outage took place. Regardless of the number of outages, all refunds are limited to one month's hosting service fees and do not include excess usage fees, setup fees or other non-standard recurring charges.

Additionally, service outages will not include downtime due to Acts of God, nor for outside security breaches. Finally, Lenernet Hosting will not be held liable for service outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.

These Terms of Service May Change

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.