Disclosure to Law Enforcement: Any illegal activities will be reported to the proper authorities and those accounts will be canceled. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP number if law enforcement agent who makes a written or verbal request without further consent or notification to the Subscriber. In addition Lowest Host shall have the right to terminate all service set forth in this Agreement.

 

Term/Termination of Web Hosting Agreement

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Lowest Host/Empire Technology LLC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term." All fees are paid in advance of the term being covered if you are paying via E-Check your term begins after the E-Check has cleared.

b. This Agreement may be terminated

i. by either party by giving the other party thirty (72) hours prior written notice (before the next billing period), in writing via our cancellation request button or by opening a support request here. email requests sent to the wrong email address or sent without proof of the account holder will not be honored. A valid order cancellation receipt will be sent immediately if our cancellation request button is used and within 12 hours after a support technician replies to your request if using our support desk.

ii. By Lowest Host/Empire Technology LLC in the event of nonpayment by Customer, Lowest Host/Empire Technology LLC provides the Client with a 10 day grace period for payment on most services (other specific service listed below). A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period. If your account goes beyond the 10 Grace period during a billing period your account will be assessed a 20% late fee, after 30 days you account will be terminated.

iii. Dedicated servers: In the event of nonpayment by Customer, Lowest Host/Empire Technology LLC provides the Client with a 5 day grace period for payment on Dedicated Servers. A service will be interrupted or deactivated on outstanding accounts that reach 5 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 5 day grace period. If your account goes beyond the 10 day days late during a billing period your account will be assessed a 20% late fee. Dedicated servers that reach 10 days past due will be released to geneal public and may be re-imaged & resold.

iiii. Software License Lease: In the event of nonpayment by Customer, Lowest Host/Empire Technology LLC provides the Client with a 0 day grace period for payment on Software Licenses. A License will be deactivated until outstanding accounts are brought current.. If your account goes beyond the 10 Days Late period during a billing period your account will be assessed a 20% late fee.

iiiii .If a service is deactivated due to nonpayment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via check including check have cleared.

iiiiii . All Payment disputes will be processed through our Billing department If A cahrge back to any of our payment processors Empire Tecnnology (includes Echeck) or Paypal all services will be terminated & a $35 processing fee will be levied to your account.

iiiiiii . For Echeck Payments through Empire Technology a $35 Fee will be added to your account for returned checks NSF in your checking ccount.

iiiiiiii. Lowest Host/Empire Technology LLC, at any time, without notice, if, in Lowest Host/Empire Technology LLC's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Lowest Host/Empire Technology LLC's sole and absolute discretion and/or judgment, could disrupt, Lowest Host/Empire Technology LLC's business operations and/or

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,

i. you shall be obligated to pay all fees and charges accrued to the effectiveness of such cancellation,

ii. Lowest Host/Empire Technology LLC shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) up after effectiveness of cancellations before 30 days (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,

iii. You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term

d. Lowest Host/Empire Technology LLC may terminate this Agreement

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or

ii. Immediately by giving written notice to Customer, if Lowest Host/Empire Technology LLC determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If Lowest Host/Empire Technology LLC cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, Lowest Host/Empire Technology LLC shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Lowest Host/Empire Technology LLC shall have the right to charge you an administrative fee of $50.00.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Lowest Host/Empire Technology LLC may be entitled.

f. IMPORTANT NOTICE: All Payments To Lowest Host/Empire Technology . Are Nonrefundable unless they fall under the 30 Day Money Back Guarantee!

g. Non refunable Item SSL certificates, Domain names, External Cpanel Licenses, R1 soft Licenses, and server set up fees all sales are final at the time of purchase.

h. For Dedicated Servers there will Be a 1 time restocking Fee for Items returned before the 30 Days equal to the the server set up fee If no set up fee was charged it shall be equal to the first months server lease, additionally any software licenses leased with the the server client shall be responsible for the full months Fee.

i. All external software licenses IE: cpanel, r1 soft, fatastico, etc will be deactavated at the end of the billing period if not paid in advance.

h. Unmanaged VPS hosting

hh. Lowest Host/Empire Technology LLC offers Unmanaged VPs Hosting that does not include any type of managed services with the exception of hardware or network issues. Any issues regarding failure of hardware or problems with network may be reason for unmanaged clients to request support from our Help Desk All other requests by unmanaged clients may be charged an administration fee for service.

hhh. Fees Lowest Host/Empire Technology LLC reserves the right to charge an unmanaged client for managed services requested for all other problems not related to hardware or network issues. Pricing for specific tasks are defined below:

All Pricing is for per issue basis

Any Support ticket opened for non-related hardware/network issues: $3/per ticket and/or request

Basic Setup/Install: $20
Basic Setup + Basic Security Hardening: $30
Recompile PHP/Apache: $30
Recompile PHP/Apache + Add Mod Security Custom Rule Set: $40
Non-approved or non-standard software install: $60/hr with a minimum of 1/2 hour billed
cPanel Exim Mail Secure (Protects from SPAM): $30
Re-Install OS/control Panel: $20
Reinstall OS/control Panel + Basic Setup: $40
Reinstall OS/control Panel + Basic Setup + Security Hardening: $50

Reinstall from backup $20

i. Managed Dedicated Hosting (Dedicated servers)

ii. Lowest Host/Empire Technology LLC offers Managed Dedicated servers that does not include certain time consuming features. Any issues listed below. All other requests by managed clients may be charged an administration fee for service.

• OS reinstall: (reinstall your OS to a fresh blank image) $50
  
• Restore user account accounts from backup as a result of a crashed or root compromised server. Note: Lowest Host/Empire Technology LLC does not backup your dedicated server you (the client are responsible for maintaining backups), However if you are using backup space on one of our backup servers or our R1 Soft continuous backup solution we will install from the location you specify for a nominal administration fee listed below.
  
• Restore from backup our backup server, spare hard drive. Or third party location: Price varies open a ticket to get quote.
  
• Restore from R1soft continous backup solution: $30
  
• Best attempt to restore from a failed or corrupted Hard drive: $50
• Non-approved or nonstandard software install: $60/hr with a minimum of 1/2 hour billed
• KVM Access: $20

  The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support: Lowest Host/Empire Technology LLC , provides technical support to our subscribers. We limit our technical support to our area of expertise and will not help you with your own personal computer problems.

SPAM and Unsolicited Commercial E-mail (UCE): Lowest Host/Empire Technology takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail or spamvertizing sites (UCE) or SPAM over our network. Very simply this means that customers of Lowest Host may not use or permit others to use our network to transact in UCE. Customers of Lowest Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

• Violation of Lowest Host/Empire Technology's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Lowest Host/Empire Technology will initiate an immediate investigation (within 12 hours of notification). During the investigation, Lowest Host/Empire Technology may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Lowest Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Lowest Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Lowest Host will notify law enforcement officials if the violation is believed to be a criminal offense.



• Violations of this policy may result in the immediate termination of your account. Users who violate this policy agree that they will pay
  

  "Research Fees" will be charged at $50 per hour not to exceed $150 (1 Hr min) per hour that Lowest Host personnel must spend to investigate the matter.
  

  Penalty of $1.00 per Spam message sent will be levied.
  

  For each RBL or block list We are listed to a fee of $150 per incident
  

  Resellers You will be levied to above fees if one of your customers send Spam

  Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk E-mail, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• E-mail address cultivating, or any unauthorized collecting of e-mail addresses without prior notification of the e-mail address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

PLEASE, DO NOT SPAM from your account.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites (includes Warez Linking )
• Distribution of music files or any other material in which the account holder does not own the copyright.
• 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 Debenture Trading Programs
• Lottery sites
• Rpg's, hate sites
• Hacker focused sites (illegal hacking game hacks are ok)
• Sites promoting illegal activities
• Mail Bombers and Spam Scripts
• Brute Force Programs

Lowest Host/Empire Technology LLC . will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Per Service type - as well as all of the the above

Examples of Service types :

• Shared Hosting (web site owners & resellers who are on a server with others)
• Virtual Private Server (VPS/VDS)
• Dedicated Server

Shared Hosting Servers -

Adult Content - Adult Content or links to Adult Content are not permitted on Lowest Host/Empire Technology Servers unless special permission or a custom order is requested

Bittorrent - Bittorrent or Bittorrent Tracker software

Resource Usage -

• Use 25% or more of system resources for longer then 90 seconds.This includes Cpu, Ram,. 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
• Run any type of web spider or indexer (including Google Cash / AdSpy)
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

Virtual Private Servers -

Bittorrent - Bitorrent or Bittorrent Tracker software

Resource Usage -

• Excessive CPU Share (virtuozzo servers only): Any VPs caught monopolizing the use of 1 or more of the CPU cores will be asked to remove the application causing the issue
• Ram Usage: Any VPs that is monopolizing Burst Ram (not applicable to servers odered after jan 1 2009)

Dedicated Servers -

• No restrictions all is allowed with the exceptions of the global disallow and terms listed above and in our AUP
• Bittorrent is allowed (legal content only )
• Chat servers are allowed (no conection to global network)

Network -

a. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Lowest Host will monitor Customer's bandwidth and disk usage. Lowest Host shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Lowest Host's sole and absolute discretion. If Lowest Host takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

b. Current Fees for Data Transfer overages

Data Transfer is billed from the first of the month to the end of the month regardless of your billing cycle

$1.80 per GB if not pre paid
$1.00 per GB if prepaid
If you have a Credit Card on file you will be automatically invoiced and billed at the lesser rate. If client usage exceeds allotted amount Bandwidth during a given transfer period and payment in full can not be obtained immediately when the invoice generated your account will be immediately suspended. If the client has no credit card file or has not prepaid the overages your account will be suspended within 12 hours of the end of the transfer billing period.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Lowest Host Network. Violations of system or network security may result in civil or criminal liability. Lowest Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any MCP/IP packet header or any part of the header information in any e-mail or newsgroups posting.
v. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation -

a. Lowest Host/Empire Technology LLC is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

b. First violation: Any User, which Lowest Host determines to have violated any element of this TOS/AUP, may or may not receive an e-mail, warning them of the violation depending on the type of violation. The service may be subject at Lowest Host/Empire Technology's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that Lowest Host determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation:Lowest Host/Empire Technology LLC reserves the right to suspend network access to any customer if in the judgment of the Lowest Host/Empire Technology LLC network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS/AUP or for any other reason which Lowest Host/Empire Technology LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Lowest Host/Empire Technology LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Lowest Host must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Lowest Host wishes to emphasize that in agreeing to the Lowest Host Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Lowest Host/Empire Technology LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Lowest Host/Empire Technology LLC or the bringing of any claim against Lowest Host by any third-party. This means that if Lowest Host is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Lowest Host/Empire Technology LLC, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

Lowest Host reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). If you Violate of our TOS/AUP and your account is terminated you are not entitled to any refund as you entered a binding contract which you willfully violated.