LIMITED VISUAL SERVICES TERMS OF SERVICE

THIS AGREEMENT BETWEEN LIMITED VISUAL SERVICES, INC. (hereinafter referred to as "Limited Visual Services") and Account Holder (hereinafter referred to as "User")

WHEREAS Limited Visual Services provides the service (the "Service") of hosting World-Wide-Web sites in exchange for valuable consideration by the User;

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Limited Visual Services and User agree as follows:

1. The Service. Limited Visual Services agrees to provide User with storage space on the Limited Visual Services server for the purpose of hosting a world-wide-web site (the "Site") in the prescribed amount stated on www.lvs.net. Where the user subscribes to any of the listed hosting plans user agrees to be bound by the additional terms of service found on http://www.lvs.net

2. Limitations. The Service is subject to the following limitations:

  1. CPU Resources. User acknowledges that the Service is provided on a shared server environment and agrees not to engage in any activity that could overwhelm the servers with heavy CPU usage or that requires a disproportionate amount of the resources of the Limited Visual Services servers, including without limitation, use of highly active CGI scripts or chat scripts;
  2. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
    1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
    2. nudity or pornography;
    3. content that exploits children under 18 years of age;
    4. hate propaganda;
    5. racist, threatening, or otherwise abusive content;
    6. the promotion or incitement of, or instruction for, the commission of illegal activities;
    7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
    8. content promoted through the sending of unsolicited e-mail (also known as spamming);
    9. sending of unsolicited e-mail (spam) from the Limited Visual Services server, or any other server that refers to content on the Limited Visual Services server, or sending such e-mail with a Limited Visual Services' hosted Web site listed as the contact address;
    10. warez, cracks, hacks, spam software & their associated utilities;
    11. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
  3. Idem. User agrees that Limited Visual Services is not responsible for content on pages hosted on member sites and acknowledges that Limited Visual Services does not endorse or verify any such material;
  4. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site;
  5. Backup and Monitoring. User is solely responsible for creating backups of any files associated with their Site and for monitoring and maintaining their Site.
  6. Notice to Officials. If Limited Visual Services determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that Limited Visual Services may provide copies of User's web pages to the appropriate officials without notice to user. Limited Visual Services will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
  7. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net;
  8. Bandwidth. USER agrees to be bound by the restrictions pertaining to allowable bandwidth data transfer on a per-month basis as stated on www.lvs.net; In the instance of the overuse of bandwidth, where USER exceeds the bandwidth limit, the LIMITED VISUAL SERVICES accounting department will contact USER and offer USER the option to either upgrade USER's plan or reduce bandwidth usage. LIMITED VISUAL SERVICES will reasonably cooperate with USER in such instances. However, if USER refuses to either upgrade USER's plan or reduce bandwidth usage, LIMITED VISUAL SERVICES will have the right to deactivate USER's Web site with no compensation to USER.

3. In the instance of LIMITED VISUAL SERVICES WEB MAILô, the following provisions apply:

  1. Responsibility of the User. User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of Limited Visual Services; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any of that kind of content; or (f) refer to or contain any matter referred to in paragraph 3d of this Agreement.;
  2. Account Size. Userís e-mail box may store no more than the prescribed amount stated on www.lvs.net. When User's account approaches the maximum email box size, Limited Visual Services shall notify User by email that User's account is approaching full capacity. If User does not subsequently delete email box contents to reduce email box size, then any further emails sent to User which results in User's email box exceeding maximum capacity will be returned to sender without notice to User.
  3. Spamming is Prohibited. Limited Visual Services will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. Limited Visual Services reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's account may be terminated without notice;
  4. Privacy of User's Mailbox. Limited Visual Services considers User's registration data and the content of all User's messages to be private. Messages that User sends will be received with User's name and Internet Protocol (IP) address contained within the header of the e-mail message. Limited Visual Services will not intentionally monitor or disclose any of User's email messages or registration data unless Limited Visual Services believes in good faith that Limited Visual Services is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Limited Visual Services in any action, or (iv) to protect Limited Visual Services property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User's passwords, Limited Visual Services encourages user to change passwords frequently and to not share them with anyone;
  5. Privacy of your Registration Data. User understands that the E-mail services are supported by advertising and Limited Visual Services will disclose statistics about our aggregate registration information in connection with our marketing activities;
  6. Registration Data. User agrees to provide Limited Visual Services with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;
  7. Personal Use. User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify Limited Visual Services immediately if User becomes aware of any unauthorized use of mailbox;
  8. E-mail Retention. User must remember to check their mailbox for messages frequently. All email that User receives in their mailbox that is not opened for more than 60 (sixty) days will be deleted and unrecoverable;
  9. Cancellation of Mailbox. If User's mailbox is cancelled by User or by Limited Visual Services, all email, including any attachments will automatically be deleted; and
  10. Proprietary Rights. User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.
  11. Outgoing e-mail. In the instance of Limited Visual Services, USER is restricted to e-mailing a maximum of 1000 messages per day. Where USER exceeds their daily limit, outgoing USER e-mail will be suspended indefinitely.

4. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net

5. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:

  1. Limited Visual Services makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
  2. Limited Visual Services is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons; Limited Visual Services makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
  3. Limited Visual Services makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
  4. Limited Visual Services may link to or include on its Web resources, information provided by third party partners and providers. Limited Visual Services does not guarantee or warrant the reliability of this information nor does Limited Visual Services recommend any of these services;
  5. User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis. Limited Visual Services may change the features or functionality of the E-mail services at any time, in our sole discretion. Limited Visual Services expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  6. Limited Visual Services makes no warranty the E-mail services will meet User's requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does Limited Visual Services make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
  7. User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
  8. Limited Visual Services makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
  9. No advice or information, whether oral or written, which User obtains from Limited Visual Services or through the E-mail services shall create any warranty not expressly made herein.

6. Limitation of Liability. Limited Visual Services is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Limited Visual Services server; or losses or damages arising from the use of the content or services provided by Limited Visual Services. For greater certainty and without limitation to the generality of the foregoing:

  1. Limited Visual Services liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to Limited Visual Services, if any, for the prior term of contract, whether a monthly, quarterly semi annual or annually payment the customer currently pays;
  2. in no event will Limited Visual Services be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
  3. Limited Visual Services, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
  4. in no event shall Limited Visual Services be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
  5. In no event shall Limited Visual Services be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.

7. Indemnity. User agrees to indemnify and hold Limited Visual Services harmless from and against, and to reimburse Limited Visual Services with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Limited Visual Services by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libelous, or defamatory content on the Site.

8. Termination.

  1. Either Limited Visual Services or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
  2. Limited Visual Services may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
    1. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net;
    2. User engages in conduct or posts material on the Site that Limited Visual Services in its sole discretion believes is harmful to other Users, the business of Limited Visual Services or any third-party;
    3. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Limited Visual Services server;
    4. User disputes the terms of this Agreement or any amendment set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net
    5. Limited Visual Services receives any complaints regarding User or the Site from any other Users or third parties.
  3. In the instance of Limited Visual Services premium services, the following conditions apply where this Agreement is terminated by User:
    1. All premium service packages are subject to an unconditional 30 (thirty) day money-back guarantee. Any premium service package cancelled within 30 (thirty) days of activation will be refunded in full less a $10 USD (ten U.S. dollars) set-up fee, domain registration fees and any additional shipping and handling charges;
    2. The refund policy described in sub-paragraph c.i. does not apply to any additional services including but not limited to domain name registration, domain name pointing, additional e-mail accounts, additional disk storage space or additional data transfer;
    3. In the instance of the any hosting plan where User receives domain name registration as part of hosting plan, a $25 USD (twenty-five U.S. dollar) registration fee will be held upon cancellation of plan. User will maintain ownership of said domain name and may transfer name to a third party;
    4. All requests for cancellation must be sent in writing by facsimile or post to the head office of Limited Visual Services. Receipt of such request will be confirmed by Limited Visual Services;
    5. Cancellation requests made by telephone or e-mail will not be accepted by Limited Visual Services; and
    6. Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in paragraph 9c.
  4. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.

9. Assignability. This Agreement is assignable to a third party by Limited Visual Services, with notice to User. Such notice shall be made known on the Web site www.lvs.net.

10. General.

  1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
  2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the State of Illinois and the federal laws of the United States of America and is treated in all respects as an Illinois contract.
  3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
  4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Limited Visual Services anywhere on the site www.lvs.net, constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
  5. Survival. Any terms and conditions of this Agreement, which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), Article 9 (Assignability) and this Article 10 (General).
  6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
  7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.
  8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

11. Payment Policies. In the instance of the all plans offered by Limited Visual Services, the following provisions apply:

  1. Payment. Payment must me made in full for the entire term selected prior to account activation, or by such agreement with the billing department of Limited Visual Services.
  2. Payments falling in arrears can be cause for termination of services.
  3. If services are terminated, a cdrom copy may be available of your web data at a cost equivalent to full payment of any payments that are in arrears, no additional cost would be required. You would have thirty days to request this service, payment would be required prior to any data being submitted to user.
  4. Billing Cycle. All Limited Visual Services hosting accounts are setup on anniversary billing cycles. Userís billing cycle corresponds to contract length initially chosen during setup. Userís account will automatically renew at this length. On request billing cycles can be on a monthly or semi annual basis by such agreement with the billing department of Limited Visual Services.
  5. Dormant Accounts. User accounts that remain unpaid after expiry date will be considered dormant and hosting service will be suspended until payment has been made.
  6. Automated Billing. Userís credit card will be billed 5 days prior to expiry date. If credit card fails, e-mail notification will be sent to user and account will be switched to manual billing. User will then be responsible for submitting payment manually. If payment is not submitted by date of expiry, account will fall into dormant status.

12. Right to Refuse Service. Limited Visual Services reserves the right to refuse services to any User in the event that User does not abide by the provisions set out in this Agreement. If Limited Visual Services deems the User to be a hindrance on business, the User will be "blacklisted" and Limited Visual Services will not in the future, provide any services to User. In any such event, Limited Visual Services will give User 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.