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| TERMS OF SERVICE TERMS OF SERVICE (TOS) These HTMLX.com / a division of L-Cubed Services LLC Terms of Service (this " Agreement ") and HTMLX.com / a division of L-Cu bed Services LLC's Acceptable Use Policy (" AUP ") govern your purchase and use of all HTMLX.com / a division of L-Cubed Serv ices LLC services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by HTMLX. com / a division of L-Cubed Services LLC. You must register and accept the terms of this Agreement and the AUP in order to u se the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. HTMLX.com / a division of L-Cubed Servic es LLC may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion . Any modifications are effective upon posting of the revisions on the HTMLX.com / a division of L-Cubed Services LLC web si te (the " Site "). Your continued use of the Services following HTMLX.com / a division of L-Cubed Services LLC's posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify HTMLX.com / a division of L-Cubed Services LLC of your termination o f this Agreement in the manner described in Section 1.1 below. Term and Payment for Services. Term. This Agreement will be for an " Term " of 1 month from the date the Services are first provided by HTMLX.com / a divis ion of L-Cubed Services LLC. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial T erm or any Renewal Term for a period of thirty (30) days unless you provide HTMLX.com / a division of L-Cubed Services LLC wi th written notice of termination at least 30 days before the end of the Initial Term or Renewal Term, whichever is then appli cable. To schedule your account for cancellation, please send an email to info@htmlx.com, with the Subject "Account Cancellat ion". Please provide your email address and you domain name in the body of the email. We cannot be held responsible for conti nued invoicing if the above method is not followed. Termination. This Agreement may be terminated: (i) by you or HTMLX.com / a division of L-Cubed Services LLC during any Rene wal Term, without cause, by giving the other party 30 days prior written notice; (ii) by HTMLX.com / a division of L-Cubed Se rvices LLC in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by HTMLX.com / a division of L-Cubed Services LLC, at any time, without notice, if, in HTMLX.com / a division of L-Cubed Services LLC's sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if HTMLX.com / a division of L-Cubed S ervices LLC terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is t hen applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly r ecurring fees for each month remaining in the term and any other amounts you owe to HTMLX.com / a division of L-Cubed Service s LLC under this Agreement. Charges. You will pay all charges for your use of the Services at the then current HTMLX.com / a division of L-Cubed Services LLC prices. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any othe r taxes assessed with respect to the Services, other than taxes based on HTMLX.com / a division of L-Cubed Services LLC's net income. Payment. You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the aniversary day of each month according to the then current price fo r the Services." You must pay for the Services by credit card. You authorize HTMLX.com / a division of L-Cubed Services LLC to charge your credit or debit card to pay for any charges that may apply to your account. You must notify HTMLX.com / a di vision of L-Cubed Services LLC of any changes to your card account (including, applicable account number or cancellation or e xpiration of the account), your billing address, or any information that may prohibit HTMLX.com / a division of L-Cubed Servi ces LLC from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due dat e is a material breach of this Agreement, justifying HTMLX.com / a division of L-Cubed Services LLC to suspend its performanc e and terminate this Agreement. If HTMLX.com / a division of L-Cubed Services LLC terminates for your material breach, you w ill be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for eac h month remaining in the term and any other amounts you owe to HTMLX.com / a division of L-Cubed Services LLC under this Agre ement. You are responsible for any costs HTMLX.com / a division of L-Cubed Services LLC incurs in enforcing collection, incl uding reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months o f Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services. Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Micros oft if violated. Refund and Disputes. All payments to HTMLX.com / a division of L-Cubed Services LLC are nonrefundable. This includes any ap plicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in HTMLX.com / a division of L-Cubed Services LLC's sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay HTMLX.com / a division of L-Cubed Services LLC an "Investigation Fee" of $100.00. Use of Services. Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as HTMLX.com / a division of L-Cubed Services LLC may specify) and may be updated from t ime to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. HTMLX .com / a division of L-Cubed Services LLC MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGRE EMENT. Domain Names. Upon registering your domain name, you are bound by the terms of the registration service's then current domai n name policy and the policies of the national DNS registration authorities. HTMLX.com / a division of L-Cubed Services LLC will not refund any fees you paid with respect to the registration of a domain name you are unable to use. All new webhostin g accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforesg accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unfores een complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by you , there will be no handling fee. If the domain is registered by HTMLX.com / a division of L-Cubed Services LLC on your behal f a handling fee will be incurred. New webhosting accounts which involve the transfer of a domain from another provider to H TMLX.com / a division of L-Cubed Services LLC will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer proc ess, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HTMLX.com / a division of L-Cubed Services LLC on your behalf, a handling fee will be incurred. If you cancel service du ring the transfer period for any reason, all charges are considered earned. Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your se rver is responsible for or involved in an attack on or unauthorized access into another server or system, HTMLX.com / a divis ion of L-Cubed Services LLC will shut it down immediately. You will pay any charges resulting from the cost to correct secur ity breaches affecting HTMLX.com / a division of L-Cubed Services LLC or any of its other customers. Intellectual Property Rights Your Warranties and Representations to HTMLX.com / a division of L-Cubed Services LLC. You wa rrant, represent, and covenant to HTMLX.com / a division of L-Cubed Services LLC that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services onl y for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; an d (d) your content does not and will not infringe or violate any right of any third party (including any intellectual propert y rights) or violate any applicable law, regulation or ordinance. IP Numbers. HTMLX.com / a division of L-Cubed Services LLC will maintain and control ownership of all Internet protocol (" I P ") numbers and addresses that HTMLX.com / a division of L-Cubed Services LLC may assign to you. HTMLX.com / a division of L-Cubed Services LLC may, in its sole discretion, change or remove any and all IP numbers and addresses. HTMLX.com / a division of L-Cubed Services LLC may provide you access to other third party software and/or services ("Third P arty Products ") through reseller relationships HTMLX.com / a division of L-Cubed Services LLC has established with certain c ommercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Cu stomer understands that product support for Third Party Products is provided by HTMLX.com / a division of L-Cubed Services LL C and not by the Third Party Vendor. Neither HTMLX.com / a division of L-Cubed Services LLC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AN D AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND W ITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM HTMLX.com / a division of L-Cubed Services LLC OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACC URACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO T HE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HTMLX.com / a division of L-Cubed Services LLC NOR ANY THIRD PARTY VEN DOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILIT Y TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND HTMLX.com / a division o f L-Cubed Services LLC WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS. You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any T hird Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithsta nding this limitation. Enforcement Actions. HTMLX.com / a division of L-Cubed Services LLC reserves the right to suspend or terminate the Service i mmediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of HTMLX.c om / a division of L-Cubed Services LLC your server is the source or target of any violation of the AUP or for any other reas on which HTMLX.com / a division of L-Cubed Services LLC chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some case s, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate HTMLX.com / a division of L-Cubed Services LLC to monitor or exert editorial control over the information made available for distribution v ia the Services. If HTMLX.com / a division of L-Cubed Services LLC takes corrective action because of a possible violation, HTMLX.com / a division of L-Cubed Services LLC will not refund to you any fees you paid in advance of the corrective action. Disclosure Rights. The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that HTMLX.com / a division of L-Cubed Services LLC may disclose any and all of your information including assigned IP numbers, ac count history, account use, etc. to any law enforcement agent who makes a written request without further consent or notifica tion to you. In addition, HTMLX.com / a division of L-Cubed Services LLC shall have the right to terminate all service set f orth in this Agreement. Disclaimed Warranties. HTMLX.com / a division of L-Cubed Services LLC exercises no control over, and accepts no responsibili ty for, the content of the information passing through HTMLX.com / a division of L-Cubed Services LLC's host computers, netwo rk hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PE RFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. HTMLX.com / a division of L-Cubed Se rvices LLC DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR O THERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFR INGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. HTMLX.com / a division of L-Cubed Serv ices LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Limitation and Exclusion of Liability. Limitations. IN NO EVENT WILL HTMLX.com / a division of L-Cubed Services LLC OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHO RIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER HTMLX.com / a division of L-Cubed Services LLC NOR ITS SUPPLIE RS WILL HAVE LIABILITY WITH RESPECT TO HTMLX.com / a division of L-Cubed Services LLC'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HTMLX.com / a division of L-Cubed Se rvices LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF HTMLX.com / a division of L-Cubed Services LLC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO HTMLX .com / a division of L-Cubed Services LLC UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH TH E CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF W ARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HTMLX.com / a d ivision of L-Cubed Services LLC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. A CCORDINGLY, YOU RELEASE HTMLX.com / a division of L-Cubed Services LLC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABIL ITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. Interruption of Service. HTMLX.com / a division of L-Cubed Services LLC and its suppliers are not liable for any temporary d elay, outages or interruptions of the Services. Further, HTMLX.com / a division of L-Cubed Services LLC is not liable for an y delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier fai lure). Indemnification. In agreeing to the HTMLX.com / a division of L-Cubed Services LLC AUP and this Agreement, you agree to inde mnify, defend and hold harmless HTMLX.com / a division of L-Cubed Services LLC, its employees, directors, partners, represent atives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in loss to HTMLX.com / a division of L-Cubed Services LLC or the bringing of any claim against HTMLX.com / a division of L-Cubed Servic es LLC by any third-party. For example, if HTMLX.com / a division of L-Cubed Services LLC is sued because of your or your cu stomer's activity related to the Services, you will pay any damages awarded against HTMLX.com / a division of L-Cubed Service s LLC, its employees, directors, partners, representatives and affiliates, plus all costs and attorney's fees. MISCELLANEOUS PROVISIONS. HTMLX.com / a division of L-Cubed Services LLC and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party bene ficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS A GREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT B ODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDIC TION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent juri sdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The wai ver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its dut ies under this Agreement either in whole or in part without the prior written consent of HTMLX.com / a division of L-Cubed Services LLC, and any attempted assignment or delegation without such consent will be void. HTMLX.com / a division of L-Cubed Services LLC may assign this Agreement in whole or part. HTMLX.com / a division of L-Cubed Services LLC also may delegate th e performance of certain Services to third parties. All notices, demands, requests or other communications required or permi tted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and rece ived by return receipt email, or upon receipt of delivery of overnight mail. You and HTMLX.com / a division of L-Cubed Servi ces LLC are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, emp loyment, franchise or agency between you and HTMLX.com / a division of L-Cubed Services LLC. This Agreement, including all d ocuments incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, und erstandings and agreements, written and oral, regarding such subject matter. Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusi on of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the A greement. $ Revision: 1.7 $ HTMLX.com / a division of L-Cubed Services LLC ACCEPTABLE USE POLICY (AUP) Background HTMLX.com / a division of L-Cubed Services LLC's Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of HTMLX.com / a division of L-Cubed Services LLC's services. From time to time HTMLX.com / a division of L-Cubed Services LLC may impose reasonable rules and regulations regarding the us e of its services. The AUPs are not exhaustive and HTMLX.com / a division of L-Cubed Services LLC reserves the right to modif y the AUPs at any time, effective upon either the posting of the modified AUPs to www.HTMLX.com / a division of L-Cubed Servi ces LLC.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement o r its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the s uspension or termination of your account or such other action as HTMLX.com / a division of L-Cubed Services LLC deems appropr iate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Inte rnet. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU REC EIVE FROM HTMLX.com / a division of L-Cubed Services LLC. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THESERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" IN CLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS HTMLX.com / a division of L- Cubed Services LLC'S POLICY TO TERMINATE REPEAT INFRINGERS. HTMLX.com / a division of L-Cubed Services LLC RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME Customer Security Responsibilities The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's ser ver is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launche d to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such d amage is categorized as emergency security breach recovery and is currently charged at $195 USD per hour. Enquiries regarding security matters may be directed to info@HTMLX.com / a division of L-Cubed Services LLC.com System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. HTMLX.com / a divisi on of L-Cubed Services LLC may investigate incidents involving such violations and may involve and will cooperate with law en forcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation , the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerabil ity of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the s ystem or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This i ncludes, but is not limited to, IRC related services and selling of shell accounts. Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done t o the operation of the network and business operations supported by the network, and to respond to complaints incurred by HTM LX.com / a division of L-Cubed Services LLC. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to abuse@HTMLX.com / a division of L-Cubed Services LLC.com. HTMLX.com / a division of L-Cubed Services LLC is concerned with the privacy of online communica tions and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudenc e , however, HTMLX.com / a division of L-Cubed Services LLC urges its customers to assume that all of their online communicat ions are insecure. HTMLX.com / a division of L-Cubed Services LLC cannot take responsibility for the security of information transmitted over HTMLX.com / a division of L-Cubed Services LLC's facilities. Password Protection The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use HTMLX.com / a division of L-Cubed Services LLC's service to guess passwords or to access other systems or networks without authorization. HTMLX.com / a division of L-Cubed Services LLC will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Contact Information Customers are responsible for maintaining their contact information in the ticketing system such that the email address is al ways reachable even in the event of their HTMLX.com / a division of L-Cubed Services LLC servers being shut down. Internet Etiquette The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply w ith the rules appropriate to any network to which HTMLX.com / a division of L-Cubed Services LLC may provide access. The cust omer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The custo mer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to re sult in retaliation against HTMLX.com / a division of L-Cubed Services LLC by offended users. HTMLX.com / a division of L-Cub ed Services LLC reserves the right to refuse or terminate service at any time for violation of this section. This includes ad vertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Copyright Infringement - Software Piracy Policy The HTMLX.com / a division of L-Cubed Services LLC network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common la w, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other in tellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating feder al copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and y ou may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to abuse@HTMLX.com / a division of L-Cubed Se rvices LLC.com. HTMLX.com / a division of L-Cubed Services LLC will cooperate fully with any civil and/or criminal litigatio n arising from the violation of this policy. Network Responsibility Customers have a responsibility to use the HTMLX.com / a division of L-Cubed Services LLC network responsibly. This includes respecting the other customers of HTMLX.com / a division of L-Cubed Services LLC. HTMLX.com / a division of L-Cubed Services LLC reserves the right to suspend and or cancel service with any Customer who uses the HTMLX.com / a division of L-Cubed Serv ices LLC network in such a way that adversely affects other HTMLX.com / a division of L-Cubed Services LLC customers. This in cludes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to HTMLX.com / a division of L- Cubed Services LLC or its customers (i.e. computer hacking), and/or Participating in behavior which result in reprisals that adversely effect the HTMLX.com / a division of L-Cubed Service s LLC network or other customers' access to the HTMLX.com / a division of L-Cubed Services LLC network. HTMLX.com / a division of L-Cubed Services LLC will react strongly to any use or attempted use of an Internet account or comp uter without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other pe ople into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of a ccounts or computers by a HTMLX.com / a division of L-Cubed Services LLC customer, whether or not the attacked account or com puter belongs to HTMLX.com / a division of L-Cubed Services LLC, will result in severe action taken against the attacker. Pos sible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seri ousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of HTMLX.com / a division of L-Cubed Services LLC is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http: //www.fbi.gov/programs/ipcis/ipcis.htm. HTMLX.com / a division of L-Cubed Services LLC will cooperate fully with any civil an d/or criminal litigation arising from the violation of this policy. Lawful Purpose All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or materia l in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content. Using any HTMLX.com / a division of L-Cubed Services LLC service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection w ith use of HTMLX.com / a division of L-Cubed Services LLC services or products is prohibited. Using the HTMLX.com / a divisio n of L-Cubed Services LLC network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even wit hout the act of distribution, is prohibited. Servers hosted within HTMLX.com / a division of L-Cubed Services LLC network are open to the public. You are solely responsib le for your usage of the HTMLX.com / a division of L-Cubed Services LLC network and servers and any statement you make on ser vers hosted within the HTMLX.com / a division of L-Cubed Services LLC network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous . Child Pornography on the Internet Our policy on child pornography is zero tolerance. HTMLX.com / a division of L-Cubed Services LLC will cooperate fully with a ny criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Custo mers are ultimately responsible for the actions of their clients over the HTMLX.com / a division of L-Cubed Services LLC netw ork, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual prese ntation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted a s engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a s exual organ or the anal region of a person under the age of eighteen years or any written material or visual representation t hat advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Commercial Advertisements with E-mail HTMLX.com / a division of L-Cubed Services LLC takes a zero tolerance approach to the sending of Unsolicited Commercial E-mai l (UCE) or SPAM over our network. Very simply, this means that customers of HTMLX.com / a division of L-Cubed Services LLC ma y not use or permit others to use our network to transact in UCE. HTMLX.com / a division of L-Cubed Services LLC is a self-ma naged environment, and it is the responsibility of HTMLX.com / a division of L-Cubed Services LLC's customers to ensure that no UCE/UBE is sent. Customers of HTMLX.com / a division of L-Cubed Services LLC 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 termin ation of service. Unsolicited commercial email (UCE) is defined by HTMLX.com / a division of L-Cubed Services LLC as any electronic communicati on (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) sent for purposes of distributing co mmercial information of any kind, soliciting the purchase or sale of products or services, or soliciting any transfer of fund s to a recipient who has not agreed to receive such communication. Unsolicited bulk e-mail (UBE) is defined by HTMLX.com / a division of L-Cubed Services LLC as any electronic communication (e -mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) to multiple recipients who have not agree d to receive such communication. Use of the HTMLX.com / a division of L-Cubed Services LLC network, servers or services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email with a track ing number must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to t he list. You must keep these confirmations on file so that in the case that a spam complaint is made against you, you have pr oof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines ( http://mail-abuse.org/rbl/manage.html ) for details. Opt-out requests must be honored immediately. Customers of HTMLX.com / a division of L-Cubed Services LLC are strictly prohibited from using or permitting others to use UC E or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the HTMLX.com / a division of L-Cubed Services LLC network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of HTMLX.com / a division of L-Cubed Services LLC's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HTMLX.com / a division of L-Cubed Services LLC will initiate an immediate investi gation upon receipt of the complaint. Upon notification, the customer has 24 hours in which to reply. During the investigatio n, HTMLX.com / a division of L-Cubed Services LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HTMLX.com / a division of L-Cubed Services LLC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, HTMLX.com / a division of L-Cubed Services LLC reser ves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. H TMLX.com / a division of L-Cubed Services LLC will notify law enforcement officials if the violation is believed to be a crim inal offense. Violation of HTMLX.com / a division of L-Cubed Services LLC's SPAM policy may be reported to abuse AT HTMLX.com / a division of L-Cubed Services LLC DOT com IP Address Overlap HTMLX.com / a division of L-Cubed Services LLC administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by HTMLX.com / a division of L-Cubed Services LLC staff. Any server found us ing IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. IRC HTMLX.com / a division of L-Cubed Services LLC does not allow the use of IRC on the HTMLX.com / a division of L-Cubed Service s LLC network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC . Violators' servers will be suspended. FTP Backup FTP Backup is intended to be used by existing HTMLX.com / a division of L-Cubed Services LLC customers for remote backup of f iles and data. HTMLX.com / a division of L-Cubed Services LLC recommends a diverse backup strategy including customer-site ba ckups in addition to FTP Backup, and thus HTMLX.com / a division of L-Cubed Services LLC does not guarantee the availability or condition of any data or files stored on its servers. FTP Backup may not be used to share files with the general public no r may illegal or otherwise prohibited data or files be stored on HTMLX.com / a division of L-Cubed Services LLC servers. Conn ections to FTP Backup are permitted only from HTMLX.com / a division of L-Cubed Services LLC servers. Use of FTP Backup is su bject to HTMLX.com / a division of L-Cubed Services LLC Terms of Service and Acceptible Use Policy. Network Performance HTMLX.com / a division of L-Cubed Services LLC accounts operate on shared resources. Excessive use or abuse of these shared n etwork resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner w hich impairs network performance is prohibited by this policy and may result in termination of your account. Network-intesnive applications which may negatively impact other HTMLX.com / a division of L-Cubed Services LLC customers inc lude, but are not limited to, peer-to-peer or audio/video streaming applications. HTMLX.com / a division of L-Cubed Services LLC reserves the right to limit or terminate such activities. Billing The customer understands that the customer is responsible for paying for any network resources that are used to connect the c ustomer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellatio n. Suspension HTMLX.com / a division of L-Cubed Services LLC reserves the right to suspend network access to any customer if, in the judgme nt of the HTMLX.com / a division of L-Cubed Services LLC network administrators, the customer's server is the source or targe t of the violation of any of the other terms of the AUPs or for any other reason which HTMLX.com / a division of L-Cubed Serv ices LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until a n investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be con tacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Cu stomer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended fo r the time the Customer's machines were suspended. Cancellation HTMLX.com / a division of L-Cubed Services LLC reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notificatio n to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if HTMLX.com / a division of L-Cubed Services LLC institutes its right of cance llation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Indemnification HTMLX.com / a division of L-Cubed Services LLC wishes to emphasize that in signing the Master Services Agreement or its equiv alent, customer indemnifies HTMLX.com / a division of L-Cubed Services LLC for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to HTMLX.com / a division of L-Cubed Services LLC or the bringing of any claim against HTMLX.com / a division of L-Cubed Services LLC by any third-party. This means that if HTMLX.com / a division of L-Cubed Services LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damag es awarded against HTMLX.com / a division of L-Cubed Services LLC, plus costs and reasonable attorney's fees. Disclaimer of Responsibility HTMLX.com / a division of L-Cubed Services LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-re lated activities. HTMLX.com / a division of L-Cubed Services LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of HTMLX.com / a division of L-Cubed Services LLC must adhere to the above po licies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CON SIDERED VIOLATIONS OF THESE AUPs BY YOU. Privacy Policy HTMLX.com / a division of L-Cubed Services LLC has created this privacy statement to demonstrate our firm commitment to priva cy. This statement sets forth our information gathering and dissemination practices for the www.HTMLX.com / a division of L-C ubed Services LLC.com and my.HTMLX.com / a division of L-Cubed Services LLC.com websites. What Do We Collect and Where? # Our sites use several different forms that our customers can use to request information, products, and services. From these forms, we collect the following information: Visitors' contact information (like e-mail addresses) # Unique identifiers (like customer numbers) # Financial information (like account or credit card numbers) # IP addresses How Secure is the Information We Collect? HTMLX.com / a division of L-Cubed Services LLC makes every effort to follow industry standard security measures to prevent th e loss, misuse and alteration of the information under our control. All financial information is encrypted during transmissio n, and our company databases are accessible only to internal employees. What Do We Use This Information For? Contact Information We use your contact information to send you information about our company and to get in touch with you when necessary. You ma y opt out of receiving future marketing mailings; see the choice/opt-out section below. We also use the information we collect to improve the content of our Web site. Choice/Opt-Out Our site allows you to opt out of receiving communications from us. You will be given this choice at the points where we requ est your information. You can also use the following options for removing your information from our database if you do not wi sh to receive future communications or to cancel your account: 1. Log in to your account and set the Newletter options to "Un subscribed" 2. You can send e-mail to webmaster@HTMLX.com / a division of L-Cubed Services LLC.com 3. You can send mail to yo ur account manager at the following postal address: 5150 Broadway #620 San Antonio, TX 78209 Other Contact Information For other contact information, please see our contacts page. Correcting /Updating Your Contact Information You can update your contact information on MyHTMLX.com / a division of L-Cubed Services LLC at any time. Financial Information We ask you to enter your credit card information in order to debit your account when you purchase servers or services from us . All information you will be asked to enter is protected using SSL (Secure Sockets Layer) encryption to prevent it being int ercepted by anyone else as it is transferred over the Internet. We collect this information on a transaction-by-transaction b asis and will never authorize the release of this information with anyone not directly involved in processing the transaction . This information may be encrypted and stored for logging purposes. IP addresses We use your unique network address (IP address) to help diagnose problems with our server, and to administer our Web site. Cookies We use cookies to keep track of your shopping cart and purchases during the time you view www.HTMLX.com / a division of L-Cub ed Services LLC.com. We also use them to recognize return visitors and to track our promotions. We gather this information fo r internal use only and will never authorize the release of this information with anyone outside HTMLX.com / a division of L- Cubed Services LLC. Linked Sites This site contains links to external websites. HTMLX.com / a division of L-Cubed Services LLC is not responsible for the priv acy practices or the content of these Web sites. |
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