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TERMS & AUP
Please read the following very
carefully. By submitting the
LABASRYTAS.COM online order form,
Subscriber hereby agrees to the
following TERMS AND CONDITIONS AND
ACCEPTABLE USE POLICY.
This web site provides you with access
to a rich collection of resources,
including, but not limited to, various
communications tools, forums, blogs and
reviews and WEB HOSTING and domain name
services ( all of which maybe referred
to as "service"). This Web Site is
provided to you under these "Terms of
Use" and any amendments or supplements
to them that may be posted by TECHMC.COM
LLC, LABASRYTAS.COM (hereafter, maybe
referred just as "TECHMC.COM LLC" or "LABASRYTAS.COM"
or "company") from time to time
(collectively referred to as this
"Agreement"). Your use of this Web Site
and the services provided, shall be
deemed to constitute your consent to be
bound by the terms and conditions of the
Agreement and shall be enforceable in
the same way as if you had signed the
Agreement. If you are not willing to
accept the terms and conditions in the
Agreement, we ask that you not use the
Web Site or order any items/services
from it.
Compliance With Laws
You agree to comply with all applicable
local laws regarding your use of the Web
Site, including, without limitation,
laws regarding import/export of
technical data by virtue of your online
transmission. Without exception, under
all circumstances, TECHMC.COM LLC cannot
be held responsible for your
non-compliance to any of the applicable
laws.
Disclaimer
LABASRYTAS.COM WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. LABASRYTAS.COM MAKES NO
WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE.
LABASRYTAS.COM DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY
LABASRYTAS.COM AND ITS EMPLOYEES.
LABASRYTAS.COM RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN
THIS AGREEMENT WITHOUT THE PRIOR WRITTEN
CONSENT OF LABASRYTAS.COM. HOWEVER,
LABASRYTAS.COM MAY ASSIGN THE CUSTOMER'S
CONTRACT, IN PART OR IN WHOLE, AT
ANYTIME WITHOUT CONSENT FROM OR NOTICE
TO THE CUSTOMER. LABASRYTAS.COM RESERVES
RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER
THIS CONTRACT AT ANYTIME WITHOUT FURTHER
OBLIGATION. ALL SUB-NETWORKS, RESELLERS
AND DEDICATED SERVERS OF LABASRYTAS.COM
MUST ADHERE TO ALL THE TERMS LISTED IN
THIS PAGE.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TECHMC.COM LLC SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF TECHMC.COM LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:(1) THE USE OF,
OR THE INABILITY TO USE, THIS WEB SITE;
(2) THE USE OF, OR THE INABILITY TO USE,
ITEMS PURCHASED ON THIS WEB SITE; (3)
THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, ITEMS, OR WEB SITES; (4)
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (5) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THIS WEB SITE; OR (6) ANY OTHER
MATTER RELATING TO THIS WEB SITE.
Indemnification
You agree to indemnify and hold harmless
TECHMC.COM LLC, its directors, officers,
employees, agents, co-branders,
subsidiaries, parents, and affiliates,
from and against any and all liability,
losses, claims, demands, disputes,
damages, and costs of any kind,
including, without limitation,
reasonable attorneys' fees and costs of
litigation resulting from or in any way
connected with your use of the Web Site;
Content you submit, post, or transmit
through the Web Site; your breach of
the Agreement; and your connection to
the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the specific
Service's registration process. You are
responsible for maintaining the
confidentiality of the password and
account, and are fully responsible for
all activities that occur under your
password or account. You agree to (a)
immediately notify TECHMC.COM LLC of any
unauthorized use of your password or
account or any other breach of security,
and (b) ensure that you exit from your
account at the end of each session.
TECHMC.COM LLC cannot and will not be
liable for any loss or damage arising
from your failure to comply with this
Section.
USER CONDUCT
You understand that all information,
data, text, software, music, sound,
photographs, graphics, video, messages
or other materials ("Content"), whether
publicly posted or privately
transmitted, are the sole responsibility
of the person from which such Content
originated. This means that you, and not
TECHMC.COM LLC, are entirely responsible
for all Content that you upload, post,
email, transmit or otherwise make
available via this site. TECHMC.COM LLC
does not control the Content posted in
this site and, as such, does not
guarantee the accuracy, integrity or
quality of such Content. You understand
that by using this site, you may be
exposed to Content that is offensive,
indecent or objectionable. Under no
circumstances will TECHMC.COM LLC be
liable in any way for any Content,
including, but not limited to, for any
errors or omissions in any Content, or
for any loss or damage of any kind
incurred as a result of the use of any
Content posted, emailed, transmitted or
otherwise made available in this site.
You agree to not to:
1. upload, post, email, transmit or
otherwise make available any Content
that is unlawful, harmful, threatening,
abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful,
or racially, ethnically or otherwise
objectionable;
2. harm minors in any way;
3. impersonate any person or entity,
including, but not limited to, a
TECHMC.COM LLC official, forum leader,
guide or host, or falsely state or
otherwise misrepresent your affiliation
with a person or entity;
4. forge headers or otherwise manipulate
identifiers in order to disguise the
origin of any Content transmitted
through the Service;
5. upload, post, email, transmit or
otherwise make available any Content
that you do not have a right to make
available under any law or under
contractual or fiduciary relationships
(such as inside information, proprietary
and confidential information learned or
disclosed as part of employment
relationships or under nondisclosure
agreements);
6. upload, post, email, transmit or
otherwise make available any Content
that infringes any patent, trademark,
trade secret, copyright or other
proprietary rights ("Rights") of any
party;
7. upload, post, email, transmit or
otherwise make available any unsolicited
or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any
other form of solicitation, except in
those areas (such as shopping rooms)
that are designated for such purpose
(please read our complete Spam Policy);
8. upload, post, email, transmit or
otherwise make available any material
that contains software viruses or any
other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer
software or hardware or
telecommunications equipment;
9. disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than
other users of the Service are able to
type, or otherwise act in a manner that
negatively affects other users' ability
to engage in real time exchanges;
10. interfere with or disrupt the
Service or servers or networks connected
to the Service, or disobey any
requirements, procedures, policies or
regulations of networks connected to the
Service;
11. intentionally or unintentionally
violate any applicable local, state,
national or international law,
including, but not limited to,
regulations promulgated by the U.S.
Securities and Exchange Commission, any
rules of any national or other
securities exchange, including, without
limitation, the New York Stock Exchange,
the American Stock Exchange or the
NASDAQ, and any regulations having the
force of law;
12. provide material support or
resources (or to conceal or disguise the
nature, location, source, or ownership
of material support or resources) to any
organization(s) designated by the United
States government as a foreign terrorist
organization pursuant to section 219 of
the Immigration and Nationality Act;
13. "stalk" or otherwise harass another;
or
14. collect or store personal data about
other users.
You acknowledge that TECHMC.COM LLC may
or may not pre-screen Content, but that
TECHMC.COM LLC and its designees shall
have the right (but not the obligation)
in their sole discretion to pre-screen,
refuse, or move any Content that is
available in this site. Without limiting
the foregoing, TECHMC.COM LLC and its
designees shall have the right to remove
any Content that violates the Terms of
Use or is otherwise objectionable. You
agree that you must evaluate, and bear
all risks associated with, the use of
any Content, including any reliance on
the accuracy, completeness, or
usefulness of such Content.
You acknowledge, consent and agree that
TECHMC.COM LLC may access, preserve, and
disclose your account information and
Content if required to do so by law or
in a good faith belief that such access
preservation or disclosure is reasonably
necessary to: (a) comply with legal
process; (b) enforce the Terms of Use;
(c) respond to claims that any Content
violates the rights of third-parties;
(d) respond to your requests for
customer service; or (e) protect the
rights, property, or
personal safety of TECHMC.COM LLC, its
users and the public.
You understand that the technical
processing and transmission of the
Service, including your Content, may
involve (a) transmissions over various
networks; and (b) changes to conform and
adapt to technical requirements of
connecting networks or devices.
PRIVACY
TECHMC.COM LLC does not sell or license
your personal information.
We may share your personal information
with business partners who work on
behalf of TECHMC.COM LLC to provide you
with a product or service. These
business partners may only use your
personal information to assist
TECHMC.COM LLC, and are prohibited from
using your personal information for
other purposes. We may disclose
anonymous aggregate information (for
example, the percentage of our viewers
that visit the product review section of
our Web site) to third parties such as
our advertisers or business partners.
TECHMC.COM LLC will also disclose
personal information about its viewers
when the law requires it, such as when
we respond to subpoenas, court orders or
other legal process. In the event that
TECHMC.COM LLC merges with or is
acquired by another business entity we
may share some or all of your
information with the new entity in order
to continue to provide you with our
products and services.
We use any information we collect from
you to confirm the validity of submitted
reviews, offer promotions, customize our
services, improve the content of our Web
site, provide you with our newsletter
and notify you about our products and
services. TECHMC.COM LLC may also use
the information for internal purposes,
such as studying our viewers'
preferences. We use the information
collected regarding the activity on our
Web site (such as the number of viewers
and the pages commonly visited) on an
anonymous basis. We may aggregate this
anonymous information and use it to
improve our products and services.
Cookies
LABASRYTAS.COM may set and accesses
cookies on your computer while you are
on our community of web sites. We use
cookies to determine whether you have
been to our Web site before, to save
your password, We do not use cookies for
our ads. We cannot access any cookies on
your computer except for those set by
us. Companies which place advertisements
on our pages or offer products on our
Web site may set and access their own
cookies on your computer while you are
on our Web site. The use of cookies by
these companies is not subject to this
Privacy Policy.
Children Under 13
This website is not designed for
children under 13. If we discover that
you are under 13 and have registered
with us, we will delete your
registration.
MODIFICATION, SUSPENSION, TERMINATION
You agree that TECHMC.COM LLC may, in
its sole discretion, and at any time,
modify, discontinue, or suspend its
operation of this Web Site, or any part
thereof, temporarily or permanently,
without notice to you, and you agree
that TECHMC.COM LLC will not be liable
for the consequences of doing so. You
also agree that TECHMC.COM LLC may, in
its sole discretion, and at any time,
completely terminate your use of the Web
Site, and may remove or delete any or
all of your Content within the Web Site,
without prior notice to you for any
reason that TECHMC.COM LLC, in its sole
discretion, deems appropriate. You
further agree that TECHMC.COM LLC will
not be liable to you or to any third
party for the consequences of any
termination of your use of or access to
the Website.
ACCEPTABLE USE POLICY: (AUP)
Customer Security Obligation
Each Customer must use reasonable care
in keeping each server or network
devices attached to Company
infrastructure up-to-date and patched
with the latest security updates.
Failure to use reasonable care to
protect a server may result in a
security compromise by outside sources.
Company is not responsible for Customer
server level security unless a security
administration package, firewall
security administration package or fully
managed operating system package is
contracted for and maintained. A
compromised server creating network
interference will result in immediate
Customer notification and will be
disconnected from the network
immediately so as to not directly affect
other Customers. No service credits will
be issued for outages resulting from
disconnection due directly to breached
server security. The Customer is solely
responsible for any breaches of security
affecting servers under Customer
control, including repairing the system,
terminating the account(s) of the
abusive user(s), and reporting
occurrence of the issue to
webmaster@LABASRYTAS.COM. If a Customer
intentionally creates a security breach,
the cost to resolve any damage to
Customer's server or other servers will
be charged directly to the Customer. The
labor used to resolve such damage is
categorized as emergency security breach
recovery and is currently charged at
$200.00 USD per hour.
System and Network Security
Violations of system or network security
are strictly prohibited, and may result
in criminal and civil liability. Company
investigates all incidents involving
such violations and will cooperate with
law enforcement if a criminal violation
is suspected.
Examples of system or network security
violations include, without limitation,
the following:
1. Introduction of malicious programs
into the network or server (example:
viruses, worms, Trojan Horses, key
loggers, and other executables intended
to inflict harm).
2. Effecting security breaches or
disruptions of Internet communication
and/or connectivity. Security breaches
include, but are not limited to,
accessing data of which the Customer is
not an intended recipient or logging
into a server or account that the
Customer is not expressly authorized to
access. For purposes of this section,
"disruption" includes, but is not
limited to port scans, flood pings,
email-bombing, packet spoofing, IP
spoofing and forged routing information.
3. Executing any form of network
activity that will intercept data not
intended for the Customer's server.
4. Circumventing user authentication or
security of any host, network or
account, including “cracking.”
5. Interfering with or denying service
to any user, host, or network other than
the Customer's host (example: denial of
service attack or distributed denial of
service attack).
6. Conduct designed to avoid
restrictions or access limits to
specific services, hosts, or networks,
including but not limited to the forging
of packet headers (“spoofing”) or other
identification information.
7. Using any program script/command, or
sending messages of any kind, designed
to interfere with or to disable, a
user's terminal session, via any means,
locally or via the Internet.
8. Failing to comply with the Company's
procedure relating to the activities of
Customers on the Company's premises.
Violators of the policy are responsible,
without limitations, for the cost of
labor to correct all damage done to the
operation of the network and business
operations supported by the network.
Such labor is categorized as emergency
security breach recovery and is
currently charged at $200.00 USD per
hour required. Network interference by
any Customers that may cause or is
currently causing network interference
with another Customer will be
disconnected immediately. No service
credits will be issued to Customers
disconnected for network violations.
Internet Etiquette
Each Customer is expected execute
reasonable Internet etiquette
(Netiquette), the accepted behavior and
expectations of the Internet community.
The Customer will comply with the rules
appropriate to any network to which
Company may provide access. The Customer
should not post, transmit, or permit
Internet access to information the
Customer desires to keep confidential.
The Customer is not permitted to post
any material that is illegal, libelous,
and tortuous, indecently depicts
children or is likely to result in
retaliation against Company by offended
users. Company reserves the right to
refuse or terminate service at any time
for violation of this section. This
includes advertising services or sites
via IRC or USENET in clear violation of
the policies of the IRC channel or
USENET group.
Child Pornography
Company will cooperate fully with any
criminal investigation into a Customer's
violation of the Child Protection Act of
1984 concerning child pornography.
Customers are ultimately responsible for
the actions of their clients over
Company network, 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
presentation that shows a person who is
or is depicted as being under the age of
eighteen years and is engaged in or is
depicted as engaged in explicit sexual
activity, or the dominant characteristic
of which is the depiction, for a sexual
purpose, of a sexual organ or the anal
region of a person under the age of
eighteen years or any written material
or visual representation that advocates
or counsels sexual activity with a
person under the age of eighteen years.
Violations of the Child Protection Act
should be reported to the U.S. Customs
Agency at 1-800-BEALERT.
Copyright Infringement
Company datacenter infrastructure
including network, leased hardware,
co-location services, and other hardware
located in the facility 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 law,
is prohibited. This includes, but is not
limited to, material protected by
copyright, trademark, trade secret, or
other intellectual property rights;
including creating, utilizing,
distributing unauthorized copies of
software, or the use of BitTorrent or
other types of technologies utilized in
the distribution of illegally copied
materials. If Customer copies,
distributes or installs software in
defiance of the license agreement,
Customer is violating federal copyright
law. Company will cooperate with all law
enforcement agencies in relation to
alleged copyright infringement housed in
our datacenters.
Hosting Policy
Data Unlawful or Against the AUP:
Promoting violation of the law or the
AUP by hosting data that facilitates the
violation is prohibited, including but
not limited to:
* Hosting web pages that detail the
methodology of committing unlawful acts,
or acts violating this AUP.
* Hosting software, scripts, or other
resources intended to facilitate
committing unlawful acts, or acts
violating this AUP.
* Advertising, transmitting, storing, or
using any software, script, program,
product, or service designed to violate
this AUP.
* Harvesting. The collection of email
addresses, credit card information, or
other personal information for
fraudulent use or sale is prohibited.
* Phishing. Hosting web pages with
forwards to, containing scripts or
executables for, or any other component
of an operation designed to fraudulently
collect authentication, credit card,
names, addresses, or any other personal
data (“phishing”) is not permitted.
* Spamvertised Sites. Hosting web pages
advertised by spam sent from another
network (“spamvertised”) is not
permitted.
Email Policy
Email Spam. Company has a zero stance
policy on SPAM, Junk E-mail or UCE.
Spam, Junk-mail and UCE are defined as:
the sending of the same, or
substantially similar, unsolicited
electronic mail messages, whether
commercial or not, to more than one
recipient. A message is considered
unsolicited if it is posted in violation
of a newsgroup charter or if it is sent
to a recipient who has not requested or
invited the message. UCE also includes
e-mail with forged headers, compromised
mail server relays, and false contact
information. This prohibition extends to
the sending of unsolicited mass mailings
from another service, which in any way
implicates the use of Company whether or
not the message actually originated from
our network.
Block Removal. If Customer actions have
caused Company mail servers or Company
IP address ranges to be placed on black
hole lists and other mail filtering
software systems used by companies on
the internet, Customer will be assessed
a $100 charge to Customer account and
$100 per hour for administrative charges
incurred to remove and protect mail
servers and IP ranges.
* Drop-Box Accounts. Using this network
for the receipt of replies to
unsolicited mass email (spam) sent from
a third-party network is prohibited.
* Header Forgery: Forgery of email
headers (“spoofing”) is prohibited.
* Proxy Spamming: Spamming via
third-party proxy, aggregation of proxy
lists, or installation of proxy mailing
software is prohibited.
* Relaying. Configuration of a mail
server to accept and process third-party
messages for sending without user
identification and authentication is
prohibited.
Mass Mailings: Sending mass unsolicited
email is considered spam. Unsolicited
email is defined as email sent to a
recipient who has not double-opted in to
mailings from the Customer. Senders of
mass mailings must maintain complete and
accurate records of all opt-ins,
including the email and its headers if
applicable, and provide such records to
Company upon request. If positive and
verifiable proof of opt-in cannot be
provided, complaints from recipients of
the mailing are considered proof they
did not subscribe and the mailing is
unsolicited.
Mailing Lists: Company's mass mailing
rules also apply to mailing lists, list
servs, or mailing services contracted
for by Customer. The policy is stated as
follows: An acceptable mailing list will
be focused at a targeted audience that
has voluntarily signed up for e-mail
information using a double opt-in
process or that has made their e-mail
address available to Customer for
distribution of information. The list
must also allow for automatic removal by
all end Customers with non-distribution
in the future.
Fraud Policy
By agreeing to this AUP, Customer
affirms that the contact and payment
information provided to Company
identifies Customer and that Customer is
authorized to use the payment method.
Commitment of fraud, obtaining services,
or attempting to obtain services by any
means or device with intent to avoid
payment is prohibited.
IP Allocation
Company administers an Internet network
on which multiple Customer servers
reside. Customers shall NOT use IP
addresses that were not assigned to them
by the NOC staff or network
administrators. Any server utilizing IP
addresses outside of the assigned range
will be suspended from network access
until such time as the IP addresses
overlap can be corrected. Use of an
unauthorized IP address will result in a
charge of $50 per IP. Use of an
unauthorized IP address creating a third
party Customer outage will result in a
$200 charge and termination of service
until the IP allocation is resolved.
IRC Policy
Company allows stand alone IRC servers
which are not connected to global IRC
networks such as Undernet, EFnet, DALnet
and other IRC networks. IRC servers
which establish and maintain connections
to global IRC networks such as Undernet,
EFnet, DALnet and others will be
considered to be in violation of the
Acceptable Use Policy.
Company does not allow IRC plug-ins,
scripts, add-ons, clones or other
software that has the intent or effect
of disrupting or denying service to
other users. Harassing, disrupting or
denying service to other users is
expressly prohibited, and may result in
the immediate suspension or cancellation
of Customer account(s).
If IRC servers attract DoS or DDoS
attacks that disrupts or denies service
to other Customers, Company will
null-route, ACL or otherwise suspend
service to maintain quality of service
for other Customers on our network.
Company allows the limited use of
stand-alone IRC “bots”. Company
prohibits the use of “botnets”. Customer
IRC server may run a “bot”, but Customer
may not join a “botnet”. The use of IRC
BNC’s or other proxy and re-direction
software is expressly prohibited.
For the purposes of policy enforcement,
any malicious activity observed to
originate from a Customer’s server may
result in the immediate suspension of
service to the offending Customer’s
server without prior notice. Frequently
compromised servers may be reviewed for
account termination on a case-by-case
basis. The purpose of this case-by-case
review is to deter AUP prohibited
activity from occurring under the
blanket excuse of a “compromised
server.”
Harassing, abusive and aggressive IRC
activity is prohibited. This includes
‘flooding’ (rapid transmission of
information with the intent to harass or
deny service), ‘hijacking’ (taking
improper or unauthorized control of
channel or server operator privileges),
sending messages to users who do not
want them, attempting to circumvent a
channel or server ban, impersonating
other IRC users and other abusive IRC
behavior as determined by Company.
Company reserves the right to modify or
amend the IRC policy at any time.
Reseller Policy
Resellers are responsible for the
conduct of their Customers and by
agreeing with this AUP, agree that their
Customers will adhere to the AUP.
Resellers should make their perspective
Customers aware of the AUP and the
consequences for violation.
Password Policy
You agree not to change the password
that has been assigned to you during
initial hosting package setup. If you
have a dedicated server, you must keep
LABASRYTAS.COM informed about the
current server root password. We will
not be able to provide support, if we do
not have the root password for the
server. We must have the password on
your account file "current" at all
times. Violation of this policy will
result in warning notices and repeated
violation will result in account
termination.
Usenet Policy
E Usenet posts must conform to standards
established by the Internet community.
Prohibited acts include, but are not
limited to, the following:
* Posting of articles and/or URLs for
commercial purposes, except where
permissible by the charter or FAQ of
that particular group and adhering to
the topic of said group.
* Posting of binary files to groups who
do not allow for binary posts in the
charter of by the name of the group.
* Excessive cross-posting and/or
excessive multi-posting, considered to
be the equivalent of Usenet spamming.
Company reserves sole authority of
determining posts constituting excessive
cross- or multi-posted.
* Canceling of posts other than
Customers own posts.
* Using auto-responders or cancel-bots.
* Unauthorized creation, cancellation,
or removal of newsgroups.
Note: While legitimacy of a posting is
generally determined by a moderator,
Company reserves sole authority of
determining post legitimacy.
Violations of the AUP will result in the
following:
* A warning notification via email, or
telephone with 48 hours notice for
resolution.
48 hours is the standard notification;
situations involving law enforcement,
phishing, fraud, password harvesting,
network interference, Denial or
Disruption of service, IRC mis-use, or
other malicious activity can reduce the
notification time frame.
Failure to resolve the AUP violation
within 48 hours will result in any or
all of the following:
* Removal of the violating content or
service
* Removal of DNS for the server
* Temporary shutdown of the server
* Block on outgoing mail
* IP address routing to null
* Disabling of web hosting account
* Immediate disconnection of service
with no re-activation.
* $200 fee assessed to Customer account
for violation.
Suspension and Cancellation
LABASRYTAS.COM will use reasonable care
in notifying the Customer and in
resolving the problem in a method
resulting in the least amount of service
interference as reasonably possible.
LABASRYTAS.COM reserves the sole right
to suspend service to any Customer
located in our datacenter for violation
of the AUP without notice. You agree
that LABASRYTAS.COM reserves the right
to terminate service without any notice
to you, for any violations of the AUP OR
for any undisclosed reason.
FEES, PAYMENTS AND BILLING POLICIES
1. As consideration for the services you
have selected, you agree to pay us the
applicable service fees. As further
consideration for the Services, you
agree to:
a. Provide certain current, complete and
accurate information about you as
required by the checkout process and
2. All such information shall be
referred to as account information
("Account Information"). You hereby
grant us the right to disclose to third
parties as needed to maintain your
services. By submitting to this
Agreement, you represent that the
statements you have made in are true and
you will not use our Services for any
unlawful purpose.
3. Fees and Payments
a. All fees are payable in US Dollars.
b. All fees payable hereunder are
NON-REFUNDABLE.
c. If you provide us with your credit or
debit card information, you authorize
TECHMC.COM LLC to automatically charge
the card listed in your account for any
fees due on your account. Recurring fees
will be charged to the credit or debit
card number listed in your account until
you cancel your account in accordance
with our cancellation policy.
d. You are responsible for keeping
updated credit or debit card information
in your account. This includes but is
not limited to credit card numbers,
expiration dates, CVV2 numbers or
billing address.
e. Overage charges apply when you go
over the allotted bandwidth per month.
You will be sent an invoice for overage,
charged at $2/GB and payment is due the
following month. Failure to pay will
result in your account being disabled.
You can also purchase additional
bandwidth at wholesale price of $0.79/GB
anytime. All bulk purchases expire
exactly one year from the date of
purchase. (You must use the additional
bandwidth purchased within one year.)
4. Billing Cycle
Your "Bill Day" is the day of the month
you created your account. Your account
will be billed on this day every month,
quarter or year, depending on the
payment plan you have selected.
5. Cancellation Policy
a. Services will automatically renew
until a service is cancelled. If you do
not wish to renew your Monthly,
Quarterly or Annual Service agreement
you must cancel your account by sending
an email to our Customer Service
department.
b. A cancellation refers to the removal
of user materials from our systems and
the deactivation of services.
c. There are no Refunds on pre-paid
hosting plans. (Upon cancellation your
card will no longer be charged.)
d. Domain Name Registrations CANNOT be
cancelled. As the purchaser of the
Domain Name you are the Domain Name's
owner until the term of the Domain
Name's registration has expired.
e. LABASRYTAS.COM will not
automatically cancel services for
problems related to registrar transfers,
non-usage, your ISP, or any other issues
not directly related to LABASRYTAS.COM's
services.
f. LABASRYTAS.COM reserves the right to
cancel any account at any time without
notice, for any reason it deems
appropriate.
6. Billing Disputes and Bank Charge
Backs
a. All Bank Disputes and Bank Issued
Charge Backs result in the complete
cancellation of your account
immediately. All Bank Disputes and
Charge Backs may be reported to the
issuer's Credit Agency.
b. If a Charge Back is made on domain
name registration or renewal fees, you
forfeit all ownership and administrator
rights to the domain name(s).
c. In the event that a Charge Back was
made in error, you will be required to
pay a $50.00 reinstatement fee for each
credit card charge back received by
LABASRYTAS.COM before your services
and/or domain name will be reactivated.
7. Billing/Price Changes
a. LABASRYTAS.COM reserves the right to
change billing prices and policies at
any time without notice.
E. Domain Name Registration
1. You must agree to these terms in
Domain Name Registration agreement in
order to use these services. You can
find this agreement in the domain
registrations page.
2. ICANN Policy can be viewed here:
http://www.icann.org/dndr/udrp/policy.htm
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