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Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our clients as a whole.
This website and its services are operated and owned by JTL Networks Inc. (DBA: L40.net). (Herein Known as L40.net) The person, individual, group, or company agreeing to these policies will herein be known as "Client"

L40.net's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a client's access to any or all services provided by us if it is decided that the account has been inappropriately used. All services are intended for the end user only and may not be subleased, sold or given to third parties unless otherwise specified by your type of account.
L40.net is a web presence provider allowing Client's web site to be accessed via Client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. L40.net provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."

L40.net will only handle the registration process for Client's domain name if specifically requested by the client. L40.net in no way holds any responsibility for payment of fees required by the name registrar for Client's domain name, except per section 16 of these policies. Client agrees to pay all charges requested by domain registrar who will bill client separately without any contact with L40.net.

2. Authorization of Charges

Client authorizes L40.net to charge credit card supplied by Client monthly, quaterly, semi-annually, annually, or any other specified of recurring basis specified at the time of payment. If Client requests additional storage space Client authorizes L40.net to charge an additional price listed by L40.net.

If verification of Client's supplied credit card information fails requested charge by L40.net for initial annual fees or for any of the annual fees thereafter L40.net reserves the right to refuse, suspend, or cancel service pending L40.net's receipt of valid credit card information from Client. Client agrees to notify L40.net of any changes to Client's credit card information.

If payment was made via PayPal, Client agrees to keep a valid subscription at all times. If the PayPal subscription is cancelled the Client's hosting account will be automatically be suspended.

3. Content Restrictions

All services provided by L40.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Pornography, nudity, and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.

Sites that promote any illegal activity, such as Warez sites, are prohibited on non-adult servers. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any L40.net Host's servers. Links to such content elsewhere are also prohibited.


No profanity or hate promoting websites will be allowed on our servers.

Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives.

L40.net reserves the right to remove any material from Client's web space that is deemed unacceptable by us.
L40.net reserves the right to terminate Client's account without refund at our discretion if said material is discovered. L40.net is the sole arbiter as to what constitutes a violation of the above provisions.

4. Application, CGI, and Resource Use Restrictions

The Client is allowed to freely install CGI applications; however, L40.net reserves the right to disable any application that unreasonably affects or interferes with normal server operations. Said situation is highly unlikely.
No site may use more than 10% of the total server output at any given time.

No CGI/Perl forums are allowed as a they use to many system resources. We recommend installing the php-based forums provided with all accounts. Accounts found to have said forum installed will be terminated without refund.

No Game servers, gaming software, gaming applets, or any form of server side generated server gaming application or gaming script is allowed on our servers. This violation is grounds for immediate termination.

Client will not install Client's own chatroom of any kind, with out permission, because they tend to be large "system hogs" and therefore fall into the category described above. The chat room(s) provided with your Control Panel may be used at all times.

Due to the illegal nature of proxies we do not allow them to be installed on our server. Any account that is found to be using a proxy will be terminated without a refund.

Any site that "repeatedly" recieves Denial of Service (DOS) attacks, SYN Attacks, MySQL query robot attacks, forum signup robot attacks, or any other "REPEATED" attack is subject to be removed from the server and account cancelled without refund.

5. Spam Policy

L40.net servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

L40.net considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. L40.net is the sole arbiter as to what constitutes a violation of the above provisions.

6. Server Abuse

Any attempt to undermine or cause harm to a L40.net server or another L40.net Client is strictly prohibited.

Any attempt to undermine any L40.net web site or a web site of another L40.net Client is strictly prohibited and may result in immediate termination of services rendered by L40.net without refund. L40.net is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implimented for intentional server abuse.

7. Indemnification

Client agrees that it will defend, indemnify, and hold harmless L40.net from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against L40.net, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless L40.net against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with L40.net's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from L40.net's servers.

L40.net assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Client agrees that all claims or disputes will be handled by the American Arbitration Association in the county of Miami-Dade. Client will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and L40.net's reasonable attorneys' fees.

Client agrees to pay any fees that result from requesting a chargeback with his/her credit card company for legitimate charges disclosed at time of signing up for hosting account.

8. Disclaimer

L40.net wll not be held responsible for any damages you or your business may suffer. L40.net makes no warranties of any kind, expressed or implied, for services rendered. L40.net disclaims any warranty or merchantability or fitness for a particular purpose. L40.net assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. L40.net will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from L40.net.

9. Term

The term of this Agreement will continue until a notice of cancellation by L40.net or Client is given, or until terminated under other provisions of this Agreement. L40.net reserves the right to terminate this Agreement without cause upon notification to the Client. L40.net may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by L40.net to implement this Agreement is disrupted or terminated for any reason.

CLIENT may request L40.net refunds money within 14 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 14 days have past CLIENT may cancel contract, however, CLIENT forfiets monies paid to L40.net. CLIENT may cancel account with L40.net and be removed from billing, therebye stopping all future charges.

Cancel requests must be recieved 7 days before the next billing due date of the account in order to avoid a next recurring non-refundable charge to be made to your account.
All service or addon service payments are final and will not be refunded and do not have a 14 day money back refund policy. Only new web hosting plans are entitled to this garauntee.

If client is found to be in violation of any section of the Terms of Service, no refund will be given. These policies can be modified or changed at any time by L40.net.net with or with out prior notice to client. In most cases L40.net will inform client of any major policy changes.

10. Presumption of Agreement

By signing up with L40.net, be it using L40.net's online sign up form or contacting in any way an employee, officer, agent, and director with request for L40.net to provide Client services, Client (1) authorizes L40.net to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

11. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, L40.net will be entitled to damages, costs, and attorney's fees from the Client.

12. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

13. Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of Ohio and the venue for any action, dispute or proceeding with respect to this Agreement will be Ohio, Franklin County.

Captions

The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications

L40.net may make amendments or modifications to this Agreement at any time. Whenever practical, L40.net will notify Client of changes to this Agreement.

Clients are responsible for frequently backing up their files on our system. L40.net cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

14. Performance/Uptime Guarantee

L40.net Webhosting guarantees that the network will be available 97% of the time in a given month, excluding scheduled maintenance. Therefore after network downtime of 2 minutes per day, calculated monthly, L40.net Webhosting will refund 3.3% of the monthly hosting fee to the requesting client for each day of downtime up to 100% of the monthly fee. This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" outside of anyone's control. If you have a dedicated server through our network, the same guarantee applies, but does not cover any load issues caused by software running on the machine. Connectivity is measured as the ability of the server to transmit and receive data.

To be eligible for this guarantee, your account must be in good standing and a trouble ticket must be submitted and verified. All requests for credit should be made to the billing department with a trouble ticket number referenced within 2 days of downtime. Refunds based on monthly uptime.
Network downtime is measured from the time the trouble ticket is submitted until verification of problem resolution is provided in the trouble ticket. Any client within the L40.net Webhosting Network automatically qualifies to participate in this Guarantee.

15. Refunds

All web hosting packages include a 14 day money back satisfaction guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund of 100% of your money (including set up fees) if you cancel your account within 14 days of the activation.

No refunds are available after 14 days. Any request for cancellation must be received via our online support ticket system. You will receive verification upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

Please refer to section 9 for further information on cancellation terms.

Accounts cancelled/terminated by L40.net Webhosting for violating our Terms of Service do not qualify for the 14-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Please allow up to 4 weeks for refunds to be processed.

Domain registration is not included and is nonrefundable. Refunds for violations of our TOS are not applicable if refund is given through the 14 day Money Back program. Any violation of our terms of use, disqualifies the account for any type of refund.

16. Domain Agreement

L40.net may provide new top level domain name for new clients as requested by them, on packages which specifically state this. The client is responsible for renewing domain name by contacting the sales department.
If a client decides to cancel or request a refund for the hosting package with L40.net any domain registration fees will not be refunded under any circumstances.

17. Conduct

18. Plan Upgrades/Misc.

Annual, Semi-Annual, Quarterly Plans are not allowed to be refunded or cancelled after 14 days. Annual, Semi-Annual, Quarterly plans have a heavy built-in discount that is given to clients expecting to host for more than one month.

Account Resets
One account reset is allowed in every three month period. Additional resets require a seperate fee.