Web Hosting Terms of Service

The following terms of service (TOS) are applicable to all web hosting services provided by Goldschmidt Enterprises, Inc. DBA LuGoSoft.com. VoIP telephony services are additionally governed by our separate TOS, which are available here: http://voip.lugosoft.com/tos

These Terms of Service constitute the agreement ("Agreement") between Goldschmidt Enterprises, Inc. DBA LuGoSoft.com ("we," "us" or "LuGoSoft") and the Customer ("you," "user" or "Customer") of LuGoSoft web hosting services. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.


1. Service Description

LuGoSoft.com agrees to provide to Customer with the custom web hosting solution as initially agreed upon in writing. The Customer shall retain a copy of such agreement until the termination of this agreement.

2. Payments and Invoicing

2.1. The default billing cycle for web hosting services is 1 month, unless a different term has been agreed upon in writing during execution of this agreement. Service is invoiced at the beginning of the billing cycle for service rendered during said billing cycle plus any applicable overages incurred during the previous billing cycle. Payment is due no later than 21 calendar days from the date of the invoice. Payments may be made online using a credit card (Visa, Master Card or American Express), or by a personal, business or cashier's check drawn from on a US Financial Institution. Check payment should be sent to: Goldschmidt Enterprises, Inc., PO Box 593, Rainier, WA 98576. Customer agrees that failure to pay outstanding charges by the due date constitutes grounds for termination of all your services. LuGoSoft.com shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice.
2.2. Delinquent accounts are subject to a delinquent fee of 5% of the balance due or $5.00 per month, whichever is more. LuGoSoft.com may terminate accounts delinquent for more than 60 days at anytime without notice. Account re-activation may be available for a one-time $20.00 fee if customer's data has not been permanently destroyed.
2.3. New accounts and accounts with a history of frequent delinquency are required to maintain a valid credit card on file for billing purposes.

3. Cancellation

Customer reserves the right to cancel account at any time. Customer will not receive any partial refunds for the current billing cycle excluding any over charges. All sales are final. Any pre-paid amount applicable toward future billing cycles is refundable upon request. Customer agrees that no refunds will be given in the event that the Customer's account is terminated by LuGoSoft.com for any reason.

LuGoSoft.com does not guarantee that the services will be uninterrupted or error-free from time to time due to system maintenance or abuse. All cancellations must be received by email to info@lugosoft.com at least 7 days prior to the end of the current billing cycle.

4. Responsibilities of LuGoSoft.com

4.1. LuGoSoft.com shall provide Customer with Web Hosting Service as set forth in the hosting agreement between LuGoSoft.com and Customer. LuGoSoft.com shall perform its services to the best of LuGoSoft.com's ability.
4.2. LuGoSoft.com reserves the right to refuse service to anyone at any time. If LuGoSoft.com should initiate termination of services with Customer, LuGoSoft.com shall provide sufficient notice to Customer in order to allow Customer to download own files. Should LuGoSoft.com initiate termination for any violations of this service agreement or server abuse, customers losses all rights to download any stored files on the LuGoSoft's servers.

5. Responsibilities of the Customer

Customer shall be solely responsible for all content available on or through its site hosted by LuGoSoft.com, and shall at all times be subject to the terms of this Agreement.

5.1. Customer agrees not to use the LuGoSoft.com Web Hosting service in any manner that is illegal or libelous.
5.2. Customer warrants that its site hosted with LuGoSoft.com will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. LuGoSoft.com shall have no obligations with respect to the content available on or through any site hosted on the LuGoSoft.com Web Hosting Services, including, but not limited to, any duty to review or monitor any such content. LuGoSoft.com reserves the right to block any site that violates any of the above-stated terms, or which in LuGoSoft.com's sole discretion, LuGoSoft.com deems objectionable or offensive, or otherwise violates a law or LuGoSoft.com's policy.
5.3. Third-party software available though LuGoSoft.com may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them.
5.4. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING) sending chain letters, using more then a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either LuGoSoft.com or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of LuGoSoft.com, have their account(s) terminated without notice and be subject to a $500 cleanup fee at the discretion of LuGoSoft.com.

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.
6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at LuGoSoft.com. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Websites of this nature are considered non-professional and are not welcome.
Customer's whose accounts are found in violation of this policy may, at the discretion of LuGoSoft.com, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50.
6.3 LuGoSoft.com does not allow any pornographic sites due to bandwidth issues associated with this type of site, any sites set-up in contradiction to this rule will be immediately stopped and the customer will have an opportunity to change to a non pornographic content site if this is not an option then canceling the account in this case no refund will be issued.

7. Privacy Policy

7.1. LuGoSoft.com respects each individual's right to personal privacy, and is committed to protecting your privacy. The information you provide to us will remain confidential and will not be distributed to any outside parties; we do not share information with any third parties.
7.2. LuGoSoft.com utilizes, in whole or in part, the public Internet and third party networks to transmit data and other communications. LuGoSoft.com is not liable for any lack of privacy which may be experienced with regard to transmission of data.
7.3. Customers' sensitive account details including email address, billing address or billing information are transferred using the industry-standard SSL encryption and will not be shared with any third party.

8. Warranties and Indemnification

8.1. IN NO EVENT WILL LuGoSoft.com's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO LuGoSoft.com HEREUNDER. IN NO EVENT WILL LuGoSoft.com BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL LuGoSoft.com BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. DISCLAIMERS LuGoSoft.com MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF LuGoSoft.com, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES LuGoSoft.com MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LuGoSoft.com SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.
8.3. YOU AGREE TO USE ALL LuGoSoft.com's SERVICES AT YOUR OWN RISK. IN NO EVENT SHALL LuGoSoft.com BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.

9. Term and Termination

9.1. This agreement is effective when you accept LuGoSoft.com's Web Hosting Service and continues until terminated by either party.
9.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party, however, LuGoSoft.com may terminate the Agreement immediately if any of the terms of this contract are no met.

10. Government of this Agreement

You agree that the Laws of the State of Washington govern LuGoSoft.com's services. You agree that the state of Washington in which LuGoSoft.com is located shall be the location for any legal action relating to our services.
LuGoSoft.com can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless LuGoSoft.com agrees to it in writing.

Last Updated: January 25, 2008. Copyright 2000-2011.