Hosting Acceptable Use Policy
Lake-Link welcomes its subscribers to the Internet and the wealth of information and entertainment that it contains. As a user of the Internet the user will be presented with many forms of information, both legal and illegal. Lake-Link does not condone the receipt or dissemination of the latter. In addition, Lake-Link discourages activities that may infringe on the rights of others, including but not limited to security violations, copyright violations, harassment and violation of individual privacy rights. This Acceptable Use Policy (AUP) serves as notice that Lake-Link, Inc. reserves the right to terminate or otherwise restrict use of the user's account if s/he is found to be in violation of any of Lake-Link's guidelines. This AUP may be revised from time to time to reflect additional protections put in place. Continued use of Lake-Link services constitutes acceptance of any revised or additional terms of this AUP.If you do not agree to the terms of this agreement please contact our office at (262) 264-0402 so that we may initiate termination of the account and future billing. USE OF YOUR ACCOUNT shall constitute your approval of the AUP.
Definitions
You, Customer, Client and User refer to the party contracted to pay Lake-Link, Inc. for webhosting services.
Personal Files
Lake-Link, Inc. is not responsible for backups of user's personal files and information. Additionally, Lake-Link reserves the right to delete any information pertaining to user's accounts within a reasonable time that user is no longer a customer of Lake-Link.
Setup Fees
Any setup fees that are charged are nonrefundable.
Network IP address assignments
Any network IP address assignments issued by Lake-Link are the property of Lake-Link, Inc. and are considered to be loaned to the Client. In the event service with Lake-Link is discontinued for any reason, such addresses will revert to Lake-Link.
No Warranties
Lake-Link, Inc. makes no warranties of any kind, whether expressed or implied, for the service it is providing. Lake-Link, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. Lake-Link, Inc. will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Re-registered Cancelled Accounts
If a Customer re-registers, after Lake-Link has cancelled the account, without Lake-Link's written consent, Lake-Link will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited.
Contact Information
Lake-Link may need to communicate with its customers through email. It is the responsibility of the customer to furnish to Lake-Link the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact Lake-Link of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.
Taxes
Lake-Link shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Lake-Link's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Lake-Link shall be the sole arbiter of what is considered to be a high server usage level.
CGI Scripts
CGI script sharing with domains not hosted by Lake-Link is not allowed. Any CGI deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Chat Rooms
Lake-Link does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. Lake-Link does provide a choice of Java chatrooms for a small extra charge that should meet most users' needs and run without hindering the performance of the machine of our servers.
Background Running Programs and Cron Jobs
Lake-Link may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact us before doing so.
IRC
Lake-Link does not allow IRC or IRC bots to be operated on our servers.
Database
Any database stored on Lake-Link servers shall be limited in size to 50% of the total disk space allotted for a particular domain.
Termination
Termination of any webhosting account will only take place upon phone request and confirmation with Lake-Link. ((262) 264-0402)
Prohibited Activities
To better ensure that Lake-Link accounts are not used for illegal/improper purposes, Lake-Link has delineated those activities that are deemed illegal or improper. Individuals who engage in the following activities may be subject to account termination or restrictions placed upon their accounts:
Obscene Materials/Speech
Using Lake-Link's network to store or disseminate or otherwise make available child pornography is expressly prohibited. Any account found in violation of this prohibition will be terminated. Lake-Link is required by Federal law to notify law officials when it becomes aware of child pornography on it network.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited. Commercial postings to non-commercial Newsgroups, or postings which are directed to either inappropriate, unrelated, or more than 20 groups is prohibited. The cross-posting of articles into non-related Newsgroups is strongly discouraged due to the congestion created by this practice. Storage of user data must be done within the user's assigned home directory, or as assigned by Lake-Link staff. Usage of other disk space is prohibited, except by Lake-Link system programs making temporary use of the system's public file system areas.
Any individuals who are cancelled for spamming will incur a $150.00 clean-up fee, which is neither negotiable nor refundable. Any damages requiring extensive repairs caused by spam will result in the offending party being billed at a rate of $100.00/hour until the repairs are completed to the satisfaction of Lake-Link. Maintaining an open SMTP relay is prohibited. Lake-Link has the discretion of determining whether the email recipients were from an opt-in email list.
Intellectual Property Violations
Engaging in any activity that may violate the intellectual property rights of another are prohibited. Protected intellectual property rights include, without limitation, copyrights, trademarks, service marks, software piracy, trade secrets, patents held personally and by corporate entities. Lake-Link is required by law to comply with orders to restrict accounts that have been found to violate the intellectual property rights of others.
Defamatory/Abusive Language
The use of Lake-Link's network to post or otherwise transmit harassing, abusive, or threatening language is expressly prohibited.
Illegal or Unauthorized Access
Any access to other networks through Lake-Link must comply with the rules appropriate for that network. Unlawful or intrusive access is strictly prohibited and includes, but is not limited to attempting to penetrate security measures and/or port scanning, whether or not the intrusion or attempt results in corruption or loss of data. Such activities will result in termination of service and/or legal measures.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Exporting encryption software over the Internet, or otherwise, to point outside the United States.
Export Control Violations
Exporting encryption software over the Internet, or otherwise, to point outside the United States.
Forging Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Facilitating A Violation Of This AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
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Other Activities
Engaging in activities, whether lawful or unlawful, that Lake-Link determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Third Party Subscribers
In the event that a user of Lake-Link's service is an ISP or reseller, any violations of user's (third party) subscribers may be addressed directly by Lake-Link terminating or placing restrictions on that subscriber's account. Lake-Link expects that the user will assist Lake-Link in enforcing the terms of this AUP against the user's subscribers.
Privacy
Lake-Link recognizes that the Internet, like other forms of communication is not a completely secure. Lake-Link respects the privacy of its users and will not intentionally monitor communications from its users unless it is directed by governmental authorities to do so. Moreover, Lake-Link will disclose any information about its users in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Lake-Link assumes no obligation to inform the user if such information is requested.
Right to Damages
In the event that an act or omission by the User that constitutes a violation of this AUP causes economic damage to Lake-Link, Inc. Lake-Link, Inc. will have a right to claim and collect economic damage from the User.
Indemnification
User agrees that it shall defend, indemnify, save and hold Lake-Link, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against Lake-Link, Inc., its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless Lake-Link, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Lake-Link, Inc.'s server, (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party, (iii) copyright infringement and (iv) any defective product which Client sold on Lake-Link, Inc.'s server.
