Terms of Service

Terms and Conditions

Agreement between user and www.lolahosting.com

Welcome to www.lolahosting.com. The www.lolahosting.com website (the “Site”) is comprised of various web pages operated by Lola Hosting (“LolaHosting”). www.lolahosting.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.lolahosting.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.lolahosting.com is a E-commerce Site

Lola Hosting offers web hosting services, such as shared hosting, dedicated severs, co-location, and VPN/VPS. Lola Hosting also offers web design services with web management services

Privacy

Your use of www.lolahosting.com is subject to LolaHosting’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices

Electronic Communication

Visiting www.lolahosting.com or sending emails to LolaHosting constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LolaHosting is not responsible for third party access to your account that results from theft or misappropriation of your account. LolaHosting and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 LolaHosting does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.lolahosting.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LolaHosting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LolaHosting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LolaHosting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LolaHosting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LolaHosting or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by LolaHosting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LolaHosting Content accessed through www.lolahosting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 Indemnification

You agree to indemnify, defend and hold harmless LolaHosting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LolaHosting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LolaHosting in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOLA HOSTING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LOLA HOSTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOLA HOSTING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOLA HOSTING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOLA HOSTING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

LolaHosting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LolaHosting as a result of this agreement or use of the Site. LolaHosting’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LolaHosting’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LolaHosting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LolaHosting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LolaHosting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Account Setup

Lola Hosting will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. If you have a domain name registered with Lola Hosting it is your responsibility to ensure that the contact information for your domain account and your genuine domain name(s) is correct and up-to-date. Lola Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent and denied.

Email

Lola Hosting’s email service provides customers with the capability to send and receive email via the Internet. Lola Hosting retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, Lola Hosting has the legal right to block electronic communications from other entities on the Internet.

Ownership

The credit card holder which is utilized for payment on the account is designated as the authorized owner of the account and will conduct as such

Payment Information

Customer authorizes Lola Hosting to automatically bill and charge the credit card provided, if applicable, for each term unless service is terminated or cancelled by either party prior to the term’s expiration. Customer acknowledges if using a payment method other than credit card, payment must be received prior to term’s expiration to ensure uninterrupted service. Lola Hosting may, at its sole discretion, suspend or terminate service without notice if Customer fails to provide payment for the new term.

If Customer initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed by Lola Hosting for charges billed by Lola Hosting for service, service will be immediately cancelled without notice. Reestablishment of service following a chargeback or similar action will require sufficient explanation for the action and payment of the disputed charge and Lola Hosting’s bank dispute fee. Lola Hosting, at its sole discretion, will determine whether any explanation provided for a chargeback or similar action is sufficient.

 

Third Party Providers

Every transaction with third party providers are exclusively between the visitor and the individual provider. LolaHosting is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You commence all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

Dedicated IP Address Allocation

any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Fair Use

With the exception of Lola Hosting Dedicated Server and Dedicated Cloud Storage products, the customer agrees to make use of Shared Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose and not used for file storage.

Cloud storage software offered on the Shared Hosting platform is for evaluation only and allowed a maximum of 2GB of storage. We reserve the right to suspend all accounts that exceed this limit.

Lola Wireless Shared Web Hosting services are not intended to be used for data backup or archiving purposes. For example, you are not allowed to import or store personal mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.

Content

Lola Hosting only provides service for lawful use. The customer agrees to indemnify and hold harmless Lola Hosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This Includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Intolerable material on all shared servers includes:

• Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
• Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
• Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
• Uploading or linking to any content that violates another’s right of publicity or privacy.
• Distributing hate speech, or any other content that is obscene, abusing, this could be considered libelous and defamatory.
• Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
• Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your web site. Archiving MP3, video, images or backups is prohibited on shared hosting packages.
• Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
• Content Delivery Network (CDN) streaming on Lola Hosting servers or network.

 

Intolerable material on all dedicated servers includes:

Sites promoting illegal activities

Mailer Pro, Mail Bombers/spam Scripts

Sale of any controlled substance without prior proof of appropriate permit(s)

IRCD (irc servers), IRC Scripts/Bots, IP Scanners

Pirated Software/Warez, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) ,Bruteforce Programs/Scripts/Applications, Forums and/or websites that distribute or link to warez/pirated/illegal content

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,MLM/Pyramid Scheme), Escrow, Prime Banks Programs, Bank Debentures/Bank Debenture Trading Program

Lottery/Gambling Sites

Child pornography

Hacker focused sites/archives/programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Lola Hosting systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Lola Hosting system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Lola Hosting  may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.\

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Lolahosting.com and many of Lolahosting.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Hostgator.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Lolahosting.com’s webhosting service(s).

Sites hosted on Lolahosting.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Hostgator.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password

Violations of the Terms of Service will waive the refund policy.

User may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Dedicated Servers

Lola Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Lola Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host, since each hosting company’s construction differs from one another, and some hosting policies save data in an incompatible or proprietary format, which may make it difficult if not unfeasible to migrate some or all account data.

Backups and Data Loss

Lola  Hosting cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete.

You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by AN Hosting from time to time.

We have the right, but not the obligation, to make backup copies of the data you upload to our Lola Hosting servers. Lola Hosting does store on a temporary basis backups which are intended for our disaster recovery.

Disclosure to law enforcement

Lola Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to Terms

LolaHosting reserves the right, in its sole discretion, to change the Terms under which www.lolahosting.com is offered. The most current version of the Terms will supersede all previous versions. LolaHosting encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Lola Wireless

603 Counrty Club Dr. Ste. G

Bensenville, Illinois 60106

Email Address: sales@lolawireless.com

Telephone number: (630) 496-9960

 

Effective as of August 21, 2012