Please read and understand our policies as they are designed to protect the overall best interests of our clients. LBName's general policy is to be a neutral provider of access to the global Internet.
LBName reserves all rights in the final interpretation of the full meaning of the content of this policy. LBName reserves the right to amend the Terms of Service at any time without notice.
LBName reserves the right to suspend or cancel any customer access or all services provided by LBName when LBName determines that the account has been misused. If you are unsure whether any intended use or behavior is permitted, please send an email to [email protected] and we will assist you.
Clients will be responsible for any and all operations performed on their account whether by the account holder or others. If the security of the server is compromised, the account holder is responsible for all violations of these Terms of Service (so called here) and LBNames' Acceptable Use Policy (AUP), including spam, and for all disconnect and reconnect charges associated with the violation. LBName does not harden or enable other server security software than the operating system's defaults. The following terms constitute an agreement between you and LBName Limited ("LBName"). These Terms of Service govern your use of the services provided by LBName Limited ("Services"). By using the Services you agree to the Terms of Service, including your consent to conduct transactions with us electronically, your consent to the disclosure of information in our AUP practices, and your consent to dispute resolution in the Hong Kong Special Administrative Region ("SAR"), you may have Partner with us, our suppliers or services. Please note that our services are provided "as is" without warranty. These Terms of Service govern our relationships with our suppliers. We may change these Terms of Service at any time as we see fit. If we make changes that we believe will have a material impact on your use of the Service, we will let you know by sending you an email, if we have a current email address, and noted on our website , these Terms of Service have been updated. If you do not agree with the changes to these terms of service, stop using the service. Your continued use of any service after the change becomes effective means that you agree to the new terms. We encourage you to review these Terms of Service periodically.
LBName agrees to provide the service, which is paid in advance by the client, to the client, after thorough compliance with the AUP and these Terms of Service. LBName reserves the right to deny service to any potential client and/or deny service updates to any existing client, at LBName's sole discretion.
Changes to the Terms of Service and AUPs
LBName's Terms of Service and AUP are subject to change at LBName's sole discretion at any time without notice. Policy changes will not be grounds for early termination or non-payment. The client recognizes that the nature of the services provided and that the initial rates and charges have been communicated to the client. Client understands that from time to time rates may be based on hardware, general market conditions or other factors. Clients will be notified of the rate or any fee increase earlier than the billing renewal date on which such increase will take effect.
Unpaid / Service Interruption
Interruption of unpaid services may be subject to a late fee of HK$300. Until a reconnection is established or some other arrangement is the only satisfaction of LBName is that the service data stored on the client will not be available to the client. Deactivation of chargebacks or reclamations of clients subject to damage to their data seven (7) days from the date of suspension/reclamation. LBName is not responsible for data integrity, regardless of the situation. LBName strongly recommends constantly updating and turning off network backups to prevent data loss.
No services provided through LBName are eligible for a refund. Advance payments and account credits are not eligible to be refunded or transferred to alternate accounts. Any and all fee disputes must be reported directly to LBName within thirty (30) days from the date the fee was originally incurred. If this is deemed a valid LBName, and verified by our Terms of Service or AUP, by the financial institution that executes the reclaimed dispute, then the client agrees to pay the HK$1500 "Administration Fee" which is the initial amount of recovered funds.
In the event that service is suspended for non-payment, it will be terminated for seven (7) days from the time of suspension. At this time, a termination fee of HK$300 will be applied to accounts that must be paid within 15 days to avoid full consideration for suspension. LBName assumes no responsibility for the integrity of the data stored on the pending server.
LBName needs to submit seven (7) days notice of cancellation through the ticketing system before the billing renewal date is the upcoming billing cycle. A seven (7) days notice is also required prior to the upcoming billing date for any downgrades. All customer data will be destroyed immediately after the cancellation date. If notice of cancellation is not provided within seven (7) days the server will still cancel however a HK$300 termination fee will be applied to the account which must be paid within 15 days to avoid full consideration of suspension. Official LBName resellers may cancel their servers up to 24 (24) hours after the server's billing renewal date. Twenty-four (24) hours later, the server can still be requested to be cancelled by the dealer,
In the event a scam is discovered, the fraudulent account, and all related accounts, shall be suspended or terminated immediately at LBName's sole discretion. All information provided to LBName regarding fraudulent accounts/services should be submitted to the local government, as well as any financial institutions involved. All fraudulent orders will be investigated, and all fraudulent clients will be prosecuted to the fullest extent permitted by law, whether within the District or abroad.
Disclaimer of Liability; Warranty
The Services We Provide.AS IS. , . With all flaws. and .AS available. We and our suppliers make no warranties or guarantees, express or implied, about the quality of service. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR REQUIREMENT, OR NON-INFRINGEMENT. We and our suppliers do not warrant that a result that may be obtained from the use of these services will be effective, reliable, accurate or meet your needs. We do not guarantee that you will be able to access or use the Services, (directly or through third-party advertising networks) at the time or location you choose. No oral or written information given by a LBName Ltd representative shall constitute a warranty. You may have other consumer rights under local law and this contract cannot be changed. You may use the service at your own risk.
Your sole remedy for any disputes with us or the service provider is the cancellation of your account. IN NO EVENT WILL WE, OUR AFFILIATES "AND SUPPLIERS" FOR AGGREGATE AND CUMULATIVE LIABILITY FOR ANY AGGREGATE AND CUMULATIVE LIABILITY FOR YOU AND ALL CLAIMS IN CONNECTION WITH THE USE OF ITS SERVICES EXCEED THE TOTAL COSTS, IF ANY, FOR THE PERIOD PAID BY YOU, DURING THE PERIOD Such claims arise. Our company, subsidiaries, and our providers shall not be liable for any indirect, special, incidental, consequential or punitive damages arising out of your use or inability to use the Service. Apply to exclude any claims for lost profits, loss of data, loss of goodwill, downtime, computer failure or error, or any other business damage or loss, even if we knew or should have known of the possibility of such damage.
You agree to defend, hold and hold us, our employees, contractors, officers, directors, agents, affiliates and suppliers from all liabilities, claims and expenses, including attorneys' fees, arising out of use or misuse Serve. We reserve the right to take control of any third party claim that you are subject to indemnification, in which case you will cooperate with us in the defense of any available defense in asserting it.
LBName provides hardware support with each direct customer service function. LBName does not provide software support of any kind. LBName does not provide software support/troubleshooting for software items selected from the order. LBName only ensures the correct default installation of any software item selected from the order and is not responsible in any way for the configuration of any installed software. LBName is not responsible for any downtime associated with the incorrect configuration of the operating system kernel or any software, whether LBName or the client is installed. LBName can provide enhanced software support (including kernel configuration) for an additional fee. Please contact Sales or Support for Enhanced Support pricing. Each client is entitled to one (1) complementary operating system (.OS.) reload per billing cycle; each additional OS reload is HK$500 per reload. Installation of unsupported operating systems is subject to LBName's prior approval and a handling fee of HK$500. LBName does not provide any kind of support for our clients (third party clients). LBName will only provide direct support to LBName customers.
DSHelp! Routine inspection, active management
All DSHelp! Services provided on a "best effort" basis do not necessarily guarantee the expected results. Ticketing fees in Method 1 and Method 2 are limited to tech questions that require an hour or less of time. Taking more than 1 hour to solve the problem requires a HK$600.00 Tier 3 ticketing fee to be completed. You may, however, choose to cancel your tickets at no additional cost. Final confirmation will be provided when the work is completed. A maximum of three (3) days will be given to the client if the work is not properly completed representations. After three (3) days, the ticket is considered complete and additional charges for additional work will be required. LBName is not responsible for any downtime due to any DSHelp! support. DSHelp! Support hours are not eligible for LBName SLA (Service Level Agreement) calculations in any way. Once DSHelp! The ticket is opened and it is non-refundable.
Abuse/spam/bulk email policy
LBName reserves the right to refuse mail delivery from any server hosted on our network if they are believed to be involved in spam or SPIM activity. This includes spam support services such as DNS or spamvertized websites. Our abuse department will monitor and locate abusive servers according to the public blacklist, and report abuses from external networks and other means. If our abuse department receives reports or other sources learn of abuse-related activity active on our network, we will identify that the abuse was originally sent (by IP and in some cases, domains) from the server and created on behalf of the server Ticket users who have a log on the server with information about abuse such as introducing the abuse and explaining what happened to the abuse.
The following actions will be taken on a case-by-case basis:
An abuse ticket is a notification that our abuse department has received a report of abuse originating from the server. We need an ALL abusive ticket that is opened for 48 hour ticketing in a client response. Typically no service will be suspended or filtered within the first 48 hours that an abuse ticket is opened. If a response is not received within 48 hours, or the server is determined to be abusive (or possibly abused in the case of spam blacklistings) after the ticket is opened, our abuse technicians can filter or disable the port or IP address assigned to the server on until a response is received temporarily to prevent further abuse. If the response has not been opened within 7 days of receiving an abuse ticket, the server may enjoy a suspension until the response we receive may be completely disabled.
Abusive and habitual negligence that occurs on a client's server may result in service termination or long-term port filtering. Some blacklistings may take weeks to time out or remove. LBName reserves the right to deny service to any client whose account is fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, LBName reserves the right to issue a fine of HK$500 and terminate the service immediately.
Abuse Notifications on Compromised Servers: If our Abuse Department suspects the security of an abuse reporting server associated with a client's server and the results are compromised, our Abuse Department offers the following options: At our Abuse Department's discretion , we will generally provide the ability to log on to the server while filtering abusive traffic and address security compromises. Provides a reinstall of the operating system that will configure the configuration back to its original state in which it was configured. If reinstalling the operating system is not accepted as an option, LBName can offer to manually retrieve/repair files on the server, at a cost to be assessed and paid for before any work is being done.
Traffic habitual security threats that lead to abuse being sent or received from the server may cause service interruptions. If the customer wishes to report any disputed abuse, or to assess any fines in connection with the abuse report or blacklistings, the customer must provide an explanation for LBName being opened within 10 days of the abuse ticket being opened through the online ticketing system.
LBName takes any and all Digital Millennium Copyright Act (.DMCA) complaints very seriously and will thoroughly investigate every complaint received. LBName reserves the right to pursue civil damages for any costs associated with an investigation of a proven policy violation.
The following actions will be taken on a case-by-case basis:
A ticket is turned on alerting, providing 48 hours to resolve the issue.
After 48 hours of no client response, connections to the IP address complaining from the DMCA will be disabled at the network level. At this time, LBName reserves the right to assess a HK$300 fine.
After 72 hours of no resolution, service on the server in question will be suspended.
After 7 days of being suspended and the issue not being resolved, the service on the server in question will be cancelled and an abuse fee of HK$2000 will be placed on the account. All customer data will be destroyed immediately after the cancellation date.
Users who violate this policy by failing to resolve the situation within 48 hours agree that, in addition to these administrative penalties, they will be paid. The research fee does not exceed $500 per hour that LBName personnel must spend to investigate the matter, charged only if the entitlement is deemed valid.
Customer agrees to pay any excess bandwidth charges accrued in their account from previous billing cycles. Bandwidth overage fee is charged per GB at the speed of the service's allocated bandwidth above HK$10. LBName reserves the right to suspend any account it does not pay for bandwidth overage within 15 days. LBName is not responsible for bandwidth spikes that are caused by any reason on the customer's service. Customers are responsible for all bandwidth to and from their services. If a notice of expected excess bandwidth is issued, the customer is required to pay for the arrangement within 24 hours of such notice to prevent possible service disruption until adequate arrangements are made. These arrangements may include being asked to proactively upgrade bandwidth.
Foreign exchange payment verification
Client agrees to submit authentication measures designed for the safety of both clients and the security of LBName. Authentication measures may include faxes of two forms of government-issued identification to LBName, and a copy of the front and back of the credit card used for payment, and a copy of the utility bill and billing address. In some cases additional authentication may be required, in addition to the previously listed forms.
LBName keeps all customer information private, however LBName reserves the right to display, disclose, disclose or use the services provided on any LBName and its associates website regardless & whenever published or in any publication or (dielectric or hard copy. format) population for marketing purposes.
LBName reserves the right to use the client's offer for promotional purposes. Such quotations will be anonymous unless the client agrees that their name is published. All LBName and client communications are strictly confidential and reach intended use only by the recipient. Any disclosure, use or reproduction of the information by anyone other than the intended recipient is prohibited and you agree to indemnify and be held liable if you violate this agreement by forwarding the information, posting or allowing it to be posted on public or private online forums or venue.
Your affirmative use of the Services constitutes your electronic signature of the Terms of Service and your agreement to enter into an agreement with us electronically. You also agree that we may send you any privacy or other notices, disclosures, reports, documents, communications or other records relating to the Services (collectively, .Notices) in electronic form. We may send you electronic notices to the email address you provided to us when you registered. Delivery is effective when we send out any notification from us regardless of when you received it, whether you saw the notification or whether you actually received the delivery. You may withdraw your consent to receive notifications electronically by canceling or ceasing your use of the App Service. In order to receive notifications electronically, you must have a personal computer connected to a communication source (telephone, wireless or broadband) modem and a Windows-based or Macintosh-based operating system with an Internet browser. You need a printer connected to your personal computer to print any statement. You can retrieve both electronic and printed versions of this contract by clicking on .Terms on the Service. Any web page hosts a link to any service. All contracts completed electronically will be deemed for all legal purposes and shall be in writing and signed in a legally binding writing. You can retrieve both electronic and printed versions of this contract by clicking on .Terms on the Service. Any web page hosts a link to any service. All contracts completed electronically will be deemed for all legal purposes and shall be in writing and signed in a legally binding writing. You can retrieve both electronic and printed versions of this contract by clicking on .Terms on the Service. Any web page hosts a link to any service. All contracts completed electronically will be deemed for all legal purposes and shall be in writing and signed in a legally binding writing.
the whole agreement
Any supplemental terms to this contract, policies posted on our website, rules and guidelines constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, written or oral. If any part of these Terms of Service is held to be invalid or unenforceable, that part shall be construed in a manner that reflects and is consistent with applicable law, as close as possible to the original intent of the parties, and the remainder shall remain in full force and effect.
Choice of Law and Venue for Dispute Resolution
(1) A waiver of claims that you may otherwise have against SAR based laws in other jurisdictions, including your own;
(2) irrevocable consent to the author's exclusive jurisdiction of the Courts of D.C. County, and venue, through any dispute or claim you have with us in connection with or arising out of the Service, the Service or the Agreement;
LBName will not be responsible for any losses your business may suffer. LBName makes no warranties, express or implied, that we provide services. LBName disclaims any warranty or merchantability or fitness for a particular purpose. This includes delays, non-delivery, mis-delivery, and any data loss resulting from disruption of services owned by LBName and employees. LBName reserves the right to amend its policies at any time without prior notice.
LBName also expects that its users who provide Internet services to others will be in full compliance with all applicable laws regarding the privacy of online communications. Subscriber's failure to comply with these laws will violate LBName policy. Finally, LBName would like to emphasize that, in accepting the service, the user indemnifies LBName for any violation of the service agreement, or the law or LBName's policy, that is, in the loss of LBName or against any LBName's claim for compensation. This means that if LBName is sued because of a user's activity that violates any law, service agreement or this policy (which is part of the service agreement), the user will pay for any damages to SunnyVsion, plus costs and reasonable attorneys
Acceptable Use Policy
You will be responsible for all actions performed on your account whether done by you or by someone else! If the security of the server is compromised, the account holder is responsible for all violations of LBName's" Terms of Service ("Terms of Service"), this Acceptable Use Policy ("AUP"), including spam, and all disconnect and restart Connection related charges violated.
The following terms constitute an agreement between you and LBName Limited ("LBName"). This AUP regulates your use of the services provided by LBName (hereinafter referred to as the "Services"). By using the Services you agree to this AUP.
Statement of Purpose
The main purpose of LBName is to provide our clients with the resources necessary to make their Internet online services reliable as lightning fast, highly available, and responsive to the individual needs of each client environment.
About ultimate responsibility
The client is ultimately responsible for the security of the individual server. LBName refuses to take any responsibility for the content on the server.
All clients have access to this public and private network; however, any means, including interference, misuse of the network will result in a violation of this AUP. All violations of this AUP are subject to review by LBName and unilaterally determined by LBName that appropriate action should of course be taken. Correct use of public networks must comply with all Hong Kong SAR laws. Clients assume full responsibility for everything they do on the server. Content showing or conveying the act of mating or exposing genitals is prohibited, regardless of context. Forgery of any TCP/IP packet header or any part of the header information of any email or newsgroup article is considered a violation of this AUP.
Any type of breach, regardless of the purpose of use, shall be the termination of an account. This includes, but is not limited to, the abuse of remote rebooting the system by using it multiple times for a short amount of time for inappropriate reasons.
Private Backbone (LBName Private Tunnel)
LBName allows the use of a dedicated backbone network, allowing customers to transfer data between servers with unlimited upload/download restrictions. This private backbone is in place to enable content upload/download, authorized client server, server management and console access to information between server and LBName' server, secure private management of services, transfer of information and data retrieval .
Clients are required and obligated to maintain all security on their own servers. Any and all additional charges that are occurring due to lack of supervision or security by the client are the responsibility of the client.
LBName does not actively monitor content on its servers. Dedicated server content will only be reviewed upon complaints. Content that does not violate the laws of Hong Kong SAR or this AUP or the Terms of Service is deemed and shall remain unchanged. If the content is deemed to violate this AUP or the Terms of Service, it should be reviewed by LBName and the course of action should be taken to the correct issues, which may result in account termination or service termination.
If any client or any third-party user is our client's client using the LBName service, network, or its physical infrastructure, cause LBName, or any IP address published by LBName, to be "blacklisted" or "in a manner" Block", LBName reserves the right to suspend or terminate the Client's services and/or suspend or terminate access to the Services, the network, and/or its physical infrastructure. Working on behalf of the LBName service, or any service associated with a person or company that connects or re-sells to www.spamhaus.org on Spamhaus' registered list of known spam operations database shall not violate this AUP.
All IP addresses issued by LBName are the sole property of LBName. Clients do not retain ownership of any IP addresses issued by LBName. The client may not be able to transfer the IP from the LBName. Any customer who purchases more than 800 IP addresses in addition to their servers may be required to submit the APNIC Justification Form as well as submit additional terms depending on the number of IP addresses required. For more information on IP addresses, please contact [email protected].
The use of IRC shall be permitted unless such usage is abused or creates or enhances any type of service or network problem(s) related to LBName'. It is also considered a violation of this AUP if it is determined that IRC is a Cause or root cause of service interruption to other users. Clients may be unable to operate and maintain their connections to global IRC networks such as Undernet, EFnet and IRC DALNET servers. IRC plugins, scripts, use of plugins, clones or other software designed to disrupt or deny service , other users are prohibited. If a client's IRC server is frequently compromised or causes a denial of service or distributed damage or a denial of service, other client or user denial of service attack, then LBName may null route, filter, suspend or terminate that client's Serve.
LBName may be required by law to submit customer information to law enforcement officers, subject to a lawful subpoena filed by a court with jurisdiction. In such a case, the requested information is disclosed as directed by the subpoena. The security and privacy of any client will only be affected by a subpoena court order. LBName will notify the client of the information request of the allowed subpoena.
Violation of terms of service
Any claim this AUP is being submitted by a third party must contain the complaining party's name and contact information, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of the server provided by LBName, including but not limited to the client, for the client and other users of the client. LBName reserves the right, in its sole discretion, to refuse new services to any individual, group or business. LBName also reserves the right to terminate the service for any customer for any reason or no reason at any time, including but not limited to violations of this AUP.