Lavastack Terms of Service & Acceptable Use Policy. (TOS and AUP)

It is your responsibility as the user / client of Lavastack services to read and understand the terms, conditions and policies of our services. This includes the TOS, Privacy Policy, and AUP. Reviewing and understanding these terms and conditions along with the Acceptable Use Policy (AUP) will help you as the user / client understand how Lavastack services can, and cannot be used. It will outline the acceptable use of services provided by Lavastack, and give clarity to questions should you have any while using Lavastack services.

The Terms of Service / Terms and Conditions / Acceptable Use Policy / Privacy Policy (TOS, TAC, AUP, PP) are all agreements that include the rules for using Lavastack services. They are guidelines for acceptable use for services provided by Lavastack. They are agreements between you as the user / client and Lavastack. Once you purhcase and use any service by Lavastack Hosting you are agreeing to our TOS, TAC, AUP, & PP. Any voilation of any of the rules outlined in these will result in a termination of your service(s).

Privacy Policy

Lavastack.com respects the privacy of our visitors. This privacy statement gives our visitors and customers with information on how Lavastack.com protects the information supplied by each. Information Collected Upon opening the Lavastack.com website, we log items such as your IP Address, Hostname, Browser Type, and the referring page. This information is used to place together statistics for the Lavastack.com website - as well as ensuring privacy and protection. Upon completing our hosting sign up form, we collect information provided by PayPal on your order, which includes your name, address, city, state, zip code, country, ip address, order, order number and e-mail address. Credit card numbers are not transmitted beyond Paypal, and are never sent to or seen by Lavastack.com - Making sure your credit card numbers are kept secure and private. The Information collected which was stated above, is not sold, distributed, or used in ANY other way other then the purpose of use with this website for your purchased services through Lavastack.com. Disclosure of Information - All information collected by Lavastack.com is kept within Lavastack.com and will not be shared, sold, or distributed to any third parties. Lavastack.com reserves the right to provide access to this information should any legal matters arise and access is needed; in which case access will be granted to the proper authorities.


Lavastack Hosting - Detailed Privacy Policy can be viewed HERE

Terms of Service


Lavastack's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Lavastack expects of them while using the service. All users of Lavastack Internet and Website services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services - or purchase services, must comply with this AUP and our TOS (Terms of Service). Use of Lavastack Service constitutes acceptance and agreement to Lavastack's AUP as well as Lavastack's TOS (Terms of Service) We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Lavastack may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Lavastack account or other actions as detailed in Section 3, but will not do so with out proper warning. This document is intended to provide a basic understanding of Lavastack's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Lavastack's AUP and TOS:


Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users Lavastack intends to provide its customers access to everything the Internet has to offer.

While Lavastack is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Lavastack and the Internet and cannot be permitted under the guise of free speech. The resources of Lavastack and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We reserve the right to routinely monitor the activity of accounts for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our services. You may not use your Virtual Private Server or Hosting to publish material, which Lavastack determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Lavastack account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.


VIOLATIONS OF Lavastack's ACCEPTABLE USE POLICY: The following constitute violations of this AUP / TOS:


1.Illegal use: Lavastack's services may not be used for illegal purposes, or in support of illegal activities. Lavastack reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2.Harm to minors: Use of the Lavastack's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3.Threats: Use of the Lavastack's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4.Harassment: Use of the Lavastack's service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5.Fraudulent activity: Use of Lavastack's service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6.Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7.Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Lavastack's service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Lavastack account.

8.E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Lavastack account.

9.E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Lavastack service is in violation of this AUP.

10.Usenet SPAMing: Lavastack has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11.Unauthorized access: Use of Lavastack's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Lavastack.com or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Lavastack account is subject to immediate termination.

12.Copyright or trademark infringement: Use of any Lavastack service to transmit any material (direct transfer, by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13.Collection of personal data: Use of any Lavastack service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14.Network disruptions and unfriendly activity: Use of any Lavastack service for any activity which affects the ability of other people or systems to use Lavastack Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Lavastack will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15.Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

16.Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

17.Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution/Transmission and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

18.Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

19.Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Lavastack's services could result in suspension service.

20.Third Party Accountability: Lavastack subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

21.Violation of Lavastack's Virtual Accounts: It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

22.IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

23.Bitcoin or Virtual Currency mining: The use of our VPS or shared hosting services for the purpose of mining for cryptocurrency (such as bitcoins, litecoins, dogecoins, etc) are strictly prohibited.

24.You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. • Your password provides access to your account. It is your responsibility to keep your password secure. Lavastack.com is not responsible for any data loss, data manipulation, or account related problems associated with it under any circumstances. • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. • You must adopt adequate security measures to prevent or minimize unauthorized use of your account. • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. • Users who violate systems or network security may incur criminal or civil liability. Lavastack will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.


Some of Lavastack's accounts and services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension of your account. We reserve the right to amend or modify our terms of service at any given time. It is the customer's job to continuously check our terms of service for modifications.


If you are not 100% satisfied with your purchase, within 30 days from the purchase date, or within 30 days from the date of first down payment, we will fully refund the cost of your order. After 30 days from the date of purchase, or 30 days from the date of the first down payment, refund is available at the discretion of Lavastack.com. Moneyback guarantee applies to new customers only. This includes every and all services provided by Lavastack.com. If any account is suspend or canceled due to a violation of the Lavastack TOS / AUP then there will be NO REFUND given.


Last updated 1/10/2019


Further Terms of Services and Policies for Lavastack.com
Revision date: 1/10/2019

All services provided by Lavastack ("Lavastack") 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Lavastack from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Lavastack' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated Software
Hacker Programs or Archives
Warez Sites
Torrents / Torrent Sites
Pirated or Nulled Scripts
Illegal Software
Nulled or Stolen Themes or Templates of ANY Kind
Any and ALL bulk email or spam email / email marketing scripts / Spam email sending scripts

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Lavastack WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and reserve the right to bill additional for traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers. AT ALL.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Lavastack is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Lavastack must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Lavastack shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Lavastack by no later than the specified payment due date. Lavastack shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All accounts are invoiced on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction, or to manually pay the invoice using PayPal. In the event that the invoice is not paid, we will send an e-mail notification for the overdue invoice, at which point we will need to be provided with a payment method to pay the invoice within 24 hours. If we do not receive a sucessful payment within 24 hours, the account, and all accounts under that account plan, will be suspended until the invoices are paid.

Service Fees
Certain services carry a setup fee charged by Lavastack to the client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Lavastack and agrees to pay any and all fees incurred by the client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If a client has retained the services for one year and has pre-paid Lavastack for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if a client's account is cancelled at any point during the one-year term, the client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Refunds for the 30 day money back guarantee are only given if you have purchased a hosting account that has not been used more than 14 days - and have NO violations on your account. An email to Lavastack requesting account cancellation must be provided, along with a request at the same time for a refund for services.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $25.00 plus the past due balance prior to being reactivated.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a service cancellation. Any Lavastack account terminated due to a violation of the TOS or AUP will not be eligable for any refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Lavastack shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Lavastack ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Lavastack shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Lavastack ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to admin@lavastack.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation with NO REFUND.

Disclaimer
Lavastack cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Lavastack are resold. Thus, certain equipment, routing, software and programming used by Lavastack are not directly owned or written by Lavastack. Moreover, Lavastack holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Lavastack sees fit.

Account Activation
By activating your account with Lavastack, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Lavastack guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Lavastack reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 1/10/2019

Lavastack has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption - SSL). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: admin@lavastack.com

 

Acceptable Use Policy
Revision date: 1/10/2019

As a provider of web site hosting and other Internet-related services, Lavastack offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Lavastack respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Lavastack reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Lavastack has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Lavastack's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Lavastack cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Lavastack cannot monitor or censor the Internet, and will not attempt to do so, Lavastack cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Lavastack does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Lavastack's network and may reach a large number of people, including both subscribers and non-subscribers of Lavastack, subscribers' postings to the Internet may affect other subscribers and may affect Lavastack's goodwill, business, reputation or operations. For these reasons, subscribers violate Lavastack policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Lavastack, but also because it can overload Lavastack' network and disrupt service to Lavastack's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Lavastack will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Lavastack reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Lavastack choose to pursue and prosecute. Sending bulk email will result in your account being suspended - and NO REFUNDS WILL BE ISSUED.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Lavastack does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Lavastack does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Lavastack is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail admin@lavastack.com.

Obscene Speech or Materials:
Using Lavastack' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Lavastack is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Lavastack' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Bots and Automated Scripts:
Lavastack reserves the right to investigate and monitor any automated scripts or bots running on our servers. We reserve the right at our descretion to either suspend any account in violation with any of our other terms or to receive further information in regards to the purpose of the bot / script before determining wether we will allow it to be ran on our server. We do NOT allow IRC bots unless it is pre-approved by us prior to it being ran. The same applies to any and all BOTS for any other purpose.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation 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, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Lavastack reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Lavastack determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Lavastack will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Lavastack's policy or applicable law. However, when Lavastack becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Lavastack.

Lavastack is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Lavastack' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Lavastack does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Lavastack reserves the right to directly take action against a customer of its subscribers. Also, Lavastack may take action against the Lavastack's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Lavastack anticipates that subscribers who offer Internet services will cooperate with Lavastack in any corrective or preventive action that Lavastack deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Lavastack policy.

Lavastack will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Lavastack may, however, monitor its service electronically to determine that its facilities and hardware / software are operating satisfactorily. Also, Lavastack may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Lavastack assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Lavastack may disclose subscriber information or information transmitted over its network where necessary to protect Lavastack and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Lavastack will never sell information to other services or outside companies.

Lavastack expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Lavastack policy. Finally, Lavastack wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Lavastack for any violation of the Service Agreement, law or Lavastack policy resulting in loss to Lavastack or the bringing of any claim against Lavastack by any third party. This means that, if Lavastack is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Lavastack, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Lavastack and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin@lavastack.com.




Lavastack Server Security Policy
Revision date: 1/10/2019

Lavastack.com uses multiple tools on a daily basis to check and monitor our server's security. If Lavastack finds any type of: files / emails / accounts / data or Info that is infected with any type of Virus, Malware, Spyware etc... - Lavastack.com reserves the right to remove the files immediately with no notice. Such files are not allowed on any hosting accounts of any type.



Lavastack Unlimited Hosting Plans Policies
Revision date: 1/10/2019

Acceptable use of the UNLIMITED shared and Reseller Hosting plans being offered by Lavastack.com

Lavastack offers Unlimited Shared and Unlimited Reseller Plans. Both are offered for the end user to have an unlimited resource to host on. The Unlimited resources are not available for file storage, and are meant only for files that are associated with the website being hosted. Files found taking up space and not being used will be deleted at Lavastack's own discretion without notice. The Unlimited plans are for hosting purposes and not for HD backup, Large file storage, or for the purpose of storing anything other than the HTML, PHP, CSS, and Image files for the website being hosted. All accounts are monitored and files not within this category of files will be deleted and accounts will be removed. There will be NO refund given for such cases.


Lavastack Unlimited Plans Fair Usage Policy

Lavastack offers some of it's hosting packages with an Unlimited amount of resources for specific options (Disk Space, Bandwidth, Domains, Email, FTP, and other resources offered in our hosting plans). This means that Lavastack will not set a specific cap for these resources and you as the client will be able to use these resources as needed, however Lavastack does use a fair usage policy which applies to all accounts with Unlimited resources of any kind. Lavastack Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where it is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, the client account may be disabled until the issues are fixed or until the account is upgraded to a package more suitable for the client needs so the resource usage on the account stops negatively affecting other users on the same shared server. By the term Unlimited Space Lavastack means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Lavastack reserves the right to remove such files from the user account with or without notice to the client. Lavastack also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Lavastack also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on Unlimited Lavastack accounts, if there are more than 250.000 files on a single account, with or without notice to the client. Lavastack also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a larger more suitable plan where such limitation is not applied.

Lavastack will continue to upgrade servers and storage space to allow for the unlimited hosting plans to continue to be unlimited. End users and resellers are responsible for their own files / accounts - and the monitoring of resellers data as well.


*Any accounts found in violation are subject to be promptly deleted with NO notice.



Lavastack Backup Policy

Lavastack creates full backups of all accounts every day which are not bigger than 2GB in size (per account). If the account is bigger than 2GB, Lavastack reserves the right not to generate the backup automatically, however the client may generate backups from his cPanel at any time regardless of the account size. Lavastack stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not always stored. Lavastack is not liable for any loss of content or data of any kind. It is the client's sole responsibility to backup the account data and keep current backups. Lavastack offers paid backup services that can be automatically generated and emailed or stored remotely if you require a more secure backup solution. THe paid backup solution will store up to 10GB website file backups for up to 6 months at a time.

Lavastack Server Limits Policy
Revision date: 1/10/2019

The purpose of server limits is to make sure resources are not being overloaded due to server abuse. Though Lavastack.com uses CloudLinux to monitor and throttle these resources, such resources cannot be abused and in result accounts will be terminated with no warning, and without a refund.

25% CPU and or Memory (RAM) for no longer than 3 minutes continuous

Combined 10% CPU & RAM for over a 24 hour period.

100 email limit per domain per hour. No exceptions

50 concurrent database connections at one time.

Apache threads to be open no longer then 999 seconds.

Max PHP session time of 300 seconds.

*Limits are subject to change at any time.

If ANY such cases are be found the account will be terminated without any notice and no refund issued. Account is to be used for hosting only.



Lavastack Domain Name Ownership, Transfers and Renewals
Revision date: 1/2/2019

Domain Name Transfers From Lavastack.com

Domain names that have been a) provided by Lavastack.com or b) purchased by Lavastack.com for the purpose of building / creating a website for you as the buyer / client are owned in it's entirety by Lavastack.com. If you as the buyer / client wish to have the domain name transferred to you for your own personal use while still hosting with Lavastack.com there will be a one time transfer fee of $25.99. If you wish to have the domain name transferred and you will no longer be using Lavastack Hosting services, there will be a one time fee of $49.99.

Domain Name Transfers To Lavastack.com

Domain names that you wish to have pushed to Lavastack.com for the purpose of hosting / managing is free of charge and can be handled by submitting a support ticket.

Domain Name Renewals

All domain renewal invoices are sent 2 weeks prior to ending. Domain name renewals must be completed no later than 3 days BEFORE the renewal date. This allows processing time to ensure your domain name is properly renewed. If the renewal fee is not paid within this time, the domain name will go into a holding / pending deletion stage that will require a $120.00 fee to be re-obtained and activated. This fee is set by the registrar and NOT by Lavastack Hosting. The standard account reactivation fees will still apply on top of this fee. All accounts under any non-paid or non-current account are all subject to suspension or termination until invoices are all paid and brought to current at the satisfaction of Lavastack Hosting.



Lavastack Logo and Graphic Design Services

Lavastack Logo Design

Lavastack Logo Design services are to be paid up front. Basic logo services offered include 3 design "mock-ups" that the client will be allowed to view. Each one presented can be selected from by the client, which will include the final design based on the mock-up, followed by up to no more than 8 revisions. If the client does not like any of the first 3 mock-ups provided, the client can pay an additional fee to see more. Lavastack Logo Design takes time which is money, and there will be NO REFUNDS given if you choose to not select a logo or to use Lavastack's Logo Design Service. All Logo design sales provided by Lavastack are final.


Lavastack Account Transfers

cPanel Account Transfers to and from Lavastack Hosting

Lavastack will transfer up to 10 cPanel accounts from another host to Lavastack Hosting if you have signed up for a hosting plan with Lavastack. Each account after 10 will be $10 each transfer fee. There will be a fee of $25 per account transferred from Lavastack Hosting to any other cPanel hosting account away from Lavastack.


Lavastack Website Service Monthly Payment Plans
Revision date: 1/10/2019

Lavastack now offers monthly payment plans for website services and addons. Please contact us directily for more information.

Further Terms and Conditions

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Lavastack’s Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. Lavastack does not harden or enable additional server security software outside of operating system defaults.
 
The following terms constitute an agreement between you and Lavastack. These Terms of Service govern your use of the services provided by Lavastack (the “Services”).
 
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP. Please note that we offer the Services “AS IS” and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.


Lavastack Responsibilities

Lavastack agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Lavastack reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Lavastack.


Changes to Terms of Service and AUP

Lavastack Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Lavastack. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.


Unmanaged Services

For all services Lavastack provides that are unmanaged. You as the purchaser / client / user are responsible for any configuration or installation of any service / script / software you purchase from Lavastack. This includes providing your own licenses for all products, including trial licenses for any product or service you purchase from Lavastack. If Lavastack services are required for non-managed hosting accounts, hourly programming rates will apply.


Managed Services

For all services Lavastack provides that are managed / fully managed. Lavastack will provide the direct help at the usage of account time included with the managed plan billed in 15 minute intervals up to the max monthyl managed time limit. Anything past the monthly time limit will be billed an hourly programming rate.

Non-Payment/Service Interruption

Services interrupted for non-payment are subject to a reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Lavastack. All servers will be suspended after two (2) days of non-payment, and will be terminated after five (5) days of non-payment. After a server is terminated all of the data on it will be destroyed. Lavastack is not responsible for data integrity, regardless of circumstance. This includes all accounts associated with the unpaid account.


Back-Up Files

Lavastack provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Lavastack currently backs up 1 time a week BUT is not responsible for any lost data or corrupt backups and is completely done as a free service but is not in anyway a guarantee of data saved. We will attempt to help restore an accounts data incase of loss but if backup is corrupt Lavastack will not be liable. Note: accounts over 1GB in size MAY NOT be backed up.


Lavastack strongly recommends keeping up to date and off network backups to protect against data loss. Another words no keeping backups for longer then a 5 days on the server. Any longer will be considered storage and will be removed by Lavastack and will not be responsible when removed with or without notice..


Refunds/Charge-Backs

We offer a money back guarantee of 3 days for all our services. Any and all charge disputes must be reported directly to Lavastack within three (3) days of the date which the charge originally occurred. If a charge is deemed valid by Lavastack, and validated by our Terms of Service and AUP it will be refunded.

3 Day Money Back Guarantee: All Lavastack services carry a 3 Day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 3 Days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon service cancellation.

Refund Policy: Refunds are only available in accordance with the 3 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 3 Days.


VIOLATIONS OF Lavastack TOS/ACCEPTABLE USE POLICY

Could result in suspended or termination.

Examples of what Lavastack considers non-acceptable content and/or links to such:
Bulk Email/Spam related products
Free Hosting of any kind (space/access etc.)
No one price for lifetime Hosting
(We feel that lifetime hosting is a scam. Is it your life time or the companies lifetime or the OVER SOLD Servers life time)
REAL Domain names ONLY. (Names must be registered Domains)
Resource Usage
User may not:
Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
IP/PORT Scanners
Run any type of web spider or indexer on shared servers.
Run any bit torrent application, tracker, client or link to torrents off server.
VIOLATIONS OF Lavastack services will directly result in account suspension / cancellation.


Suspensions

In the event a service is suspended, it will be subject to termination three (3) days from the time of suspension. Lavastack assumes no liability for the integrity of the data stored on a suspended server.


Cancellations

Lavastack requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the
cancellation date.


Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Lavastack. All information available to Lavastack about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.


Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A Lavastack, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


Support

Lavastack provides hardware support related to each direct client’s service functioning. Lavastack does not offer software support of any kind. Lavastack does not provide software support/troubleshooting for the software items chosen from the order form. Lavastack only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Lavastack is not responsible for any downtime associated with the incorrect configuration of operating any software, wether installed by Lavastack or the client. Lavastack may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Lavastack does not provide any type of support to the clients of our clients (third party clients). Lavastack will only provide support directly to clients of Lavastack.


Spam/Bulk Email Policy

Lavastack does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If Lavastack receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. Lavastack reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, Lavastack will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of Lavastack. NO REFUNDS ARE GIVEN FOR THOSE ACCOUNTS THAT ARE IN VIOLATION OF BULK EMAIL SPAMMING.

- On the second instance of server compromise Lavastack reserves the right to terminate the client’s services.

If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide Lavastack with full logs as well as any additional information requested by Lavastack within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.


Bandwidth Usage/Overages and Fair use

Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Lavastack reserves the right to suspend any account which does not pay bandwidth overage charges promptly. Lavastack is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. You may need to provide justification for extreme bandwidth usage. Your server WILL NOT be suspended or terminated but we may ask you about the excessive usage and reserve the right, if we find it necassary, to limit your connection so as to secure other client's usage on our servers. Client assumes liability for all bandwidth to and from their services.


Storage (Disk Space)

The Disk Space is unlimited for website use only. Not unlimited for storage of files this includes but not limited to backups, zipped files, program files and so on. We may contact you and ask for proof of why your site is so large and how the files are being used. Most hosting plans have disk limits and limits will not be increased once the limit is reached. An upgrade may be offered to you as the client / user if you have reached your limit and require more disk space.


Domain Purchases From Lavastack.com

All domains purchased through Lavastack.com are non-refundable. Domains are purchased in yearly forms, and once purchased will not be refunded. Domains purchased through Lavastack.com are bound by the domain policies outlined in this TOS / AUP. All domain sales are FINAL.

Changing of Hosting Plans - Updating Plan Specifications

Lavastack is always updating servers and hosting plans. Hosting plans can be changed at the discreiton of Lavastack with no notificaiton to a client / user of Lavastack services. In most cases Lavastack will notifiy a client / user to inform them of a hosting plan that will no longer be offered or is changing though not required. Hosting plans can change and we frequently do change plans to accomodate most clients needs or to match market availability. Plans that are no longer offered will be closed at the end date set by Lavastack. Lavastack is not responsible for any lost data on any accounts once they are closed. Lavastack reserves the right to change / upgrade / downgrade plans at our discretion. If you have a question about your hosting service or an email you have received about your service changing or no longer being offered then please contact us using a support ticket or the contact form provided on our website.

Publicity

Clients consent to Lavastack public disclosure that they are providing services to the client, which may include using the clients name in promotional materials. Lavastack reserves the right to use client quotes for promotional uses.


Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.


Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.




Lavastack Acceptable Usage

You will be held responsible for all actions performed by your acounts whether it be done by you or by others! If server security is compromised, the account holder is responsible for all violation of Lavastack Terms of Service (the “TOS”) and this Acceptable Use Policy (this “AUP“) including abuse eslated issues, and all disconnects and reconnect dees associated with violations.

The following terms constitute an agreement between you and Lavastack. This AUP governs your use of the services provided by Lavastack (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.


Statement of Purpose

The Primary Purpose of Lavastack is to provide our clients with the resources necessary to put their internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs.


Regarding Ultimate Liability

The client is ultimately responsible for individual server security. Lavastack disclaims all liability for server content.


Network Misuse

All clients are permitted access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Lavastack, and an appropriate course of action shall be taken as determined by Lavastack in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.


Sabotage

Any type of sabotage, regardless of intention shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.


Private Backbone Network

Lavastack enables the use of a private backbone network, allowing clients to transfer data between servers with unrestricted limits on upload/download. This private backbone is in place to allow the upload/download of content, transmission of information between authorized clients servers, server administration, and transmission of information between servers and Lavastack servers, secure private administration of services, console access, and data retrieval.


Network Security

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.


Monitoring Policy

Lavastack does not actively monitor the content on its servers. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Lavastack, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.


Blacklisting

If any client or any third-party user that is a customer of our client uses Lavastack services, network, or its physical infrastructure in a manner that causes Lavastack, or any IP addresses issued by Lavastack to be “blacklisted” or “blocked”, Lavastack reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Lavastack service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.


IP Addresses

All IPs addresses issued by Lavastack are the sole property of Lavastack. Clients retain no ownership rights to any IP addresses issued by Lavastack. Clients may not transfer IPs from Lavastack. Any client purchasing over 2 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact support@Lavastack.com.


Law Enforcement

In the event Lavastack is required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. Lavastack will notify the client of the information request as allowed by the subpoena.


Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP to all users of servers provided by Lavastack, including without limitation the customers, clients and other users of our clients. Lavastack reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Lavastack also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.