Billing and termination

Invoices are sent by email or customer can view them in its customer's account at Lagoon Host.First month payment ( or first year payment in yearly cycles ) must be done by the customer before the commencement of the term. All other invoices must be payed by the customer within 7 days from the date of issue all invoices will be issued 7 days before the end of the last paid period.

Service interrupted for nonpayment is subject to a $70 reconnect charge. Accounts that are not payed after 40 days of the due date may be turned to any outside payment collection agency. If your account is turned over for collection, you agree to pay the company a collection fee. Any payment not payed when due will be subject to interest of 5% per month compounded monthly. We do not store your credit card information and use all trusted third party payment gateways including 2checkout for credit cards and Paypal, Moneybookers, e-gold. However we also accept payments through westron union and wire transfers, Lagoon Host will not accept in any dely of payment wire transfers should be sent atleast 5 days before the payment date for intime transection.

If you desire to cancel your account please follow the proper procedure as described in our TOS.

Term and Cancellation

The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.

Cancellation requests must be made using your online customer control panel at Lagoon Host. A phone confirmation or a written confirmation with customer signature can be done or demanded to prevent any fraud request. The request should be made alteast 72 hours before the next billing date.

Account Setup.

Lagoon Host sets a high standard in fast order completion and services implementation however in certain account types such as dedicated servers and virtual private servers orders may often require a great deal of extra time to provision. Lagoon Host make no guarantee in regards to the speed in which an order is completed. At times our billing department will go through additional fraud check and will demand necassary information from the client which can be governament issued identification and scan of the credit card used. If the customer fail to meet any requirments, the order can be cancelled without any notice. All dedicated server and VPS accounts will be setup after we have received the payment and order has been screend for fraud.

Service downgrades and upgrades.

All request for service downgrades or upgrades ( like changing from a low resources package to a high resources package or vice versa) should be submitted 72 hours before the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened. For example, if an account was opened on 5 august, this account can be modified on 5 of each month). After the request service will be upgraded at no additional cost however a downgrade will cost $20 one time fee.

SPAM and Unsolicited Commercial Email (UCE).

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. As a guideline but not subject to, we consider sending over 200 emails at once as bulk email or spam. Lagoon Host takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services.

Upon notification of an alleged violation of our SPAM policy, Lagoon Host will initiate an immediate investigation. During the investigation, Lagoon Host may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Lagoon Host may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account.

We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by JaguarPC and usually no less than $500 per incedent.

Resellers

Lagoon Host offers many reseller packages and products. Resellers can resell our services to their customers subject to all the terms of this agreement and it is their responsiblity to make their clients subject to this terms of serivce. The reseller agrees to defend, indemnify and hold harmless Lagoon Host and its directores, ceo and employees from any or all liabilities occured due to any action of the customer of the reseller including any legal fees, related to any matter of reseller customer, any violation of terms of service by the customer of the reseller, any claim by the customer of reseller arising from the use of the services provided by Lagoon Host. 

Staff & Behaviour

Lagoon Host is here to serve all your web hosting needs and give you 24/7 customer caring support however it is your responsibility to treat our staff as you would like to be treated yourself. Our staff is tolerant, caring and understanding but we too are human. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.

Complaints

Complaints of Terms of service violations must be reported to abuse @ lagoonhost.com along with complete detail of violation, the contact information of the complaint submitter and the proper website address or the account information about the violater.

Changes and rights

Lagoon Host may change these rules and regulations from time to time in its sole discretion, and the customer will comply with all other reasonable terms of service and security requirements that lagoon host may impose from time to time after 15 days prior notice to the customer.

Owner

Lagoon Host is the owner of all the equipment and hardware used by the customer and grants a license to its customers for using it. The customer has no rights on the hardware or our equipment. Physical access to the hardware by the customer is also strictly prohibited 

IP Address

Any IP address or addresses allocated to the clients by Lagoon Host must be used in a proper way as deemed by ARIN and must be utilized 80% within 30 days of its assignment. Failure to comply with this can result in revocation of your IP address by Lagoon Host. Lagoon Host will maintain and control the ownership of an IP address after 5 days notice of violation of this section to this customer. Lagoon Host also reservers the right in its sole discretion to remove or change any IP address provided to the customer by Lagoon Host. A customer can have upto 6 IP addresses for free with every purchase of our dedicated server. All ip request must be fully justified before their issue.

Server Management Services.

Lagoon Host will provide server management services at the request of client with our described rates. The customer agrees to pay our defined rates according to its availed service or server administration task. 

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 immediatly removed from our network without notice. The server will not be reconnected with our network untill you agree and asure us the removal of all traces of the IRC server. You will also then bound to provide us access to your server to confirm the removal of all IRC traces. Any violation in this will result in immediate account termination 

Adult Content

Legal adult content must be published in accordance of any applicable law or regulation. Lagoon Host reserves the right to suspend any account publishing offending content. 

System and Network Security

Customer is prohibited from using Lagoon Host services to compromise the security or tamper with system resources or accounts on the comuter at Lagoon host or at any third party site.

Specific activities that are prohibited but are not limited to are given below.

1. Threatening harm to persons or property or otherwise harassing behavior.
2. Use or distribution of tools designed for compromising security.
3. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
4. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
5. Deliberate attempts to overload a system and broadcast attacks.
6. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
7. Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Web Hosting Resources and Terms of Use.

Lagoon Host is offering industry leading shared web hosting services.Lagoon Host offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts , Our intention is to provide ample resources for our customer convenience so that a customer need not to worry about exceeding limits.

It is acknowledged by all the users of Lagoon Host that these resources are dedicated towards web documents and self-need email/FTP services and is not be used as offsite storage area for electronic files, or as provisioning service for third party email or FTP hosts.All downloadable files on our shared hosting servers must be available for download via a HTML document stored on the internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index.Our servers should not be use to backup your computer or another source.Web space is not to be used as an image, sound, or file library, repository, or any other backup or storage solution.They may not be used for HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes. They may not be used to provide proxy servers.Websites purely related to hacking or cracking are not allowed however security websites are allowed. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Lagoon Host servers. Individual websites may not consume excessive resources at any time as this can affect other users on the shared system. Excessive resource use is defined as, but not limited to, use of more than 10% of a system resource for longer than 60 seconds. If a customer account is found to be using excessive resources on a shared system, or causes a system to operate in a non-optimal manner, the customer will be contacted to resolve the problem. If Lagoon Host is unable to contact a customer regarding a resources related issue, we may, at our discretion, suspend or cancel the customer account.

Free hosting is not permitted with unlimited packages, if you intend to offer free domain-based hosting, please choose one of our metered packages. With unlimited packages free hosting is only permitted within reason when the user has their own domain. Sub-domain hosting is only permitted within reason, and your clients are expected to have their own domain. Our servers are intended to host websites offering products and a service, if you are giving away free hosting space that is compromising our business customers, we reserve the right to request that you switch to a metered package.

Gaming mostly requires intensive server resources that is why they are not allowed on our shared hosting servers, however you can buy our dedicated servers which are specially optimized for gaming environment and high resource usage.

Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material is prohibited

Lagoon Host strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

Adult Content.

Adult commercial sites are permitted including: lingerie sales, adult toy e-commerce sites, Viagra sales, adult health and sexuality, and similar if all models are over 18. Pornographic media is not permitted and any other ponographic download file on our download servers is also strictly prohibited.

Data Back-Up.

Althought regular back-ups will be performed by Lagoon Host of our every customer account but Lagoon Host will not be held responsible for any data loss and also we do not make backups of databases which updates daily such as forums,blogs etc. So its highly recommended that you keep a local copy of your web site and also keep your database backed up , to learn how to do it please refer our help page

Password Protected Directories.

Lagoon Host provides ability to password protect your directories but using our this feature in an illegal way or to conduct illegal activities is strictly prohibited. Sites that use password protected directories where their use is not clear or suspicious are subject to suspension while we investigate the legality of the hidden content. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Customers Acknowledgement.

Customers acknowledges that the service provided by lagoon host is of a nature that the service can be interrupted because of many reasons other than the negligence of lagoon host and that damages resulting from any interuption of service are impossible to ascertain.There fore, subscriber agrees that Lagoon Host shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Lagoon Host.In no event shall Lagoon Host be liable for any special or consequential damages,loss or injury.

Suspension of service.

Lagoon Host reserves the right to suspend network access to any subscriber if in the judgment of Lagoon Host, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Lagoon Host seems necessary.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

Miscellaneous Provisions.

Subscriber must provide Lagoon Host real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

Lagoon Host takes no responsibility for any material placed on its network by others. Lagoon Host is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Lagoon Host disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Lagoon Host subscribers are not permitted to run IRC servers on any of our web hosting package.