Our Services Agreement
Terms and Conditions
This policy represents the Local Knowledge Us, LLC (“Local Knowledge) Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Local Knowledge customers agree to when they sign-up for any of the Local Knowledge website hosting services. Local Knowledge reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Local Knowledge agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Local Knowledge. Local Knowledge retains the sole discretion to make judgment regarding any violation by any Local Knowledge customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Local Knowledge maintaining one or more accounts (each "Account"), you, as the Local Knowledge customer, agree to the following terms of service.
· "We" "Us" or "Provider" or "Local Knowledge" - Local Knowledge Us, LLC
· "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
LOCAL KNOWLEDGE MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Local Knowledge nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Local Knowledge, even if Local Knowledge has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL LOCAL KNOWLEDGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Local Knowledge. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Local Knowledge. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Local Knowledge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL Local Knowledge's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Local Knowledge FOR THE SERVICES DURING THE PRIOR TWELVE (1) MONTH. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOCAL KNOWLEDGE's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Local Knowledge and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Local Knowledge's servers. Such liabilities may include, but are not limited to those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Local Knowledge's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Local Knowledge’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of South Carolina without regard to any choice of law provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of South Carolina in Richland County. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Local Knowledge
Local Knowledge will provide website hosting and other Internet services ("the Service") to its customers for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Local Knowledge members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Local Knowledge members will use the provided services in a manner consistent with any and all applicable laws. Local Knowledge provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Local Knowledge reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Local Knowledge can terminate client's account without notification.
Local Knowledge provides website hosting support to our clients. By accepting your client contract agreement with Local Knowledge you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise any other customer of Local Knowledge and any employee or contractor of Local Knowledge.
Local Knowledge will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Local Knowledge or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Local Knowledge or any third party. Customers may not run IRC, bots or clients. Clients may not use Local Knowledge servers for file storage unrelated to the client's website, storage Space is for active website file pages only. Local Knowledge's shared hosting account holders may not act as a reseller (without written consent from Local Knowledge), which means that clients may not host any websites in their add-on domains that are not domains owned by the client on record at Local Knowledge. You will need to opt-in for our reseller hosting service. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Local Knowledge will be the sole and final arbiter as to what constitutes a violation of this policy. Local Knowledge does not normally monitor the contents of clients servers, however if suspicion occurs, Local Knowledge reserves the right to investigate and terminate the clients subscription to the service.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes, etc.) utilization. Local Knowledge offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Local Knowledge control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" at the sole discretion of Local Knowledge. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Local Knowledge will make every reasonable effort to notify customer prior to suspension, however, Local Knowledge may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Local Knowledge will be the sole and final arbitrator as to what constitutes as a violation of this policy.
UCE/UBE or "Spam" originating from a server located on our network or associated with a Local Knowledge server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Local Knowledge network but is sent from an e-mail address not associated with that Local Knowledge account. Client shall not use their Local Knowledge services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Local Knowledge reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Full payment via credit card is required in advance before hosting service is established. Local Knowledge will maintain your credit card information on file, and charge monthly hosting fees on or about the first of each month on the credit card on file.
Local Knowledge may change its prices from time to time. Local Knowledge may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account's billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by Local Knowledge through your account or other methods of communication and notices sent or posted by Local Knowledge.
A reinstatement fee of $150 applies to any Internet domain allowed to expire via late/non-payment, plus any fees levied by registrar.
It is the obligation of the Local Knowledge customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Local Knowledge cancellation form 30 business days prior to their account's renewal date to ensure that the billing department can stop any renewal charges. It is the customer's responsibility to ensure that Local Knowledge has a valid email address for which notices can be sent to Local Knowledge’s clients. If Local Knowledge does not receive a cancellation request prior to the customer's renewal, Local Knowledge will renew the clients' account prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Local Knowledge to place your account on a suspended status, charges will continue to be incurred on a suspended status.
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Cancellation & Refunds
All cancellations must be delivered in writing to firstname.lastname@example.org. Website files are the responsibility of the customer and should a customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up and downloaded files and any emails from the Local Knowledge's servers prior to requesting that Local Knowledge cancels the account. Once the cancellation request has been submitted to Local Knowledge a cancellation of the website hosting service may occur any time after the request is received by Local Knowledge and when a cancellation request is completed the client's hosting account with Local Knowledge and the web files are permanently removed from Local Knowledge's servers. Therefore it is the client's obligation to ensure that they have downloaded their files and any emails from the servers prior to their cancellation request.