Privacy Policy  •  TOS 
Lithium Hosting

Terms of Service

This Agreement (the "Agreement") comprises the terms and conditions ("the Conditions") that govern the provision of the Services, as defined below, to the clients (the "Client) of Lithium Hosting, an Iowa business whose registered address is P.O. Box 3702, Des Moines, Iowa 50323-3702.

The Conditions, as defined below, explain Lithium Hosting's responsibilities to the Clients and the Client's responsibilities to Lithium Hosting and to other users of the internet. The Conditions in particular outlines what Lithium Hosting considers to be unacceptable use of the internet by its Clients and is necessary in order to enable the Company to take appropriate steps against abusers of the internet.

Definitions:

Account Ownership
Clients are to possess full control of the account until such time as they cancel or otherwise not comply with the Conditions.

Acceptance Email
Lithium Hosting is not obligated to accept any client until such time as Lithium Hosting transmits an acceptance email acknowledging service.

Additional Services
Lithium Hosting provides additional services such as the "Extended Services” or any other service at the sole discretion of Lithium Hosting and Lithium Hosting is not obligated in anyway to accept or otherwise render additional services.

Agreement
The agreement does not commence until both parties have exchanged information pertaining to billing data, contact data, and Lithium Hosting has accepted the client with an acceptance email.

Agreement Date
The agreement date is set when the acceptance email has been issued to the client by Lithium Hosting.

Client
Clients are defined as an individual real person or entity or company whose information is provided to Lithium Hosting in the order process.

Backup Data
Unless Lithium Hosting has expressly in writing agreed to the contrary, clients are solely and entirely responsible for their data. In NO way can Lithium Hosting be held responsible for management and backup of client data, updates, upgrades, and any form of patches to any software that the Client uses in connection with the services provided by the Company.

Fees
The client agrees to pay all Fees relating to services provided by the Company which are indicated in the order process which is carried out at http://www.lithiumhosting.com

Network Transfer
The network transfer is indicated in the client control panel (cPanel) on a graphical or textual basis. Lithium Hosting cannot be held accountable for the accuracy of this as this is only a computerized estimate on the amount of network transfer. Clients agree to pay any overages that they may have utilized in the parameter of a month.

Service
Lithium Hosting's services include, but are not limited to:


Term.
The duration of time chosen by the client when the client signs up for services at www.lithiumhosting.com website. A more detailed duration timeline can be found on the Billing Policy.

Upgrades.
This means an upgrade to Services by making available to the client additional website storage and Data Transfer limits to meet the predefined packages offered by Lithium Hosting. This upgrade contain Fees which are associated with upgrades and can be found on the Billing Policy.

Space Limit.
The space limit is associated with the amount of space that was initially chosen by the client for services started on the Agreement Date.

Constitution of Contract
For the avoidance of doubt, the terms of this Agreement are not binding on Lithium Hosting unless and until Lithium Hosting sends confirmation of it's acceptance to the Client in the form of the Acceptance Email.

Lithium Hosting may change the Conditions at the sole discretion of the Company. In such an event, reasonable notification will be given by the Company by providing a revision date on the newly posted Conditions on Lithium Hosting's Web Site. It is the responsibility of the Client to regularly check for any such updates. Following such notification, if the Client does not wish to accept such changes, the Client may terminate the Agreement at any point within twenty-four hours of notification of the change by providing written notice of termination to Lithium Hosting. If the Client continues to use the Services more than twenty-four hours following any changes having taken effect, such use of the Services will be deemed to constitute acceptance of any changes and the Client will be bound by any new terms for the remainder of the Term.

Lithium Hosting and Client agree that Lithium Hosting is solely acting as a common carrier in its capacity of providing Services hereunder, is not a publisher of any material or information, and has no right to edit or censor the material at the server level in use by the Client. The Company is not responsible nor pre-approves any of the Client’s web site content. All material submitted by Client for publication will be considered publicly accessible. Lithium Hosting’s publication of material submitted by Client does not create any express or implied approval by Lithium Hosting of such material, nor does it indicate that such material complies with the terms of this Agreement.

Lithium Hosting cannot and does not take any responsibility for the security of information transmitted over Lithium Hosting's facilities. Additional details on privacy and Lithium Hosting's use of Client information can be found in Lithium Hosting's Privacy Statement located at: http://www.lithiumhosting.com/legal/privacy.html

Client Liabilities.
The Client represents that it has the power and authority to enter into the Agreement and that in using the Services it will comply with this Agreement, any applicable legislation or license and, in particular, applicable data protection legislation.

The Client is responsible in all respects for the content of the client Web Site and hereby asserts that the pages displayed on the Client web site do not and will not violate any applicable law or the trademark, copyright, or other intellectual property rights of any third party, and that it shall at all times comply with the Conditions, the provisions of which are hereby incorporated into the agreement as if the same were set out in these conditions.

The Client is responsible for keeping all identification details, password details and other confidential information relating to the Services safe and secure and will notify Lithium Hosting immediately of any unauthorized use of the services or any breach of security, loss, theft or disclosure of and identification details, password details or confidential information.

The Client shall obtain and be responsible for obtaining and complying with all necessary permissions or consents in respect of any works that it includes on the pages of the Client web site. In addition, the Client warrants to Lithium Hosting that by using the services and by hosting the Client web site, neither the Client nor Lithium Hosting respectively will be infringing any third party intellectual property rights.

When submitting an order, the Client shall provide Lithium Hosting with current contact information including and not limited to the full name, street address, email address, and telephone number where the service will be received. The Client must keep Lithium Hosting advised of any other relevant contact details (including email addresses) which may be necessary in order that Lithium Hosting can easily notify the Client of information concerning the Services.

Other than where, as part of the Services, Lithium Hosting has agreed to provide Back-up Services, the Client is responsible for back-up of its own files. The Client shall be responsible for maintaining their data and will not hold Lithium Hosting accountable for any data loss.

Lithium Hosting SERVERS MAY BE USED FOR LAWFUL PURPOSES ONLY. THE CLIENT UNDERTAKES AND WARRANTS TO Lithium Hosting THAT IT WILL ONLY USE THE ASSIGNED WEB SPACE FOR LAWFUL PURPOSES. TRANSMISSION, STORAGE, OR DISTRIBUTION OF ANY INFORMATION, DATA, OR MATERIAL IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR THAT MAY DIRECTLY FACILITATE THE VIOLATION OF ANY PARTICULAR LAW OR REGULATION IS PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO: COPYRIGHTED MATERIAL; TRADEMARKS; TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS USED WITHOUT PROPER AUTHORIZATION; MATERIAL THAT IS OBSCENE, DEFAMATORY, CONSTITUTES AN ILLEGAL THREAT, OR VIOLATES EXPORT CONTROL LAWS. ADDITIONALLY, IN PURCHASING Lithium Hosting'S SERVICES, ALL Lithium Hosting'S CLIENTS CERTIFY THAT THEY AND/OR THE ORGANIZATION THEY REPRESENT IN PROCURING SERVICES FROM Lithium Hosting ARE NOT, NOR HAVE BEEN DESIGNATED, A SUSPECTED TERRORIST AS DEFINED IN EXECUTIVE ORDER 13224; ARE NOT OWNED OR CONTROLLED BY A 'SUSPECTED TERRORIST' AS DEFINED IN EXECUTIVE ORDER 13224; AND ARE NOT ON, ARE NOT A MEMBER OF, RELATED TO, ASSOCIATED WITH, OR CONTROLLED BY ANY ORGANIZATIONS ON THE LIST CONTAINED IN THE ANNEX TO EXECUTIVE ORDER 13224 AND ALL UPDATES THERETO.

Spamming.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Lithium Hosting's clients. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on Lithium Hosting's server(s), and selling or distributing software (on a web site residing on Lithium Hosting's server(s)) that facilitates spamming. Violators will face an immediate $150.00 penalty and a service suspension. Lithium Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: 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; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a news group posting.

Chat Protocols
Clients may not install any type of chat protocols, including but not limited to IRC, AIM, MSN or any other means of Instant Messaging services, on Lithium Hosting's Shared-Server services. It is the sole responsibility of the client to honor this policy.

Service Platforms
Unless specifically indicated Lithium Hosting will not be held accountable for the upkeep of Virtual-Private Servers (VPS) and Dedicated Servers, unless the client has agreed.

If a client turns his functioning VPS into an un-functioning VPS by installing or modifying the VPS from its original state (how it was first provided) the client will be responsible for the upkeep and functionality of the VPS. If the client is unable to resolve the issue himself he may contact Lithium Hosting for basic troubleshooting assistance. If the VPS is deemed unfixable by the client and the company, the VPS can be rebuilt (back to its original state, like when it was first issued) for a set fee of $20.00 by Lithium Hosting.

Viruses
Use of Lithium Hosting's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Lithium Hosting's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

DMCA
All Lithium Hosting's Clients are subject to the requirements of the Digital Millennium Copyright Act (“DMCA”). The DMCA sets forth the law regarding the use of copyrighted materials on the Internet. Individuals or entities submitting notifications of copyright infringement by the Company's Client (per the DMCA) to Lithium Hosting must follow the below procedures. Copyright infringement notifications submitted to the Company according to these procedures will be processed within 21 days of receipt. Clients who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at the Company's sole discretion.

DMCA Copyright Infringement Notification Requirements:


Company's Rights and Obligations
Lithium Hosting shall use reasonable endeavors to perform the services and shall, as soon as reasonably practicable following receipt of an Order, provide the Client with a user identification, password for the web space and web site support toll-free and tolled number. Lithium Hosting accepts no liability in respect of any loss incurred as a result of disclosure of the Clients' password.

Lithium Hosting gives no warranty that access to its Server(s) and the Client’s web site shall be uninterrupted or error-free. For the avoidance of doubt, any standards relating to the availability of the Services contained in the standards of service are targets. While the Company shall use reasonable endeavors to achieve the targets, any failure by Lithium Hosting to achieve the targets shall not constitute a breach of contract. Lithium Hosting accepts no liability for any loss whatsoever suffered by the Client, in the event that the services are interrupted, are not error free or if Lithium Hosting fails to achieve any targets as setout in the standards of service.

During the term of the agreement, Lithium Hosting shall make available to the Client the web statistics. Lithium Hosting shall use reasonable endeavors to ensure that the web statistics are accurate but the Company accepts no liability for any loss whatsoever, suffered by the Client, as a result of its reliance on the content of the web statistics.

By submitting an order the Client provides Lithium Hosting with certain personal information or data. It is the responsibility of the Client to keep the personal data provided to Lithium Hosting up to date. Lithium Hosting will comply with all applicable data protection legislation. Any personal data will not be passed to third parties without the prior consent of the Client other than as set out below. If the Client breaches the Agreement or otherwise jeopardizes or compromises the integrity of Lithium Hosting's network, Lithium Hosting may take whatever steps it considers appropriate, to investigate and resolve any such matter. Without limitation, the Client authorizes Lithium Hosting to use the Client's personal data and other information relating to the use of the Services in connection with any such investigation, including by disclosing it to any third party which has a legitimate interest in any such investigation or outcome.

The Client may be subject to a standard credit check. The information that the Client provides may be disclosed to a licensed credit reference agency which will retain a record of the search, and the Client authorizes Lithium Hosting to make such disclosures.

Content
All services provided by Lithium Hosting may only be used for lawful purposes. The laws of the State of Iowa and the United States of America apply.

The customer agrees to indemnify and hold harmless Lithium Hosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@lithiumhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

Examples of unacceptable material on all Virtual Dedicated servers include:

Lithium Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Lithium Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Lithium Hosting system(s) constitutes consent to monitoring for these purposes.

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

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

If in doubt regarding the acceptability of your site or service, please contact us at abuse@lithiumhosting.com and we will be happy to assist you.

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

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

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

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

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Transfer & Data Limits.
When submitting an order, the Client will select the type of services which it requires and in particular the Client will specify, from the available options, the level of Web Space sought. Depending on the type of Services selected and in line with the amount of web space required the Client will also be subject to an appropriate web space limit, data Transfer Limit and in certain circumstances a database capacity limit ("the limits"). In the event that the Client, during the term, exceeds its allocated limits, Lithium Hosting will be entitled to do the following:-

Where the Client is exceeding any one of the limits Lithium Hosting shall inform the Client of this by email ("Initial Email"). The Initial Email shall request that the Client rectify the situation by either complying with the Limits or by requesting an upgrade within a period of 7 (seven) days from the date of the Initial Email. In the event that the Client fails to request an upgrade and continues to exceed any one of the limits at the end of the 7 day period, Lithium Hosting may automatically apply an upgrade to the Client's Services at Lithium Hosting. Such upgrade will occur no sooner than 7 days following the date of the Initial Email. Once an upgrade has been effected the Client will be liable to pay any additional Fees to Lithium Hosting as applicable as stated in the billing policy.

Where the Client is exceeding either the web space limit or the database capacity limit, Lithium Hosting shall be entitled to limit the account. The Client will be notified of such limitations by email. Following such limitation, the Client shall contact Lithium Hosting to advise whether it wishes to request an upgrade or remedy the situation by complying with either the web Space Limit or Database Capacity limit. During any such period of limit and for the remainder of the term, the Client will be liable to pay to Lithium Hosting all Fees due.

The Client understands and agrees that allotted bandwidth applies only towards website content. Website content defined as; php, html and other reasonable sized content.

Lithium Hosting strongly prohibits storage of content that is not "web" related. Excessive usage of hosting accounts for purposes such as; Anime, Manga, Movies, MP3, Torrents and/or File Downloads, will result in account suspension or termination.

The client may not use the companies shared hosting accounts for upload sites. Upload sites cause stress on the servers, which can result in issues (such as service failure(s)) for other clients. If a client seeks an upload site (such as imageshack.com), then client will need to use a Dedicated Server or a similar type of service, where he / she is isolated from other clients on the server.

Resource Usage
User may not: INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee
The 30 day Money Back Guarantee only applies to new customers and new shared hosting accounts. Refunds will not be given for VDS Plans or reseller plans -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Refunds are only available for Paypal and Credit Card payments. Refunds will not be issued for invoices paid from a credit balance.

Service Uptime
Lithium Hosting's target uptime for the Service is 99.9% of the time in every calendar month and Lithium Hosting provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If Lithium Hosting fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of Lithium Hosting customers are affected. Such credits may be deducted from amounts otherwise payable by you to Lithium Hosting hereunder. In the event there is a dispute regarding credits, Lithium Hosting reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with Lithium Hosting.

  1. "99.7% Critical Services Uptime Guarantee" means that Lithium Hosting guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month).
  2. "Critical Services" means the email services, web hosting services, DNS services, and the Lithium Hosting network.
  3. "Down Time" means periods of time that the Critical Services are not functional and available to Lithium Hosting customers and does not include any period of time during which services are not functional or available as a result of:
    1. maintenance, scheduled or otherwise, performed by uplinkearth;
    2. third party intrusions, including without limitation denial of service or similar attacks;
    3. downtime resulting from misuse by End-Users (as defined in the Terms of Use)
    4. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or any event that is not within Lithium Hosting's control.

Credit Table

Availability % Monthly Service Credit
99.40 - 99.70 10%
99.00 - 99.40 20%
98.00 - 99.00 30%
97.00 - 98.00 40%
96.00 - 97.00 50%
95.00 - 96.00 60%

Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Lithium Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Lithium Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Financial Provisions
The Client shall pay to Lithium Hosting the Fees on either monthly (1 month) or annual (12 months) basis, using one of the methods as specified in the order form and in the billing policy. Payment will be due on the date as specified on the invoice or in the case of payment by credit card or direct debit, such date as advised to the Client by Lithium Hosting ("Anniversary Date").

All charges of Lithium Hosting are exclusive of any taxes, for which the Client shall be additionally liable at the applicable rate from time to time. If any federal, state or local governmental entity with taxing authority over the services provided under this agreement imposes a tax directly on the services provided by provider to Client under this agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.

If payment is not made on the Anniversary Date, Lithium Hosting shall be entitled, without limiting any other rights it may have, to charge a $10.00 late fee to the outstanding amount. Lithium Hosting shall also be entitled to recover all of its costs of collection including, but not limited to, attorneys Fees. Lithium Hosting shall be entitled to review the Fees, from time to time, and shall notify the Client of any increase in the Fees. Following such notification, the Client shall be entitled, within 7 days of such notification, to terminate the Agreement with immediate effect. Any use of the Services by the Client following such notification will deemed to be acceptance of the new Fees and will act as a waiver of the Client's right to terminate.

In the event that any additional / Extended Services are provided to the Client, the Client shall be obliged to pay any increased Fees which shall be applied from the date that such Extended / Additional services are provided.

Domain Names
Where the service includes registration of one or more domain names, the Client agrees to be subject to Lithium Hosting's Domain Names Registration Service Conditions of Use. Throughout the course of Service rendered to Client by Lithium Hosting, Client will remain the full owner and controlling entity for the Client's established domain name. Registration and modification of domain name status, including name server location, is handled by independent domain name registrars. The Company reserves the right to amend and/or update the Domain Names Registration Service Conditions of Use from time to time. A copy of the current version of the Domain Names Registration Service Conditions of use is available on Lithium Hosting's web site.

Where the service includes the web commerce service, the Client agrees to be subject to Lithium Hosting's web commerce service terms and conditions. Lithium Hosting reserves the right to amend and/or update the Web Commerce Service Terms and Conditions from time to time. A copy of the current version of the web commerce service terms and conditions is available on Lithium Hosting's web site.

Company's Remedies
In the event that the Client's web site is in breach of the Conditions or Lithium Hosting for whatever reason decides it is necessary or in its best interests to do so (including if the Client is in breach of its obligations or fails to pay the Fees) Lithium Hosting shall be entitled to:

suspend or bar access to the Client's web site until any breach is remedied or the Clients pays any outstanding Fees or for such reasonable period as Lithium Hosting considers fit; and remove all or any part of the Client's Web Site from Lithium Hosting's server and/or delete all or any data, files or other information that is stored on the Server on which the Client's web site is stored.

During the term of the agreement, Lithium Hosting reserves the right (in its sole discretion and without prior notice) to suspend use by the Clients of any component part of the service which may be having a detrimental effect on the Services or/and on the network as a whole or adversely affect other Lithium Hosting’s Clients.

Indemnification
Lithium Hosting does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to Lithium Hosting.

Lithium Hosting SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM ANY EXERCISE OF Lithium Hosting'S RIGHTS OR REMEDIES UNDER THE AGREEMENT INCLUDING WITHOUT LIMITATION:- (1) THE SUSPENSION OF ACCESS TO THE CLIENT'S WEBSITE (2) THE DELETION, CORRUPTION, LOSS OR REMOVAL OF DATA, FILES OR MATERIAL STORED ON THE CLIENT'S WEBSITE (3) THE REMOVAL OF THE CLIENT'S WEB SITE FROM THE SERVER; (4) ANY ACTIONS TAKEN BY Lithium Hosting ON INSTRUCTIONS SUPPLIED BY THE CLIENT WHICH ARE INCOMPLETE, INCORRECT, INACCURATE, ILLEGIBLE, OUT OF SEQUENCE OR IN THE WRONG FORM, OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL; OR (5) ANY OTHER FAULT OF THE CLIENT (6) LOSS OR DESTRUCTION OF DATA FROM THE USE OF EMAIL AS PART OF THE SERVICES.

Lithium Hosting’s clients agree to protect, defend, hold harmless, and indemnify Lithium Hosting, any third party entity related to Lithium Hosting (including, without limitation, third party vendors), and Lithium Hosting’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Lithium Hosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal Fees and expenses, arising out of or resulting in any from the client's use of Lithium Hosting’s services.

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Lithium Hosting (including, without limitation, Lithium Hosting’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as Lithium Hosting affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing Lithium Hosting’s services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or Lithium Hosting services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any of Lithium Hosting’s services even if Lithium Hosting has been advised of the possibility of such damages. The Company’s total cumulative liability, if any, to client, or any third party, for any and all damages, related to the Conditions, the Company’s services, including, without limitation, those from any negligence, any act or omission by Lithium Hosting or Lithium Hosting’s representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the Client for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination
The Agreement shall continue in force for the Term provided that the Client shall be entitled to terminate the agreement at any time after the minimum period of which they have signed up for by giving to the Company not less than 7 days written notice of termination, using the cancellation form inside of Client's billing area.

Either party shall be entitled forthwith to terminate this Agreement by written notice to the other if :-

That other party commits any breach of any of the provisions of the agreement and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied; or an encumbrance takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business or anything analogous to the foregoing under the law of any applicable jurisdiction occurs in relation to that other party.

Upon termination of the agreement for whatever reason, Lithium Hosting shall delete all of the Client’s data from its Server without any liability whatsoever.

Termination of the Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination.

Upon termination of the agreement for whatever reason all due or outstanding Fees and expenses owed by the Client to Lithium Hosting shall forthwith become due and payable, unless otherwise indicated in the Billing Policy.

The client understands that if he / she have purchased a domain via the company, and are canceling the account prior to the completion of one (1) year of service. That Lithium Hosting has the right to charge the customer; $15.00 for the domain name, and refund the residual funds in the account.

The client understands that if he / she has requested a "Transfer Request" where files are moved for the customer by Lithium Hosting that Lithium Hosting will charge $40.00 for the transfer of files if the client decides to terminate before the end of their anniversary date.

The client understands that violation of any provision of this TOS (Terms of Service) agreement will waive the refund policy and possible future service.

Resource Usage Limits
The Client must not:

Miscellaneous
This agreement constitutes the entire agreement between the parties as to the subject matter of the agreement and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.

Lithium Hosting shall not be liable to the Client for any loss arising from or in connection with any representations or undertakings made prior to the Agreement Date, unless fraudulent.

If any provision of the agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of the agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

The Client shall not be entitled to sell, lease, sub-license, assign or transfer the Agreement nor all or any of its rights and obligations hereunder without the prior written consent of Lithium Hosting.

Lithium Hosting reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the client's consent.

The waiver by either party of a breach or default of any of the provisions of the Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

In the event of there being a conflict between the terms of these Conditions and the terms of a separate Web Hosting Agreement entered into by Lithium Hosting and the Client the separate Web Hosting Agreement shall take precedence. Where an order has been submitted online, in the event of a conflict between the terms of the acceptance email and the terms of the Order Form, the Order Form shall take precedence.

Nothing in this agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Lithium Hosting and its Clients. Each of Lithium Hosting and its Clients will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Lithium Hosting will not be liable for delays in its performance of the Agreement or Lithium Hosting services caused by circumstances beyond the Company’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Lithium Hosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Clients for the payment of money due.

Any waiver, modification, or amendment of any provision of the Conditions or other agreement for the companies services, initiated by a Client, will be effective only if accepted in writing and signed by an authorized representative of Lithium Hosting.

The client understands that account downgrades are charged at $10 per downgrade. This $10 fee is non-refundable and is paid as an account administration fee.

The client who has purchased Reseller hosting is responsible for support their customers. Lithium Hosting does not provide support to our Reseller’s Customers. If Reseller’s customers contact Lithium Hosting, the company reserves the right to place the client account on hold until the reseller can assume their responsibility for the customer. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Lithium Hosting will hold any reseller responsible for any of the customer’s actions that violate the terms of service or law.

The client understands that Lithium Hosting will not be responsible for moving existing reseller’s customer accounts from other providers to Lithium Hosting. If a reseller needs this service Lithium Hosting can provide it at an additional fee, for more information please contact the support department.

Notice
All communications with respect to the agreement shall be in English and in the case of a notice addressed to Lithium Hosting, shall be delivered by hand or sent by first-class post to Lithium Hosting at its registered office address. In the case of a notice addressed to the Client, it shall be delivered to such address as provided to the Company by the Client by first class post, by facsimile transmission or sent by electronic mail. Communications shall be deemed to have been received within two business days (if sent by first-class mail) and on the day on which a facsimile transmission or electronic mail is sent or on the date of service in respect of a notice delivered by hand.

Order Process
The Client understands that company will collect information relevant to the hosting purchase. The client also understands that Lithium Hosting will fraud screen every order to ensure it is a valid hosting purchase. Lithium Hosting will be the sole arbitrator that decides if order is accepted or not. During the checkout process the client understands that Lithium Hosting has the right to record the clients IP address and any other vital information that is needed to ensure a successful order is placed.

Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Lithium Hosting and the Client hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Florida. Venue for any legal proceedings hereunder shall be in the court of jurisdiction in either the County of Hillsborough, Florida. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the Agreement