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<h1>Terms of Service (TOS)</h1>
<div id="legal"></div>
</div>
<div class="flex-row">
<div class="flex-column">
<h2>LastHourHosting.org - Terms of Service</h2>
<h3>1. Introduction</h3>
<p>
Welcome to LastHourHosting.org. These Terms of Service ("ToS")
constitute a legally binding agreement between LastHourHosting.org
and its affiliated entities ("we" or "us") and individuals referred
to as "you" ("Customer," "your," or "User"). These ToS delineate the
terms and conditions governing the utilization of our services,
accessible via our platform and website(s) (primary web address:
www.lasthourhosting.org), along with all interconnected digital
platforms and online assets (connected through LastHourHosting.org
or associated organizations). This includes any downloadable or
usable software, encompassing mobile applications, collectively
identified as our "Apps." This inclusive description encompasses all
digital assets, software, mobile applications, collectively
identified as the "Site." Furthermore, these ToS extend to regulate
your utilization of all text, data, information, software, graphics,
proprietary content, and related resources (jointly designated as
"Materials") that we and/or our affiliates may offer, as well as any
services rendered through this Site. Collectively, these encompass
the "Services."
</p>
<h2>2. Acceptance of Terms</h2>
<p>
By making use of the Services, you agree to abide by and be legally
bound by these Terms. Should you disagree with any aspect of these
terms, please refrain from accessing or using the Services
</p>
<h2>3. Privacy</h2>
<p>
Your usage of the Services is also subject to our Privacy Policy.
Additionally, if you are a California resident, please consult our
California Privacy Notice, and if you reside within the European
Economic Area (EEA), refer to our GDPR Privacy Notice.
</p>
<h2>4. Payments, Subscriptions, and Cancellations</h2>
<p>
You are responsible for fulfilling any financial obligations
outlined in your chosen hosting plan. In the case of recurring
charges, you consent to the storage of your payment information by
third parties acting on our behalf to facilitate agreed-upon
payments. Supplementary charges and applicable taxes may be incurred
with your purchases. Consult our Cancellations section for pertinent
details. It's important to note that LastHourHosting.org does not
guarantee refunds.
</p>
<h2>5. Binding Arbitration and Dispute Resolution</h2>
<p>
Under these Terms, disputes will be resolved individually through
binding arbitration for residents of the United States, with no
provision for class-based remedies.
</p>
<h2>6. Acceptable Use Policy</h2>
<p>
You warrant that you will use the Services in compliance with our
Acceptable Use Policy.
</p>
<h2>7. Anti-Spam Policy</h2>
<p>
You warrant that you will use the Services in compliance with our
Anti-Spam Policy.
</p>
<h2>8. Copyright Policy</h2>
<p>
The Services offered by LastHourHosting.org prohibit activities that
infringe upon copyrights or intellectual property rights. Review our
Copyright Policy in accordance with the Digital Millennium Copyright
Act ("DMCA") for procedures related to copyright infringement
notifications.
</p>
<h2>9. User-Generated Content</h2>
<p>
You bear responsibility and legal liability for your content and the
content generated by your end-users. Furthermore, when operating as
a Service Provider, you are subject to additional obligations under
the DMCA.
</p>
<h2>10. Rewards Program</h2>
<p>
As part of our Services, we may introduce Rewards programs. Any
Rewards credits provided will have specified expiration terms.
</p>
<h2>11. Intellectual Property</h2>
<p>
Usage, duplication, reproduction, republication, uploading, display,
posting, transmission, distribution, or licensing of any Materials
or content on the Services is prohibited without explicit
authorization from LastHourHosting.org.
</p>
<h2>12. The LastHourHosting.org Marketplace</h2>
<p>
We provide access to our online marketplace, featuring third-party
and proprietary Apps.
</p>
<h2>13. Disclaimers</h2>
<p>
To the extent permissible by law, we disclaim warranties and
conditions.
</p>
<h2>14. Liability Limitations</h2>
<p>To the extent permissible by law, our liability is capped.</p>
<h2>15. Contact Information</h2>
<p>
Queries regarding these Terms can be directed to
legal@lasthourhosting.org or as otherwise indicated in these Terms.
Any breaches of these Terms or our policies should be reported to
abuse@lasthourhosting.org (with customers being copied on all
reports). For other legal and law enforcement inquiries, contact
legal@lasthourhosting.org. If you require customer service or
support, please reach out to support@lasthourhosting.org.
</p>
<h2>Full Terms of Service</h2>
<h2>1. YOUR ACCEPTANCE AND LEGAL STATUS</h2>
<p>
When you access our Services, you confirm and guarantee that you
meet the legal age requirements of your jurisdiction and have the
lawful capacity to enter into contractual agreements. If you do not
meet these legal requirements, you are not permitted to use our
Services in any capacity or provide any information to
lasthourhosting.org or its Services. If you are agreeing to these
Terms on behalf of a business entity or organization, you assert and
certify that you possess the necessary legal authority and
capability to legally bind that business entity or organization. In
cases where you lack such authorization or legal standing, you will
assume sole personal responsibility for complying with the
obligations outlined in these Terms.
</p>
<h2>2. YOUR PRIVACY</h2>
<p>
We kindly request that you take a moment to review our privacy
policy (referred to as the "Privacy Policy"). It outlines the ways
in which we handle the information you provide to us at
lasthourhosting.org. Please note that the Privacy Policy is an
integral part of these Terms and is included by reference. If you
are a resident of California, we specifically encourage you to refer
to our California Privacy Notice. For residents of the European
Economic Area (EEA), we similarly recommend that you consult our
GDPR Privacy Notice prior to registering for our Services. These
additional notices are intended to provide you with region-specific
information about your privacy rights and protections.
</p>
<h2>3. MODIFICATIONS AND ADDITIONAL TERMS</h2>
<ol type="a">
<li>
Changes to These Terms. LastHourHosting.org reserves the right to
modify, update, add, or remove provisions of these Terms at any
time. We will accomplish this by posting the updated Terms on our
website and providing notice through our Services. In cases where
legal requirements mandate your explicit consent to these updated
Terms, we will explain how you can accept or reject these changes.
If you do not agree with any of the updated Terms, you must
discontinue using our Services. Unless otherwise dictated by the
law, the updated Terms will take effect on the day of posting.
</li>
<li>
Changes to Our Services. We may make alterations to our Services
without prior notice to you. If you disagree with any
modifications to our Services, your sole option is to cease using
them. Continuing to use our Services after we post such changes
signifies your acknowledgment of those changes, and you express
satisfaction with the modified Services. Additionally, we retain
the right to discontinue our Services or any part of them at any
time without notifying you. We will not be held liable to you or
any third party should we decide to modify or discontinue our
Services.
</li>
<li>
Paid Subscriptions. If you have a paid subscription with us,
please be aware that if we alter the price of the services you
previously agreed to pay for or make substantial changes to the
services, we will notify you as outlined in Section 3(a) above.
These changes will become effective once your current subscription
term expires or terminates. If you disagree with these changes and
notify us accordingly in accordance with the notification process,
your subscription will not be automatically renewed, even if you
initially agreed to automatic renewal for payment.
</li>
<li>
Additional Terms. Certain aspects of our Services may be subject
to additional terms of use ("Additional Terms"). These Additional
Terms will be presented to you when you choose to use these
specific features or services. By utilizing these features or any
part thereof, you consent to abide by the Additional Terms
associated with them. If any of the Additional Terms governing
these features conflict with these Terms, the Additional Terms
will take precedence.
</li>
<li>
Executed Contracts. If you have entered into a separate executed
(i.e., signed) agreement for services with LastHourHosting.org,
collectively and individually referred to as a "Contract," that
Contract will supersede these Terms. In cases where there is a
conflict between these Terms and the Contract, the Contract will
prevail. However, if the Contract does not address specific
provisions found in these Terms, these Terms will apply and
complement the Contract.
</li>
</ol>
<h2>4. USERS</h2>
<ol tyoe="a">
<li>
Visitors: Visitors can explore our site in accordance with these
Terms, but they won't have complete access to the Services until
they become "Registered Users."
</li>
<li>
Registered Users and Accounts: To access specific features of our
Services, you need to become a Registered User by registering an
account with us (referred to as your "Account"). As a Registered
User, you have control over what information you choose to make
public. By registering as a User, you confirm that you are not
prohibited from using our Services under these Terms, the laws of
the United States of America, your place of residence, or any
other relevant jurisdiction.
</li>
<li>
Registration Data: When registering for our Services, you agree to
provide accurate, current, and complete information about yourself
as prompted by our registration form (referred to as "Registration
Data"). You also agree to promptly update this Registration Data
to ensure its accuracy and completeness. All communications
between us will be sent to the email address you provide. If you
provide false, inaccurate, outdated, or incomplete information, or
if we have reasonable grounds to suspect such inaccuracies, we
reserve the right to suspend or terminate your Account and deny
your current or future use of the Services (or any part of them)
for violation of these Terms. You are not allowed to create an
Account using false identity or information. You also agree not to
maintain more than one Account at any given time. Registering an
Account on behalf of someone else or any group, organization, or
entity is only permitted if you have the authorization to bind
them to these Terms. By registering for another person, group,
organization, or entity, you confirm that you have the necessary
authorization. You are not allowed to create an Account or use the
Services if you have been previously banned from any of our
properties or removed by us.
</li>
<li>
Account Management: When you register for our Services, you will
select a login (email) and password. You can only use the Services
and modify your content and data using this login and password.
You are entirely responsible for keeping your password
confidential and for any activities that occur using your login
credentials and/or within your Account. We may implement an
Account verification process to verify your account and the
information provided. You agree to promptly inform us of any
unauthorized use of your Account or any security breaches known to
you or reasonably suspected by you at support@lasthourhosting.org.
We have the right to monitor your username and password and may,
at our discretion, require you to change them. If we believe that
your username and password are insecure or inappropriate, we may
require you to change them or terminate your Account. We reserve
the right to remove or reclaim usernames at any time and for any
reason, including claims by third parties that a username violates
their rights. It is also your responsibility to ensure that our
domains (including "lasthourhosting.org") are not listed in any
spam block list used by you or your mail provider. You are
obligated to perform all necessary security configuration and
management tasks: (1) for your site(s) and all domains, web pages,
or IP addresses hosted through our Services, and (2) to protect
your Content (defined below) and data, including that of your
customers and/or end-users hosted through our Services. You are
responsible for managing updates and security patches, any
application software or utilities installed, any files accessible
via your site(s), and the configuration of any security utilities
provided by LastHourHosting.org.
</li>
</ol>
<h2>5. SERVICES</h2>
<p>
Upon your initial registration, you will have the opportunity to
select from our available service plans, each referred to as a
"Subscription." It's important to note that all Subscriptions to our
Services are subject to our formal acceptance. We will consider your
Subscription accepted once we send you confirmation of the
Subscription. However, LastHourHosting.org retains the right to
decline providing any Service for any reason. Additionally, despite
our Uptime Guarantee, we reserve the right to temporarily interrupt
access to the Services for routine and emergency maintenance as
required. You are also welcome to order additional Services at any
time, provided you agree to pay the prevailing fees for those
additional Services. All these additional services are considered
part of the "Services" under these Terms. Please be aware that the
availability of all Services is contingent upon adherence to these
Terms. As long as you agree to these Terms and adhere to them, you
are allowed to utilize our Services. These Terms are applicable to
all users of the Service, including Visitors and Registered Users
who also contribute User Content. Please understand that the
Services are provided to you under a license and are not sold.
</p>
<ol type="a">
<li>
Limited License Grant: The Services are protected by copyright
laws globally. Subject to your acceptance of these Terms and your
ongoing compliance with them, along with any other applicable
policies, LastHourHosting.org grants you a non-exclusive,
non-transferable, non-sublicensable, revocable limited license,
with certain restrictions, to use the Services and/or download and
use a copy of any Apps or client software on a device or computer
that you own or control. This license is exclusively for your own
internal business or individual purposes. You agree not to use the
Services for any other purpose.
</li>
<li>
Restrictions: You are prohibited from: (i) removing any copyright,
trademark, or other proprietary notices from any part of the
Services; (ii) reproducing, modifying, creating derivative works
based on, distributing, licensing, leasing, selling, reselling,
transferring, publicly displaying, publicly performing,
transmitting, streaming, broadcasting, or otherwise exploiting the
Services unless expressly permitted by LastHourHosting.org; (iii)
decompiling, reverse engineering, or disassembling the Services,
except as may be permitted by applicable law; (iv) linking to,
mirroring, or framing any part of the Services except as expressly
permitted by LastHourHosting.org; (v) using any programs or
scripts with the intent of scraping, indexing, surveying, or
engaging in data mining of any part of the Services or excessively
burdening or hindering the operation or functionality of any
aspect of the Services; or (vi) attempting to gain unauthorized
access to or impair any aspect of the Services or its related
systems or networks.
</li>
</ol>
<h2>6. SUBSCRIPTIONS AND CANCELLATIONS</h2>
<ol type="a">
<li>
Subscriptions: Your Subscription or the commencement of services
with LastHourHosting.org begins upon your confirmation and receipt
of lawful funds, whichever occurs first. You have the flexibility
to select the initial term's length for your Subscription when you
subscribe to our services, and this will be clearly indicated at
that time. During the Initial Term (including any renewals), you
may not terminate your Subscription unless there is a breach by
LastHourHosting.org. Following the Initial Term, your Subscription
will automatically renew for subsequent terms of the same length
as the Initial Term, unless terminated or canceled by either party
as specified herein.
</li>
<li>
Pricing: LastHourHosting.org reserves the right to adjust prices
for paid Subscriptions at any time, and we do not offer price
protection or refunds in the event of promotions or price
reductions. Any changes in pricing will take effect after the
expiration or termination of your then-current Subscription.
Please note that if we agree to provide Services to you again
after your Subscription ends for any reason, the amount you paid
in a previous term or timeframe does not determine the amount you
will pay for Services in the future. It is your responsibility to
monitor our website for plan or price modifications if you wish to
benefit from such changes. LastHourHosting.org does not
automatically update your Subscription plan. Any upgrades or
downgrades will be carried out at your request and may involve
adjustments to fees (as defined in Section 7(a)) or require the
initiation of service with us again.
</li>
<li>
AUTOMATIC RENEWAL TERMS: To ensure uninterrupted access to our
Services, each paid Subscription includes automatic renewal
provisions. LastHourHosting.org will automatically renew your paid
Subscription in accordance with the Subscription period you
selected (referred to as a "Subscription Term") on the anniversary
of the date LastHourHosting.org initially charged your Account for
the first Subscription fee. As authorized by you during the
Subscription sign-up process, LastHourHosting.org will charge your
Account with the applicable Subscription fee and any sales or
similar taxes that may be imposed on your Subscription fee payment
(unless you cancel prior to the anniversary date). Each
Subscription renewal period matches the duration of the prior one,
unless there is a different agreement between you and
LastHourHosting.org. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS
TO AND USE OF THE SERVICES WILL BE TERMINATED ONCE YOUR
THEN-CURRENT SUBSCRIPTION TERM EXPIRES. LastHourHosting.org
reserves the right to modify pricing at any time (excluding the
price in effect for your then-current Subscription Term), with
prior notice to you. If you do not cancel your Subscription or
disable the auto-renewal feature within the specified time after
receiving notice of a price change, your Subscription will
automatically renew at the price indicated in your notice.
</li>
<li>
CANCELLATION TERMS: YOU ARE FREE TO CANCEL YOUR SUBSCRIPTION AT
ANY TIME, AND SUCH CANCELLATION WILL TAKE EFFECT UPON THE
EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. It is important
to understand that you will be charged Subscription fees until the
end of your then-current Subscription Term, and SUBSCRIPTION FEES
WILL NOT BE REFUNDED, IN FULL OR IN PART, SUBJECT TO APPLICABLE
LAW. There will be no pro-rated refund for any unused days of the
then-current Subscription Term. If you encounter any issues or
have concerns regarding your cancellation, please reach out to us
at support@lasthourhosting.org for assistance.
</li>
</ol>
<h2>7. PAYMENTS</h2>
<ol type="a">
<li>
If you acquire any Services offered by LastHourHosting.org for a
fee, whether on a one-time basis or through a Subscription
arrangement (collectively referred to as "Fees"), you hereby
consent to LastHourHosting.org utilizing third-party payment
processors for billing and online payment processing (see below).
You also agree to fulfill the applicable Fees associated with the
Services, including, but not limited to, recurring Subscription
fees, as they come due. Additionally, you agree to cover all
relevant taxes and to reimburse us for any costs incurred in
collections and any interest accrued on overdue amounts. Unless
specifically arranged through separate negotiations between You
and Us, confirmed through a distinct written agreement, the
initial and recurring Fees for the selected Services will be as
specified in the initial online order form. Please be aware that
setup fees and specialized programming fees are non-refundable.
Unless otherwise indicated, Fees for Services may be invoiced in
advance. Failure to make timely payments for Services may result
in the suspension or termination of those Services.
</li>
<li>
Services are automatically billed on a recurring basis, subject to
auto-renewal, until you follow LastHourHosting.org's cancellation
procedure as outlined in this Agreement. Your responsibility to
pay fees continues throughout the entire Subscription Term (as
defined in Section 6(c)). It's important to note that our
Subscriptions may have usage limits. You acknowledge and
understand that we periodically verify Service usage. If, during a
routine verification process, we determine that your usage exceeds
the current allocated usage limits, we reserve the right to
invoice you for the additional usage. We may initiate contact with
you to discuss your existing plan and explore alternative options
available to you. You agree to upgrade to a higher usage plan if
necessary.
</li>
<li>
During the registration process, you are required to select a
payment method. By providing a payment method, you explicitly
authorize LastHourHosting.org to charge that payment method at
regular intervals based on your specific Subscription.
LastHourHosting.org retains the right to engage a third-party
payment processor for handling all payments, and such third party
may impose additional terms and conditions governing payment
processing. Failure to pay all Fees promptly will result in your
account being considered overdue. For any Fees that become past
due, LastHourHosting.org reserves the right to assess interest
charges at a rate of one and one-half percent (1.5%) per month or
the maximum rate allowed by applicable law, whichever is lower, on
the outstanding amount, until it is settled.
</li>
<li>
You are responsible for covering any and all taxes, including
personal property taxes, value-added taxes, or sales taxes,
arising from your use of the Services. Any bank fees incurred by
you due to the use of check cards, automatic payment services,
insufficient funds, or any other fees imposed by your financial
institution as a result of your use of the Services are not the
responsibility of LastHourHosting.org. In the event that
LastHourHosting.org receives a payment amount less than the full
Fees due, due to taxes, bank charges, transfer fees, or similar
reasons, we will issue an invoice for the difference between the
received payment and the outstanding Fees. Furthermore, you agree
to cover all attorney and collection fees incurred by
LastHourHosting.org in its efforts to collect past-due Fees.
</li>
<li>
Should you decide to cancel any Service before the expiration of
the prepaid Fees, you acknowledge and consent that
LastHourHosting.org may, at its sole discretion, choose not to
issue any refunds, including but not limited to any remaining
prepaid Fees, setup Fees, and/or special programming Fees. If any
refunds are granted, they will be issued only to the original
method of payment.
</li>
<li>
If you fail to make timely payments or if LastHourHosting.org is
unable to process your payment method for any reason,
LastHourHosting.org reserves the right to suspend or terminate
your Subscription, access to the Services, and/or Account,
subsequently ending these Terms.
</li>
<li>
Coupons and Discount Codes. Periodically, LastHourHosting.org may
provide coupons or discount codes that can be applied when
subscribing to our Services. These coupons and discount codes are
exclusively intended for first-time customers of
LastHourHosting.org and must be used at the time of initial
purchase – they cannot be applied after Service commencement.
Unless explicitly stated otherwise, these coupons and discount
codes cannot be used for upgrades to your account. Any account
deemed to be attempting unauthorized use of coupons or discount
codes may be subject to Termination for Cause (refer to Section
9).
</li>
</ol>
<h2>8. REFERRAL PROGRAM</h2>
<p>
We may introduce initiatives that enable our users to accrue service
credits and incentives, denoted as "Rewards," within their Accounts.
Prior to participating in our Rewards program, we kindly request
that you review our Referral Program Terms. Please note that these
terms may be subject to periodic updates and amendments. The
Referral Program Terms are hereby included as an integral part of
this agreement by reference.
</p>
<h2>9. TERMINATION</h2>
<ol type="a">
<li>
LastHourHosting.org reserves the right to terminate your
Subscription at its discretion, with or without cause, at any time
("Termination without Cause"). In such instances,
LastHourHosting.org will provide you with a written notice at
least thirty (30) days prior to the cessation of Services. If
LastHourHosting.org cancels your Subscription due to any of the
terms outlined in these Terms, except for Termination without
Cause, LastHourHosting.org shall not refund any fees paid or
prepaid in advance of such cancellation, and you remain
responsible for settling all fees and charges accrued prior to the
effective cancellation date. In cases where LastHourHosting.org
terminates the Agreement for cause, any prepaid Fees will be
forfeited and are non-refundable. The termination of your
Subscription does not relieve you of your obligation to settle any
Fees incurred or payable to LastHourHosting.org prior to the
effective date of Subscription termination.
</li>
<li>
In addition to LastHourHosting.org's right to terminate your
Subscription as provided elsewhere in these Terms,
LastHourHosting.org may immediately terminate your Subscription
if, in LastHourHosting.org's sole judgment, it determines that you
or any of your end users: (i) have violated the Acceptable Use
Policy ("AUP") or Anti-Spam Policy, (ii) have infringed upon or
violated any intellectual property rights, privacy rights, or
publicity rights of a third party, (iii) have failed to comply
with any applicable laws, statutes, or regulations, or (iv) have
uploaded, published, or disseminated any content, such as images,
text, graphics, code, or video, which LastHourHosting.org deems
illegal or high-risk, at its discretion, or (v) have breached
these Terms. It is important to note that nothing in these Terms
imposes a duty or obligation upon LastHourHosting.org to
continuously monitor or review Your Content (defined in Section
12) or the content of your end users. You remain solely
responsible for Your Content and any liabilities arising from it.
</li>
<li>
Subscription termination results in the discontinuation of your
access to the Services and the revocation of your license to the
Materials. LastHourHosting.org shall not be held liable to you or
any third party for terminations of Services permitted under these
Terms. Upon Subscription termination, LastHourHosting.org reserves
the right to maintain copies of your data files and records for
archival purposes, although it is not obligated to do so.
LastHourHosting.org retains the right to impose an early
termination charge for all Services terminated before the last day
of the billing cycle.
</li>
<li>
If either party cancels or terminates your Subscription for any
reason, you are responsible for making all necessary arrangements
to secure a replacement service provider and for timely migrating
all electronic data, graphics, images, videos, or text to the new
service provider.
</li>
<li>
LastHourHosting.org shall not be liable to you for any suspension
or termination, including the deletion of Content. All provisions
of the Terms that, by their nature, should survive, shall continue
to be in effect following the termination of the Service. These
provisions include ownership provisions, warranty disclaimers, and
limitation of liability. You can close your Account by using the
provided feature within the Services or by sending an email to
support@lasthourhosting.org. Upon receipt, LastHourHosting.org
will proceed to close your Account and send you an email
confirmation. 10. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES AND
OUR COMMUNITY To utilize our Services, you hereby acknowledge and
affirm your commitment to consistently adhere to our Acceptable
Use Policy ("AUP") and our Anti-Spam Policy ("Policies"), as these
policies may undergo periodic revisions. These policies govern
both prohibited and permissible practices related to the
utilization of our Services, encompassing constraints on User
Content, activities that are prohibited, prevention of system
abuse, and security measures. If you do not concur with our
Policies, it is imperative that you cease using the Service. The
Policies are an integral part of this agreement and are hereby
included by reference.
</li>
</ol>
<h2>11. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS</h2>
<p>
LastHourHosting.org strictly prohibits activities that infringe upon
copyrights and intellectual property rights within the Services. In
accordance with the safeguards offered by the Digital Millennium
Copyright Act of 1998 ("DMCA"), LastHourHosting.org will promptly
remove User Content if it receives a valid notice indicating that
such User Content infringes upon the intellectual property rights of
another party (please consult our Copyright Policy for details).
LastHourHosting.org retains the prerogative to remove User Content
without prior notification.
</p>
<h2>12. USER CONTENT</h2>
<p>12.1 Content.</p>
<ol type="a">
<li>
You bear the responsibility for all information, text, viewpoints,
messages, remarks, audio-visual works, films, photos, animations,
videos, graphics, sounds, music, software, Apps, and any other
content or material that you or your end users submit, upload,
publish, host, store, or otherwise make accessible ("Make
Available") through the Services (collectively referred to as
"Your Content," "Content," or "User Content"). You are prohibited
from Making Available on the Services any material protected by
copyright, trademark, or any other proprietary right without
explicit permission from the owner of such copyright, trademark,
or other proprietary right, held by a third party. The
responsibility for determining whether any such right safeguards
any material rests solely on you. You shall be solely liable for
any harm resulting from copyright infringement, trademark
violation, infringement of proprietary rights, contract breaches,
privacy or publicity rights violations, or any other harm stemming
from any User Content you create or submit. In the relationship
between you and us, you retain ownership of your User Content and
assume full responsibility for all User Content you create or
submit, including its legality, reliability, and appropriateness,
while using the Services. You hereby grant LastHourHosting.org a
non-exclusive, perpetual, irrevocable, royalty-free, fully
paid-up, worldwide license (with the right to sublicense through
multiple tiers) to use, reproduce, process, adapt, publicly
perform, publicly display, modify, create derivative works,
publish, transmit, and distribute each of your User Content, or
any portion thereof, in any form, medium, or distribution method
now known or hereafter developed, existing, known, or developed,
and to otherwise use and commercialize the User Content in any
manner that LastHourHosting.org deems suitable, without requiring
further consent, notice, and/or compensation to you or any third
parties, for the purpose of delivering the Services to you.
</li>
<li>
LastHourHosting.org will not actively monitor Content hosted by
LastHourHosting.org. However, at its sole discretion,
LastHourHosting.org may choose to electronically monitor its
network and may disclose any content or records related to your
Account as necessary to satisfy legal obligations, regulations, or
other governmental requests, or to effectively operate our network
and safeguard our customers. LastHourHosting.org will investigate
complaints involving the violation of third-party rights or our
Acceptable Use Policy (AUP). LastHourHosting.org will cooperate
with efforts aimed at reducing Internet abuse and reserves the
right to implement "filters" or other mechanisms for this purpose.
LastHourHosting.org will collaborate with law enforcement agencies
and reserves the right to inform such agencies if it suspects that
you or any of your end users are engaged in illegal activities.
Nothing contained in this Section, or in any part of these Terms,
is intended to confer any rights upon any third party, and third
parties are not entitled to enforce any terms of these Terms
between us, the parties.
</li>
<li>
You acknowledge and expressly agree that LastHourHosting.org will
not be held liable to you or any of your end users for any actions
taken by LastHourHosting.org to remove or restrict access to the
Services due to an alleged violation of the AUP or in the exercise
of its rights as a Good Samaritan under the Telecommunications Act
of 1996 (47 U.S.C. § 230(d)) or under the DMCA.
</li>
<li>
LastHourHosting.org may, at its sole discretion, immediately
terminate your Account and access to the Services, and terminate
these Terms for cause, if your conduct violates our Policies (See
Section 10), or if the conduct of any of your end users or
downstream customers violates such Policies. We respect the
intellectual property rights of all parties and have adopted a
policy regarding the termination of repeat copyright infringers
under the DMCA (See Section 11).
</li>
<li>
Child Pornography. LastHourHosting.org takes the issue of child
pornography very seriously and strictly prohibits any potential
harm to minors using our Services. Content that is or may be
perceived as child pornography will be promptly removed from
public access upon notification or detection by us. Additionally,
LastHourHosting.org reserves the right to immediately terminate
any Account whose website(s) host or link to child pornography
without notice to you. If the account is a LastHourHosting.org
reseller account, the account will be suspended, and the reseller
will be directed to terminate the responsible account. You agree
to cooperate with us in any such efforts. Content or
communications aimed at soliciting, enticing, or luring minors
into sexual activity or indecent conduct is also strictly
prohibited and will be treated similarly to child pornography, in
accordance with applicable law. You agree to cooperate with
LastHourHosting.org in any effort to investigate, disable, or
remove such Content originating from your end users. Consistent
with federal law, LastHourHosting.org will cooperate with law
enforcement authorities and will notify such authorities if it
suspects that you or any of your downstream customers or end users
are engaged in any such illegal activities. In accordance with the
reporting requirements of 18 U.S.C. § 2258A, we will report to the
CyberTipline (www.cybertipline.com) any actual knowledge of
apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A,
2252B, 2260, or 1466A. If you suspect any instances of child
pornography appearing on sites hosted by LastHourHosting.org, we
encourage you to send such reports to our abuse address at
abuse@lasthourhosting.org and include the file name and/or URL (or
other location on the Customer's site), victim (if known), date of
birth, date of production, and any other information about the
suspect image(s). Please do not send the image(s) in question.
Alternatively, you may use the CyberTipline to report suspected
child pornography. Reports related to sites not hosted by
LastHourHosting.org should be directed to law enforcement or a
cooperating child pornography organization.
</li>
</ol>
<h2>13. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING</h2>
<ol type="a">
<li>
Third-Party Services. You may, at your sole discretion, choose to
utilize third-party products, software, and/or services (referred
to collectively as "Third-Party Services") provided by one or more
third-party entities in connection with the LastHourHosting.org
Services, such as through the LastHourHosting.org Marketplace (see
Section 14.) LastHourHosting.org may, at its sole discretion,
assist in facilitating your use of such Third-Party Services in
conjunction with the LastHourHosting.org Services. However, you
acknowledge and agree to the following: (i) It is your sole
responsibility to procure or license Third-Party Services as
required by any such third party; (ii) You must adhere to any
applicable terms governing such Third-Party Services, which are in
addition to this Agreement; (iii) You are responsible for all fees
charged by such third party for the provision of Third-Party
Services, and you recognize that the terms regulating such fees
(including any price adjustments) may not be within
LastHourHosting.org's control, even if payment is facilitated
through the LastHourHosting.org Services; (iv) Regardless of any
assistance provided by LastHourHosting.org, you are solely
responsible for the installation and maintenance of any
Third-Party Services at your own expense; and (v)
LastHourHosting.org shall not be held liable in any manner for any
Third-Party Services. Any assistance provided by
LastHourHosting.org concerning such Third-Party Services shall not
alter your responsibilities or change our liability disclaimer
under this section. You agree and acknowledge that you, not
LastHourHosting.org, are solely responsible for complying with the
licensing terms of any Third-Party Services or products made
available to you within the LastHourHosting.org Services. If
LastHourHosting.org notifies you of any reporting or compliance
obligations to the Third-Party provider, it is your obligation to
report your own usage and comply with any licensing terms.
LastHourHosting.org will not and does not monitor your compliance.
Notwithstanding the foregoing, if any such Third-Party provider
determines that you (or any of LastHourHosting.org's customers)
are not in compliance with the Third Party’s agreement or
obligations, LastHourHosting.org reserves the right to terminate
the Services or Account of the non-compliant customer without
advance notice. You agree and understand that LastHourHosting.org
may and will share all available Customer data with the applicable
Third Party if contractually obligated.
</li>
<li>
Third-Party Sites and Links. The Services may contain links to
websites that are not owned by LastHourHosting.org (collectively
referred to as "Third-Party Sites"). You acknowledge and agree
that these Third-Party Sites may have different privacy policies,
terms and conditions, user guides, and business practices than
LastHourHosting.org. Furthermore, you acknowledge and agree that
your use of such Third-Party Sites is governed by the respective
privacy policy, terms and conditions, and user guides of those
Third-Party Sites. You hereby agree to comply with all terms and
conditions, user guides, and privacy policies of any Third-Party
Sites. LastHourHosting.org does not verify, make representations
about, or assume responsibility for any Third-Party Site,
including, but not limited to, the accuracy, quality,
completeness, or truthfulness of the content, services, links, and
any other activities conducted on or through such Third-Party
Sites. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL
LASTHOURHOSTING.ORG BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES,
AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES
AND/OR FOR ANY DEALINGS OR COMMUNICATIONS WITH THIRD PARTIES, OR
FOR ANY HARM RESULTING FROM THEM, OR FOR ANY DAMAGES OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE
OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD
PARTY. Any reference on the Services to any product, service,
publication, institution, organization, or individual does not
constitute or imply an endorsement or recommendation by
LastHourHosting.org.
</li>
<li>
Bring Your Own License. "Bring Your Own License" ("BYOL") is the
process by which you bring licenses you have previously purchased
to run on our cloud ("LastHourHosting.org Cloud"). Our deployment
model provides options to meet your platform licensing needs,
allowing you to use licenses provided by us or bring your own.
When you choose to BYOL, any licensing costs associated with the
product you bring are deducted from the price of the instance, and
you are solely responsible for managing your licenses.
</li>
</ol>
<h2>14. THE MARKETPLACE</h2>
<p>
As part of our Services, we may provide access to our online
marketplace (the "LastHourHosting.org Marketplace") for third-party
and proprietary cloud and downloadable software applications,
plugins, and extensions (collectively referred to as the "Apps")
intended for use with our Services, software, and cloud offerings.
Prior to downloading or utilizing any Apps from our
LastHourHosting.org Marketplace, we kindly request that you review
our App Marketplace Terms. These terms may be subject to periodic
updates and revisions. The App Marketplace Terms are hereby included
by reference.
</p>
<h2>15. INTELLECTUAL PROPERTY RIGHTS</h2>
<ol type="a">
<li>
The Services provided on LastHourHosting.org, along with all
associated proprietary and intellectual property rights, including
the visual design and user interface of the website, are and will
continue to be the property of LastHourHosting.org (or its
licensors). These Terms and your use of the Services do not grant
or convey to you any rights: (i) concerning the Services other
than the limited license specified above; or (ii) to use or
reference LastHourHosting.org's company names, logos, product and
service names, trademarks, or service marks or those of its
licensors. No licenses are implied. Should you violate any of
these Terms, the aforementioned license will automatically
terminate, and you must cease using the Services and promptly
delete any Materials that you have downloaded or printed from the
Service.
</li>
<li>
All Services provided by LastHourHosting.org must be used solely
for lawful purposes.
</li>
<li>
In respect to Your Content, LastHourHosting.org acknowledges that
it does not claim any proprietary rights over it. By using the
Services, you grant LastHourHosting.org a non-exclusive,
worldwide, and royalty-free license to copy, create derivative
works from, display, perform, use, broadcast, and transmit Your
Content via the Internet. This license is granted for the purpose
of providing you with the Services and fulfilling
LastHourHosting.org's obligations under these Terms.
</li>
<li>
In the course of delivering the Services and at the discretion of
LastHourHosting.org, you may receive certain Materials, including
but not limited to computer software (in object code or source
code form), data, documentation, or information developed or
provided by LastHourHosting.org or its suppliers under these
Terms. This may also include domain names, electronic mail
addresses, and other network addresses assigned to you, as well as
other knowledge, methodologies, equipment, and processes used by
LastHourHosting.org to provide the Services. Subject to these
Terms, LastHourHosting.org hereby grants you a limited, revocable,
non-transferable, non-exclusive license to use the Materials
solely in connection with the Services. This license will
terminate upon the termination of these Terms. You acknowledge and
agree that, between you and LastHourHosting.org,
LastHourHosting.org holds all rights, title, and interest in or
has obtained all necessary licenses for the Materials, including
all copyright, trade secret, patent, trademark, and other
intellectual property rights. Any use of the Materials after the
termination of these Terms is strictly prohibited without prior
express written permission from LastHourHosting.org.
</li>
<li>
If it becomes necessary for LastHourHosting.org to engage the
services of an attorney or another individual to recover any
liquidated damages or other sums of money from you, or if
LastHourHosting.org needs to seek legal action to obtain
injunctive relief against you, or if LastHourHosting.org is
required to file an ICANN complaint against you for the transfer
of a disputed URL, you agree to reimburse LastHourHosting.org for
all associated fees incurred in collecting these liquidated
damages, seeking injunctive relief, or filing and pursuing an
ICANN complaint.
</li>
<li>
You understand that even nominal damages may involve substantial
legal fees, travel expenses, and other costs that may exceed the
liquidated damages themselves. You agree to cover all such fees
and costs.
</li>
</ol>
(a)
<h2>16. ADDITIONAL PROVISIONS REGARDING THE SERVICES</h2>
<p>
16.1 Backups & Data Loss. Your use of LastHourHosting.org's services
is entirely at your own risk, and LastHourHosting.org is not
responsible for any data loss associated with its services. You are
solely responsible for creating backups of your content. While
LastHourHosting.org may create backups of your content during
routine maintenance, if you request a restoration of your content,
LastHourHosting.org cannot guarantee that it will be successful, nor
can it guarantee the integrity of your content after such a restore
procedure. It is strongly advised that you establish your own
regular backup process and periodically test the restoration of
files from your backup media to ensure their viability. If you
require routine backup services from LastHourHosting.org in addition
to the services outlined in these Terms, please contact us. We offer
various backup solutions as separate, supplementary services,
governed by a distinct written agreement. 16.2 Resource Usage.
LastHourHosting.org reserves the right to suspend services or
deactivate accounts if an account significantly burdens system
resources, resulting in a degradation of overall system performance.
LastHourHosting.org will inform you if your account is temporarily
blocked due to excessive resource consumption. 16.3 Security. Any
violation of the security of our services is strictly prohibited and
may lead to criminal and civil liability. Unauthorized access to our
servers, used to provide the Site, Services, and Materials, is
expressly forbidden and constitutes a breach of these Terms and the
AUP. You agree not to engage in such activities or attempt to breach
our servers for purposes such as altering or manipulating hardware
or software, compromising server integrity, or any other
unauthorized actions typically referred to as "hacking." Should you
engage in any violation of system security, LastHourHosting.org
reserves the right to disclose your information to system
administrators at other sites to aid in resolving security
incidents. We will also cooperate with law enforcement agencies
investigating criminal violations related to system security, cyber
threats, or network security. Furthermore, any breach of these
security provisions may, at our sole discretion, serve as grounds
for the Termination for Cause of your Account, as outlined in these
Terms. 16.4 Bandwidth Usage. Your monthly bandwidth allocation is
determined by the specific package you select. If your account
exceeds the monthly allowance, we retain the right to charge you for
overage fees. 16.5 Publicity. You grant LastHourHosting.org a
non-exclusive, royalty-free, worldwide right and license to use your
name, trademark, and company logo ("Customer Marks") for the purpose
of including your company in our customer lists, websites, and
marketing materials to indicate your status as a customer and/or
user. You can choose to opt out of this use by contacting us at
legal@lasthourhosting.org. Nevertheless, this provision will not
restrict our ability to use your Company Marks as otherwise
permitted by applicable law.
</p>
<h2>17. HIPAA SERVICE OFFERING AND YOUR OBLIGATIONS</h2>
<p>
As part of our services, LastHourHosting.org may offer Virtual
Private Servers that can be configured to comply with the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”) and
the Health Information Technology for Economic and Clinical Health
Act (“HITECH”), collectively referred to as the “Configurable HIPAA
Server.” You are obligated to ensure ongoing compliance with HIPAA
and HITECH requirements whenever you use a Configurable HIPAA
Server. The specific steps necessary for achieving HIPAA and HITECH
compliance while utilizing LastHourHosting.org's services will vary
depending on your particular implementation. When entering into an
agreement with LastHourHosting.org for this service, we will provide
you with relevant documentation outlining your responsibilities. You
understand and agree that you will undergo an architectural review
before deploying your HIPAA Server and that you will execute an
acknowledgment confirming your understanding of these requirements
with LastHourHosting.org. You bear full responsibility for
maintaining the security of data on your HIPAA Server or any other
data under your control. You commit to complying with all applicable
state and federal laws and regulations regarding the collection,
security, and dissemination of protected health information (“PHI”)
on your HIPAA Server. If LastHourHosting.org deems it necessary
based on your implementation, and we request it, you will promptly
furnish us with documentation verifying your compliance with HIPAA
and HITECH. You further agree to exclusively use HIPAA-compliant
service providers for the storage or transmission of PHI. You can
find information about HIPAA rules on the HHS website, and it is
your responsibility to adhere to these standards. For as long as
your account remains active, you are responsible for managing,
retaining, and backing up any of your content. LastHourHosting.org
does not have access to Customer Content stored within HIPAA
Servers, nor do we offer backup services for such content. Except as
required by applicable law or legal procedures or as otherwise
agreed upon, LastHourHosting.org is not responsible for retaining
HIPAA Servers or your content after account termination or for
archival purposes. You acknowledge that, unless you instruct us
otherwise, all content will be securely deleted by
LastHourHosting.org upon account termination, subject to these
Terms. We can provide certification of destruction if needed.
</p>
<h2>18. UPTIME GUARANTEE</h2>
<p>
LastHourHosting.org provides a Service Level Agreement ("SLA") that
ensures a specific level of availability for our services. In order
to qualify for any credits applied to your account, you must adhere
to the outlined procedures specified in the SLA for notifying us
about your request for credits. It is important to understand and
agree that failing to follow the procedures detailed in the SLA
within three (3) days of the incident that triggered the request
will result in your forfeiture of any entitlement to receive
credits. SLA credits have a validity period of one (1) year from the
date of issuance and cannot be exchanged for cash.
</p>
<h2>19. INTERACTIONS BETWEEN USERS</h2>
<p>
You are solely responsible for your interactions with other users of
the Services and any other parties with whom you engage through the
Service. LastHourHosting.org may establish limits on the number of
connections you can have with other users and, in certain
circumstances, may prohibit you from contacting other users through
the use of the Services or impose limitations on your Service usage.
While LastHourHosting.org retains the right to do so, it is not
obligated to monitor or become directly involved in disputes that
may arise. You agree to cooperate fully with LastHourHosting.org in
the investigation of any suspected unlawful, fraudulent, or improper
activities. This includes granting LastHourHosting.org access to any
password-protected sections of your account. LastHourHosting.org
reserves the right to limit, suspend, or terminate your account if
it is determined, at our sole discretion, that such action is
necessary or in our best interests. In the event of a dispute with
one or more users, you release LastHourHosting.org (along with our
officers, directors, agents, subsidiaries, joint ventures, and
employees) from any claims, demands, and damages (whether actual or
consequential) of all types and origins, known or unknown, connected
to or arising from such disputes.
</p>
<h2>20. NO WARRANTIES</h2>
<p>
You expressly acknowledge and agree that your use of the Services is
entirely at your own risk. The Services are provided on an "as is,
with all faults" and "as available" basis. LastHourHosting.org
explicitly disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, title, and
non-infringement. Unless explicitly stated in these Terms,
LastHourHosting.org makes no warranty that the Services will meet
your requirements, or that the Services will be uninterrupted,
timely, secure, or error-free. Furthermore, LastHourHosting.org does
not make any warranty regarding the accuracy or reliability of any
information obtained through the Services or that any defects in
software, hardware, or the Services will be corrected. Any
statements made about such matters in promotional materials should
be considered advertising references and not warranties. You
understand and agree that any use you make of material and data
downloaded or otherwise obtained through the Services is entirely at
your own discretion and risk. You will be solely responsible for any
damage to your computer system or loss of data resulting from the
download of such material and/or data. LastHourHosting.org has no
control over the content of third-party services. The use of any
third-party services will be entirely at your own risk and subject
to the terms and conditions of a separate agreement between you and
the third party. LastHourHosting.org makes no warranty regarding any
goods or services purchased or obtained through the Services or any
transactions entered into through the Services. No advice or
information, whether oral or written, obtained by you from
LastHourHosting.org or through the Services, shall create any
warranty, whether by implication, estoppel, or otherwise, including
but not limited to any marketing or promotional materials describing
the Services on LastHourHosting.org's website. Unless otherwise
agreed to in writing, LastHourHosting.org does not make a backup of
your site(s) as part of the Services. Therefore, we strongly
encourage you to create regular backups of your site(s) on your own.
</p>
<h2>21. LIMITATION ON LIABILITY</h2>
<p>
You are solely responsible for the content, operation, and security
of your online properties and the conduct of your business, as well
as all other matters under your control. In no event shall
LastHourHosting.org be liable to you for any damages arising from or
related to content, the operation or security of your website,
and/or business, or the failure to operate your website and/or
business. This section applies to all claims by you or your end
users, irrespective of the cause of action underlying the claim,
including, but not limited to, breach of contract, tort, including
but not limited to negligence, strict liability, fraud, and/or
misrepresentation. Regardless of the type of claim or the nature of
the cause of action, you agree that in no event will
LastHourHosting.org, our affiliates, contractors, service providers,
employees, agents, or licensors, or any other party involved in
creating, producing, or delivering the Services, technology, or
content available on the Services ("Affiliates"), be liable to you
in any manner whatsoever: (A) for any decision made or action or
non-action taken by you in reliance upon the information provided
through the Services; (B) for loss or inaccuracy of data or the cost
of procurement of substitute goods, services, or technology; (C) for
any indirect, special, incidental, consequential, or punitive
damages, including but not limited to loss of revenues, loss of
profits, or loss of reputation, business interruption, or similar
action, even if LastHourHosting.org has been advised of the
possibility of such damages; or (D) for your use of any third-party
services. The total aggregate and maximum liability of
LastHourHosting.org and the Affiliates, arising from or otherwise
relating to this Agreement (regardless of the form of action or
claim), is limited to any amounts you have paid to
LastHourHosting.org during the six (6) months prior to the accrual
of the cause or causes of action.
</p>
<h2>22. CALIFORNIA RELEASE</h2>
<p>
If you are a California resident, you waive California Civil Code §
1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR in
connection with LastHourHosting.org services.
</p>
<h2>23. INDEMNIFICATION</h2>
<p>
You agree to protect, indemnify, and exempt LastHourHosting.org and
its Affiliates from any and all claims and responsibilities,
including reasonable fees for attorneys and experts, related to or
arising from (a) any violation of Your commitments under these
Terms; (b) Your utilization of the Services; (c) any defamatory,
slanderous, or unlawful content present in User Content or Your data
and information; (d) any assertion or argument that Your Content,
Your data and information, or Your use of any Third-Party Services
infringes on a third party's patents, copyrights, or other
intellectual property rights, or breaches any third party's rights
to privacy or publicity; (e) any third party's access to or use of
User Content or Your data and information; (f) any infringement of
the applicable Policies (see Sections 10 and 11). In the case of a
claim under this section, LastHourHosting.org will be allowed to
choose legal representation to provide defense against such a claim.
LastHourHosting.org maintains the right, at its own expense, to
participate in the defense of any matter that is otherwise subject
to indemnification from You, but is not obligated to do so.
Settlement of any such claim or liability requires the prior written
consent of LastHourHosting.org, which will not be unreasonably
denied.
</p>
<h2>24. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.</h2>
<p>
Please take note of the following if you are a resident of the
United States of America. It has implications for your rights.
</p>
<ol type="a">
<li>
Governing Law. These Terms and any potential disputes between you
and LastHourHosting.org will be governed by and interpreted in
accordance with the Federal Arbitration Act, applicable federal
laws, and the regulations of the State of New Jersey, United
States of America, excluding any provisions concerning conflicts
of law. You consent that any claims or disputes you might have
against LastHourHosting.org must be exclusively resolved in a
state or federal court situated in Bonner County, Idaho, except as
otherwise mutually agreed upon by both parties or as detailed in
the Arbitration section below. You consent to the personal
jurisdiction of the courts located in Bonner County, Idaho, for
the purpose of addressing such claims or disputes.
</li>
<li>
Dispute Resolution. Before initiating arbitration, as described
below, either party must first send a written notice of dispute
(“Notice") to the other party. This notice should outline the
nature and basis of the claim or dispute, as well as the requested
resolution. Following receipt of the Notice, you and
LastHourHosting.org may attempt to amicably resolve the claim or
dispute. If a resolution is not reached within thirty (30) days
after the Notice is received, either party may proceed with
arbitration as outlined below. This Agreement shall be governed by
and construed in accordance with the laws of the State of Idaho,
United States of America, excluding its conflict of law
provisions. Any disputes arising out of or related to this
Agreement shall be resolved through binding arbitration in
accordance with the Rules of Procedure for Christian Conciliation
set forth by the Institute for Christian Conciliation.
</li>
<li>
Arbitration. You acknowledge and agree that LastHourHosting.org
may choose to resolve disputes cost-effectively through binding
arbitration, which may include non-appearance-based arbitration.
In such a case, you consent to the exclusive jurisdiction of an
arbitration procedure initiated with the Rules of Procedure for
Christian Conciliation by the Institute for Christian
Conciliation, or another recognized alternative dispute resolution
provider (collectively referred to as “ADR”), as selected by
LastHourHosting.org. The ADR provider and the parties involved
must adhere to the following rules:
<ol type="i">
<li>
the arbitration method may be chosen by the initiating party
and might involve telephone, online, or be based solely on
written submissions, as determined by LastHourHosting.org;
</li>
<li>
the arbitration process may not necessitate the physical
presence of the parties or witnesses, unless mutually agreed
upon, in which case the arbitration would be conducted in
Bonner County, Idaho; and
</li>
<li>
the arbitrator's decision may be enforced in any court with
competent jurisdiction. It is important to note that
arbitration specifically excludes claims for injunctive or
other equitable relief. Arbitral Claims encompass a broad
range of claims, including, but not limited to, contract and
tort claims of all types, as well as claims based on federal,
state, or local laws, statutes, or regulations. The only
exceptions are claims subject to applicable worker's
compensation law, unemployment insurance claims, intellectual
property claims, actions for injunctions, attachment,
garnishment, and other equitable relief. The arbitration will
be conducted in Bonner County, Idaho, and will be administered
by a single arbitrator with expertise in the subject matter of
the dispute. Unless stated otherwise, the party initiating the
action will bear all arbitration-related costs, including
arbitrator fees. Each party will be responsible for its
attorneys' fees, except in cases related to the collection of
a debt owed, in which case the prevailing party will be
entitled to attorneys' fees, all arbitration expenses, and
arbitrator fees, in addition to other applicable remedies. The
arbitrator will not have the authority to award punitive or
exemplary damages, certify a class action, add parties,
deviate from the provisions of these Terms, or disregard
applicable laws. The arbitrator will be required to take a
neutral stance. The arbitrator will provide a written opinion
detailing all pertinent facts and the rationale behind the
decision within thirty (30) days of the conclusion of the
arbitration process.
</li>
</ol>
</li>
<li>
Jury Trial Waiver. YOU HEREBY RELINQUISH YOUR CONSTITUTIONAL AND
STATUTORY RIGHTS TO A COURT TRIAL IN FRONT OF A JUDGE OR JURY. In
the event of any litigation arising between you and
LastHourHosting.org in any state or federal court, particularly in
a lawsuit to vacate or enforce an arbitration award or for any
other reason, YOU WAIVE ALL RIGHTS TO A JURY TRIAL and instead opt
for the resolution of the dispute by a judge.
</li>
<li>
Class or Consolidated Actions Waiver. ALL CLAIMS AND DISPUTES THAT
FALL UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN
INDIVIDUAL BASIS AND CANNOT BE PURSUED ON A CLASS BASIS. CLAIMS
MADE BY MULTIPLE USERS CANNOT BE COMBINED FOR ARBITRATION OR
LITIGATION AND MUST BE ADDRESSED SEPARATELY.
</li>
</ol>
<h2>25. EXPORTS</h2>
<p>
You comprehend and recognize that the software components of the
Materials might be subject to oversight by U.S. Government agencies,
such as the U.S. Department of Commerce, which restricts the export
or transfer of software to specific nations and entities. You shall
not engage in or support any such diversion or any other
infringement of relevant U.S. laws and regulations. You assure that
you will not grant licenses or authorize individuals not sanctioned
to receive controlled goods in accordance with applicable U.S. laws
and regulations, and you will comply with these laws and
regulations.
</p>
<h2>26. GOVERNMENT RIGHTS</h2>
<p>
The software components of the Materials have been created with
private funds and qualify as "commercial computer software" or
"restricted computer software" as defined in the FARs, the DFARs,
and comparable regulations related to government procurement of
computer software. Nothing in this context will be construed as:
</p>
<ol type="i">
<li>
conferring any government agency a license or additional rights
beyond what is required by law or regulation for commercial
computer software entirely developed with private funds, or
</li>
<li>
limiting any government rights in any add-ons or custom solutions
delivered herein and created with government funding.
</li>
</ol>
<h2>27. CONSUMER NOTICE</h2>
<p>
Under California Civil Code Section 1789.3, California residents
have specific rights as consumers, and we want to provide you with
the following notice: The Services are offered by Shiloh, LLC. If
you have any questions or concerns about the Service, please reach
out to LastHourHosting.org's Customer Support at
support@lasthourhosting.org, Attention: Customer Service. California
residents can contact the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or
by phone at (916) 445-1254 or (800) 952-5210. For the hearing
impaired, please use TDD (800) 326-2297 or TDD (916) 322-1700. You
can also file a complaint online at:
https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
</p>
<h2>28. ELECTRONIC COMMUNICATIONS</h2>
<p>
The communications between you and LastHourHosting.org are conducted
electronically, whether you visit the LastHourHosting.org website,
send LastHourHosting.org emails, or utilize the services. For
matters related to the contract, you (1) agree to receive
communications from LastHourHosting.org in an electronic format, and
(2) acknowledge that all terms, agreements, notices, disclosures,
and other communications provided to you by LastHourHosting.org
electronically meet any legal requirement that such communications
would satisfy if they were in writing. This provision does not
affect your statutory rights. When LastHourHosting.org requests your
email address, it is your responsibility to ensure that you provide
your most up-to-date email address. In case the last email address
you provided to LastHourHosting.org is invalid or for any reason
cannot deliver the required/permitted notices according to the
Terms, LastHourHosting.org's dispatch of the email containing such
notice will still be considered effective notice. Proof of
successful transmission will be retained. Both parties agree to the
following regarding all electronic communications: (i) The sender's
user identification in an electronic communication is legally
sufficient to verify the sender's identity and the authenticity of
the communication; (ii) An electronic communication sent by you,
containing your user identification, establishes you as the
originator and has the same effect as a document bearing your
written signature; and (iii) An electronic communication, or any
computer printout of it, serves as valid proof of the original
electronic communication's validity.
</p>
<h2>29. GENERAL</h2>
<p>
These Terms, in conjunction with our Privacy Policy, related
notices, Acceptable Use Policy, Copyright Policy, Anti-Spam Policy,
our SLAs, our Referral Program Terms, our App Marketplace Terms, any
separate Contract we may have directly executed with you, and any
Additional Terms provided through our internet properties
periodically, constitute the comprehensive agreement between you and
LastHourHosting.org concerning your utilization of our Services.
These Terms supersede and replace any prior written or oral
agreements pertaining to the same subject matter. Our failure to
enforce any right or provision within these Terms shall not be
construed as a waiver of that particular right or provision. If any
part of these Terms is determined to be unlawful, void, or
unenforceable, it shall be considered as separate from the remaining
provisions and shall not affect their validity or enforceability.
Your rights and obligations under these Terms are not transferable.
Any attempt to assign or transfer them shall be null and void. We
reserve the right to assign these Terms without any restrictions.
LastHourHosting.org operates as an independent contractor, and
nothing in these Terms should be construed to establish a
partnership, joint venture, or agency relationship between the
parties. For a period of two (2) years following the initiation of
Services to you and continuing after the termination of these Terms
or any other cancellation or termination of your account or Services
with us, you agree not to directly or indirectly solicit, employ,
contract, or engage any LastHourHosting.org employee who was
employed during the term of these Terms, including the Initial Term
and any subsequent terms, to work for you or any other entity,
regardless of its nature, corporate or otherwise. Section and
subsection headings in these Terms are inserted for convenience and
do not constitute a part of the agreement or affect its
interpretation. LastHourHosting.org shall not be held liable for any
failure to perform due to unforeseen circumstances or causes beyond
our reasonable control, including, but not limited to: acts of God;
war; riots; embargoes; actions of civil or military authorities;
public health crises; pandemics; acts of terrorism; fires; floods;
earthquakes; hurricanes; tropical storms; or other natural
disasters; fiber cuts; strikes; or shortages in transportation,
facilities, fuel, energy, labor, or materials; failure of
telecommunications or information services infrastructure; hacking;
SPAM; or any failure of a computer, server, or software, as long as
such events continue to impede LastHourHosting.org's performance.
</p>
<h2>31. CONTACT US</h2>
<p>
If you have any inquiries regarding these Terms or need to get in
touch with LastHourHosting.org for any reason, you can reach us at
Shiloh, LLC, P.O. Box #15264 514 America's Way, Box Elder, SD 57719,
USA, along with a copy sent to legal@lasthourhosting.org.
</p>
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2023-11-18 03:37:53 +00:00
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