+
LastHourHosting.org - Terms of Service
+
1. Introduction
+
+ 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."
+
+
2. Acceptance of Terms
+
+ 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
+
+
3. Privacy
+
+ 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.
+
+
4. Payments, Subscriptions, and Cancellations
+
+ 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.
+
+
5. Binding Arbitration and Dispute Resolution
+
+ Under these Terms, disputes will be resolved individually through
+ binding arbitration for residents of the United States, with no
+ provision for class-based remedies.
+
+
6. Acceptable Use Policy
+
+ You warrant that you will use the Services in compliance with our
+ Acceptable Use Policy.
+
+
7. Anti-Spam Policy
+
+ You warrant that you will use the Services in compliance with our
+ Anti-Spam Policy.
+
+
8. Copyright Policy
+
+ 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.
+
+
9. User-Generated Content
+
+ 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.
+
+
10. Rewards Program
+
+ As part of our Services, we may introduce Rewards programs. Any
+ Rewards credits provided will have specified expiration terms.
+
+
11. Intellectual Property
+
+ 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.
+
+
12. The LastHourHosting.org Marketplace
+
+ We provide access to our online marketplace, featuring third-party
+ and proprietary Apps.
+
+
13. Disclaimers
+
+ To the extent permissible by law, we disclaim warranties and
+ conditions.
+
+
14. Liability Limitations
+
To the extent permissible by law, our liability is capped.
+
15. Contact Information
+
+ 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.
+
+
Full Terms of Service
+
1. YOUR ACCEPTANCE AND LEGAL STATUS
+
+ 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.
+
+
2. YOUR PRIVACY
+
+ 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.
+
+
3. MODIFICATIONS AND ADDITIONAL TERMS
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
4. USERS
+
+ -
+ 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."
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
5. SERVICES
+
+ 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.
+
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
6. SUBSCRIPTIONS AND CANCELLATIONS
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
7. PAYMENTS
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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).
+
+
+
8. REFERRAL PROGRAM
+
+ 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.
+
+
9. TERMINATION
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
11. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS
+
+ 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.
+
+
12. USER CONTENT
+
12.1 Content.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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).
+
+ -
+ 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.
+
+
+
13. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
14. THE MARKETPLACE
+
+ 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.
+
+
15. INTELLECTUAL PROPERTY RIGHTS
+
+ -
+ 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.
+
+ -
+ All Services provided by LastHourHosting.org must be used solely
+ for lawful purposes.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+ (a)
+
16. ADDITIONAL PROVISIONS REGARDING THE SERVICES
+
+ 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.
+
+
17. HIPAA SERVICE OFFERING AND YOUR OBLIGATIONS
+
+ 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.
+
+
18. UPTIME GUARANTEE
+
+ 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.
+
+
19. INTERACTIONS BETWEEN USERS
+
+ 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.
+
+
20. NO WARRANTIES
+
+ 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.
+
+
21. LIMITATION ON LIABILITY
+
+ 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.
+
+
22. CALIFORNIA RELEASE
+
+ 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.
+
+
23. INDEMNIFICATION
+
+ 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.
+
+
24. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
+
+ Please take note of the following if you are a resident of the
+ United States of America. It has implications for your rights.
+
+
+
+ -
+ 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.
+
+ -
+ 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.
+
+ -
+ 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:
+
+ -
+ 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;
+
+ -
+ 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
+
+ -
+ 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.
+
+
+
+ -
+ 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.
+
+ -
+ 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.
+
+
+
25. EXPORTS
+
+ 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.
+
+
26. GOVERNMENT RIGHTS
+
+ 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:
+
+
+ -
+ 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
+
+ -
+ limiting any government rights in any add-ons or custom solutions
+ delivered herein and created with government funding.
+
+
+
27. CONSUMER NOTICE
+
+ 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.
+
+
28. ELECTRONIC COMMUNICATIONS
+
+ 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.
+
+
29. GENERAL
+
+ 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.
+
+
31. CONTACT US
+
+ 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.
+
+