Lightning Arrows INCORPORATED

TERMS OF SERVICE POLICY

Notice and Procedure Terms of Service Infringement


Lightning Arrows, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

 

Content


 All services provided by Lightning Arrows, Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Lightning Arrows, Inc., from any claims resulting from the subscriber's use of Lightning Arrows's services which damages the subscriber or any other party.

 

Examples of prohibited content or links include (but are not limited to):

 

  • IRC Software
     
  • Pirated software

 

  • Hacking sites, programs or archives

 

  • Warez Sites

 

  • Distribution of music files or any other material in which the account holder does not own the copyright.

 

Lightning Arrows, Inc. will be the sole arbiter as to what constitutes a violation of this provision. 

 

Content that does not meet these standards will be removed without prior notice to the subscriber.

 

Housing of any of the following files is considered a violation of the terms of service:

 

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

 

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

 

PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.

 

Commercial Advertising - Email -

 

  • Spamming, i.e. the sending of unsolicited email, from any Lightning Arrows server or any server located on the Lightning Arrows network is STRICTLY prohibited. Lightning Arrows will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Lightning Arrows.

 

  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Lightning Arrows customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any LightningArrows Inc.-hosted domain, or referencing any Lightning Arrows account, is prohibited.
     
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
     
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
     
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
     
  • All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

 

 

Advertising & Promotions Limitations

 

In the following scenarios Lightning Arrows clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Lightning Arrows. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials.  This limitation applies to claims by the client which relate to services hosted by Lightning Arrows. 

 

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.

 

  • Any illegal or unlawful activity

 

  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

 

 

Server Abuse - Any attempts to undermine or cause harm to a Lightning Arrows server or subscriber of Lightning Arrows is strictly prohibited including, but not limited to:

 

  • Logging into a server or account that you are not authorized to access

 

  • Accessing data or taking any action to obtain services not intended for you or your use

 

  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network

 

  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

 

  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

 

  • Interfering with, intercepting or expropriating any system, data or information

 

  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

 

You will be held responsible for all actions performed by your account whether it be done by you or by others. 


All sub-networks of Lightning Arrows, Inc. and all dedicated servers must adhere to the above policies.

 

Password Security and Account Authorization

 

Lightning Arrows provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Lightning Arrows will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

 

Technical Support & Heroic Support 

 

Lightning Arrows Heroic Support includes access to technical support provided via phone, email and livechat. Lightning Arrows has three levels of Heroic Support from Fully Managed, Core Managed and Self Managed. Details for each level of support are provided at: http://www.TheAmericans.us/support/

LightningArrows technical support is strictly limited to the direct customer of Lightning Arrows and not to in-direct client. For example, a client of the Lightning Arrows Customer is not entitled to Heroic Support from Lightning Arrows and should at no time be given Account Access, Passwords, or Passphrases for LightningArrows Heroic Support. It is the obligation of the Lightning Arrows customer to ensure compliance with this policy.

 

Best Effort Support


 Lightning Arrows will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Best Effort support means that when possible Lightning Arrows technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.

 

Lightning Arrows provides Bundled Bandwidth Packages for Internet Data Transfer


 
When purchasing a Bundled Bandwidth Package your outgoing bandwidth transfer will be used to calculate your bandwidth usage. Incoming data transfer will not be counted towards your bundled bandwidth usage. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order. Currently the bandwidth overage fee is the same as the stated Pay As You Go outgoing bandwidth charge. ($0.99 per Gig)

Incoming data transfer is currently free.

 

Dedicated Server Support


 
Basic support and maintenance of dedicated servers is provided at the discretion of Lightning Arrows, Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

 

  • $70/hour

 

 

Scheduled Maintenance and Downtime


 Lightning Arrows will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Lightning Arrows's control or which are not reasonably foreseeable by Lightning Arrows, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Lightning Arrows will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Lightning Arrows has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

 

Refunds


 Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via Lightning Arrows, Inc.'s free domain registration method.

 

Any violation of Lightning Arrows, Inc.'s Terms of Service Agreement shall result in no refund.

 

Account Setup, Termination, and Billing:


 The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

 

Check Orders: 

 

Accounts for subscribers who wish to pay by check will be setup when the check is received by Lightning Arrows, Inc.

 

Returned Check Fee and Credit Card Charge Backs 

 

A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted. A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

 

EVENT OF DEFAULT BY CUSTOMER 

 

(Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Lightning Arrows reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

 

LIGHTNING ARROW’S REMEDY UPON DEFAULT; TERMINATION. 

 

In addition to all rights and remedies granted to Lightning Arrows in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Lightning Arrows shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Lightning Arrows all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

 

Cancellation Procedure: 

 

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (manage.TheAmericans.us) or email sent to lightning@theamericans.us (email subject to valid proof of account ownership). Lightning Arrows is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

 

Courtesy Services for Customers


 All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Lightning Arrows, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Lightning Arrows, Inc. programming staff. (Cpanel is not associated with Lightning Arrows, Inc.)

 

Promotional Use


 Lightning Arrows may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by Lightning Arrows may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Lightning Arrows website. This reference will be strictly limited to disclosure that Lightning Arrows has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Lightning Arrows. However, Lightning Arrows may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

 

Any work or professional services performed or provided by LightningArrows under this Agreement shall not be deemed. Work For Hire, but Lightning Arrows shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Lightning Arrows.

 

Microsoft Software License Policy.


 Microsoft, as well as Lightning Arrows company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Lightning Arrows purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through Lightning Arrows. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Lightning Arrows licensed Microsoft products. Any questions regarding this policy can be addressed to lightning@theamericans.us

 

Limitation of Damages or Liability


 EXCEPT AS DESCRIBED IN THE SLA, LIGHTNINGARROWS INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. LIGHTNINGARROWS INC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LIGHTNINGARROWS INC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, LIGHTNINGARROWS INC PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND LIGHTNINGARROWS INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

 

General


 Terms of Service are subject to change without any prior notification.

 

These Terms of Service are a legally binding contract between the subscriber and Lightning Arrows, Inc.

By opening an account, the subscriber agrees to the above-stated terms.

 

Anything not listed in the Terms of Service is open to interpretation and change by Lightning Arrows, Inc. administrators without prior notice.

 

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

 

The 30-day money back guarantee does not pertain to Virtual Dedicated, Full Dedicated server plans, Storm Server Plans or Colocation plans.

 

Any violation of these Terms of Service will result in termination of the account. Lightning Arrows, Inc. maintains the right to terminate accounts without prior notification.

 

In the case that a customer is terminated for violating one or more of the Lightning Arrows Terms of Service, Lightning Arrows reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Lightning Arrows may at its own discretion allow access to a terminated account. If Lightning Arrows agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.

 

Dispute Resolution


 Any dispute between Lightning Arrows and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Arizona law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Maricopa County, Arizona, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

 

Indemnification


 Customer agrees to indemnify and hold harmless Lightning Arrows Inc, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

 

Lightning Arrows may from time to time, at the request of the CUSTOMER, be enlisted to perform server administration tasks on CUSTOMER hardware which is colocated at Lightning Arrows facilities. This service shall be referred to as "Remote Hands". Customer agrees to indemnify and hold harmless Lightning Arrows, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any incidental damages caused to CUSTOMER hardware in the performance of Lightning Arrows remote hands server administration.

 

Lightning Arrows Incorporated Shared Hosting Terms of Service

 

Lightning Arrows, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

 

Content


 All services provided by LightningArrows Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Lightning Arrows, Inc., from any claims resulting from the subscriber's use of Lightning Arrows's services which damages the subscriber or any other party.

 

Note: 

 

Pornography and sex related merchandising are prohibited on any Lightning Arrows, Inc. shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Lightning Arrows servers or any other server on the Internet. Links to such materials are also prohibited.

 

Examples of prohibited content or links include (but are not limited to):

 

  • IRC Software
     
  • Pirated software
     
  • Hacking sites, programs or archives
     
  • Warez Sites
     
  • Distribution of music files or any other material in which the account holder does not own the copyright.
     
  • Adult Sites
     
  • Game Servers (dedicated game server programs)

 

 

Lightning Arrows, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

 

Content that does not meet these standards will be removed without prior notice to the subscriber.

 

Housing of any of the following files is considered a violation of the terms of service:

 

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

 

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

 

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

 

Commercial Advertising - Email -

 

  • High volume email deployments of any type are not permitted with any Lightning Arrows shared account.

 

  • Spamming, i.e. the sending of unsolicited email, from any Lightning Arrows server or any server located on the Lightning Arrows network is STRICTLY prohibited. Lightning Arrows will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Lightning Arrows.

 

  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Lightning Arrows customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any lightningarrows Inc.-hosted domain, or referencing any Lightning Arrows account, is prohibited.

 

  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.

 

  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

 

  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

 

 

Advertising & Promotions Limitations


 In the following scenarios Lightning Arrows clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Lightning Arrows.

 

This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials.

 

 This limitation applies to claims by the client which relate to services hosted by Lightning Arrows. 

 

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.

 

  • Any illegal or unlawful activity

 

  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

 

 

ShoutCast Servers 

 

- We do not allow Shoutcast Servers due to bandwidth and load issues.

 

Background Running Programs 

 

- We ask that users request permission before enabling persistent background processes of substantial load.

 

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

 

Server Abuse - Any attempts to undermine or cause harm to a Lightning Arrows server or subscriber of Lightning Arrows is strictly prohibited including, but not limited to:

 

  • Logging into a server or account that you are not authorized to access

 

  • Accessing data or taking any action to obtain services not intended for you or your use

 

  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network

 

  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

 

  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

 

  • Interfering with, intercepting or expropriating any system, data or information

 

  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

 

 

You will be held responsible for all actions performed by your account whether it be done by you or by others. 


All sub-networks of Lightning Arrows, Inc. and all dedicated servers must adhere to the above policies. 

Password Security and Account Authorization

 

Lightning Arrows provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Lightning Arrows will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

 

Technical Support & Heroic Support 

 

Lightning Arrows Heroic Support includes access to technical support provided via phone, email and livechat. Lightning Arrows has three levels of Heroic Support from Fully Managed, Core Managed and Self Managed. Details for each level of support are provided at: TheAmericans.us/Lightning/livezilla/chat.php

 

Lightning Arrows technical support is strictly limited to the direct customer of Lightning Arrows and not to in-direct client. For example, a client of the Lightning Arrows Customer is not entitled to Heroic Support from Lightning Arrows and should at no time be given Account Access, Passwords, or Pass phrases for Lightning Arrows's Heroic Support. It is the obligation of the Lightning Arrows customer to ensure compliance with this policy.

 

Scheduled Maintenance and Downtime


 
Lightning Arrows will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Lightning Arrows's control or which are not reasonably foreseeable by Lightning Arrows, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Lightning Arrows will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Lightning Arrows has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.



Refunds


 
Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via Lightning Arrows, Inc.'s free domain registration method.

Any violation of Lightning Arrows, Inc.'s Terms of Service Agreement shall result in no refund. 

 

Promotional Use


 Lightning Arrows may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by Lightning Arrows may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Lightning Arrows website. This reference will be strictly limited to disclosure that Lightning Arrows has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Lightning Arrows. However, Lightning Arrows may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

 

Any work or professional services performed or provided by Lightning Arrows under this Agreement shall not be deemed. Work For Hire,. but Lightning Arrows shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Lightning Arrows.

 

Microsoft Software License Policy.


 Microsoft, as well as Lightning Arrows company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Lightning Arrows purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through Lightning Arrows. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Lightning Arrows licensed Microsoft products. Any questions regarding this policy can be addressed to lightning@theamericans.us

 

Limitations on Use


 
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

 

Background Processes. Unauthorized background processes shall result in immediate termination of the account. LightningArrows maintains the right to cancel accounts at its discretion.

 

Account Setup, Termination, and Billing:


 The account will be charged on the day the order is processed, regardless of the account billing date. 

 

The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

 

Check Orders: 

 

Accounts for subscribers who wish to pay by check will be setup when the check is received by Lightning Arrows, Inc.

 

Returned Check Fee and Credit Card Charge Backs 

 

A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted. A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

 

EVENT OF DEFAULT BY CUSTOMER 

 

(Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Lightning Arrows reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

 

Lightning Arrows’S REMEDY UPON DEFAULT; TERMINATION. 

 

In addition to all rights and remedies granted to Lightning Arrows in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Lightning Arrows shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Lightning Arrows all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

 

Cancellation Procedure: 

 

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (manage.TheAmericans.us) or email sent to lightning@theamericans.us (email subject to valid proof of account ownership). Lightning Arrows is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

 

Parked Domain Names: 

 

There is a one-time fee of $19 for parking additional domain names. This fee is nonrefundable.

 

Add-on Domain Names: 

 

Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

 

Domain Name Transfers: 

 

Lightning Arrows shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

 

Free Domain Name Registration: 

Lightning Arrows will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

 

Free registration is for the first year only, subsequent renewals are $15 per year that the domain is renewed for.

 

If Free SSL Secure Certificate was chosen in lieu of the 5 free domain names (on Professional Plan promotional offer only) this offer extends to the first year the certificate is issued and is for new signups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact lightning@theamericans.us for renewal requests.

Courtesy Services for Customers

 

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Lightning Arrows, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Lightning Arrows, Inc. programming staff. (Cpanel is not associated with Lightning Arrows, Inc.)

 

Limitation of Damages or Liability

 

EXCEPT AS DESCRIBED IN THE SLA, LIGHTNINGARROWS INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. LIGHTNINGARROWS INC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF lightningarrows INC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, lightningarrows INC PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND lightningarrows INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

 

General

 

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Lightning Arrows, Inc.


 By opening an account, the subscriber agrees to the above-stated terms.


 Anything not listed in the Terms of Service is open to interpretation and change by Lightning Arrows, Inc. administrators without prior notice.


 All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.


 The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.


 Any violation of these Terms of Service will result in termination of the account. Lightning Arrows, Inc. maintains the right to terminate accounts without prior notification.


 We reserve the right to remove any account with 15 days prior notice.

 

Dispute Resolution

 Any dispute between Lightning Arrows and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Arizona law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Maricopa County, Arizona, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

 

_____________________________________________________________________________________________

Dedicated Server Service Level Agreement (SLA)

 

Hardware Replacement Service Level Agreement
 

Lightning Arrows guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 30 Minutes of identifying the problem. In the event that this guarantee is not met, Lightning Arrows will issue a credit for ten times the actual amount of additional downtime recorded by service monitoring logs. The amount of compensation may not exceed the customer’s monthly recurring charge. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding RAID arrays.

 

Network Uptime Service Level Agreement 

Lightning Arrows guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.

 

Network SLA Exclusions 

 Many possible situations are completely beyond the control of Lightning Arrows, and therefore are not in the scope of this SLA. These situations include:

 

Scheduled Network Maintenance - occasionally network maintenance will be required. Lightning Arrows will do everything possible
 to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.


Hardware Maintenance - on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Lightning Arrows will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.


Software Maintenance - an important part of managing a dedicated server is keeping the software up to date. If you choose to have Lightning Arrows manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.


Malicious Attacks - if a third party not associated with Lightning Arrows initiates a "Denial of Service" or other form of disabling attack against your Dedicated Server or major portions of our network, Lightning Arrows will do everything in its power to stop the attack, but cannot guarantee a resolution time.


 Legal Actions - In the case that a legal action is taken against a customer of Lightning Arrows and Lightning Arrows is required to act in accordance with the order, Lightning Arrows shall not be responsible for any SLA damages.


cPanel Issues - if you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. Lightning Arrows will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.

 

Network SLA Remedy 

In the event that Lightning Arrows does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime reported by service monitoring logs. If Lightning Arrows is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times (1,000%) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit.

 All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Lightning Arrows Terms of Service or if the account is in default of payment.

 

Response Time SLA’s

 Lightning Arrows’s fully-managed and core-managed customers are covered by three types of initial response time guarantees:

 

  • Help Desk Initial Response Time Guarantee (24 Hours)
  • Callback Time Guarantee Once Requested (24 Hours)
  • LiveChat Initial Response Time Guarantee (59 Seconds)

 

 

The Help Desk Initial Response Time Guarantee (30 Minutes)

That means that when you submit a trouble ticket via our help desk system you are guaranteed a response from a Heroic Support® technician within thirty minutes. If Lightning Arrows fails to respond within thirty minutes, you will be credited 10 times the amount of time exceeding our SLA commitment. 

 

That means that if your ticket goes 1 hour past our stated initial response time guarantee, your account will receive a 10 hour hosting credit.

 

Phone Callback Time Guarantee (24 Hours)

 

We guarantee that a live Support Agent will within 24 hours from the time you select the department you wish to speak with. If Lightning Arrows fails to respond within 24 hours, you will be credited for the amount of time exceeding our SLA commitment. That means that if your phone call goes 6 minutes past our stated initial response time guarantee, your account will receive a 1-hour hosting credit.

 

LiveChat Initial Response Time Guarantee (59 Seconds)

 

We guarantee to have a live Heroic Support Agent answer your LiveChat within 59 seconds after selecting the department and accurately completing the pre-chat survey questions. If Lightning Arrows fails to respond within fifty-nine (59) seconds, you will be credited 10 times the amount of time exceeding our SLA commitment. That means that if your LiveChat goes 6 minutes past our stated initial response time guarantee, your account will receive a 1-hour hosting credit.

 

Compensation

 

All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Lightning Arrows Terms of Service or if the account is in default of payment. Duplication of SLA compensation is not allowed. Only one SLA credit may be given per incident. For example: if a network outage SLA event and a phone SLA event happen simultaneously. SLA compensation will only be given for one of the events.

 

Lightning Arrows utilizes some third party services to provide responses to customers. These include, but are not limited to, our LiveChat system. If a third party system’s failure prevents Lightning Arrows from honoring the Response Time SLA requirements the SLA event will be ineligible for compensation.

 

How to Report a Problem 


 Lightning Arrows technicians are available 24 hours a day. There are a number of ways to reach us, including toll free phone support, online help desk, and e-mail.

 

  • Phone - +1.480.269.0646  (local and international)

Last updated 3/04/2021

 

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