LEGAL NOTICES : Terms of Service
The following are the terms and conditions for use of LTTF.com’s services including, but not limited to, e-mail, domain reservation or purchase, hosting services, URL redirection, web design services, e-commerce and developer’s database services, and other services which may be offered from time to time by LTTF.com. (each feature individually and collectively referred to as the “Service”). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account.
BY CHECKING “I HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF SERVICE” DURING THE ACCOUNT REGISTRATION PROCESS, YOU ARE STATING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF SERVICE AND YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account with LTTF.com, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Account Registration Form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify LTTF.com immediately of any unauthorized use of your account or any other breach of security.
You agree that LTTF.com may access your account, including its contents, as stated above or to respond to service or technical issues.
EMAIL MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
Each email account is a POP3 account and can be accessed from any POP3 enabled client. The amount of e-mail server-storage space per member is currently limited to 10MB, and some e-mail messages may not be processed due to space constraints or outbound message limitations. You agree that LTTF.com is not responsible or liable for the deletion or failure to store messages or other information.
As a condition of your use of the Service, you warrant to LTTF.com that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
* Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). * Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. * Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. * Advertise or offer to sell or buy any illegal goods or services. * Harvest or otherwise collect information about others, including e-mail addresses, without their consent. * Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. * Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. * Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. * Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. * Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. * Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. * Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.
LTTF.com has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, LTTF.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
LINKS TO THIRD PARTY SITES
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF LTTF.COM AND LTTF.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LTTF.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. LTTF.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY LTTF.COM OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. LTTF.com and/or its respective suppliers may make improvements and/or changes in the Service at any time.
LTTF.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. LTTF.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that LTTF.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that LTTF.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that LTTF.com is not responsible for any content sent using and/or included in the Service by any third party.
LTTF.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LTTF.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LTTF.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE A RISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LTTF.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify and hold LTTF.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
You represent that the email address or domain that your have selected, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, LTTF.com may immediately suspend the use of such e-mail address, and you will indemnify and hold LTTF.com harmless, in accordance with the Indemnification section above, for any claim or demand against LTTF.com that arises out of such selection. You acknowledge and agree that neither LTTF.com nor any of its licensors shall be liable to you in the event LTTF.com is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular email address or domain. If as a result of such action, you lose an e-mail address or domain, your sole remedy shall be the receipt of a replacement e-mail address or domain.
LTTF.com may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
LTTF.com reserves the right to terminate your e-mail address in the event that LTTF.com’s rights to use the primary domain name terminate or expire. In addition, LTTF.com retains the right, at LTTF.com’s sole discretion, to terminate any and all parts of the LTTF.com Service provided to you, without refunding to you any annual fees paid but not yet accrued, if it determines that you have failed to comply with any of the terms of the “TOS”. If LTTF.com determines that you have failed to comply with any of the terms in the “TOS”, LTTF.com when appropriate, (1) facilitate criminal prosecution against you by referring your spamming activity to the appropriate legal authorities, and (2) bring a civil action against you, who shall be liable to LTTF.com for any direct, indirect, special, incidental, or consequential damages incurred by LTTF.com as a result of your spamming or other prohibited activity.
LTTF.com may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by LTTF.com. The amount of time that LTTF.com currently views as an “extended” period of time is a first login to e-mail 10 days or later after registration and after an initial e-mail login, 90 days since your last e-mail login. Upon termination of the Service, your right to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to discontinue the use of the Service or contact a LTTF.com representative at email@example.com .
LTTF.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
LTTF.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay LTTF.com liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay LTTF.com’s actual damages, to the extent such actual damages can be reasonably calculated.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. LTTF.com shall not be responsible or liable for any part of any such dealings or promotions.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by LTTF.com, or LTTF.com’s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Websites, including code and software.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
LTTF.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
This agreement is governed by the laws of the State of California and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LTTF.com as a result of this agreement or use of the Service. LTTF.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LTTF.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by LTTF.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LTTF.com with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LTTF.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You and LTTF.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents are: Copyright (c) 1997-2010 LTTF.com. All rights reserved.
TRADEMARKS LTTF.com and/or other LTTF.com products and services referenced herein are either trademarks or registered trademarks of LTTF.com. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
LEGAL NOTICES: Acceptable Use Restricted Content
Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.
LTTF.com forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client’s whose accounts are found in violation of this policy may, at the discretion of LTTF.com , have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.
Client’s whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at LTTF.com . This includes “warez” sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client’s whose accounts are found in violation of this policy may, at the discretion of LTTF.com , have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, LTTF.com may contact the Software Piracy Association (“SPA”) and release any information in connection with any illegal activities relating to software piracy on the Client’s account.
Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client’s account and LTTF.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of LTTF.com , result in the Client’s account(s) being terminated without notice and a maximum clean-up/disconnect fee.
Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.
Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @LTTF.com or any domain name hosted with LTTF.com is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with LTTF.com but the mail message makes mention of a website hosted with LTTF.com.
LTTF.com allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, LTTF.com requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. LTTF.com reserves the right to terminate a client’s mailing program, whether provided by LTTF.com or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. LTTF.com also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
Providing spamware or spam related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.
Due to the consumption of system resources and overloading of the e-mail server, LTTF.com forbids the use of the Gossamer Links program by any client.
Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. LTTF.com reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of LTTF.com , have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee. Sites closed for violations of this policy will not be reinstated under any circumstance.
It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within client’s account. Clients agree to indemnify LTTF.com of any possible litigation involving trademark or copyrighted materials.
Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by LTTF.com . Modification of scripts provided by LTTF.com without written permission is strictly prohibited.
Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. LTTF.com reserves the right to suspend accounts without notice to clients who violate these terms. LTTF.com has sole discretion over what constitutes excessive usage.
Programs provided by LTTF.com as an installable feature are not exempt from this policy. While every effort is made on LTTF.com ‘s end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
Note: LTTF.com may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of services with LTTF.com constitutes acceptance to all modifications to the Acceptable Uses Policy and to the Contract for Services. The Acceptable Uses Policy is only a portion of our service agreement. Clients who sign-up for an account will receive a copy of our service agreement, upon request.