General terms

• We do not allow adult or illegal content on our servers.
• Users must not participate in any form of unsolicited bulk e-mailing or spam.
• IRC servers may only be hosted if they are private and permission has be obtained to prior to purchase.
• Data stored on our systems is not guaranteed to be backed up. It is recommend that you keep an independent copy of all data stored on your server.
• You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that they are not discovered by other people.
• We shall not be held liable for any loss or damages caused by the use, misuse, unavailability or removal of services.
• We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
• Should your account be closed, all files (including web pages etc.) will be deleted.
• We reserve the right to amend and update these Terms and Conditions at any time without notice.

Definitions

• "Lakeside IT Ltd" or "we" means Lakeside IT Ltd
• "Customer" or "you" means the person, firm or company that has requested any Services.
• "Service" or "Services" means any services supplied or to be supplied by Lakeside IT Ltd, including but not limited to the provision of Internet hosting services.
• "Order" means the electronic Service order annexed herein by reference.
• "Server" means an Internet-connected server, virtual or otherwise, provided by Lakeside IT Ltd for the Customer's use.

Service Agreement

This agreement is made by and between Lakeside IT Ltd and the Customer:

Overview

This agreement is intended to cover any and all Services provided by Lakeside IT Ltd and received by the Customer. This agreement contains the entire understanding between Lakeside IT Ltd and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between Lakeside IT Ltd and the Customer. The Customer acknowledges and agrees that its entire right relating to Lakeside IT Ltd Services are as set forth in this agreement.

1. Services

Subject to the terms and conditions of this agreement, Lakeside IT Ltd agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, Lakeside IT Ltd may expand or contract the scope of Lakeside IT Ltd's services by issuing an amended order form to the Customer in advance of such change.

2. Initial Term

The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until Lakeside IT Ltd accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

3. Renewal Term

Unless terminated by Lakeside IT Ltd or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

4. Fees and Payment

The Customer agrees to pay Lakeside IT Ltd, without limitation, for the Services it uses.
4.1 Invoices - Invoices are emailed to the current billing email address for the Lakeside IT Ltd account.
Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from Lakeside IT Ltd. Overdue accounts will be emailed a 7 days disconnection notice. After 7 days the account will be suspended for an additional 3 days and then cancelled/deleted unless alternative arrangements are made with Lakeside IT Ltd.
4.2 Cancellation Policy - All Service contracts, unless otherwise negotiated, are renewed according to the chosen payment plan, be it monthly, quarterly, bi-annually or annually. In order to cancel a Service contract the Customer must notify Lakeside IT Ltd via email. A cancellation request must be received at least 24 hours prior to the start of the next billing period. There are no partial refunds or credits for early cancellations. All payments to Lakeside IT Ltd are final and non-refundable.

5. Acceptable Use Policy

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Lakeside IT Ltd Terms and Conditions and of the Lakeside IT Ltd Acceptable Use Policy (AUP). The Customer agrees that Lakeside IT Ltd may amend their terms and conditions from time to time without prior notice.

6. 99.9% Uptime Guarantee

Lakeside IT Ltd endeavours to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with Lakeside IT Ltd we guarantee that our network is available 99.9% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. Network downtime is measured from the moment the Customer notifies a Lakeside IT Ltd support representative of a network failure to the time the Network responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds 0.01% (approx. 45 minutes) in a given month, the Customer will be refunded 5% of their monthly hosting fee and an additional 5% for each addition 2 hours of downtime up to 50% of the Customer's monthly hosting fee. Refunds shall not be provided to the Customer if network downtime is the result of: a) scheduled maintenance b) circumstances beyond Lakeside IT Ltd's reasonable control, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government and c) breaking this Agreement or Lakeside IT Ltd's Acceptable Use Policy.

7. Temporary Service Suspension

The Customer agrees that it may be necessary for Lakeside IT Ltd to temporarily suspend Services for technical reasons or to maintain the Lakeside IT Ltd network, the equipment or any other facilities, the timing of which will be as determined by Lakeside IT Ltd. Such suspension of the Services will not be an interruption of the Lakeside IT Ltd Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

8. Emergency Service Suspension

Lakeside IT Ltd may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Lakeside IT Ltd Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

9. Daily Backups

Lakeside IT Ltd offers daily and snapshot backups of critical data files. We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, Lakeside IT Ltd cannot guarantee any data can be fully restored. The Customer will hold Lakeside IT Ltd without penalty or liability for any claim resulting from a failed backup and/or restore procedure.

10. Compromised /Hacked Server

A compromised or "hacked" server is a serious threat to our network. Lakeside IT Ltd, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Determination that a server has been compromised:
By the Customer - If you believe your system may have been hacked, immediately report the situation to Lakeside IT Ltd technical support. Lakeside IT Ltd will examine your system and may implement additional monitoring of your system.
By Lakeside IT Ltd - If an Lakeside IT Ltd System Administrator believes a server on our network is compromised, Lakeside IT Ltd will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".

11. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Lakeside IT Ltd may terminate this agreement at any time and without prior notice.

12. Limitation of Liability

Customer acknowledges and agrees neither Lakeside IT Ltd nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Lakeside IT Ltd or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Lakeside IT Ltd, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Lakeside IT Ltd for one month of service under this agreement.

13. Indemnity

Customer will indemnify and save harmless Lakeside IT Ltd and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Lakeside IT Ltd or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

14. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the Lakeside IT Ltd network or any inter-connected network by third parties. Lakeside IT Ltd provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of Lakeside IT Ltd, its agents or employees.

15. IP Address Ownership and Usage

Lakeside IT Ltd assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Lakeside IT Ltd addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by Lakeside IT Ltd. Lakeside IT Ltd maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. Lakeside IT Ltd reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.

16. Lakeside IT Ltd Administrative Account and Software

For the purposes of Network/Server maintenance, inventory and related activities, Lakeside IT Ltd staff and management retain the right to administrative access to any and all Servers on their network. See the Acceptable Use Policy (AUP) for more details.

17. Governing Law

This Agreement is governed by the law of Scotland, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of Scotland.

If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.

Lakeside IT Ltd Acceptable Use Policy (AUP)

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Lakeside IT Ltd Terms and Conditions and also with the terms below.

Lakeside IT Ltd provides Internet hosting Services. By using the Services provided by Lakeside IT Ltd, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify Lakeside IT Ltd against any claims by third parties arising from violation of this Policy.

Lakeside IT Ltd reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to Lakeside IT Ltd web site: www.Lakeside IT Ltd.com Lakeside IT Ltd 's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.

This policy recognizes the fundamental fact that no one owns or controls the Internet. Lakeside IT Ltd cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not Lakeside IT Ltd, assume all responsibility relating to their Internet activities including, but not limited to:

• Aspects of the Customer's business.
• Content and data provided by or through a Customer for use with the Services.
• Decisions about Customer's computer and communications systems needed to access the Services.
• Results obtained from using Lakeside IT Ltd Services.
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
• Use of the Lakeside IT Ltd services by Customer's end users.
• Compliance with this Acceptable Use Policy by the Customer and the Customer's end users.

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Network Abuse

Using the Lakeside IT Ltd network in anyway that adversely affects other Lakeside IT Ltd Customers is strictly prohibited. This includes but is not limited to:
• Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses. Using IP addresses which were not assigned to them by Lakeside IT Ltd.

Illegal Content

Accounts may be terminated that include content or which have links to content that:
• Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative/sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
• Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
• We do not allow adult or illegal content on our servers.
• Users must not participate in any form of unsolicited bulk e-mailing or spam.
• IRC servers may only be hosted if they are private and permission has been obtained to prior to purchase.
• Data stored on our systems is not guaranteed to be backed up. It is recommended that you keep an independent copy of all data stored on your server.
• You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
• Should your account be closed, all files (including web pages etc.) will be deleted.
• We reserve the right to amend and update these Terms and Conditions at any time without notice.

Adult Content

Adult content including, but not limited to, Adult Web Sites, Adult Picture Galleries and Adult File Sharing Services is not permitted on Lakeside IT Ltd's servers.

SPAM or Unsolicited Commercial Email

Lakeside IT Ltd has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Lakeside IT Ltd Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, Lakeside IT Ltd will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending IP address to prevent further violations. If a client is found to be in violation of our UCE policy, Lakeside IT Ltd will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.

Lakeside IT Ltd Administrative Login and Management Software

To facilitate network/server management, inventory and related activities, all Lakeside IT Ltd Servers include a Lakeside IT Ltd administrative account and password. All reasonable precautions are made by Lakeside IT Ltd to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer's hosting account.

Account Cancellation

This Acceptable Use Policy (AUP) is not exhaustive. Lakeside IT Ltd has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.