Acceptable Use Policy & Terms Of Service

Customer agrees when using, or accessing Local Touch Media Ltd's services that the following terms and conditions of this policy will be met:

 

Acceptable Usage Policy

1. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, Stat, Provincial or Federal Laws, Local Touch Media Ltd. reserves the right to cooperate with all or any law enforcement agencies.

2. User agrees to follow the Acceptable Use Policy of any network user connects to, including Local Touch Media Ltd's system.

3. Neither Local Touch Media Ltd. nor its Information Providers are responsible for any damages arising from User's use of LocalTouchMedia.ca or by User's inability to use Local Touch Media Ltd's service.

4. User hereby agrees that any material submitted for publication on LocalTouchMedia.ca through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User's may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on LocalTouchMedia.ca or affiliated partners servers.

5. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Local Touch Media Ltd. and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

6. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

7. Sending unsolicited mass e-mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

8. Engaging in either of the above from a provider other than Local Touch Media Ltd. and using an account on LocalTouchMedia.ca as a mail drop for responses, or advertising a web site hosted at LocalTouchMedia.ca.

9. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Local Touch Media Ltd.

10. Impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)

11. Local Touch Media Ltd. prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.

12. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Local Touch Media Ltd.

13. User agrees to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not use 50% or more of available system resources (CPU or memory) for longer then 30 seconds or more than 2% CPU daily, 3% memory daily. User may nut run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. Databases are limited to 16 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be nicked to 15 or greater. Each cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporary suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as 'Semi-Dedicated', 'Dedicated Servers' or a Premium Hosting account. Local Touch Media Ltd. will be the sole arbiter as to what constitutes a violation of this provision and Local Touch Media Ltd. reserves the right to make adjustments to these limits at our sole discretion.

14. All un-metered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. Local Touch Media Ltd. reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Local Touch Media Ltd. clientele, Local Touch Media Ltd. reserves the right to throttle the service causing such a problem.

15. You must not use our RESELLER HOSTING ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free e-mail services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.

There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:

(i)First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

(ii)Our customers, including (resellers) are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.

(iii)Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

(iv)Spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers, and all the customers of our resellers.

(v)Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.

If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.

16. Abuse of Local Touch Media Ltd. Staff or Support Personnel: At Local Touch Media Ltd., we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:

17. Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

 

Payment Issues

1. User agrees to pay Local Touch Media Ltd. all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.

2. User is responsible for charges at the time the service is used and Local Touch Media Ltd. may apply the amount due to User's credit card at any time.

3. Local Touch Media Ltd. reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

4. Dues must be paid on a timely basis. Dues charges will continue regardless of your use unless and until you notify us via help desk that you wish to cancel your membership at the end of your contract period. You can cancel your membership within your first 30 days and receive a full refund on your monthly fees. Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.

5. Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Local Touch Media Ltd. the right to charge payments to that card on each due date. Customer further agrees not to challenge nor dispute any charge representing hosting payments.

6. Non-Payment: All Reseller and Shared Hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.

All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.

7. Payment Reminders: Local Touch Media Ltd. will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that due's are paid on time and the email address on file is working and allowed to receive reminders from PayPal.com and Local Touch Media Ltd. Once a payment reminder dispatched from Local Touch Media Ltd. it is considered as a valid payment reminder. Local Touch Media Ltd. does not take any responsibility for non deliverable email addresses or e-mail's sent by Local Touch Media Ltd. Or PayPal.com not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice from Local Touch Media Ltd. The third day and the fifth day, second and third payment reminders will be sent by Local Touch Media Ltd. From the seventh day customer services may be suspended temporarily for non-payment.

 

Public Feedback

1. We have a zero tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our "Suggestions & Complaints" Department to discuss your issue, this will result in immediate account termination without any refund.

Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client that we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Complaints Department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGNUP with Local Touch Media Ltd. in the first place.

Furthermore, all of our policies that pertain to keeping information given to us confidential including but not limited to our privacy policy, confidentiality agreement, non-disclose agreement are nullified once you discuss your experience publicly. For example, if you make a negative post in public, then you are waiving your protection of privacy.

Situations of Refunds

1. Without waiving any of its other rights under this Agreement, Local Touch Media Ltd. offers to its Customers a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day Local Touch Media Ltd. dispatch of your welcome email including your account information or the day you place the order with us, whichever comes first. Local Touch Media Ltd. will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Local Touch Media Ltd. and does not apply to any changes to your service at any time.

Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees. Or any additional services that we may add after the posting.

 

Account Cancellations

1. Customers may voluntarily cancel their account at any time, for any reason or for no reason, by opening a ticket to our Billing Department with required details. Local Touch Media Ltd. requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that Local Touch Media Ltd. does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any time money back guarantee or 30 day money back guarantee.

All cancellation requests must be made directly to Local Touch Media Ltd., Billing Department by opening a ticket. Cancellations requests are not accepted by postal mail or by phone. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Local Touch Media Ltd. reserves the right to terminate the customer account with immediate effect with or without any prior notice.

 

Agreement

1. Local Touch Media Ltd. may modify these terms and conditions upon notice published online via LocalTouchMedia.ca. User's use of Local Touch Media Ltd. services after such notice shall constitute user's acceptance of the modifications to this Agreement.

2. This agreement, User account, contract, and billing will automatically renew unless canceled in writing prior to the renewal date.