Technology LLC ("The Company")
agrees to furnish services to the Subscriber, subject to the
following TOS and AUP agreements. Use of
Lowest Host/Empire Technology LLC
Service constitutes acceptance and agreement to the Terms of
Service and Acceptable Use Policy. Changes to the TOS or Acceptable
Use Policy by the Company shall not be grounds for early contract
termination or nonpayment. This Agreement shall be construed
in all respects in accordance with and governed by American
Law and shall be subject to the exclusive jurisdiction of the
Terms of Service
Term/Termination of Web Hosting Agreement
to Law Enforcement: Any illegal activities will be reported
to the proper authorities and those accounts will be canceled.
Therefore, the Subscriber agrees that the Company may disclose
any and all subscriber information including assigned IP number
if law enforcement agent who makes a written or verbal request
without further consent or notification to the Subscriber. In
addition Lowest Host shall have the right to terminate all service
set forth in this Agreement.
of Web Hosting Agreement
a. The initial
term of this Agreement shall be as set forth in the Order Form
(the "Initial Term"). The Initial Term shall begin
upon commencement of the Services to Customer. After the Initial
Term, this Agreement shall automatically renew. ADDITIONALLY
AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE
Lowest Host/Empire Technology LLC TO AUTOMATICALLY BILL AND/OR
CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH
AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER
PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all
successive renewal periods shall be referred to, collectively,
as the "Term." All fees are paid in advance of the
term being covered if you are paying via E-Check your term begins
after the E-Check has cleared.
must provide their legitimate name and address when registering
details must match information provided by payment method.
details must match information provided by payment method.
false contact information of any kind may result in the termination
of your account.
Agreement may be terminated
i. by either
party by giving the other party thirty (72) hours prior written
notice (before the next billing period), in writing via our
cancellation request button or by opening a support request
email requests sent to the wrong email address or sent
without proof of the account holder will not be honored. A valid
order cancellation receipt will be sent immediately if our cancellation
request button is used and within 12 hours after a support technician
replies to your request if using our support desk.
ii. By Lowest
Host/Empire Technology LLC in the event of nonpayment by Customer,
Lowest Host/Empire Technology LLC provides the Client with a
10 day grace period for payment on most services (other specific
service listed below). A service will be interrupted or deactivated
on outstanding accounts that reach 10 days past the due date.
The Company does reserve the right to deactivate or terminate
a service prior to the end of the 10 day grace period. If your
account goes beyond the 10 Grace period during a billing period
your account will be assessed a 20% late fee, after 30 days
you account will be terminated and all data removed from our
servers. Lowest Host/Empire Technology LLC under certain circumstances
if your account is suspended for nonpayment Lowest Host/Empire
Technology LLC reserves the right to delete all data to make
room for paying customers ( we are not a FREE storage service)
servers: In the event of nonpayment by Customer, Lowest Host/Empire
Technology LLC provides the Client with a 5 day grace period
for payment on Dedicated Servers. A service will be interrupted
or deactivated on outstanding accounts that reach 5 days past
the due date. The Company does reserve the right to deactivate
or terminate a service prior to the end of the 5 day grace period.
If your account goes beyond the 10 day days late during a billing
period your account will be assessed a 20% late fee. Dedicated
servers that reach 10 days past due will be released to general
public and may be re-imaged & resold.
License Lease: In the event of nonpayment by Customer, Lowest
Host/Empire Technology LLC provides the Client with a 0 day
grace period for payment on Software Licenses. A License will
be deactivated until outstanding accounts are brought current.
If your account goes beyond the 10 Days late period during a
billing period your account will be assessed a 20% late fee.
a service is deactivated due to nonpayment the service in question
will only be reactivated once payment for the outstanding balance
has been received in full. If all services on an active account
are deactivated all outstanding invoices must be paid in full
before any one service will be reactivated. The Company reserves
the right to keep a service deactivated until funds paid via
check including check have cleared.
All Payment disputes will be processed through our Billing department
If A charge back to any of our payment processors Empire Technology
(includes E-check) or Paypal all services will be terminated
& a $35 processing fee will be levied to your account.
For E-check Payments through Empire Technology a $35 Fee will
be added to your account for returned checks NSF in your checking
Lowest Host/Empire Technology LLC, at any time, without notice,
if, in Lowest Host/Empire Technology LLC's sole and absolute
discretion and/or judgment, Customer is in violation of any
term or condition of the this Agreement and related agreements,
AUP, or Customer's use of the Services disrupts or, in Lowest
Host/Empire Technology LLC's sole and absolute discretion and/or
judgment, could disrupt, Lowest Host/Empire Technology LLC's
business operations and/or
d. If you
cancel this Agreement prior to the end of the Initial Term or
any Term thereafter,
i. you shall
be obligated to pay all fees and charges accrued to the effectiveness
of such cancellation,
Host/Empire Technology LLC shall refund to you all pre-paid
fees for basic hosting services (shared, dedicated and/or managed)
up after effectiveness of cancellations before 30 days (i.e.,
no partial month fees shall be refunded), less any setup fees
and any discount applied for prepayment,
shall be obligated to pay 100% of all charges for all Services
for each month remaining in the Term
Host/Empire Technology LLC may terminate this Agreement
i. if the
Services are prohibited by applicable law, or become impractical
or unfeasible for any technical, legal or regulatory reason,
by giving Customer as much prior notice as reasonably practicable
by giving written notice to Customer, if Lowest Host/Empire
Technology LLC determines in good faith that Customer's use
of the Customer Web site or the Customer Content violates any
term or condition. If Lowest Host/Empire Technology LLC cancels
this Agreement prior to the end of the Term for your breach
of this Agreement and related agreements, the Customer's use
of the Services disrupts, Lowest Host/Empire Technology LLC
shall not refund to you any fees paid in advance of such cancellation
and you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such cancellation; further, you
shall be obligated to pay 100% of all charges for all Services
for each month remaining in the Term and Lowest Host/Empire
Technology LLC shall have the right to charge you an administrative
fee of $50.00.
termination of this Agreement for any cause or reason whatsoever,
neither party shall have any further rights or obligations under
this Agreement, except as expressly set forth herein. Termination
of this Agreement and retention of pre-paid fees and charges
shall be in addition to, and not be in lieu of, any other legal
or equitable rights or remedies to which Lowest Host/Empire
Technology LLC may be entitled.
NOTICE: All Payments To Lowest Host/Empire Technology. Are Nonrefundable
unless they fall under the 30 Day Money Back Guarantee!
h. Non refundable
Item SSL certificates, Domain names, External Cpanel Licenses,
R1 soft Licenses, and server set up fees all sales are final
at the time of purchase.
i. For Dedicated Servers there will Be a 1 time restocking
Fee for Items returned before the 30 Days equal to the server
set up fee If no set up fee was charged it shall be equal to
the first months server lease, additionally any software licenses
leased with the server client shall be responsible for the full
i. All external
software licenses IE: cpanel, r1 soft, fatastico, etc will be
deactivated at the end of the billing period if not paid in
Lowest Host/Empire Technology LLC offers Unmanaged VPs Hosting
that does not include any type of managed services with the
exception of hardware or network issues. Any issues regarding
failure of hardware or problems with network may be reason for
unmanaged clients to request support from our Help Desk All
other requests by unmanaged clients may be charged an administration
fee for service.
Fees Lowest Host/Empire Technology LLC reserves the right to
charge an unmanaged client for managed services requested for
all other problems not related to hardware or network issues.
Pricing for specific tasks are defined below:
Pricing is for per issue basis
Support ticket opened for non-related hardware/network issues:
$3/per ticket and/or request. If the issue can be resolved in
15 Min or less there will be no further charges. All issues
the require more than 15 Min to resolve standard software Remote
hands fees apply.
Remote Hands Fees: $60 hr billed in 1/2 hr increments
Basic Setup + Basic Security Hardening: $30
Recompile PHP/Apache: $30
Recompile PHP/Apache + Add Mod Security Custom Rule Set: $40
Non-approved or non-standard software install: $60/hr with a
minimum of 1/2 hour billed
cPanel Exim Mail Secure (Protects from SPAM): $30
Re-Install OS/control Panel: $20
Reinstall OS/control Panel + Basic Setup: $40
Reinstall OS/control Panel + Basic Setup + Security Hardening:
from backup $20
Dedicated Hosting (Dedicated Servers)
Host/Empire Technology LLC offers Managed Dedicated servers
that do not include certain time consuming features. Any issues
listed below. All other requests by managed clients may be charged
an administration fee for service.
reinstall: (reinstall your OS to a fresh blank image) $25
user account accounts from backup as a result of a crashed
or root compromised server. Note: Lowest Host/Empire Technology
LLC does not backup your dedicated server you (the client
are responsible for maintaining backups), However if you are
using backup space on one of our backup servers or our R1
Soft continuous backup solution we will install from the location
you specify for a nominal administration fee listed below.
from backup our backup server, spare hard drive. Or third
party location: Price varies open a ticket to get quote.
from R1soft continuous backup solution: Free
attempt to restore from a failed or corrupted Hard drive:
or nonstandard software install: $60/hr with a minimum of
1/2 hour billed
and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed
Usage"). Lowest Host will monitor Customer's bandwidth and
disk usage. Lowest Host shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any
and all Services, or termination of this Agreement, which
actions may be taken is in Lowest Host's sole and absolute
discretion. If Lowest Host takes any corrective action under
this section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action.
Fees for Data Transfer overages
Bandwidth Plans is on a fair use policy if you are abusing
the system you will be rate limited for the remainder of the
billing cycle if it become excessive you may be asked to upgrade
to a dedicated port. Clients who have purchased unmetered
dedicated Bandwidth this does not apply
is billed from the first of the month to the end of the month
regardless of your billing cycle
per GB if not pre paid
or $5 per Mbs if billed on the 95 percentile
If prepaid see our upgrades page
If you have a Credit Card on file you will be automatically
invoiced and billed at the lesser rate. If client usage exceeds
allotted amount Bandwidth during a given transfer period and
payment in full cannot be obtained immediately when the invoice
generated your account will be immediately suspended. If the
client has no credit card file or has not prepaid the overages
your account will be suspended within 12 hours of the end of
the transfer billing period.
d. System and Network Security: Users are prohibited from violating
or attempting to violate the security of the Lowest Host Network.
Violations of system or network security may result in civil
or criminal liability. Lowest Host will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are
involved in such violations. These violations include, without
i. Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
Ii. Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures without proper authorization.
Iii. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
iv. Forging any MCP/IP packet header or any part of the header
information in any e-mail or newsgroups posting.
v. Taking any action in order to obtain services to which
such User is not entitled.
of Violation -
a. Lowest Host/Empire Technology LLC is under no duty to
look at each customer's or user's activities to determine
if a violation of the TOS/AUP has occurred, nor do we assume
any responsibility through our TOS/AUP to monitor or police
b. First violation: Any User, which Lowest Host determines
to have violated any element of this TOS/AUP, may or may
not receive an e-mail, warning them of the violation depending
on the type of violation. The service may be subject at
Lowest Host/Empire Technology's discretion to a temporary
suspension pending a User's agreement in writing, to refrain
from any further violations.
c. Second Violation: Users that Lowest Host determines to
have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
Suspension of Service or Cancellation: Lowest Host/Empire Technology
LLC reserves the right to suspend network access to any customer
if in the judgment of the Lowest Host/Empire Technology LLC
network administrators the customer's server is the source
or target of the violation of any of the other terms of the
TOS/AUP or for any other reason which Lowest Host/Empire Technology
LLC chooses. If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time
the customer's machines were suspended.
Lowest Host/Empire Technology LLC reserves the right to amend
its policies at any time. All Sub-Networks, resellers and
managed servers of Lowest Host must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate Cancellation. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions or
Indemnification: Lowest Host wishes to emphasize that in agreeing
to the Lowest Host Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies Lowest Host/Empire Technology
LLC for any violation of the Acceptable Use Policy (AUP) and
Terms of Service (ToS) that results in loss to Lowest Host/Empire
Technology LLC or the bringing of any claim against Lowest
Host by any third-party. This means that if Lowest Host is
sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
Lowest Host/Empire Technology LLC, plus all costs and attorney's
Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
c. Lowest Host/Empire Technology LLC takes no responsibility
for any material input by others and not posted to the Lowest
Host Network by Lowest Host. Lowest Host is not responsible
for the content of any other websites linked to the Lowest
Host Network; links are provided as Internet navigation
tools only. Lowest Host/Empire Technology LLC disclaims
any responsibility for any such inappropriate use and any
liability to any person or party for any other person or
party's violation of this policy.
d. Lowest Host/Empire Technology LLC is not responsible
for any damages your business may suffer. Lowest Host/Empire
Technology LLC does not make implied or written warranties
for any of our services. Lowest Host/Empire Technology LLC
denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by Lowest Host/Empire Technology LLC. Los of data because
of and not limited to Hardware failure, Network conditions,
and theft. It is not our responsibility to back up your
Lowest Host/Empire Technology LLC reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service) and our
other policies and agreements at any time and in any manner. Notice
of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service). If you violate of
our TOS/AUP and your account is terminated you are not entitled
to any refund as you entered a binding contract which you willfully