Laughing Place Communications, LLC Terms and Conditions for Web Hosting Services

PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH LAUGHING PLACE COMMUNICATIONS, LLC. These Terms, Conditions and Acceptable Use Guidelines represent the complete Agreement and understanding between Laughing Place Communications, LLC and you, the Laughing Place Communications, LLC accountholder, and supersede any other written or oral agreement pertaining to your Laughing Place Communications, LLC services. By using Laughing Place Communications, LLC services, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your Laughing Place Communications, LLC account.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF LAUGHING PLACE COMMUNICATIONS, LLC SERVICES AND NOTIFY LAUGHING PLACE COMMUNICATIONS, LLC SO THAT LAUGHING PLACE COMMUNICATIONS, LLC MAY INITIATE CLOSURE OF YOUR ACCOUNT.

Laughing Place Communications, LLC may be contacted by email at support@tdnetworking.com or by regular mail at:

Laughing Place Communications, LLC
363 North Orange Avenue
Sanford, FL 32771.

Laughing Place Communications, LLC reserves the right to modify the Terms, Conditions and Acceptable Use Guidelines, and/or modify the prices of its services, as well as discontinue or change the services offered. A notification will be made by email when modifications are made, however, it will be the responsibility of the accountholder to keep informed about these changes. Your continued use of Laughing Place Communications, LLC services following such notification will be deemed acceptance of the modification.

1.00 Provision of Services

1.01 This Agreement defines the terms, conditions, and acceptable use for all types of accounts offered by Laughing Place Communications, LLC. Laughing Place Communications, LLC "services" are defined as the use of computing, telecommunications, software, and information services provided by Laughing Place Communications, LLC. These services also include the provision of access to computing, telecommunications, software and information services provided by others via the global Internet.

1.02 Laughing Place Communications, LLC will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this agreement.

1.03 Laughing Place Communications, LLC reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which Laughing Place Communications, LLC, in its sole discretion, believes violates these Terms, Conditions and Acceptable Use Guidelines, or is otherwise harmful to Laughing Place Communications, LLC's interests or the interests of other accountholders.

1.04 You may only use Laughing Place Communications, LLC's services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through Laughing Place Communications, LLC services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.

1.05 To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, Laughing Place Communications, LLC reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. Laughing Place Communications, LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.

1.06 When Laughing Place Communications, LLC becomes aware of possible violations of this Agreement, Laughing Place Communications, LLC may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on Laughing Place Communications, LLC's servers. During investigations, Laughing Place Communications, LLC may suspend accounts involved in a violation and/or remove the material involved from its servers. If Laughing Place Communications, LLC believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from Laughing Place Communications, LLC servers, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. Laughing Place Communications, LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability.

1.07 You are responsible for obtaining the Internet access required to connect to Laughing Place Communications, LLC services, including computer hardware, software and Internet access provider services. Laughing Place Communications, LLC does not provide Internet access services, hardware or software. You are responsible for ensuring that such equipment or service is compatible with Laughing Place Communications, LLC's requirements.

1.08 Any use of Laughing Place Communications, LLC scripts or software or third-party scripts or software distributed by Laughing Place Communications, LLC is governed by the End-user License Agreement that accompanies such scripts or software. Use of such software indicates your acceptance of the terms therein.

1.09 Certain services performed by Laughing Place Communications, LLC may require passing personal information about Laughing Place Communications, LLC accountholders to third parties. Services include, but are not limited to, registering information with the InterNIC for those accountholders who wish to own their own Internet domain name. Laughing Place Communications, LLC can not be held responsible for the lack of privacy that these third party entities may offer.

1.10 Laughing Place Communications, LLC reserves the right to obtain, lease and utilize the products and services of third party vendors in order to maintain services to it accountholders. Examples of services may include, but are not limited to, Internet connections, Internet servers, or any other product or service that Laughing Place Communications, LLC deems necessary to maintain services to its accountholders.

2.00 Payment of fees

2.01 Current monthly and set-up fees for Laughing Place Communications, LLC services can be found on the Web on the Laughing Place Communications, LLC site found at http://www.tdnetworking.com. Laughing Place Communications, LLC will publish an online notice of fee increases at least 30 days before such increases take effect.

2.02 Laughing Place Communications, LLC services are offered on a pre-pay basis. Payment for a minimum of one month of services must be received prior to the proceeding month's start date. The only exception to this rule is in the first month of services to an account. Payment for the first month must be received by the end of the first 30 days of service to the account. Accounts that do not abide to the payment terms set forth herein are subject to suspension and/or account termination. You acknowledge responsibility that, even if your account is terminated, you will be held liable to for any balance owed on the account.

2.03 Acceptable means of payment are defined on our web site at http://www.tdnetworking.com/help/payment/. Payment for a Laughing Place Communications, LLC account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

2.04 Laughing Place Communications, LLC reserves the right to charge a setup fee to reinstate suspended or terminated accounts.

2.05 There is a $15.00 service charge for each returned check.

2.06 If you believe Laughing Place Communications, LLC has billed you incorrectly, you must contact Laughing Place Communications, LLC no later than 30 days after the date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Laughing Place Communications, LLC's billing department (billing@tdnetworking.com), and should include all available information about the suspected error.

2.07 If you have elected to have Laughing Place Communications, LLC make automatic payments against your credit card, and your credit card expires, Laughing Place Communications, LLC, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If Laughing Place Communications, LLC is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to Laughing Place Communications, LLC when requested, Laughing Place Communications, LLC may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account.

3.00 Cancellation of Accounts

3.01 To cancel your account, you must contact Laughing Place Communications, LLC support via email or postal mail. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in Laughing Place Communications, LLC's billing records. If the information provided to Laughing Place Communications, LLC for an account does not match the account's records, cancellation may be delayed or prevented.

3.02 All cancellation requests must be received by 3:00 PM Eastern Standard Time on a regular business day (holidays excluded) to be processed the same day. Otherwise, your request may not be processed until the following business day. Regular business days are Monday through Friday.

3.03 All Laughing Place Communications, LLC accounts must be paid in full before a cancellation will be considered complete.

3.04 If a Laughing Place Communications, LLC account is canceled, suspended or terminated, Laughing Place Communications, LLC may maintain the account for 30 days. You may contact Laughing Place Communications, LLC within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. Laughing Place Communications, LLC reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms, Conditions and Acceptable Use Guidelines. If you do not contact Laughing Place Communications, LLC within 30 days, your account and associated files will be deleted from Laughing Place Communications, LLC's servers, and Laughing Place Communications, LLC will not be able to reopen it or restore files. Laughing Place Communications, LLC is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of the Terms, Conditions and Acceptable Use Guidelines.

4.00 "As Is" Services; Limitation of Liability, Idemnification

4.01 "As Is" Services. You acknowledge that Laughing Place Communications, LLC services are provided "as is". Laughing Place Communications, LLC, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Laughing Place Communications, LLC services will be uninterrupted or error free. Laughing Place Communications, LLC expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

4.02 Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use Laughing Place Communications, LLC services, other than for payment of fees due under Section 3 and for indemnification under section 4.0, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through Laughing Place Communications, LLC is at your own risk. Under no circumstances will Laughing Place Communications, LLC be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on Laughing Place Communications, LLC's services and systems.

You agree to waive and hold Laughing Place Communications, LLC harmless from any claims relating to any action taken by Laughing Place Communications, LLC as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means you cannot sue or recover any damages whatsoever from Laughing Place Communications, LLC's decision to remove material from its servers, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of Laughing Place Communications, LLC's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms, Conditions and Acceptable Use Guidelines.

IN NO EVENT SHALL LAUGHING PLACE COMMUNICATIONS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF LAUGHING PLACE COMMUNICATIONS, LLC'S SERVICES. LAUGHING PLACE COMMUNICATIONS, LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT LAUGHING PLACE COMMUNICATIONS, LLC'S OPTION, EITHER RETURN OF THE SERVICE FEES PRE-PAID OR REPLACEMENT OF SERVICES. In any case, Laughing Place Communications, LLC's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and Laughing Place Communications, LLC limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

4.03 Indemnification. You agree to defend, indemnify and hold Laughing Place Communications, LLC harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any provisions of this Agreement or your placement of transmission of any materials or content onto Laughing Place Communications, LLC's servers, or from any and all use of your account, with or without your knowledge or consent.

5.00 Acceptable Use Guidelines

5.01 Use of Services

5.01.1 The accountholder agrees to use Laughing Place Communications, LLC's services only for lawful purposes, in compliance with all applicable laws, and in accordance with all provisions set forth in the Terms, Conditions and Acceptable Use Guidelines. Violation of any provision of this Agreement is grounds for immediate termination of your Laughing Place Communications, LLC account.

5.01.2 The accountholder of record is responsible for all use of the account, with or without the knowledge of consent of the accountholder.

5.02 Use of Material

5.02.1 Materials in the public domain (e.g., images, text and programs) may be downloaded or uploaded using Laughing Place Communications, LLC services. Accountholders may also re-distribute materials in the public domain. The accountholder assumes all risk regarding the determination of whether the material is in the public domain.

5.02.2 The accountholder is prohibited from storing, distributing or transmitting any unlawful material through Laughing Place Communications, LLC services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, MP3 files and copyrighted, trademarked and other proprietary material used without proper authorization. The accountholder may not post, upload or otherwise distribute copyrighted material on Laughing Place Communications, LLC's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the accountholder to criminal as well as civil liability, in addition to account termination.

5.02.3 The account holder may not store or distribute certain other types of material on Laughing Place Communications, LLC's servers. Examples of prohibited material include, but are not limited to, material judged, at Laughing Place Communications, LLC's sole discretion, as threatening, obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

5.03 Passwords

5.03.1 Each Laughing Place Communications, LLC account user is responsible for the security of his or her password(s). Secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The accountholder is responsible for changing his or her password(s) regularly.

5.03.2 Laughing Place Communications, LLC staff may monitor the security of accountholder's password(s) at any time. An account with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by Laughing Place Communications, LLC; continued failure to maintain password security may be grounds for account termination.

5.04 System Security

5.04.1 The accountholder is prohibited from utilizing Laughing Place Communications, LLC services to compromise the security or tamper with system resources or accounts on computers at Laughing Place Communications, LLC or any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.

5.04.2 Laughing Place Communications, LLC reserves the right to release the usersnames of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Laughing Place Communications, LLC will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

5.05 System Resources

5.05.1 Laughing Place Communications, LLC will allocate system resources to provide all accountholders with the best service possible. As a part of resource allocation, Laughing Place Communications, LLC may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.

Additionally, Laughing Place Communications, LLC may institute services and fees for accountholders who are interested in accessing system resources above and beyond acceptable usage.

5.05.2 System abuse is defined as any use Laughing Place Communications, LLC resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of Laughing Place Communications, LLC servers.

5.06 Web Page Publishing Guidelines

5.06.1 The accountholder is solely responsible for the content of Web pages owned by the account.

5.06.2 Laughing Place Communications, LLC will investigate complaints regarding inappropriate material on Web pages hosted on Laughing Place Communications, LLC servers and may, in its sole discretion, require that the material be removed or take action as outlined in 5.01.1 above. Criteria for determining whether a page is in appropriate include, but are not limited to, the system resources consumed by the page and applicable laws.

5.06.3 Your account may be subject to additional fees depending on the total web transfers or "hits" to your account. The exact details of this rule depend on the type of account and are set forth in the account service features list located on the Laughing Place Communications, LLC web site at http://www.tdnetworking.com.

5.07 Email Use

5.07.1 Laughing Place Communications, LLC will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in 5.02.2 and 5.02.3 above, Laughing Place Communications, LLC may take action as outlined in 5.01.1 above.

5.07.2 Laughing Place Communications, LLC accountholders may not send email to any user who does not wish to receive it. Laughing Place Communications, LLC recognizes that email is in informal medium; however, accountholders must refrain from sending further email to a user after receiving a request to stop.]

5.07.3 Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Laughing Place Communications, LLC accountholders may send advertising material only to addresses which have specifically requested it. Laughing Place Communications, LLC will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.

5.07.4 Laughing Place Communications, LLC accountholders may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.

5.07.5 Laughing Place Communications, LLC accountholders may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages.

5.07.6 Violations of the Laughing Place Communications, LLC policies outlined in this document can sometimes result in massive numbers of email responses. If a Laughing Place Communications, LLC accountholder receives so much email that Laughing Place Communications, LLC resources are affected, Laughing Place Communications, LLC staff may shut down the accountholder's mailbox.

5.08 FTP Use

5.08.1 There is a 50MB per day account upload limit on FTP transfers to Laughing Place Communications, LLC's servers. Accountholders who surpass the limit or which consume an excessive percentage of Laughing Place Communications, LLC's FTP resources may receive a warning from Laughing Place Communications, LLC. Accountholders interested in consistently uploading more than the limit may be subject to additional fees set forth by Laughing Place Communications, LLC.

5.08.2 Download transfers by FTP will be included in the total web transfers or "hits" as described in section 5.06.3.

6.00 Miscellaneous

6.01 This agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of and venue in court of competent jurisdiction located in Washington County, Pennsylvania.

6.02 Section 4 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.

6.03 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

6.04 Data back-up is the responsibility of the accountholder.

6.05 No refunds will be issued after the 90 day trial period for pre-paid accounts.

 

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