Last Revised: 1/9/2024
1. Overview
This Hosting Services Agreement (“Services Agreement”) governs your use of the website hosting services provided by Luminos, LLC via the Throan.com website (“Hosting Services”).
2. DESCRIPTION OF SERVICES
- Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee.
- Premium Support: Premium Support plans are monthly subscription plans that provide you with customer support services.
- Expert Services: Expert Services are additional custom support services available for a set fee. These Expert Services can provide assistance if you need custom services performed.
3. ACCOUNT TERMINATION; LIMITATIONS
3.1 Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
3.2 Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
3.3 Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.
3.4 Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Luminos hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Luminos does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
4.1 Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
4.2 Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Luminos, Throan.com, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Services Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Services Agreement. You further acknowledge and agree that Luminos reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Luminos’ sole discretion for security purposes.
4.3 Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
4.4 Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Services Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
5. PROVISIONS SPECIFIC TO WEB HOSTING
5.1 Plan Limits. All Web Hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO; f) 5G of disk storage. Any account that exceeds these limits may be issued a violation warning and will be required to reduce the number of gigabytes, or may be temporarily or permanently suspended, in our sole discretion.
You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
5.2 Optimization for Web Hosting. As part of the Service, and for continued improvement, you are opted into Google Core Web Vitals (CWV). This allows us to identify internal bottlenecks and optimization opportunities by inserting a small snippet of JavaScript code into customer websites. The snippet of JavaScript code allows us to measure and track the performance of your website and collects information such as connection time and page load time. We don’t collect any user information with CWV. The data we collect allows us to improve our systems, optimize DNS resolution, improve network routing and server configurations.
5.3 Website/Server Content. Your website may not include any of the following content: (1) banner ad services for display on other websites or devices (commercial banner ad rotation); (2) backups of content from another computer or website; or (3) any script that causes a degradation in the performance of our server or network environment.
5.4 Unlimited Bandwidth. Web Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth. This means that we do not set a limit on the amount of bandwidth you may use in the operation of your website, provided it complies with this Services Agreement. In the event the bandwidth of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to pay additional fees, or we may take action to restrict the resources your website is utilizing.
5.5 Content Delivery Network. We provide a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that we may discontinue or suspended at any time our provision of a CDN feature.
6. PROVISIONS FOR CUSTOMER SUPPORT
6.1 Premium Support. If you elect to use our Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of Premium Support Services. You acknowledge and agree that you shall not use Premium Support Services in a manner that, as determined by us in our sole and absolute discretion:
- displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); oruses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.
6.2 Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen (14) days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen (14) days of any Expert Services.
6.3 Domain Registrations. If you have your Web Hosting with us, but your domain name is registered with a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the domain registration us (“Domain Registration”). Domain Registrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Domain Registration. Each domain registration company has technology that is configured differently, and some companies save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.
You are solely responsible for reviewing the functionality and accuracy of migrated domain registrations and DNS settings following a Domain Registration. We will not perform website backups or archives in connection with a Domain Registration, and we recommend that you back up your DNS settings with the third-party domain registration company before migration to ensure that no data is lost. You agree not to make any changes or revisions to your DNS settings during the Domain Registration migration process.
You agree that we are not liable for any delay in website resolution or loss of data related to your Domain Registration migration.
7. SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
8. THIRD PARTY SOFTWARE
8.1 Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Services Agreement.
8.2 Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.
Luminos may provide your personal information to third-party providers as required to provide the third-party Software. Luminos reserves the right to modify, change, or discontinue provision of the Software at any time.
Luminos makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.
You will indemnify, defend, and hold harmless Luminos from and against any and all claims imposed upon or incurred by Luminos directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.
The Hosting Services may be operated in either Linux® or Windows® environments.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
8.3 Additional Terms and Conditions Applicable to Protected Data. Any use of any Hosting Services that involves You storing specially protected data is subject to the following additional terms:
- You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
- You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
- You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; and
- You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.
9. AMENDMENTS TO THE SERVICES AGREEMENT
9.1 Changes to This Services Agreement. We reserve the right to amend, modify, or otherwise change this Services Agreement at any time, and such changes shall be effective immediately upon posting on the Throan.com website. It is your responsibility to review this Services Agreement periodically for any updates or revisions. Your continued use of Hosting Services following the posting of any changes constitutes your acceptance of those changes.
9.2 Notifications. We may, at our sole discretion, provide notice of material changes to this Services Agreement via email or through a notice on the website. However, you acknowledge and agree that it is your responsibility to regularly check this website for any updates or changes to Services Agreement, and that failure to do so does not relieve you of your obligations under this Services Agreement.
We expressly reserve the right to make changes to the Services Agreement without prior notice, and you agree that we shall not be liable to you or any third party for any modifications, amendments, or discontinuations of this Services Agreement.