Copyrighted & the Digital Millennium Copyright Act (DMCA)
Hosting Lagbe provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Hosting Lagbe are subject to the following terms of service:
You agree to use all Hosting Lagbe services and facilities at your own risk. Hosting Lagbe specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Hosting Lagbe be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
i. Responsibility All content is solely your responsibility, not ours. You certify that you either created or have received permission to display the content on your website. We do not control the content posted through our servers, nor do we warrant the accuracy, completeness or quality of such content. Hosting Lagbe reserves the right to refuse or remove content which violates these terms of service, including but not limited to the Acceptable Use provisions outlined below.
ii. Backup Hosting Lagbe does not provide backup Services. Hosting Lagbe services are not intended for use as offsite storage. We are not responsible for content residing on our servers and cannot be held liable for loss of content. It is your sole responsibility to maintain a backup of all of your content. Hosting Lagbe, may at our sole discretion, and as a courtesy only, upon a customer request may be able to restore some or all of your data. Hosting Lagbe makes no guarantees regarding the availability of any or specific data.
iii. Copyrighted & the Digital Millennium Copyright Act (DMCA) Infringement of copyright is strictly forbidden. Such infringement includes, but is not limited to the sales of counterfeit goods, unauthorized copying of photography, books, music, video, film or any other copyright protected work. We reserve the right to remove, or request removal of content we deem to be infringing the copyright of third parties upon receiving a complete written complaint that complies with DMCA requirements. Any person or party wishing to file a complaint may file a complaint via email, as a PDF attachment, to: firstname.lastname@example.org Any person or party who knowingly misrepresents that material is infringing, or that it was removed or blocked through mistake or misrepresentation, is liable for any resulting damages incurred by the alleged infringer, the copyright holder or its licensee or the service provider.
1. How to submit a DMCA complaint The DMCA Section 512(c)(3)(A) requires the following when reporting an instance of copyright infringement:
a. The signature (physical or electronic) of the person authorized to act on behalf of the owner of an exclusive right this is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Counter notifications Counter notifications are legal requests for Hosting Lagbe to reinstate content or re-enable access to material claimed to be the subject of an infringing activity. If a proper counter notice is received, claiming that the material does not infringe copyright, Hosting Lagbe must notify the complaining party. If a lawsuit is not brought in district court within 14 days, Hosting Lagbe must permit restoration of the material to its location on the network. The law also requires very specific language in a counter notice. To be effective your counter notice must provide the following:
a. A signature, physical or electronic, of the subscriber.
. Identification of the material that has been removed of to which access has been disabled and the location at which the material appeared before it was removed or access to is was disabled.
c. A statement under penalty of perjury that the subscribed has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. d. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District court for the judicial district in which the address is located, or if the subscriber’s address is outside the United State, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notification under subsection (c)(1)(C) or an agent of such person.
Customer agrees that it shall defend, indemnify, save and hold Company Name harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hosting Lagbe, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hosting Lagbe against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Hosting Lagbe's server.
Hosting Lagbe reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Hosting Lagbe's server. Hosting Lagbe shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 7 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept For International transaction Paypal And for Bangladesh clients BKash,Rocket And other Mobile Banking. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 7 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy
All services provided by Hosting Lagbe may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hosting Lagbe and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Hosting Lagbe servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
Company Name shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Company Name servers going off-line or being unavailable for any reason whatsoever. Furthermore, Company Name shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Company Name servers. All damages shall be limited to the immediate termination of service.
Hosting Lagbe cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Hosting Lagbe are resold. Thus, certain equipment, routing, software, and programming used by Hosting Lagbe are not directly owned or written by Hosting Lagbe. Moreover, Company Name holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Hosting Lagbe sees fit. FURTHERMORE, Hosting Lagbe retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.