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Localbookmark.it’s Easy Site Creator Terms of Use

Localbookmark.it provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by Localbookmark.it are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Localbookmark.it, from any claims resulting from the subscriber's use of Localbookmark.it’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Localbookmark.it built website. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Localbookmark.it servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Adult Sites
  • Game Servers (dedicated game server programs)

Localbookmark.it will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

·         High volume email deployments of any type are not permitted with any Localbookmark.it account.

·         Spamming, i.e. the sending of unsolicited email, from any Localbookmark.it server or any server located on the Localbookmark.it network is STRICTLY prohibited. Localbookmark.it will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Localbookmark.it.

·         Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Localbookmark.it customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Localbookmark.it -hosted domain, or referencing any Localbookmark.it web account, is prohibited.

·         Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

·         Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

·         Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a Localbookmark.it server or subscriber of Localbookmark.it is strictly prohibited including, but not limited to:

·         Logging into a server or account that you are not authorized to access

·         Accessing data or taking any action to obtain services not intended for you or your use

·         Attempting to probe, scan or test the vulnerability of any system, subsystem or network

·         Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

·         Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

·         Interfering with, intercepting or expropriating any system, data or information

·         Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. 
All sub-networks of Localbookmark.it and all dedicated servers must adhere to the above policies. 

Scheduled Maintenance and Downtime
Localbookmark.it will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Localbookmark.it 's control or which are not reasonably foreseeable by Localbookmark.it, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Localbookmark.it will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Localbookmark.it has no responsibility for downtime resulting from a user's actions. 

Domain
Web domains are provided for free in both the Professional and Premium accounts for as long as long as you utilize the Localbookmark.it Easy Site Creator service, if you wish to move your domain to another hosting provider, you will be required to pay a $20 fee.

Any violation of Localbookmark.it 's Terms of Service Agreement shall result in immediate termination with no refund.

Promotional Use
Localbookmark.it may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by Localbookmark.it may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Localbookmark.it website. This reference will be strictly limited to disclosure that Localbookmark.it has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Localbookmark.it. However, Localbookmark.it may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Localbookmark.it under this Agreement shall not be deemed .Work For Hire,. but Localbookmark.it shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Localbookmark.it.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the monthly due date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the monthly due date, the account will be terminated and all information within the account will be deleted and the domain name will be put on sale.

Cancellation Procedure: Valid proof of account ownership will be required to terminate a Localbookmark.it account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Domain Name Transfers: Localbookmark.it shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: Localbookmark.it will register any available .com, .org, or .net domain for free upon creation of a new Professional or Premium account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Limitation of Damages
Recovery of damages from Localbookmark.it may not exceed the amount of fees it has collected on the account. 

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Localbookmark.it.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Localbookmark.it administrators without prior notice.

All prices are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Localbookmark.it maintains the right to terminate accounts without prior notification.

Dispute Resolution
Any dispute between Localbookmark.it and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Texas law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Lubbock County, Texas, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

The Opportunity
Does your business still not have a website?  With hundreds of millions of potential customers searching the web each day for local companies, if you don't have a website you are losing out to your competitors.

The Solution
The Easy Website Creator service helps local businesses publish professionally designed websites, specific to over 300 industries - all in a matter of minutes, with no programming expertise needed at all!

The Price
Something this customized & hands-free has to be expensive, right? Absolutely not! With pricing starting at only $9.95 a month, you've run out of excuses for not getting your company online.

Easy Site Creator from LocalBookmarkIt makes it ridiculously simple to create a business website.

Makeuseof.com
the process
1
choose your URL
2
pick out a design
3
answer a few questions about your business
get started
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