Lumino Web Design (hereinafter “LWD”) offers Internet access and related services, including the hosting of websites, through its system to its subscribers. LWD does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. This contract sets forth the basic rules that apply to LWD’s services and use of its system. LWD may change the Terms of Service (TOS) in the future upon notice published on-line or otherwise provided by LWD. By using LWD's services and system, a subscriber AGREES TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS OF SERVICE as published online or otherwise available from LWD from time to time. If the Terms of Service, LWD's services, system, or pricing is, or becomes, unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the section labeled "Termination and Suspension" below. LWD provides its services to subscribers subject to the following TOS, which may be updated from time to time without notice. Subscribers should periodically review the most current version of the TOS at http://www.Lumino-Web.com/Menu/About/Terms-of-Service. By using LWD's services, the subscriber agrees to (and hereby signs) the most current version of the TOS.
Disputes between the parties shall be arbitrated with the ordinary court of law within Lumino Web Design’s legal venue and within the bounds of Florida law, in the case that the parties cannot agree to a settlement of the dispute with normal negotiations.
This contract is signed by both parties, indicating agreement to all of the terms contained here within.
Lumino-Web.com's system and services may only be used for lawful purposes and in a manner which Lumino-Web.com believes, in its sole discretion, to be consistent with the rights of other Lumino-Web.com subscribers and third parties. While Lumino-Web.com is not responsible for the content of hosted websites, content on all Lumino-Web.com hosted websites must comply with all laws and must not infringe the rights of any third party. Lumino-Web.com's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Lumino-Web.com's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Lumino-Web.com's system must comply with the rules for such other networks.
CHANGES TO SERVICE
The services provided by LWD and LWD's system are expected to change from time to time. LWD reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
A subscriber must pay fees per LWD's rate schedule in effect from time to time as a condition to obtaining access to LWD's services and system. A subscriber also must pay any sales, use or like taxes if applicable. If the payment method is by credit or debit card and payment is not received by LWD from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by LWD. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly/Annual charges will not be pro-rated. The subscriber agrees to pay the first year of monthly fees in advance. Thereafter LWD fees will be paid quarterly. Price increases may occur once per year on the anniversary date of this contract. Price increases shall not exceed Consumer Price Index (CPI) for the Indian River County Area for the 12-month period preceding the contract anniversary date.
TERMINATION AND SUSPENSION
Either subscriber or LWD may, at its sole discretion, terminate the subscriber's account at any time with or without reason. LWD also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges and/or annual charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. LWD may delete all data, files or other information that is stored in subscriber's account of hosted website upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
As a courtesy to subscribers, LWD has accumulated a library of software that is "shareware" or "freeware". LWD is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. LWD makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to subscribers. LWD accepts no liability of any kind with respect to such software or any damages resulting from use thereof. Subscriber and any other user assumes all risk of all kinds with respect to such software. Subscriber and not LWD must pay all shareware license fees. No subscriber or user will assert any claim against LWD with respect to any shareware or freeware obtained through LWD.
LIMITATION OF LIABILITY
Use of LWD's services and system and the Internet in general is at user's sole risk. LWD does not warrant that its services and system will be uninterrupted, error free, free from unauthorized intrusion, or that LWD's services or system will meet any particular criteria of performance or quality; nor does LWD make any warranty as to the results or information obtained from use of its service or system or the internet in general. LWD's services and system are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall LWD be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits. Without limiting the foregoing, LWD will not be liable for damages resulting from the use or inability to use all or any part of LWD's system or services, reliance by any person on information obtained through LWD's service or the Internet, deletion or loss of files or e-mail, viruses, any delay or failure of performance, or unauthorized access to records or files. The maximum liability of LWD to any subscriber or user for any and all loss, claim, damage or liability of any kind, including due to LWD's negligence, shall be limited to the amount paid by the subscriber or user to LWD during the six month period preceding the claim. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to every subscriber.
The subscriber agrees to indemnify and hold harmless LWD, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's website whether or not authorized.
Subscriber's account and right to use LWD's services and system is not transferable without LWD's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
LWD treats e-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits LWD limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect LWD's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where LWD receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of LWD's system. In addition, although LWD has implemented certain security measures, LWD cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of LWD. These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Florida without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.