We will setup your account after we have received your payment and payment is confirmed as not fraudulent. Your payment will be checked by 2Checkout AntiFraud Department and Lotosus.com Sales Team. We may check customer input to confirm your information. Any irregularities will be cause for refusal. We reserve the right to refuse service, terminate accounts, and/or cancel orders at any time with no reason provided.
Payment for Services
You agree to supply appropriate payment for the services received from Lotosus.com, in advance of the time period during which our services are provided. You can also be billed automatically until you will contact us with your request to cancel hosting account.
If there are issues associated with the recurring payments and they are not marked as paid (when the New Invoice email is being sent), you agree to contact Lotosus so we can mark it as paid. In case of no contact, you agree to take the full responsibility that could’ve been caused by the wrongfully suspended account(s), including but not limited to: data loss, loss of reputation and/or loss of customers, visitors.
All services provided by Lotosus.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography (LEGAL adult content is ALLOWED). No IRC’s, BNC’s, eggdrops, gaming services, torrent search scripts or unauthorized shell programs are allowed. There are no exceptions at any time for any reason. Accounts which use these programs or materials on Lotosus.com servers will be terminated without any warning. Once account is terminated for hosting illegal content, money refund is not available. We will never terminate main reseller account if any customer under reseller space violates our terms of service. We terminate the only account which makes troubles, but it’s reseller’s responsibility to make sure there are no illegal accounts hosted under his reseller space.
Customers cannot use 1% or more of system resources for more than 1 minute. All your actions are logged and account may be suspended (but NOT terminated). You cannot run any type of interactive real-time applications that require server resources (background scripts for example). Lotosus.com makes every reasonable effort to maintain operation of the Lotosus.com service however because as many events and circumstances are beyond the control of Lotosus.com, Lotosus.com does not in any way warrant or otherwise guarantee the availability of the Lotosus.com system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Lotosus.com.
Fair Use. For a Shared Account, “Fair Use” means:
a. Database queries may not exceed 1% of system resources in any second.
b. No more than 20 simultaneous processes on shared servers.
c. No more than 1% of the shared service CPU for a period longer than 1 minute; no more than 128 MB of the server memory resources at any given time.
d. No cron jobs with execution period shorter than 30 minutes. No more than 5 cron jobs per account.
e. No more than 10 simultaneous connections from a single IP.
f. Shared e-mail: IMAP protocol: 400 MB; POP3 protocol: 400 MB.
g. Shared Accounts may not be rented or leased.
h. No more than 5,000 MB allocated to music, video, or other multimedia files, including but not limited to .avi, .mp3, .mpeg, .jpg, .gif, .bmp and .png files.
i. No more than 5,000 MB allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium including, but not limited to, .rar, .zip, .tar, .gzip, .iso, .nrg, .ccd, .img, .sub, and bin/.cue files.
j. No more than 5,000 MB allocated to database dumps and/or backups including, but not limited to, .sql files.
k. No more than 5,000 MB allocated to executable files and all other files which are the result of compiling a program including, but not limited to, .exe, .psd and .bin files.
l. No more than 5,000 MB allocated to document files and all other files which are the result of document editing including, but not limited to, .doc, .docx, .odt, .xls, .xlsx, .ods and .pdf files.
m. No backups of hard drive or any other backups to a shared or reseller hosting account that consume more than 500 MB of disk space.
n. No more than 150,000 inodes per account.
o. No more than 400 emails per hour.
p. No more than 40 recipients per email sent.
q. If an email message sent to or your mailbox has a SPAM score, calculated by the SPAM Assassin daemon, greater than 15, the message will be automatically discarded.
r. If you receive more than 20 emails per minute at any given time, the email account may be temporarily blocked or MX Records may be temporarily changed.
s. No more than 500 MB per database and 250 MB per database table.
t. No more than 10,800 CPU seconds for any given calendar day; no more than 1,000 CPU seconds for any given hour of the day.
u. No more than 12,000 scripts or programs for any given calendar day; no more than 800 programs or scripts for any given hour of the day.
v. If the average execution time is longer than 5 seconds for a given day, we may, at our sole discretion, disable, suspend or immediately terminate your account with no refund.
w. No backups will be made if shared or reseller account disk space usage is over 500 MB.
x. No backups will be made if there are more than 500 email messages in any of the accounts.
y. If there are more than 1,000 email messages in any of the accounts, such mailbox will be cleaned and all emails permanently deleted.
z. No login abuse (continuous logins that are rejected due to incorrect password or any other reason) via webmail, cPanel and FTP. No logins via SSH (Shell).
Any user who sends out spam using our servers will have his hosting account suspended. Sending mass emails with links directed back to sites on our servers will be treated as spam. Any mass mails sending will be treated as spam. If you send mass emails from Lotosus.com servers, you are not eligible for refund.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Once your bandwidth was exceeded, hosting account will be suspended until the next month. If you want to get your account unsuspended immediately, you will need to upgrade your package.
The amount you are paying for hosting services will never be increased from the date of purchase. We may change our prices for new customers, but you will always have your hosting services at the price you have paid when registering your account.
You agree to use all Lotosus.com services and facilities at your own risk. Lotosus.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Lotosus.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Lotosus.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Lotosus.com, 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 the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Lotosus.com against all the liabilities. Lotosus.com shall be the sole arbitrator of what violates this policy.
Lotosus.com may without notice terminate your contract if you violate the TOS and/or policies or in the judgment of Lotosus.com acted inconsistently and could place unreasonable demands on the Company and its business operations.
Your account will be suspended in 3 days should we not receive payment or contact from you by then. Your service(s) will no longer be online. After your account is suspended, as a courtesy, we will extend you a 3-day grace period in which you have to pay the overdue amount. If the amount overdue remains unpaid at conclusion of the 3-day grace period, your account (including backups) will be terminated. Your web hosting account(s) will be constantly checked and terminated without any notice, including any other accounts associated with that domain name, if account’s domain name(s) no longer point to the Lotosus.com nameservers (mentioned in the web hosting activation email) and/or are expired.
You agree that Lotosus.com will not be liable to you or any third party for any termination of your contracted services. You agree that at any time Lotosus.com possess the right to modify or discontinue services with or without any reason and with or without notifying you, and that Lotosus.com and its personnel, will not be held liable or legally responsible for loss or damage incurred with such change.
You agree to defend Lotosus.com, its affiliated companies, officers, directors, employees, shareholders, and agents (an indemnified party and collectively, indemnified parties) from and against all claims, damages, losses, liabilities, suits, actions, proceeding: both legal and administrative, expenses threatened, asserted, or filed by you or a third party against any indemnified parties related to your use of services, violation of the terms and conditions, or breach of covenant in your agreement, or any omissions of yours. Meaning, that you pay any expense, including all cost and attorney’s fees, should a client, or a client’s customers files a suit against Lotosus.com. You agree to waive your right to participate in any class action suit against Lotosus.com or parties related to Lotosus.com.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons including the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that the company shall not be liable for any damages arising from such causes. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Money Back Guarantee
Our customers may cancel their hosting packages at any time. We give you 7 days money back guarantee. Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again (or if you have opened a second account with us), you will not be eligible for a refund. Secure server certificate, deposits, dedicated IP and domain registration fees are not refundable. Money refund is not available if you violated our terms of service.
Payment for Downtime
We will credit your Lotosus.com account 1% for every 5 minutes of the server downtime with the maximum credit of 20%.
The credit is calculated based on your web hosting’s package price per month. For example: if you pay $1.55 / month, you will receive 1% from $1.55. It’s client’s responsibility to log the downtime and provide necessary screenshots as a proof.
Account will only be credited for the downtimes that were not caused by the server hardware or software upgrade and/or modification or disk failures.
Downtime definition: a time out message when pinging Lotosus.com server IP, which hosts your web site.
All email messages that are older than 6 months (counting from the date they were received) will be automatically deleted from the server. This applies to all email accounts on the server.
Automated backups are made every 7 days. Backups are made at no additional cost as a sign of good will. Lotosus.com does not guarantee the availability of the backups is not responsible for any delay or loss of data.
No backups will be made if shared or reseller account disk space usage is over 500 MB.
No backups will be made if there are more than 500 email messages in any of the accounts.
While we do our best to respond in a timely manner, sometimes things can go wrong and as a result, we do not guarantee a fast response time for 24 hours a day, 7 days a week and are not responsible for any delay or loss of data that was caused by a slow response.
Changes to the TOS
We reserve the right to make changes to our Terms of Service without notification.
Choice of Laws
This Agreement will be governed by and interpreted in accordance with the laws of Lithuania, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the owners are located, and all courts competent to hear appeals therefrom.
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, LOTOSUS.COM MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.