Terms of Service & Acceptable Use Policy

The Client agrees to comply with the Limewave Communications Terms of Use and Acceptable Use Policy (this document). The spirit of this policy is to ensure our customers are using Limewave Communications services with due regard to the rights of other Internet users and in conformity with the requirements of Limewave Communications network environment.

Shared hosting is defined as regular shared hosting and/or reseller hosting. Resellers are responsible for content within their account and considered liable.

1) Illegal Use:
Limewave Communications servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

2) Security:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system (directly or indirectly i.e. denial of service attacks), broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

We prohibit our services from being used to host and/or transmit bulk mail services, spam, port scanning, any kind of bot, open proxy/VPN servers and/or TOR nodes (exit or otherwise).

Crypto mining is also prohibited on our network/servers.

3) Server Resources:
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level or terminated in full. Limewave Communications shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

4) IRC:
Limewave Communications does not allow IRC or IRC bots to be operated on our servers or network.

5) UCE (Unsolicited Commerce Email) - SPAM:
Spamming, the sending of unsolicited mass email from or through a Limewave Communications server/network or using an email address that is maintained on a Limewave Communications machine is STRICTLY prohibited. Limewave Communications will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Limewave Communications server as a mail drop for responses. Shared web hosting accounts are limited to sending 60 emails per hour.

In the event of any verifiable UCE related abuse complaints, service may be suspended without notice, in full or network connectivity only. Service will remain suspended until the abuse complaint is resolved (i.e. RBL listing is removed).

In any event, Limewave Communications reserves the right to block port 25.

6) Server Abuse:
Any attempts to undermine or cause harm to a Limewave Communications server or customer are strictly prohibited.

7) Software and/or Media Distribution:
Limewave Communications shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@limewave.net to make special arrangements.

8) Free Services:
The customer is aware free services, including however not limited to free web hosting, free image hosting, free script hosting and/or free email hosting or any other free service, is prohibited on our network. This provision will be handled on a case by case basis.

9) Data Storage:
Limewave Communications accounts may not be used for data storage including but not limited to backups, videos, media and/or images not linked via a web document located on the account which holds the content.

10) Unmetered Bandwidth:
All unmetered bandwidth plans are shared. Limewave Communications makes no guarantees regarding minimum throughput or network availability. File sharing, media streaming, content delivery services or high bandwidth services are prohibited without prior written permission from Limewave Communications. Unmetered services are NOT dedicated resources and servers which impact the overall quality will be rate-limited to 5 Mbps.

11) VPS CPU Cores:
Unless otherwise stated, all CPU cores are shared. The customer is permitted to use no more than 20% of the total allocated cores (i.e. 4 cores - 100%, 8 cores - 200%) sustained for 60 minutes or longer in any 24 hour period. In the event usage exceeds this limit, Limewave Communications reserves the right to, without notice, CPU throttle the VPS to the above limits. 

12) External Network Connectivity:
Attempting to connect to external hosts via your shared account is prohibited. An example, however not limited to, would be using your shared account to index websites (i.e. operating a search engine). If you require external connectivity, please request clearance from our abuse department. External connectivity to domain registrars, billing/license systems and/or servers owned by you is allowed however only for the intended purpose i.e. requesting license verification, not scanning ports.

13) Server Performance:
Limewave Communications makes no guarantees as to the servers and/or network performance or uptime, however we try to maintain a well balanced environment. 

14) Customer Data & Backups:
The customer is aware that Limewave Communications makes no guarantees as to the availability of the customer's data (email, web and/or MySQL). 
We do NOT backup nor will be held responsible for data within virtual private, semi-dedicated or dedicated servers unless the customer subscribes to a server management plan which includes remote backup services or has purchased our remote backup service. Your data is YOUR responsibility!

15) Billing:
Your recurring renewal date defaults to the date your service was provisioned. Customers will be invoiced 7 days prior to the due date (your renewal date) with a reminder 3 days before the due date.

If your service remains unpaid past the renewal date, service will be suspended and a 10% late fee will be added to the invoice.

If your service remains unpaid for 7 days past your renewal date, service is terminated in full. Depending on the history of service terminations due to non-payment, Limewave Communications reserved the right to terminate the account in full. 

Cancellation requests must be made no less than 7 days before your renewal date i.e. before an invoice is generated. Once invoiced, the balance is due and any payments made after invoiced when a cancellation request is submitted, will be considered 30+ days notice with a request for immediate cancellation. The customer is responsible for the cancellation of all subscription based payments i.e. PayPal Subscriptions. 

In the event of multiple PayPal subscriptions for a single service, any over/double payments will be considered credits and added to the customers credit balance.

16) Uptime Guarantees:
Limewave Communications makes no guarantees in regards to service and/or data availability, performance or latency. 

17) Refund Policy:
All payments to Limewave Communications, for service and/or hosting related service including but not limited to support, setup and special service fees are non-refundable. Prepayments, credit or advanced payments for monthly service charges are non-refundable.

18) Termination of Agreement/Services:
Limewave Communications reserves the right to terminate any account without notice, reason and/or refund. Upon termination, all data will be removed from our network. If your account was disabled for violating this agreement, you will not have access or the ability to recover your files/data.

19) Abuse of Representatives:
The use of inappropriate language while communicating with Limewave Communications representatives will result in termination of your account in full without refund.

20) Service Management:
Limewave Communications shared hosting is an unmanaged service. The customer is responsible for all management, debugging, administration and software/script upgrades (i.e. forums). The customer may request Limewave Communications perform these duties, however understands they will be billed at our regular technical support rates. Dedicated/virtual servers without a management plan will also be held under this provision.

21) Actions Taken by Limewave Communications:
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Limewave Communications will be the sole arbiter as to what constitutes a violation of the Terms of Use. Limewave Communications reserves the right to remove any account without prior notice.

When Limewave Communications becomes aware of an alleged violation of its Terms of Use, Limewave Communications will initiate an investigation. During the investigation, Limewave Communications may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Limewave Communications may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Limewave Communications will notify the appropriate law enforcement authorities of such violation.

Limewave Communications does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. Accounts terminated for violations will not be refunded and all amounts paid, if any, will be forfeited.

Limewave Communications customers agree to indemnify and hold harmless Limewave Communications from any claims resulting from the use of our services that damages them or any other party. The Limewave Communications service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, loss of data or non-infringement. Limewave Communications expressly disclaims any representation or warranty that the Limewave Communications service will be error-free, secure or uninterrupted. No oral advice or written information given by Limewave Communications, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Limewave Communications and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

22) Modification:
Limewave Communications reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

23) Acceptance:
The use of any Limewave Communications service/product is hereby acceptance of this agreement in full.

This policy does not apply to the additional services given such as site submission, domain registration or any third party services.

Updated: 06/17/2022 11:10 DVO