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Term of Serviceslegal & agreements

Term of Services

Term of Services

Lougel Inc main Terms & Conditions

CEO & Owner: Zdenek Slavik
Company Name: Lougel Inc.
Company Address: 2932 n74th ave, Elmwood Park, Illinois, United States

These terms and conditions (TOS) shall create a binding agreement between you (clients, customers, or users) and Lougel, Inc. (Lougel, we, us, or our). All users, including the visitors, shall consent to these terms and conditions for using any product, service, or content being offered or made available on lougel.com website. If you don’t agree, you may not use lougel.com website.

When you enter this agreement, it shall be deemed that you are legally mature in your jurisdiction and otherwise competent to enter a binding agreement. If you are entering this agreement on behalf of your business organization or company, it shall be deemed that you are fully authorized to represent your business entity, and if you are not, take your personal responsibility to fulfill all your obligations under this agreement.

Lougel shall be entitled to modify or replace this TOS in its sole discretion. If this agreement is modified to reflect the changes in the business or legal requirements that may take place from time-to-time, all clients shall be bound to the modifications and consent to abide by the latest version of this agreement, which can be found on this Page.

Lougel shall always remain an independent contractor. Please acknowledge that we don’t monitor or control any third party product, service, or content except what we may provide directly to the users on this website. We shall not be liable for the unsolicited behavior or the acts and omissions of any third party, including but not limited to the activities of service providers, customers, or other individuals or entities who use their products and services (the End-users), irrespective of our role in facilitating your business over the Internet.

Table of Contents

1. Services

Domain Name Services

Virtual Private Server

cPanel

2. Contact Information

3. Term

4. Payment

5. Termination

6. Cancellation

7. Money Back Guarantee

8. Use of the Services

9. Licenses and Intellectual Property

10. Lougel's Representations and Warranty

11. Your Representations and Warranties

12. Disclaimers

13. Limitation of Liability

14. Indemnification

15. Notices

16. Maintenance Policy

17. Force Majeure

18. Choice of Law, Jurisdiction and Venue

19. All Claims

20. No Waiver

21. Assignment

22. Severability

23. Survival

Part B

IP Address

Access

Use

1. Services

These terms and conditions will govern all issues that may possibly arise from the use of products and services as mentioned on the product and service description pages of lougel.com (referred as the Services). The service description on the date of purchase (Effective Date) will determine the scope of the Services. Lougel shall have no obligations to modify or expand its services to reflect any changes in the service description or content on lougel.com subsequent to the Effective Date.

Please acknowledge that Lougel may engage third party service providers to deliver its Services in a hassle-free manner. All third party services shall be subject to the terms and conditions of the respective providers, which may materially change over time. When any such changes take place, we will take commercially reasonable measures to inform you of those changes. However, any change in third-party services will not entitle you to terminate this agreement unless such changes materially affect your agreement with Lougel.

Domain Name Services

We shall take every feasible effort to register or update your domain names, but it shall be your responsibility to ensure that your domain name is registered or renewed in time. Please acknowledge that your domain name may not be registered or renewed due to payment/billing issues, force majeure events or circumstances beyond our control. If any such non-performance occurs, our liabilities shall be limited to the provisions mentioned in section 12 of this agreement.

Virtual Private Server

Virtual Private Server services being offered or made available on this website shall be subject to the additional agreement as set out in Part B of this agreement. If any inconsistency between the provisions of additional agreements and this agreement arise, the provisions of this agreement shall prevail. The Pat B of this agreement shall be deemed as a supplement and not a replacement to this agreement.

cPanel

Please acknowledge that cPanel shall be subject to End User License Agreement that can be found at http://cpanel.com/legal-store.html. Please carefully review section 2.1.1 of the End User License Agreement, which shall be part of your entire agreement with Lougel.

2. Contact Information

When you create an account on this website, you may be required to provide your personal, business, and demographic information, including an updated email address that will be used as preferred means of communication between the parties. We reserve a right to send notifications at your primary email address and inform you about your account status and/or use of the Services. You shall be responsible for maintaining a working email address linked to your account and monitoring it on a daily basis. Lougel shall not be liable to you or any third party for any damage, liability, interruption in the Services, or other consequences that may result due to misdirected emails or communication disruption due to your inability to provide an authentic/updated email address or failure to maintain it.

3. Term

The term of this agreement shall be subject to the satisfaction and sole discretion of Lougel. We reserve a right to terminate this agreement at any time. Please acknowledge that all users and transaction on/through this website will be screened for potential fraud and this agreement will not commence until this credit check and screening procedures are completed to our satisfaction.

This agreement will commence on the Effective Date or the day on which you subscribe to the services. The term of this agreement will be one month or the period mentioned on the service description page and selected by the user. The term shall be automatically renewed on a recurring basis unless you cancel this agreement as described in the Termination section of this agreement. The successive date corresponding to the Effective Date shall be your service renewal date.

4. Payment

You shall be liable to pay all fees and charges that may be applicable to your purchase or use of the Services under this agreement. Please acknowledge that certain services may be provided by the third party service providers and billed through us. All the applicable charges and fees (collectively Fees) will be invoiced and send to you 10 days before its due date. The day of the month you subscribed to the Services will be your due date. You credit card will be charged on the due date.

5. Termination

The parties to this agreement shall be entitled to terminate this agreement by giving a written notice to the other party at least 25 days before the service renewal date. In case of any material breach of this agreement, the other party shall correct the breach within the 10 days of such notice, failing which the agreement shall be terminated. For the purpose of this agreement, a material breach shall be defined as a deviation from the rights and obligations which a reasonable business person with significant experience in Internet business won’t have otherwise accepted. Any such notice involving a material breach should contain sufficient detail of martial breach and possible corrective measures.

If the material breach of this agreement is incurable or we decide to finally terminate this agreement for any violation of this agreement, applicable laws, or process and procedures incorporated by reference and/or any failure to discharge your financial obligations, the agreement shall be deemed as terminated upon the receipt of the notice. We shall be entitled to exercise our right to terminate this agreement without any prejudice to other rights and remedies we may have. No claims, compensations, complaints, or communications shall be entertained on the grounds that the agreement was terminated without giving any prior notice.

Once this agreement is terminated, your account will be closed and content deleted without any obligation to forward/archive your emails, communications, or content on the Service. However, we may allow a transition period in our sole discretion and let you keep the Service active during this period to forward your emails, communications, or content on the Service.

6. Cancellation

You shall be entitled to cancel any service by sending a written notice at least 48 hours before the service renewal date as set out in the online cancellation form available on the My Lougel section of your account. If the requested cancellation is the only service you are using on the website, it shall be deemed as a termination request and handled according to the provisions mentioned in the Termination section of this agreement.

If your Order Form requires any term commitment or obligations on your part, you shall be liable to pay all the termination charges that may result from non-fulfillment of such obligations or term commitment. Any termination of this agreement will never relieve you from your pending obligations under this agreement. If you are using any Service that involves any kinds of obligation or term commitment, please consult our support staff to find out the termination charges, if any, before raising any such request.

7. Money Back Guarantee

The hosting services may carry no questions asked money back guarantee, as determined by Lougel. If you are not satisfied with any Service, you may cancel the particular service within 30 days from the Effective Date and receive a refund of your monthly fees, which will be refunded to the same payment instrument that was used for making the transaction. Please acknowledge that this money back guarantee will not entitle you to a full refund. Other charges and fees from setting up or registering your domain name, implementing SSL Certificate, and other one-time fees will remain non-refundable. All transaction for custom orders/configuration or paid through the checks will also remain non-refundable.

8. Use of the Services

Your use of the Services shall be subject to our Acceptable Use Policy (AUP) and Privacy Policy which shall be part of your entire agreement with Lougel. If any inconsistency occurs between the provision of this agreement and the AUP or Privacy Policy, the relevant provisions of Acceptable Use Policy or the Privacy Policy shall prevail.

For the purpose of this agreement, the term unlimited or unmetered shall be interpreted with reference to our experience with similarly placed customers on the Service. This means you shall not be allowed to use disproportionate resources than similarly placed customers on the Service.

An account on the Service for the following primary purposes, but not limited to, shall not be allowed:

  • Multimedia streaming except what may be required for a site's operation

  • Very large photo galleries

  • Storage of a large amount of uncompressed or full-size digital images

  • Online file serving (FTP)

  • Distribution of large audio or video content

  • Online backup services not directly related to a website’s internal operation

You shall never do anything that puts an excessive burden on our resources, including but not limited to CPUs, servicers, and customer support services. Please acknowledge and consent that connection speeds, bandwidth, and other indicators or performance or capacity are maximum threshold and if your use of the Services consistently reaches this threshold, we may place certain restrictions on your use of the Services or customer support and limit to the extent being used by similarly placed customers on the Service.

Similarly, a maximum of 300,000 inodes and 35 concurrent HTTP connections to the server will be permitted for shared web hosting accounts. For premium accounts, a maximum of 1,000,000 inodes will be allowed.

All backups that are older than 30 days may be deleted from the server in our sole discretion. A quota of 50 GB will apply to Complimentary Server Rewind for such backups. If you reach this limit for your shared web hosting account, backup service will not be available. You should download and store cPanel backups to your local storage device.

You shall fully cooperate and extend your support in implementing our Acceptable Use Policy, this support shall include the submission of correct, complete, and updated billing information, and ensuring that your employees and/or agents don’t heavily rely on our support executives for using the Services. If we feel that your employees lack sufficient expertise to implement the Services, we may terminate your account in our sole discretion.

It shall be your responsibility to ensure that the Service is available in your jurisdiction, and you can connect with us to use the Services without violating any local, state, and federal laws or embargos. Once our Services are made available to you, you shall be liable to pay all fees and charges, including the long distance and/or connection charges that may be applicable to the Services.

Consenting to this agreement shall be deemed that you have read and agree to our Support Policy, which shall be part of this agreement and incorporated by reference.

9. Licenses and Intellectual Property

The customers shall be entitled to a non-exclusive, non-transferable, royalty-free, and worldwide license to use the applications and other technologies in relation to their access or use of the Services being offered on this website. This license shall automatically expire at the termination of this agreement.

However, this limited license will not grant you any additional rights except the right to use the Services as set forth in this agreement. All rights, titles, interests in such applications and technologies shall belong to and remain with Lougel or the third party service providers, as the case may be. You shall never try to extract the source code of licensed application or use any known or unknown technology, including but not limited to reverse engineering to symmetrically extract any database and compilation or circumvent any device, security protocol, or system designed to protect our ownership interests in the licensed technologies.

Lougel will provide commercially reasonable customer service, technical support, and administrative information and help you in the implementation of the technologies (Customer Support). You are encouraged to share your ideas, concerns, problems, and feedback related to the Services (Feedback). However, this Customer Support and Feedback shall be deemed as non-confidential information. Lougel reserves a right to use your Feedback for improving its business or creating new products and services without any requirements of prior consent, notification, or compensation for using your Feedback and contained intellectual property. When you submit any Feedback in relation to the Customer Support or otherwise, it shall be deemed that you have assigned all rights, titles, interest, and contained intellectual property to Lougel. We shall be the exclusive owner of any derivative product or service.

We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.

The customers shall grant a non-exclusive, non-transferable, royalty-free, and worldwide license to Lougel or the third party service providers to all technologies, information, or content that you may provide in relation to the Services being offered on this website. Lougel or respective service provider will be entitled to use, disseminate, transmit and cache such content, information, or technology from you and when applicable from the End-users. This license will automatically expire at the termination of this agreement. Unless otherwise mentioned in your agreement with Lougel, all such rights, titles, and interest in your technologies will remain with you or other third parties, as the case may be.

10. Lougel's Representations and Warranty

Lougel disclaims all warranties and representation to the maximum extent permissible under the laws, except an undertaking that it will provide its Services in accordance with other similarly situated companies. If you feel that Lougel has failed to provide this warranty, you shall submit a written notice within 30 days from the date of alleged breach of this warranty.

If any breach of this warranty actually occurs, as determined by Lougel in its sole discretion, re-performance of the Services or prorated billing (credit for the duration Services were not in conformity with this warranty) shall be your exclusive remedies.

For the purpose of this warranty, the term “similarly situated companies” will not include any up-time, up-time guarantees, or similar undertakings given through any service level agreement, regardless whether such service level agreements is/was available for the Services.

This warranty will not apply to any service being provided by the third party service providers.

11. Your Representations and Warranties

When you subscribe to any service being offered on this website, it shall be deemed as your warrant and representation that:

  • You and your employees have adequate knowledge and expertise to use the Services and extend help and support to the end-users.

  • You understand the risks that may be involved in doing business or using the Services over the Internet, and willing to bear all such risks inherent to you, whether in your personal or business capacity.

  • You will fully cooperate and willingly provide all materials, hardware, or equipment that may be required / implemented by us in relation to the Services and we don’t have to make any extra efforts for such cooperation and support.

  • You have sufficient technical expertise to take advantage of the Services. You will not rely heavily on the Customer Support for administering, designing, or operating the functions that may be facilitated by the Services.

12. Disclaimers

The Services shall be provided on As-Is and As-Available basis. You shall use the Services at your own risk and discretion.

Nothing on this website or tendered by the Customer Support shall create any kinds of express or implied warranties or undertakings regarding the availability, non-infringement, merchantability, title, fitness for particular propose, or suitability of the Services as per your needs, requirements, or expectations. We don’t make any claim that the Services will be free from errors and omissions, infringements, interruptions, viruses, malicious codes, or other harmful components. Lougel hereby disclaims all warranties, conditions, and undertakings unless it has been mentioned in this agreement. The employees, third party vendors, service providers, agents, or affiliates of Lougel are not authorized to make any such claims or representations.

Lougel expressly disclaims all warranties or undertaking regarding any data or content that may be transmitted through or stored on the Service by you or your clients.

Lougel expressly disclaims all warranties or undertaking regarding the third party services regardless of their integration with the Services. No warranties granted by such third parties shall flow down to you and you shall never be entitled to claim any benefits or warranties as a third party beneficiary.

Exclusion of certain warranties is not permitted in some jurisdiction. If you are from such jurisdictions, any warranty that you may be entitled to shall be limited to 90 days from the Effective date.

13. Limitation of Liability

Lougel will have no liability of any kind regarding the content that you or your customers access or receive through the Internet. It shall be your responsibility to ensure the accuracy, authenticity, integrity, title, ownership, or security of any content or information that you or your clients receive from the Internet. Lougel will not be liable for any data or content that may be transmitted, received, or stored on its network. Lougel doesn’t make any claim that:

  • The Services will be uninterrupted, continuous, or available, and you will be able to access our network when needed.

  • The accessed/transmitted data will be free from errors, omissions, viruses, and malicious, offensive, or otherwise objectionable content.

  • There will be no loss of data and all your data will be backed up by Lougel.

  • No unauthorized access to your account or misuse, abuse, alteration, corruption, deletion, theft, destruction, or inadvertent disclosure of data, information or content will take place.

Lougel shall not be liable for any direct, indirect, special, incidental, consequential and punitive damages, including but not limited to any loss of potential business, revenue, savings, profit, database, compilation, goodwill, credibility, peace of mind, or other intangible losses that may occur to you or any third party in relation to your/their ability or inability to use content, information, feature, or aspects of the Service being offered or made available by Lougel, irrespective of the fact that such liabilities occur due to any negligence of duty, misrepresentation, tort, breach of contract or statutory responsibilities by Lougel, and the possibility of such damages/liabilities were already conveyed to it.

Some jurisdictions may not allow the exclusion of punitive or consequential damages. These limitations will apply to the maximum extent permitted in such jurisdictions. In case we are liable under the applicable laws in your jurisdiction, our total liability shall never exceed the total fees that you paid during the three months immediately preceding the events that make us liable. For the purpose of this section, the term Lougel shall include all its owners, directors, executives, employees, affiliates, and third-party service providers.

14. Indemnification

You shall indemnify Lougel and its parent, partners, subsidiaries, assignees, affiliates, service providers, and each of their shareholders, directors, executives, employees and agents (indemnified parties), holding them harmless from all damages, liabilities, claims, demands, suits, actions, cause of actions, proceedings, costs, and expenses, including the legal or administrative expenses that may be threatened, asserted, or filed by any third party against the indemnified party or parties, or arise in relation to:

  • Your use of the Services.

  • Your violation of this agreement or applicable laws, including any breach of your warranties, covenants, or representations made or granted in this agreement.

  • Your violation of third party rights, including their copyrights or intellectual property.

  • Your acts and omissions on this website/Service.

For the purpose of your indemnification only, the term you shall include your clients, visitors to the website, and/or other users of your products and services who may receive our services. The indemnifications granted in this section will survive any termination of this agreement.

Lougel will also indemnify and hold you harmless from all claims and liabilities and defend or settle any such claim, suit, or proceedings whether threatened or filed against you in relation to the Services being offered on this website and/or involved infringement of any patent, copyright, or trademark.

In order to avail this indemnification, you shall promptly notify us in writing and confer all rights, information, and assistance to defend and settle such claims. If any such claims or liabilities have occurred or likely to occur, you shall consent that we may at our discretion and expense:

  • Procure the rights so that you can continue the product or service.

  • Replace the infringing products or services to provide similar functionality regardless of the manufacturer or modify the Service to make it non-infringing.

  • If the foregoing alternatives are not feasible, modify this agreement to terminate our obligations with regard to infringing product or service and refund the price you originally paid for availing the product or service, or the fees you actually paid during which the Services were unavailable.

However, this indemnification will not apply to third party services unless any indemnification is granted by the respective third party service provider and flows down to you. We don’t indemnify you against claims or liabilities involving third party features/aspects of the Service, irrespective of the fact that such features/aspects have been incorporated as an integral part of the Services.

15. Notices

All declaration, communication, and notification will be sent to your primary email address registered on the website. It shall be your responsibility to ensure that the submitted contact information is accurate, complete, and updated.

Please refer our Contact Us page for resolving any issues or getting technical support. All notices regarding our policies or clarifications about these terms and conditions should be dispatched to:

Lougel, Inc.

P.O. Box 2998

Ann Arbor, MI 48106

16. Maintenance Policy

Lougel gives the undertaking to provide 99.9 percent uptime. However, the scheduled maintenance periods will not be a part of this uptime guarantee. For more information about our Maintenance Policy, please follow the link https://www.lougel.com/about/policies/server-maintenance.

17. Force Majeure

The parties to this agreement shall not be liable for any delay or non-performance due to a force majeure event. In case of circumstances beyond the reasonable control of the defaulting party, including but not limited to natural calamities, terrorists attacks, shortages of supplies, bandwidth interruptions, labor disputes, non-performance of third parties, riots, war, fire, or other disasters, the duties and obligations of the excused party, except the financial obligations, shall be extended on a daily basis during the entire period of excusable delay. The party facing any such force majeure event shall be obligated to notify the other party about the delays as soon as possible, but no case greater than 10 days from the force majeure event.

18. Choice of Law, Jurisdiction and Venue

Your entire agreement with Lougel, including these terms and conditions and additional agreements incorporated by reference, shall be governed and interpreted according to the laws of the State of Illinois, United States without any adherence to the principles of conflicts of law. The parties shall consent to exclusive jurisdiction of the state courts in Elmwood Park, Illinois, United States. The parties shall consent that the UN Convention on Contracts for the International Sale of Goods will not apply to this agreement.

19. All Claims

The parties to this agreement shall consent to resolve all their claims and disputes according to this agreement, including any claim involving service outages that have been specifically outlined and covered under our SLA. Any and all claims contrary to these terms and conditions shall be deemed as improperly filed and construed as a material breach of this agreement. You shall be liable to pay for all costs and expenses, including the legal expenses incurred by Lougel in relation to your claims contrary to this agreement. Legal expenses may include in-house attorney charges or charges by virtual in-house attorneys.

20. No Waiver

If Lougel is unable to enforce any policy or agreement or ignores any non-compliance, it shall never constitute a waiver of its rights to demand strict compliance with its policies or agreement with regard to any subsequent violation or non-compliance.

21. Assignment

Lougel shall be entitled to assign its rights and obligation to any third party business, service provider or entity. You shall have no such rights without a prior consent from Lougel. However, the TOS shall bind the corporate successors and permitted assignees of the parties and inure them to this agreement.

22. Severability

If any section or clause of this agreement is declared null and void or becomes unenforceable due to any reasons, the impugned section/clause of this agreement shall be severed and the remaining agreement shall continue in full force and effect.

23. Survival

The parties shall consent that sections 11, 12, 13, 14, 15, 18, 19, 22 and 23 shall survive any termination of this Agreement.

Part B

IP Address

The customers shall be entitled to one primary IP address that they can use only in relation to the Services being offered on this website. The IP address will be provided as part of the Service without any additional cost, but it will remain non-transferable. We reserve a right to change this IP address in our sole discretion.

Access

No physical access shall be permissible or granted to the Virtual Private Server.

Use

The Virtual Private Server may perform as your dedicated server but please acknowledge that it will be shared with other customers on the Service. Lougel should have no obligations to restrict the use of any equipment by other customers or entities in general. You shall consent that you will not modify or try to exploit any mechanism or software that we have implemented to facilitate the sharing of servers and other resources.

Please acknowledge that sharing of the Virtual Private Server with multiple users may affect your use or administration of resources on the Service. Any aspect of the Virtual Private Server that is designed or implemented to facilitate server sharing or multiple uses will never entitle you to terminate this agreement.