Terms of Service (TOS)

LastHourHosting.org - Terms of Service

Last updated: August 23rd, 2024

1. Introduction

Welcome to LastHourHosting.org. These Terms of Service ("ToS") constitute a legally binding agreement between LastHourHosting.org and its affiliated entities ("we" or "us") and individuals referred to as "you" ("Customer," "your," or "User"). These ToS delineate the terms and conditions governing the utilization of our services, accessible via our platform and website(s) (primary web address: www.lasthourhosting.org), along with all interconnected digital platforms and online assets (connected through LastHourHosting.org or associated organizations). This includes any downloadable or usable software, encompassing mobile applications, collectively identified as our "Apps." This inclusive description encompasses all digital assets, software, mobile applications, collectively identified as the "Site." Furthermore, these ToS extend to regulate your utilization of all text, data, information, software, graphics, proprietary content, and related resources (jointly designated as "Materials") that we and/or our affiliates may offer, as well as any services rendered through this Site. Collectively, these encompass the "Services."

2. Acceptance of Terms

By making use of the Services, you agree to abide by and be legally bound by these Terms. Should you disagree with any aspect of these terms, please refrain from accessing or using the Services

3. Privacy

Your usage of the Services is also subject to our Privacy Policy. Additionally, if you are a California resident, please consult our California Privacy Notice, and if you reside within the European Economic Area (EEA), refer to our GDPR Privacy Notice.

4. Payments, Subscriptions, and Cancellations

You are responsible for fulfilling any financial obligations outlined in your chosen hosting plan. In the case of recurring charges, you consent to the storage of your payment information by third parties acting on our behalf to facilitate agreed-upon payments. Supplementary charges and applicable taxes may be incurred with your purchases. Consult our Cancellations section for pertinent details. It's important to note that LastHourHosting.org does not guarantee refunds.

5. Binding Arbitration and Dispute Resolution

Under these Terms, disputes will be resolved individually through binding arbitration for residents of the United States, with no provision for class-based remedies.

6. Acceptable Use Policy

You warrant that you will use the Services in compliance with our Acceptable Use Policy.

7. Anti-Spam Policy

You warrant that you will use the Services in compliance with our Anti-Spam Policy.

8. Copyright Policy

The Services offered by LastHourHosting.org prohibit activities that infringe upon copyrights or intellectual property rights. Review our Copyright Policy in accordance with the Digital Millennium Copyright Act ("DMCA") for procedures related to copyright infringement notifications.

9. User-Generated Content

You bear responsibility and legal liability for your content and the content generated by your end-users. Furthermore, when operating as a Service Provider, you are subject to additional obligations under the DMCA.

10. Rewards Program

As part of our Services, we may introduce Rewards programs. Any Rewards credits provided will have specified expiration terms.

11. Intellectual Property

Usage, duplication, reproduction, republication, uploading, display, posting, transmission, distribution, or licensing of any Materials or content on the Services is prohibited without explicit authorization from LastHourHosting.org.

12. The LastHourHosting.org Marketplace

We may provide access to our online marketplace, featuring third-party and open-source apps.

13. Disclaimers

To the extent permissible by law, we disclaim warranties and conditions.

14. Liability Limitations

To the extent permissible by law, our liability is capped.

15. Contact Information

Queries regarding these Terms can be directed to legal@lasthourhosting.org or as otherwise indicated in these Terms. Any breaches of these Terms or our policies should be reported to abuse@lasthourhosting.org (with customers being copied on all reports). For other legal and law enforcement inquiries, contact legal@lasthourhosting.org. If you require customer service or support, please reach out to support@lasthourhosting.org.

Full Terms of Service

1. YOUR ACCEPTANCE AND LEGAL STATUS

When you access our Services, you confirm and guarantee that you meet the legal age requirements of your jurisdiction and have the lawful capacity to enter into contractual agreements. If you do not meet these legal requirements, you are not permitted to use our Services in any capacity or provide any information to lasthourhosting.org or its Services. If you are agreeing to these Terms on behalf of a business entity or organization, you assert and certify that you possess the necessary legal authority and capability to legally bind that business entity or organization. In cases where you lack such authorization or legal standing, you will assume sole personal responsibility for complying with the obligations outlined in these Terms.

2. YOUR PRIVACY

We kindly request that you take a moment to review our privacy policy (referred to as the "Privacy Policy"). It outlines the ways in which we handle the information you provide to us at lasthourhosting.org. Please note that the Privacy Policy is an integral part of these Terms and is included by reference. If you are a resident of California, we specifically encourage you to refer to our California Privacy Notice. For residents of the European Economic Area (EEA), we similarly recommend that you consult our GDPR Privacy Notice prior to registering for our Services. These additional notices are intended to provide you with region-specific information about your privacy rights and protections.

3. MODIFICATIONS AND ADDITIONAL TERMS

  1. Changes to These Terms. LastHourHosting.org reserves the right to modify, update, add, or remove provisions of these Terms at any time. We will accomplish this by posting the updated Terms on our website and providing notice through our Services. In cases where legal requirements mandate your explicit consent to these updated Terms, we will explain how you can accept or reject these changes. If you do not agree with any of the updated Terms, you must discontinue using our Services. Unless otherwise dictated by the law, the updated Terms will take effect on the day of posting.
  2. Changes to Our Services. We may make alterations to our Services without prior notice to you. If you disagree with any modifications to our Services, your sole option is to cease using them. Continuing to use our Services after we post such changes signifies your acknowledgment of those changes, and you express satisfaction with the modified Services. Additionally, we retain the right to discontinue our Services or any part of them at any time without notifying you. We will not be held liable to you or any third party should we decide to modify or discontinue our Services.
  3. Paid Subscriptions. If you have a paid subscription with us, please be aware that if we alter the price of the services you previously agreed to pay for or make substantial changes to the services, we will notify you as outlined in Section 3(a) above. These changes will become effective once your current subscription term expires or terminates. If you disagree with these changes and notify us accordingly in accordance with the notification process, your subscription will not be automatically renewed, even if you initially agreed to automatic renewal for payment.
  4. Additional Terms. Certain aspects of our Services may be subject to additional terms of use ("Additional Terms"). These Additional Terms will be presented to you when you choose to use these specific features or services. By utilizing these features or any part thereof, you consent to abide by the Additional Terms associated with them. If any of the Additional Terms governing these features conflict with these Terms, the Additional Terms will take precedence.
  5. Executed Contracts. If you have entered into a separate executed (i.e., signed) agreement for services with LastHourHosting.org, collectively and individually referred to as a "Contract," that Contract will supersede these Terms. In cases where there is a conflict between these Terms and the Contract, the Contract will prevail. However, if the Contract does not address specific provisions found in these Terms, these Terms will apply and complement the Contract.

4. USERS

  1. Visitors: Visitors can explore our site in accordance with these Terms, but they won't have complete access to the Services until they become "Registered Users."
  2. Registered Users and Accounts: To access specific features of our Services, you need to become a Registered User by registering an account with us (referred to as your "Account"). As a Registered User, you have control over what information you choose to make public. By registering as a User, you confirm that you are not prohibited from using our Services under these Terms, the laws of the United States of America, your place of residence, or any other relevant jurisdiction.
  3. Registration Data: When registering for our Services, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form (referred to as "Registration Data"). You also agree to promptly update this Registration Data to ensure its accuracy and completeness. All communications between us will be sent to the email address you provide. If you provide false, inaccurate, outdated, or incomplete information, or if we have reasonable grounds to suspect such inaccuracies, we reserve the right to suspend or terminate your Account and deny your current or future use of the Services (or any part of them) for violation of these Terms. You are not allowed to create an Account using false identity or information. You also agree not to maintain more than one Account at any given time. Registering an Account on behalf of someone else or any group, organization, or entity is only permitted if you have the authorization to bind them to these Terms. By registering for another person, group, organization, or entity, you confirm that you have the necessary authorization. You are not allowed to create an Account or use the Services if you have been previously banned from any of our properties or removed by us.
  4. Account Management: When you register for our Services, you will select a login (email) and password. You can only use the Services and modify your content and data using this login and password. You are entirely responsible for keeping your password confidential and for any activities that occur using your login credentials and/or within your Account. We may implement an Account verification process to verify your account and the information provided. You agree to promptly inform us of any unauthorized use of your Account or any security breaches known to you or reasonably suspected by you at support@lasthourhosting.org. We have the right to monitor your username and password and may, at our discretion, require you to change them. If we believe that your username and password are insecure or inappropriate, we may require you to change them or terminate your Account. We reserve the right to remove or reclaim usernames at any time and for any reason, including claims by third parties that a username violates their rights. It is also your responsibility to ensure that our domains (including "lasthourhosting.org") are not listed in any spam block list used by you or your mail provider. You are obligated to perform all necessary security configuration and management tasks: (1) for your site(s) and all domains, web pages, or IP addresses hosted through our Services, and (2) to protect your Content (defined below) and data, including that of your customers and/or end-users hosted through our Services. You are responsible for managing updates and security patches, any application software or utilities installed, any files accessible via your site(s), and the configuration of any security utilities provided by LastHourHosting.org.

5. SERVICES

Upon your initial registration, you will have the opportunity to select from our available service plans, each referred to as a "Subscription." It's important to note that all Subscriptions to our Services are subject to our formal acceptance. We will consider your Subscription accepted once we send you confirmation of the Subscription. However, LastHourHosting.org retains the right to decline providing any Service for any reason. Additionally, despite our Uptime Guarantee, we reserve the right to temporarily interrupt access to the Services for routine and emergency maintenance as required. You are also welcome to order additional Services at any time, provided you agree to pay the prevailing fees for those additional Services. All these additional services are considered part of the "Services" under these Terms. Please be aware that the availability of all Services is contingent upon adherence to these Terms. As long as you agree to these Terms and adhere to them, you are allowed to utilize our Services. These Terms are applicable to all users of the Service, including Visitors and Registered Users who also contribute User Content. Please understand that the Services are provided to you under a license and are not sold.

  1. Limited License Grant: The Services are protected by copyright laws globally. Subject to your acceptance of these Terms and your ongoing compliance with them, along with any other applicable policies, LastHourHosting.org grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license, with certain restrictions, to use the Services and/or download and use a copy of any Apps or client software on a device or computer that you own or control. This license is exclusively for your own internal business or individual purposes. You agree not to use the Services for any other purpose.
  2. Restrictions: You are prohibited from: (i) removing any copyright, trademark, or other proprietary notices from any part of the Services; (ii) reproducing, modifying, creating derivative works based on, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services unless expressly permitted by LastHourHosting.org; (iii) decompiling, reverse engineering, or disassembling the Services, except as may be permitted by applicable law; (iv) linking to, mirroring, or framing any part of the Services except as expressly permitted by LastHourHosting.org; (v) using any programs or scripts with the intent of scraping, indexing, surveying, or engaging in data mining of any part of the Services or excessively burdening or hindering the operation or functionality of any aspect of the Services; or (vi) attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

6. SUBSCRIPTIONS AND CANCELLATIONS

  1. Subscriptions: Your Subscription or the commencement of services with LastHourHosting.org begins upon your confirmation and receipt of lawful funds, whichever occurs first. You have the flexibility to select the initial term's length for your Subscription when you subscribe to our services, and this will be clearly indicated at that time. During the Initial Term (including any renewals), you may not terminate your Subscription unless there is a breach by LastHourHosting.org. Following the Initial Term, your Subscription will automatically renew for subsequent terms of the same length as the Initial Term, unless terminated or canceled by either party as specified herein.
  2. Pricing: LastHourHosting.org reserves the right to adjust prices for paid Subscriptions at any time, and we do not offer price protection or refunds in the event of promotions or price reductions. Any changes in pricing will take effect after the expiration or termination of your then-current Subscription. Please note that if we agree to provide Services to you again after your Subscription ends for any reason, the amount you paid in a previous term or timeframe does not determine the amount you will pay for Services in the future. It is your responsibility to monitor our website for plan or price modifications if you wish to benefit from such changes. LastHourHosting.org does not automatically update your Subscription plan. Any upgrades or downgrades will be carried out at your request and may involve adjustments to fees (as defined in Section 7(a)) or require the initiation of service with us again.
  3. AUTOMATIC RENEWAL TERMS: To ensure uninterrupted access to our Services, each paid Subscription includes automatic renewal provisions. LastHourHosting.org will automatically renew your paid Subscription in accordance with the Subscription period you selected (referred to as a "Subscription Term") on the anniversary of the date LastHourHosting.org initially charged your Account for the first Subscription fee. As authorized by you during the Subscription sign-up process, LastHourHosting.org will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period matches the duration of the prior one, unless there is a different agreement between you and LastHourHosting.org. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE TERMINATED ONCE YOUR THEN-CURRENT SUBSCRIPTION TERM EXPIRES. LastHourHosting.org reserves the right to modify pricing at any time (excluding the price in effect for your then-current Subscription Term), with prior notice to you. If you do not cancel your Subscription or disable the auto-renewal feature within the specified time after receiving notice of a price change, your Subscription will automatically renew at the price indicated in your notice.
  4. CANCELLATION TERMS: YOU ARE FREE TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION WILL TAKE EFFECT UPON THE EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. It is important to understand that you will be charged Subscription fees until the end of your then-current Subscription Term, and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN FULL OR IN PART, SUBJECT TO APPLICABLE LAW. There will be no pro-rated refund for any unused days of the then-current Subscription Term. If you encounter any issues or have concerns regarding your cancellation, please reach out to us at support@lasthourhosting.org for assistance.

7. PAYMENTS

  1. If you acquire any Services offered by LastHourHosting.org for a fee, whether on a one-time basis or through a Subscription arrangement (collectively referred to as "Fees"), you hereby consent to LastHourHosting.org utilizing third-party payment processors for billing and online payment processing (see below). You also agree to fulfill the applicable Fees associated with the Services, including, but not limited to, recurring Subscription fees, as they come due. Additionally, you agree to cover all relevant taxes and to reimburse us for any costs incurred in collections and any interest accrued on overdue amounts. Unless specifically arranged through separate negotiations between You and Us, confirmed through a distinct written agreement, the initial and recurring Fees for the selected Services will be as specified in the initial online order form. Please be aware that setup fees and specialized programming fees are non-refundable. Unless otherwise indicated, Fees for Services may be invoiced in advance. Failure to make timely payments for Services may result in the suspension or termination of those Services.
  2. Services are automatically billed on a recurring basis, subject to auto-renewal, until you follow LastHourHosting.org's cancellation procedure as outlined in this Agreement. Your responsibility to pay fees continues throughout the entire Subscription Term (as defined in Section 6(c)). It's important to note that our Subscriptions may have usage limits. You acknowledge and understand that we periodically verify Service usage. If, during a routine verification process, we determine that your usage exceeds the current allocated usage limits, we reserve the right to invoice you for the additional usage. We may initiate contact with you to discuss your existing plan and explore alternative options available to you. You agree to upgrade to a higher usage plan if necessary.
  3. During the registration process, you are required to select a payment method. By providing a payment method, you explicitly authorize LastHourHosting.org to charge that payment method at regular intervals based on your specific Subscription. LastHourHosting.org retains the right to engage a third-party payment processor for handling all payments, and such third party may impose additional terms and conditions governing payment processing. Failure to pay all Fees promptly will result in your account being considered overdue. For any Fees that become past due, LastHourHosting.org reserves the right to assess interest charges at a rate of one and one-half percent (1.5%) per month or the maximum rate allowed by applicable law, whichever is lower, on the outstanding amount, until it is settled.
  4. You are responsible for covering any and all taxes, including personal property taxes, value-added taxes, or sales taxes, arising from your use of the Services. Any bank fees incurred by you due to the use of check cards, automatic payment services, insufficient funds, or any other fees imposed by your financial institution as a result of your use of the Services are not the responsibility of LastHourHosting.org. In the event that LastHourHosting.org receives a payment amount less than the full Fees due, due to taxes, bank charges, transfer fees, or similar reasons, we will issue an invoice for the difference between the received payment and the outstanding Fees. Furthermore, you agree to cover all attorney and collection fees incurred by LastHourHosting.org in its efforts to collect past-due Fees.
  5. Should you decide to cancel any Service before the expiration of the prepaid Fees, you acknowledge and consent that LastHourHosting.org may, at its sole discretion, choose not to issue any refunds, including but not limited to any remaining prepaid Fees, setup Fees, and/or special programming Fees. If any refunds are granted, they will be issued only to the original method of payment.
  6. If you fail to make timely payments or if LastHourHosting.org is unable to process your payment method for any reason, LastHourHosting.org reserves the right to suspend or terminate your Subscription, access to the Services, and/or Account, subsequently ending these Terms.
  7. Coupons and Discount Codes. Periodically, LastHourHosting.org may provide coupons or discount codes that can be applied when subscribing to our Services. These coupons and discount codes are exclusively intended for first-time customers of LastHourHosting.org and must be used at the time of initial purchase – they cannot be applied after Service commencement. Unless explicitly stated otherwise, these coupons and discount codes cannot be used for upgrades to your account. Any account deemed to be attempting unauthorized use of coupons or discount codes may be subject to Termination for Cause (refer to Section 9).

8. REFERRAL PROGRAM

We may introduce initiatives that enable our users to accrue service credits and incentives, denoted as "Rewards," within their Accounts. Prior to participating in our Rewards program, we kindly request that you review our Referral Program Terms. Please note that these terms may be subject to periodic updates and amendments. The Referral Program Terms are hereby included as an integral part of this agreement by reference.

9. TERMINATION

  1. LastHourHosting.org reserves the right to terminate your Subscription at its discretion, with or without cause, at any time ("Termination without Cause"). In such instances, LastHourHosting.org will provide you with a written notice at least thirty (30) days prior to the cessation of Services. If LastHourHosting.org cancels your Subscription due to any of the terms outlined in these Terms, except for Termination without Cause, LastHourHosting.org shall not refund any fees paid or prepaid in advance of such cancellation, and you remain responsible for settling all fees and charges accrued prior to the effective cancellation date. In cases where LastHourHosting.org terminates the Agreement for cause, any prepaid Fees will be forfeited and are non-refundable. The termination of your Subscription does not relieve you of your obligation to settle any Fees incurred or payable to LastHourHosting.org prior to the effective date of Subscription termination.
  2. In addition to LastHourHosting.org's right to terminate your Subscription as provided elsewhere in these Terms, LastHourHosting.org may immediately terminate your Subscription if, in LastHourHosting.org's sole judgment, it determines that you or any of your end users: (i) have violated the Acceptable Use Policy ("AUP") or Anti-Spam Policy, (ii) have infringed upon or violated any intellectual property rights, privacy rights, or publicity rights of a third party, (iii) have failed to comply with any applicable laws, statutes, or regulations, or (iv) have uploaded, published, or disseminated any content, such as images, text, graphics, code, or video, which LastHourHosting.org deems illegal or high-risk, at its discretion, or (v) have breached these Terms. It is important to note that nothing in these Terms imposes a duty or obligation upon LastHourHosting.org to continuously monitor or review Your Content (defined in Section 12) or the content of your end users. You remain solely responsible for Your Content and any liabilities arising from it.
  3. Subscription termination results in the discontinuation of your access to the Services and the revocation of your license to the Materials. LastHourHosting.org shall not be held liable to you or any third party for terminations of Services permitted under these Terms. Upon Subscription termination, LastHourHosting.org reserves the right to maintain copies of your data files and records for archival purposes, although it is not obligated to do so. LastHourHosting.org retains the right to impose an early termination charge for all Services terminated before the last day of the billing cycle.
  4. If either party cancels or terminates your Subscription for any reason, you are responsible for making all necessary arrangements to secure a replacement service provider and for timely migrating all electronic data, graphics, images, videos, or text to the new service provider.
  5. LastHourHosting.org shall not be liable to you for any suspension or termination, including the deletion of Content. All provisions of the Terms that, by their nature, should survive, shall continue to be in effect following the termination of the Service. These provisions include ownership provisions, warranty disclaimers, and limitation of liability. You can close your Account by using the provided feature within the Services or by sending an email to support@lasthourhosting.org. Upon receipt, LastHourHosting.org will proceed to close your Account and send you an email confirmation. 10. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES AND OUR COMMUNITY To utilize our Services, you hereby acknowledge and affirm your commitment to consistently adhere to our Acceptable Use Policy ("AUP") and our Anti-Spam Policy ("Policies"), as these policies may undergo periodic revisions. These policies govern both prohibited and permissible practices related to the utilization of our Services, encompassing constraints on User Content, activities that are prohibited, prevention of system abuse, and security measures. If you do not concur with our Policies, it is imperative that you cease using the Service. The Policies are an integral part of this agreement and are hereby included by reference.

11. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

LastHourHosting.org strictly prohibits activities that infringe upon copyrights and intellectual property rights within the Services. In accordance with the safeguards offered by the Digital Millennium Copyright Act of 1998 ("DMCA"), LastHourHosting.org will promptly remove User Content if it receives a valid notice indicating that such User Content infringes upon the intellectual property rights of another party (please consult our Copyright Policy for details). LastHourHosting.org retains the prerogative to remove User Content without prior notification.

12. USER CONTENT

12.1 Content.

  1. You bear the responsibility for all information, text, viewpoints, messages, remarks, audio-visual works, films, photos, animations, videos, graphics, sounds, music, software, Apps, and any other content or material that you or your end users submit, upload, publish, host, store, or otherwise make accessible ("Make Available") through the Services (collectively referred to as "Your Content," "Content," or "User Content"). You are prohibited from Making Available on the Services any material protected by copyright, trademark, or any other proprietary right without explicit permission from the owner of such copyright, trademark, or other proprietary right, held by a third party. The responsibility for determining whether any such right safeguards any material rests solely on you. You shall be solely liable for any harm resulting from copyright infringement, trademark violation, infringement of proprietary rights, contract breaches, privacy or publicity rights violations, or any other harm stemming from any User Content you create or submit. In the relationship between you and us, you retain ownership of your User Content and assume full responsibility for all User Content you create or submit, including its legality, reliability, and appropriateness, while using the Services. You hereby grant LastHourHosting.org a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, create derivative works, publish, transmit, and distribute each of your User Content, or any portion thereof, in any form, medium, or distribution method now known or hereafter developed, existing, known, or developed, and to otherwise use and commercialize the User Content in any manner that LastHourHosting.org deems suitable, without requiring further consent, notice, and/or compensation to you or any third parties, for the purpose of delivering the Services to you.
  2. LastHourHosting.org will not actively monitor Content hosted by LastHourHosting.org. However, at its sole discretion, LastHourHosting.org may choose to electronically monitor its network and may disclose any content or records related to your Account as necessary to satisfy legal obligations, regulations, or other governmental requests, or to effectively operate our network and safeguard our customers. LastHourHosting.org will investigate complaints involving the violation of third-party rights or our Acceptable Use Policy (AUP). LastHourHosting.org will cooperate with efforts aimed at reducing Internet abuse and reserves the right to implement "filters" or other mechanisms for this purpose. LastHourHosting.org will collaborate with law enforcement agencies and reserves the right to inform such agencies if it suspects that you or any of your end users are engaged in illegal activities. Nothing contained in this Section, or in any part of these Terms, is intended to confer any rights upon any third party, and third parties are not entitled to enforce any terms of these Terms between us, the parties.
  3. You acknowledge and expressly agree that LastHourHosting.org will not be held liable to you or any of your end users for any actions taken by LastHourHosting.org to remove or restrict access to the Services due to an alleged violation of the AUP or in the exercise of its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA.
  4. LastHourHosting.org may, at its sole discretion, immediately terminate your Account and access to the Services, and terminate these Terms for cause, if your conduct violates our Policies (See Section 10), or if the conduct of any of your end users or downstream customers violates such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding the termination of repeat copyright infringers under the DMCA (See Section 11).
  5. Child Pornography. LastHourHosting.org takes the issue of child pornography very seriously and strictly prohibits any potential harm to minors using our Services. Content that is or may be perceived as child pornography will be promptly removed from public access upon notification or detection by us. Additionally, LastHourHosting.org reserves the right to immediately terminate any Account whose website(s) host or link to child pornography without notice to you. If the account is a LastHourHosting.org reseller account, the account will be suspended, and the reseller will be directed to terminate the responsible account. You agree to cooperate with us in any such efforts. Content or communications aimed at soliciting, enticing, or luring minors into sexual activity or indecent conduct is also strictly prohibited and will be treated similarly to child pornography, in accordance with applicable law. You agree to cooperate with LastHourHosting.org in any effort to investigate, disable, or remove such Content originating from your end users. Consistent with federal law, LastHourHosting.org will cooperate with law enforcement authorities and will notify such authorities if it suspects that you or any of your downstream customers or end users are engaged in any such illegal activities. In accordance with the reporting requirements of 18 U.S.C. § 2258A, we will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If you suspect any instances of child pornography appearing on sites hosted by LastHourHosting.org, we encourage you to send such reports to our abuse address at abuse@lasthourhosting.org and include the file name and/or URL (or other location on the Customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Please do not send the image(s) in question. Alternatively, you may use the CyberTipline to report suspected child pornography. Reports related to sites not hosted by LastHourHosting.org should be directed to law enforcement or a cooperating child pornography organization.

13. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING

  1. Third-Party Services. You may, at your sole discretion, choose to utilize third-party products, software, and/or services (referred to collectively as "Third-Party Services") provided by one or more third-party entities in connection with the LastHourHosting.org Services, such as through the LastHourHosting.org Marketplace (see Section 14.) LastHourHosting.org may, at its sole discretion, assist in facilitating your use of such Third-Party Services in conjunction with the LastHourHosting.org Services. However, you acknowledge and agree to the following: (i) It is your sole responsibility to procure or license Third-Party Services as required by any such third party; (ii) You must adhere to any applicable terms governing such Third-Party Services, which are in addition to this Agreement; (iii) You are responsible for all fees charged by such third party for the provision of Third-Party Services, and you recognize that the terms regulating such fees (including any price adjustments) may not be within LastHourHosting.org's control, even if payment is facilitated through the LastHourHosting.org Services; (iv) Regardless of any assistance provided by LastHourHosting.org, you are solely responsible for the installation and maintenance of any Third-Party Services at your own expense; and (v) LastHourHosting.org shall not be held liable in any manner for any Third-Party Services. Any assistance provided by LastHourHosting.org concerning such Third-Party Services shall not alter your responsibilities or change our liability disclaimer under this section. You agree and acknowledge that you, not LastHourHosting.org, are solely responsible for complying with the licensing terms of any Third-Party Services or products made available to you within the LastHourHosting.org Services. If LastHourHosting.org notifies you of any reporting or compliance obligations to the Third-Party provider, it is your obligation to report your own usage and comply with any licensing terms. LastHourHosting.org will not and does not monitor your compliance. Notwithstanding the foregoing, if any such Third-Party provider determines that you (or any of LastHourHosting.org's customers) are not in compliance with the Third Party’s agreement or obligations, LastHourHosting.org reserves the right to terminate the Services or Account of the non-compliant customer without advance notice. You agree and understand that LastHourHosting.org may and will share all available Customer data with the applicable Third Party if contractually obligated.
  2. Third-Party Sites and Links. The Services may contain links to websites that are not owned by LastHourHosting.org (collectively referred to as "Third-Party Sites"). You acknowledge and agree that these Third-Party Sites may have different privacy policies, terms and conditions, user guides, and business practices than LastHourHosting.org. Furthermore, you acknowledge and agree that your use of such Third-Party Sites is governed by the respective privacy policy, terms and conditions, and user guides of those Third-Party Sites. You hereby agree to comply with all terms and conditions, user guides, and privacy policies of any Third-Party Sites. LastHourHosting.org does not verify, make representations about, or assume responsibility for any Third-Party Site, including, but not limited to, the accuracy, quality, completeness, or truthfulness of the content, services, links, and any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LASTHOURHOSTING.ORG BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR FOR ANY DEALINGS OR COMMUNICATIONS WITH THIRD PARTIES, OR FOR ANY HARM RESULTING FROM THEM, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any product, service, publication, institution, organization, or individual does not constitute or imply an endorsement or recommendation by LastHourHosting.org.
  3. Bring Your Own License. "Bring Your Own License" ("BYOL") is the process by which you bring licenses you have previously purchased to run on our cloud ("LastHourHosting.org Cloud"). Our deployment model provides options to meet your platform licensing needs, allowing you to use licenses provided by us or bring your own. When you choose to BYOL, any licensing costs associated with the product you bring are deducted from the price of the instance, and you are solely responsible for managing your licenses.

14. THE MARKETPLACE

As part of our Services, we may provide access to our online marketplace (the "LastHourHosting.org Marketplace") for third-party and proprietary cloud and downloadable software applications, plugins, and extensions (collectively referred to as the "Apps") intended for use with our Services, software, and cloud offerings. Prior to downloading or utilizing any Apps from our LastHourHosting.org Marketplace, we kindly request that you review our App Marketplace Terms. These terms may be subject to periodic updates and revisions. The App Marketplace Terms are hereby included by reference.

15. INTELLECTUAL PROPERTY RIGHTS

  1. The Services provided on LastHourHosting.org, along with all associated proprietary and intellectual property rights, including the visual design and user interface of the website, are and will continue to be the property of LastHourHosting.org (or its licensors). These Terms and your use of the Services do not grant or convey to you any rights: (i) concerning the Services other than the limited license specified above; or (ii) to use or reference LastHourHosting.org's company names, logos, product and service names, trademarks, or service marks or those of its licensors. No licenses are implied. Should you violate any of these Terms, the aforementioned license will automatically terminate, and you must cease using the Services and promptly delete any Materials that you have downloaded or printed from the Service.
  2. All Services provided by LastHourHosting.org must be used solely for lawful purposes.
  3. In respect to Your Content, LastHourHosting.org acknowledges that it does not claim any proprietary rights over it. By using the Services, you grant LastHourHosting.org a non-exclusive, worldwide, and royalty-free license to copy, create derivative works from, display, perform, use, broadcast, and transmit Your Content via the Internet. This license is granted for the purpose of providing you with the Services and fulfilling LastHourHosting.org's obligations under these Terms.
  4. In the course of delivering the Services and at the discretion of LastHourHosting.org, you may receive certain Materials, including but not limited to computer software (in object code or source code form), data, documentation, or information developed or provided by LastHourHosting.org or its suppliers under these Terms. This may also include domain names, electronic mail addresses, and other network addresses assigned to you, as well as other knowledge, methodologies, equipment, and processes used by LastHourHosting.org to provide the Services. Subject to these Terms, LastHourHosting.org hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the Materials solely in connection with the Services. This license will terminate upon the termination of these Terms. You acknowledge and agree that, between you and LastHourHosting.org, LastHourHosting.org holds all rights, title, and interest in or has obtained all necessary licenses for the Materials, including all copyright, trade secret, patent, trademark, and other intellectual property rights. Any use of the Materials after the termination of these Terms is strictly prohibited without prior express written permission from LastHourHosting.org.
  5. If it becomes necessary for LastHourHosting.org to engage the services of an attorney or another individual to recover any liquidated damages or other sums of money from you, or if LastHourHosting.org needs to seek legal action to obtain injunctive relief against you, or if LastHourHosting.org is required to file an ICANN complaint against you for the transfer of a disputed URL, you agree to reimburse LastHourHosting.org for all associated fees incurred in collecting these liquidated damages, seeking injunctive relief, or filing and pursuing an ICANN complaint.
  6. You understand that even nominal damages may involve substantial legal fees, travel expenses, and other costs that may exceed the liquidated damages themselves. You agree to cover all such fees and costs.
(a)

16. ADDITIONAL PROVISIONS REGARDING THE SERVICES

16.1 Backups & Data Loss. Your use of LastHourHosting.org's services is entirely at your own risk, and LastHourHosting.org is not responsible for any data loss associated with its services. You are solely responsible for creating backups of your content. While LastHourHosting.org may create backups of your content during routine maintenance, if you request a restoration of your content, LastHourHosting.org cannot guarantee that it will be successful, nor can it guarantee the integrity of your content after such a restore procedure. It is strongly advised that you establish your own regular backup process and periodically test the restoration of files from your backup media to ensure their viability. If you require routine backup services from LastHourHosting.org in addition to the services outlined in these Terms, please contact us. We offer various backup solutions as separate, supplementary services, governed by a distinct written agreement.

16.2 Resource Usage. LastHourHosting.org reserves the right to suspend services or deactivate accounts if an account significantly burdens system resources, resulting in a degradation of overall system performance. LastHourHosting.org will inform you if your account is temporarily blocked due to excessive resource consumption.

16.3 Security. Any violation of the security of our services is strictly prohibited and may lead to criminal and civil liability. Unauthorized access to our servers, used to provide the Site, Services, and Materials, is expressly forbidden and constitutes a breach of these Terms and the AUP. You agree not to engage in such activities or attempt to breach our servers for purposes such as altering or manipulating hardware or software, compromising server integrity, or any other unauthorized actions typically referred to as "hacking." Should you engage in any violation of system security, LastHourHosting.org reserves the right to disclose your information to system administrators at other sites to aid in resolving security incidents. We will also cooperate with law enforcement agencies investigating criminal violations related to system security, cyber threats, or network security. Furthermore, any breach of these security provisions may, at our sole discretion, serve as grounds for the Termination for Cause of your Account, as outlined in these Terms.

16.4 Fair Use Bandwidth Usage. Please see the Fair Use Bandwidth Policy. Your monthly bandwidth allocation is determined by this policy. If your account exceeds the monthly allowance, we retain the right to charge you for overage fees.

16.5 Publicity. LastHourHosting.org is NOT permitted to use your name, trademark, and company logo ("Customer Marks") for the purpose of including your company in our customer lists, websites, and marketing materials to indicate your status as a customer and/or user. You can choose to grant permission to LastHourHosting.org by contacting us at legal@lasthourhosting.org. This privacy provision restricts our ability to use your Company Marks as otherwise permitted by applicable law.

17. HIPAA SERVICE OFFERING AND YOUR OBLIGATIONS

As part of our services, LastHourHosting.org may offer Virtual Private Servers that can be configured to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), collectively referred to as the “Configurable HIPAA Server.” You are obligated to ensure ongoing compliance with HIPAA and HITECH requirements whenever you use a Configurable HIPAA Server. The specific steps necessary for achieving HIPAA and HITECH compliance while utilizing LastHourHosting.org's services will vary depending on your particular implementation. When entering into an agreement with LastHourHosting.org for this service, we will provide you with relevant documentation outlining your responsibilities. You understand and agree that you will undergo an architectural review before deploying your HIPAA Server and that you will execute an acknowledgment confirming your understanding of these requirements with LastHourHosting.org. You bear full responsibility for maintaining the security of data on your HIPAA Server or any other data under your control. You commit to complying with all applicable state and federal laws and regulations regarding the collection, security, and dissemination of protected health information (“PHI”) on your HIPAA Server. If LastHourHosting.org deems it necessary based on your implementation, and we request it, you will promptly furnish us with documentation verifying your compliance with HIPAA and HITECH. You further agree to exclusively use HIPAA-compliant service providers for the storage or transmission of PHI. You can find information about HIPAA rules on the HHS website, and it is your responsibility to adhere to these standards. For as long as your account remains active, you are responsible for managing, retaining, and backing up any of your content. LastHourHosting.org does not have access to Customer Content stored within HIPAA Servers, nor do we offer backup services for such content. Except as required by applicable law or legal procedures or as otherwise agreed upon, LastHourHosting.org is not responsible for retaining HIPAA Servers or your content after account termination or for archival purposes. You acknowledge that, unless you instruct us otherwise, all content will be securely deleted by LastHourHosting.org upon account termination, subject to these Terms. We can provide certification of destruction if needed.

18. UPTIME GUARANTEE

LastHourHosting.org provides a Service Level Agreement ("SLA") that ensures a specific level of availability for our services. In order to qualify for any credits applied to your account, you must adhere to the outlined procedures specified in the SLA for notifying us about your request for credits. It is important to understand and agree that failing to follow the procedures detailed in the SLA within three (3) days of the incident that triggered the request will result in your forfeiture of any entitlement to receive credits. SLA credits have a validity period of one (1) year from the date of issuance and cannot be exchanged for cash.

19. INTERACTIONS BETWEEN USERS

You are solely responsible for your interactions with other users of the Services and any other parties with whom you engage through the Service. LastHourHosting.org may establish limits on the number of connections you can have with other users and, in certain circumstances, may prohibit you from contacting other users through the use of the Services or impose limitations on your Service usage. While LastHourHosting.org retains the right to do so, it is not obligated to monitor or become directly involved in disputes that may arise. You agree to cooperate fully with LastHourHosting.org in the investigation of any suspected unlawful, fraudulent, or improper activities. This includes granting LastHourHosting.org access to any password-protected sections of your account. LastHourHosting.org reserves the right to limit, suspend, or terminate your account if it is determined, at our sole discretion, that such action is necessary or in our best interests. In the event of a dispute with one or more users, you release LastHourHosting.org (along with our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, and damages (whether actual or consequential) of all types and origins, known or unknown, connected to or arising from such disputes.

20. NO WARRANTIES

You expressly acknowledge and agree that your use of the Services is entirely at your own risk. The Services are provided on an "as is, with all faults" and "as available" basis. LastHourHosting.org explicitly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Unless explicitly stated in these Terms, LastHourHosting.org makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free. Furthermore, LastHourHosting.org does not make any warranty regarding the accuracy or reliability of any information obtained through the Services or that any defects in software, hardware, or the Services will be corrected. Any statements made about such matters in promotional materials should be considered advertising references and not warranties. You understand and agree that any use you make of material and data downloaded or otherwise obtained through the Services is entirely at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from the download of such material and/or data. LastHourHosting.org has no control over the content of third-party services. The use of any third-party services will be entirely at your own risk and subject to the terms and conditions of a separate agreement between you and the third party. LastHourHosting.org makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from LastHourHosting.org or through the Services, shall create any warranty, whether by implication, estoppel, or otherwise, including but not limited to any marketing or promotional materials describing the Services on LastHourHosting.org's website. Unless otherwise agreed to in writing, LastHourHosting.org does not make a backup of your site(s) as part of the Services. Therefore, we strongly encourage you to create regular backups of your site(s) on your own.

21. LIMITATION ON LIABILITY

You are solely responsible for the content, operation, and security of your online properties and the conduct of your business, as well as all other matters under your control. In no event shall LastHourHosting.org be liable to you for any damages arising from or related to content, the operation or security of your website, and/or business, or the failure to operate your website and/or business. This section applies to all claims by you or your end users, irrespective of the cause of action underlying the claim, including, but not limited to, breach of contract, tort, including but not limited to negligence, strict liability, fraud, and/or misrepresentation. Regardless of the type of claim or the nature of the cause of action, you agree that in no event will LastHourHosting.org, our affiliates, contractors, service providers, employees, agents, or licensors, or any other party involved in creating, producing, or delivering the Services, technology, or content available on the Services ("Affiliates"), be liable to you in any manner whatsoever: (A) for any decision made or action or non-action taken by you in reliance upon the information provided through the Services; (B) for loss or inaccuracy of data or the cost of procurement of substitute goods, services, or technology; (C) for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenues, loss of profits, or loss of reputation, business interruption, or similar action, even if LastHourHosting.org has been advised of the possibility of such damages; or (D) for your use of any third-party services. The total aggregate and maximum liability of LastHourHosting.org and the Affiliates, arising from or otherwise relating to this Agreement (regardless of the form of action or claim), is limited to any amounts you have paid to LastHourHosting.org during the six (6) months prior to the accrual of the cause or causes of action.

22. CALIFORNIA RELEASE

If you are a California resident, you waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR in connection with LastHourHosting.org services.

23. INDEMNIFICATION

You agree to protect, indemnify, and exempt LastHourHosting.org and its Affiliates from any and all claims and responsibilities, including reasonable fees for attorneys and experts, related to or arising from (a) any violation of Your commitments under these Terms; (b) Your utilization of the Services; (c) any defamatory, slanderous, or unlawful content present in User Content or Your data and information; (d) any assertion or argument that Your Content, Your data and information, or Your use of any Third-Party Services infringes on a third party's patents, copyrights, or other intellectual property rights, or breaches any third party's rights to privacy or publicity; (e) any third party's access to or use of User Content or Your data and information; (f) any infringement of the applicable Policies (see Sections 10 and 11). In the case of a claim under this section, LastHourHosting.org will be allowed to choose legal representation to provide defense against such a claim. LastHourHosting.org maintains the right, at its own expense, to participate in the defense of any matter that is otherwise subject to indemnification from You, but is not obligated to do so. Settlement of any such claim or liability requires the prior written consent of LastHourHosting.org, which will not be unreasonably denied.

24. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please take note of the following if you are a resident of the United States of America. It has implications for your rights.

  1. Governing Law. These Terms and any potential disputes between you and LastHourHosting.org will be governed by and interpreted in accordance with the Federal Arbitration Act, applicable federal laws, and the regulations of the State of Idaho, United States of America, excluding any provisions concerning conflicts of law. You consent that any claims or disputes you might have against LastHourHosting.org must be exclusively resolved in a state or federal court situated in Bonner County, Idaho, except as otherwise mutually agreed upon by both parties or as detailed in the Arbitration section below. You consent to the personal jurisdiction of the courts located in Bonner County, Idaho, for the purpose of addressing such claims or disputes.
  2. Dispute Resolution. Before initiating arbitration, as described below, either party must first send a written notice of dispute (“Notice") to the other party. This notice should outline the nature and basis of the claim or dispute, as well as the requested resolution. Following receipt of the Notice, you and LastHourHosting.org may attempt to amicably resolve the claim or dispute. If a resolution is not reached within thirty (30) days after the Notice is received, either party may proceed with arbitration as outlined below. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America, excluding its conflict of law provisions. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the Rules of Procedure for Christian Conciliation set forth by the Institute for Christian Conciliation.
  3. Arbitration. You acknowledge and agree that LastHourHosting.org may choose to resolve disputes cost-effectively through binding arbitration, which may include non-appearance-based arbitration. In such a case, you consent to the exclusive jurisdiction of an arbitration procedure initiated with the Rules of Procedure for Christian Conciliation by the Institute for Christian Conciliation, or another recognized alternative dispute resolution provider (collectively referred to as “ADR”), as selected by LastHourHosting.org. The ADR provider and the parties involved must adhere to the following rules:
    1. the arbitration method may be chosen by the initiating party and might involve telephone, online, or be based solely on written submissions, as determined by LastHourHosting.org;
    2. the arbitration process may not necessitate the physical presence of the parties or witnesses, unless mutually agreed upon, in which case the arbitration would be conducted in Bonner County, Idaho; and
    3. the arbitrator's decision may be enforced in any court with competent jurisdiction. It is important to note that arbitration specifically excludes claims for injunctive or other equitable relief. Arbitral Claims encompass a broad range of claims, including, but not limited to, contract and tort claims of all types, as well as claims based on federal, state, or local laws, statutes, or regulations. The only exceptions are claims subject to applicable worker's compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration will be conducted in Bonner County, Idaho, and will be administered by a single arbitrator with expertise in the subject matter of the dispute. Unless stated otherwise, the party initiating the action will bear all arbitration-related costs, including arbitrator fees. Each party will be responsible for its attorneys' fees, except in cases related to the collection of a debt owed, in which case the prevailing party will be entitled to attorneys' fees, all arbitration expenses, and arbitrator fees, in addition to other applicable remedies. The arbitrator will not have the authority to award punitive or exemplary damages, certify a class action, add parties, deviate from the provisions of these Terms, or disregard applicable laws. The arbitrator will be required to take a neutral stance. The arbitrator will provide a written opinion detailing all pertinent facts and the rationale behind the decision within thirty (30) days of the conclusion of the arbitration process.
  4. Jury Trial Waiver. YOU HEREBY RELINQUISH YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO A COURT TRIAL IN FRONT OF A JUDGE OR JURY. In the event of any litigation arising between you and LastHourHosting.org in any state or federal court, particularly in a lawsuit to vacate or enforce an arbitration award or for any other reason, YOU WAIVE ALL RIGHTS TO A JURY TRIAL and instead opt for the resolution of the dispute by a judge.
  5. Class or Consolidated Actions Waiver. ALL CLAIMS AND DISPUTES THAT FALL UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND CANNOT BE PURSUED ON A CLASS BASIS. CLAIMS MADE BY MULTIPLE USERS CANNOT BE COMBINED FOR ARBITRATION OR LITIGATION AND MUST BE ADDRESSED SEPARATELY.

25. EXPORTS

You comprehend and recognize that the software components of the Materials might be subject to oversight by U.S. Government agencies, such as the U.S. Department of Commerce, which restricts the export or transfer of software to specific nations and entities. You shall not engage in or support any such diversion or any other infringement of relevant U.S. laws and regulations. You assure that you will not grant licenses or authorize individuals not sanctioned to receive controlled goods in accordance with applicable U.S. laws and regulations, and you will comply with these laws and regulations.

26. GOVERNMENT RIGHTS

The software components of the Materials have been created with private funds and qualify as "commercial computer software" or "restricted computer software" as defined in the FARs, the DFARs, and comparable regulations related to government procurement of computer software. Nothing in this context will be construed as:

  1. conferring any government agency a license or additional rights beyond what is required by law or regulation for commercial computer software entirely developed with private funds, or
  2. limiting any government rights in any add-ons or custom solutions delivered herein and created with government funding.

27. CONSUMER NOTICE

Under California Civil Code Section 1789.3, California residents have specific rights as consumers, and we want to provide you with the following notice: The Services are offered by Shiloh, LLC. If you have any questions or concerns about the Service, please reach out to LastHourHosting.org's Customer Support at support@lasthourhosting.org, Attention: Customer Service. California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210. For the hearing impaired, please use TDD (800) 326-2297 or TDD (916) 322-1700. You can also file a complaint online at: https://www.dca.ca.gov/consumers/complaints/consumer.shtml.

28. ELECTRONIC COMMUNICATIONS

The communications between you and LastHourHosting.org are conducted electronically, whether you visit the LastHourHosting.org website, send LastHourHosting.org emails, or utilize the services. For matters related to the contract, you (1) agree to receive communications from LastHourHosting.org in an electronic format, and (2) acknowledge that all terms, agreements, notices, disclosures, and other communications provided to you by LastHourHosting.org electronically meet any legal requirement that such communications would satisfy if they were in writing. This provision does not affect your statutory rights. When LastHourHosting.org requests your email address, it is your responsibility to ensure that you provide your most up-to-date email address. In case the last email address you provided to LastHourHosting.org is invalid or for any reason cannot deliver the required/permitted notices according to the Terms, LastHourHosting.org's dispatch of the email containing such notice will still be considered effective notice. Proof of successful transmission will be retained. Both parties agree to the following regarding all electronic communications: (i) The sender's user identification in an electronic communication is legally sufficient to verify the sender's identity and the authenticity of the communication; (ii) An electronic communication sent by you, containing your user identification, establishes you as the originator and has the same effect as a document bearing your written signature; and (iii) An electronic communication, or any computer printout of it, serves as valid proof of the original electronic communication's validity.

29. GENERAL

These Terms, in conjunction with our Privacy Policy, related notices, Acceptable Use Policy, Copyright Policy, Anti-Spam Policy, our SLAs, our Referral Program Terms, our App Marketplace Terms, any separate Contract we may have directly executed with you, and any Additional Terms provided through our internet properties periodically, constitute the comprehensive agreement between you and LastHourHosting.org concerning your utilization of our Services. These Terms supersede and replace any prior written or oral agreements pertaining to the same subject matter. Our failure to enforce any right or provision within these Terms shall not be construed as a waiver of that particular right or provision. If any part of these Terms is determined to be unlawful, void, or unenforceable, it shall be considered as separate from the remaining provisions and shall not affect their validity or enforceability. Your rights and obligations under these Terms are not transferable. Any attempt to assign or transfer them shall be null and void. We reserve the right to assign these Terms without any restrictions. LastHourHosting.org operates as an independent contractor, and nothing in these Terms should be construed to establish a partnership, joint venture, or agency relationship between the parties. For a period of two (2) years following the initiation of Services to you and continuing after the termination of these Terms or any other cancellation or termination of your account or Services with us, you agree not to directly or indirectly solicit, employ, contract, or engage any LastHourHosting.org employee who was employed during the term of these Terms, including the Initial Term and any subsequent terms, to work for you or any other entity, regardless of its nature, corporate or otherwise. Section and subsection headings in these Terms are inserted for convenience and do not constitute a part of the agreement or affect its interpretation. LastHourHosting.org shall not be held liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including, but not limited to: acts of God; war; riots; embargoes; actions of civil or military authorities; public health crises; pandemics; acts of terrorism; fires; floods; earthquakes; hurricanes; tropical storms; or other natural disasters; fiber cuts; strikes; or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of telecommunications or information services infrastructure; hacking; SPAM; or any failure of a computer, server, or software, as long as such events continue to impede LastHourHosting.org's performance.

31. CONTACT US

If you have any inquiries regarding these Terms or need to get in touch with LastHourHosting.org for any reason, you can reach us at Shiloh, LLC, P.O. Box #15264 517 America's Way, Box Elder, SD 57719, USA, along with a copy sent to legal@lasthourhosting.org.