LAWFUL PURPOSE
LDS Host reserves the right to refuse service to anyone. Customers may only use LDS Host servers and network for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of LDS Host management.

SPECIFIC ACCEPTABLE USE POLICIES

UNAUTHORIZED USE
LDS Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.

Any unauthorized use of accounts or computers by a LDS Host customer, whether or not the attacked account or computer belongs to LDS Host, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

ZERO TOLERANCE
LDS Host policy concerning unsolicited email and cross-posting to Usenet newsgroups is immediate cancellation. If you engage in any of these activities on our network, your services will be terminated immediately, with no prior notice, and no refunds for unused portions of service will be granted.

This policy has been developed not as a limit to network traffic, but as an issue of Internet etiquette.

SERVER USE
Web sites are to be used by the primary owner only. Customers are not permitted to subhost including reselling, storing, or giving away web hosting services off of their web site to other parties. Subhosting is defined as allowing a separate, third party to host content on the owner's web site. Exceptions include ad banners, classified ads, and personal ads.

We have affiliate programs available, interested parties should contact us at our web site at http://www.hostdesigns.com/affiliate.html.

Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purpose of sharing an account among multiple sites. Domain pointers are not to be used as a substitute for purchasing separate accounts.

LDS Host reserves the right to refuse service and /or access to its servers to anyone.

While LDS Host makes every reasonable effort to protect and backup data for customers on a regular basis, LDS Host is not responsible for customer's files residing on LDS Host servers. The customer is solely responsible for independent backup of data stored on LDS Host server and network. If LDS Host needs and is able to restore customer's files due to a file lost that LDS Host is not responsible for, provider may charge an additional fee for this service.

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. LDS Host is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that its customers may utilize.
LDS Host maintains control and any ownership of any and all IP numbers and addresses that may be assigned to a customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

LDS Host expressly forbids any server use for distribution, storing, processing, linking to or otherwise handling in any way the following:

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
• Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of LDS Host.
• Warez, et. al. - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

UNMONITORED BANDWIDTH USE POLICY
High bandwidth usage: LDS Host offers an unmonitored use policy by maintaining very large ratios of bandwidth per customer. In rare cases, LDS Host may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, LDS Host reserves the right to impose the High Resource User Policy for the consideration of all customers. In short, LDS Host does the best to provide all the resources our customers may need for web hosting while reserving the right to move any one customer to the High Resource User Policy to prevent monopolization of server resources.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth, disk space and/or processor utilization.

LDS Host, at its sole discretion and on a case by case basis, shall utilize the following resource usage policy:

Any web site found to be included in the top 5% of high resource use in a one month period will be subject to the following;

• $200 ongoing monthly fee in addition to the normal monthly charge.
• Fees are due on the next monthly billing date for the web site. (annual and quarterly accounts will be billed monthly unless customer pays for entire period)
• Customer is required to provide written authorization for the increase in monthly fees.

Failure to comply will result in cancellation of the site on the next monthly billing date following notification.

PAYMENT POLICIES
Initial Fees:
When you begin service, you must pay your setup fees and your first period's monthly charges before we can start your service. Setup fees are not refundable. We accept payment by check and credit card. Please see the descriptions below for more details.

When you use a credit card for your initial payment and the card is declined by the bank, we will notify you by email. We will attempt to rebill the card in three days. If the card is again declined and we don't receive another form of payment from you within two weeks, we will cancel your order.

Monthly Recurring Charges:
You may choose to pay on a monthly, quarterly or yearly billing cycle. You must pay for your service by the first day of each billing cycle. Billing cycles are based upon when you initially signed up for service. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th. If you pay by credit card, we will automatically bill your credit card on the billing cycle anniversary date.

If you pay by check, you will be sent an invoice via email, 3 to 4 weeks prior to the invoice due date. Please mail your check on a timely basis, so your payment arrives by the due date.

If you choose to pay by check, you may choose either a quarterly or yearly billing cycle.

If you pay by credit card, we will automatically charge your credit card on the first day of your billing cycle. We do not send invoices to you either by regular mail or email if you pay by credit card. If your credit card is not accepted by the bank after we make three attempts to charge the card, we will have to suspend your account. We will notify you by email, so you can provide us with another credit card or pay us by check.

METHODS OF PAYMENT:

Checks:
Your check must be in US funds. Checks returned by the bank are subject to a $20 charge. You may pay by check only if you use a quarterly or yearly payment cycle. We will send you an invoice via email 3 to 4 weeks prior to your due date if you pay by check.

Credit Cards:
For your ongoing service fees, we will automatically charge your credit card on the first day of your billing cycle. If your credit card is not accepted by the bank, we will attempt to rebill it three times. If we are not successful in billing your credit card, we will notify you via email. If we do not receive payment within a week after we have notified you, your service may be interrupted.

PRICING POLICY:
LDS Host will not change its pricing during the middle of your billing cycle. If we change our pricing, it will be effective the first day of the next billing cycle.

If you signed up for LDS Host services under a special promotion and you change your services, the special promotion pricing will no longer be valid for remaining services.

CANCELLATION:
LDS Host reserves the right to cancel your service at any time. If we do cancel your service, we will refund any unused amounts that you have paid us. If we cancel your account because you have violated LDS Host usage policies, no refund will be paid.

You may cancel your service at anytime by using fax or regular mail. Any accounts cancelled by fax or regular mail must include:

1. Account name
2. A valid signature of the primary contact
3. Reason for cancellation.
4. Last four digits of the credit card on file (if paid by credit card)
5. Zip code of the primary contact (if paid by check)

The customer is responsible for all money owed on the account from the time it was established to the time that cancellation has been confirmed by LDS Host.

Transferring your domain from LDS Host does not mean your account is automatically canceled. You must notify us to cancel your account, using one of the methods explained above.

LDS Host does not refund for partial months of service Refunds will be paid only for full prepaid months of service. If a refund is due to you, it will be sent by LDS Host check or made by credit card return within 30 days of receipt of cancellation.

LDS Host Privacy Statement
LDS Host regards its clients' information with utmost respect and care. We believe it is important that our clients should have an expectation that the information they provide to LDS Host is held in confidence and is used for internal business only.

1. LDS Host will only collect and store information required for the effective operation of LDS Host and its associated companies as an Internet presence provider.

2. LDS Host will, from time to time, use our customer mailing lists for network updates, system information and general sales information. LDS Host may in the future limit all mailings to those clients who want to participate.

3. Information on customer usage or traffic will be confidential and will not be made known to any individual or company where this information is not required for the operation of LDS Host.

4. Customer passwords are confidential and will not be made available to any person or company outside of LDS Host for any reason whatsoever.

5. Credit information will be held in confidence, however, it will be used in any way possible to aid in the recovery of delinquent or defaulting debtors.

6. All information will be stored as securely as possible while maintaining the ability for authorized LDS Host staff to quickly and effectively access this information when required for operational purposes.

7. LDS Host will cooperate with law enforcement personnel and legal investigations of our users. All customer information, however, will be private unless ordered by a court to be surrendered this information.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold LDS Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LDS Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LDS Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LDS Host servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from LDS Host server.

DISCLAIMER
LDS Host will not be responsible for any damages customers or their enterprises may suffer. LDS Host makes no warranties of any kind, expressed or implied for services we provide. LDS Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by LDS Host and its employees. LDS Host reserves the right to revise its policies at any time.