This User Agreement ("Agreement") defines the terms under which Little Oak Hosting provides a user account. This Agreement is a binding contract between Little Oak Hosting ("Little Oak") and the individual or company ("User") defined when creating a user account on the order form.
BY COMPLETING THE FORM TO CREATE A USER ACCOUNT, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP") AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. LITTLE OAK RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME. USER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
For the management of services provided by Little Oak, a user account is used. A stand-alone user account can be created or a user account will be created as part of the process when ordering service.
User acknowledges that the contact information supplied when creating a user account or when modifying the contact information in the Account Manager will be the only information used by Little Oak to communicate with User. User agrees to immediately validate and update the contact information for the user account when necessary or upon notification from Little Oak to do so. User acknowledges that willfully providing false contact information may result in the suspension of the user account and some or all of the services associated with the user account.
User agrees that Little Oak is not responsible and will not be liable for disruption to any service as a result of User not able to receive notices of any kind because of invalid or out-of-date contact information.
A user account has an associated username and password. The username and password is used to gain access to tools necessary to manage services attached to the user account. Absolutely NO access will be provided without the user account's username and password. Little Oak is not responsible and will not be liable for unauthorized cancellations, modifications, or purchases made with the proper username and password combination. User acknowledges that the username and password should be guarded and not disseminated unless necessary.
In the event that User can not remember the username and password combination, Little Oak will provide the information provided the User can receive an email to the email address provided in the user account contact information, can validate an active credit card on the user account or provide details about a recent check or PayPal payment, or can provide proof of identity for the individual or company provided in the user account contact information. Little Oak will not provide the username and password under any other circumstances, no exceptions.
A user account can have a combination of accounts and services associated with it. When new service is ordered, the user account supplied on the order form is the user account to which the new service is associated. Existing accounts and services can be moved among user accounts provided the username and password of the user account to which the account or service is currently attached is supplied.
User acknowledges that the user account to which accounts and services is associated is the user account used to manage those accounts and services. User acknowledges that with the username and password of the user account, any account or service attached to the user account can be canceled or modified. Little Oak is not responsible and will not be liable for unauthorized changes made to accounts or services attached to a user account made with the proper username and password combination.
Little Oak will send notices concerning accounts and services attached to a user account via email to the email address provided with the user contact information. User agrees that notice to this address via email is sufficient for all notifications for all accounts and services. User agrees that Little Oak is not responsible and will not be liable for any outcome related to a notice not being received.
Little Oak will periodically send email messages to the email address provided with the user contact information containing promotions, specials or reminders about services offered. User acknowledges that the periodic messages contain information pertaining to an account or service User has with Little Oak. Little Oak will provide the User the option to opt-out of receiving promotional email messages only. Messages sent to User pertaining to an account or service already provided are not promotional and no option to opt-out of receiving them will be allowed.
Little Oak respects the privacy of every user. Little Oak will never disclose contact information of user accounts to any third parties other than the disclosure required for public contact information on domain name registrations if the contact information on a domain name is the same as that on the user account. Little Oak will never willfully sell, lease, or rent any personal information about user to any third party without permission.
User acknowledges that Little Oak will disclose any information requested by subpoena or court order. User acknowledges that Little Oak will fully cooperate with and will disclose any information requested pursuant to criminal or civil investigation by any Federal government or law enforcement agency.
User acknowledges that all agreements shall be governed by and construed in accordance with the laws of the State of California. User agrees that any dispute under any agreement may only be brought in a court in Los Angeles County, California. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
User agrees to indemnify, defend and hold harmless Little Oak and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses including, but not limited to, reasonable attorney's fees threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of Little Oak's services, any violation by User of the AUP, any violation by User of the Web Hosting Service agreement, if applicable, any breach of any representation, warranty or covenant of User contained in this Agreement or any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.