Nous regrettons de ne pas avoir encore complété la traduction française de notre règlementation. Dès qu'elle sera complétée nous vous en aviserons par courriel.
Merci de votre compréhension.
The following is the entire service agreement between LavalHost.ca (LavalHost.ca™) and you (YOU / YOUR). Take the time to read it carefully and to understand each section, because you will be bounded to that agrement for the full period of your hosting plan and the full period of your domain registration.
If you have any question prior to accepting this agreement please feel free to contact us.
Lavalhost.ca™ Acceptable Usage Policy
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
Lavalhost.ca™ will never place either banner or "pop-up window"
advertisements on any page of YOUR Web site (SITE).
YOUR individual files stored on the Lavalhost.ca™ servers are not to exceed 10 megabytes
(MB) in size each. With the exception of your site backups files;
YOU are not permitted to store multimedia file types, executable binaries and / or compressed file types
on the Lavalhost.ca™ servers that would affect the operation of the servers;
YOUR SITE may not include any illegal content with or without YOUR permission or any code that interferes
with Lavalhost.ca™ operations;
YOUR bandwidth usage is restricted to a certain value per month, and no more than 1/10 of that value per day.
Excessive daily usage may result in in the disabling of YOUR SITE. Reactivation of YOUR SITE may
require upgrading of your Web hosting plan;
custom CGI script execution is restricted to 1000 executions per day. Executions in excess of this limit
will result in disabling of the SITE, and YOU will be required to upgrade your hosting plan
in order to reactivate the SITE;
3. ILLEGAL USES.
All these things are illegal on our server :
Lavalhost.ca™ services may not be used for illegal purposes, or in support of illegal activities. WE reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Use of the OUR service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of the dotServing service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Use of OUR service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters.
4. WEB E-MAIL.
if YOU do not log into YOUR Web E-mail account for more than sixty continuous days,
Lavalhost.ca™ may delete your emails if YOU exceed 80% of YOUR permitted disk usage with no notice or compensation to YOU;
outgoing e-mail is restricted to 100 messages per day; and
you agree to receive e-mail correspondance from Lavalhost.ca™ from time-to-time.
WE takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that YOU may not use or permit others to use our network to transact in UCE. YOU may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of OUR SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WE will initiate an immediate investigation (within 48 hours of notification). During the investigation, WE may restrict YOUR access to the network to prevent further violations. If YOU are found to be in violation of our SPAM policy, WE may, at its OUR discretion, restrict, suspend or terminate YOUR account. Further, WE reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WE will notify law enforcement officials if the violation is believed to be a criminal offense. b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that OUR personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. c. As our Customers are ultimately responsible for the actions of their clients over OUR network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. IP Address Ownership: If WE assigns YOU an Internet Protocol address for YOUR use, the right to use that Internet Protocol address shall belong only to US, and YOU shall have no right to use that Internet Protocol address except as permitted by US in OUR sole discretion in connection with the Services, during the term of this Agreement. WE shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to YOU by US, and WE reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in OUR sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. WE will periodically review IP address usage, and if WE find that clients are using IP addresses where name-based hosting could be used, WE will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame WE reserves the right to retract IPs that are not being utilized without notifying the client b. Bandwidth Usage. WE will monitor YOUR bandwidth. WE shall have the right to take corrective action if YOUR usage negatively impacts other clients. c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the OUR Network. Violations of system or network security may result in civil or criminal liability. WE will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled.
7. SERVER ABUSE.
If Lavalhost.ca™ determine that YOU are using too much of the server's resources and therefore abusing the server, we have the right to suspend YOUR domain without any notice. It is then up to YOU to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains/accounts on the same server.
8. RESPONSIBILITY OF CONTENT.
YOU, as OUR customer, are solely responsible for the content stored on and served by your Lavalhost.ca™ server.
YOU agree to be bound by any amendments made to your HOSTING PLAN™, from time-to-time, as posted at www.Lavalhost.ca.
Lavalhost.ca™ may unilaterally terminate this Agreement and delete the SITE without any notice or compensation to YOU if there is illegal activity on your SITE
, or you breach any term of this Agreement.
Lavalhost.ca™ Hosting Plans and Domain Registration Terms Of Services
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
In this Registration Agreement ("Agreement") YOU, YOUR and YOURSELF refer to each customer, WE, US and OUR refer to Lavalhost.ca and "Services" refers to the domain name registration services provided by US as offered through Lavalhost.ca.
2. SELECTION OF A DOMAIN NAME.
YOU represent that, to the best of the YOUR knowledge and belief, neither the registration of a second level domain (SLD) name nor the manner in which it is used infringes the legal rights of a third party, and that the Domain Name is not being registered for any unlawful purpose.
3. FAILURE TO PAY.
We may temporarily deny service or terminate this Agreement upon the failure of YOU to pay charges when due. Such termination or denial will not relieve YOU of responsibility for the payment of all accrued charges, plus reasonable interest.
As consideration for the Services YOU have selected, YOU agree to pay to US applicable service fees. All fees payable hereunder are non-refundable. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. If you desire to cancel YOUR account, please follow the proper procedure to do this as outlined in this document. By cancelling YOUR payment subscription without proper notice this will lead YOUR account being suspended and a reconnect fee of $25 will be charged to have the service reconnected. As further consideration for the Services, YOU agree to: (1) provide certain current, complete and accurate information about YOU as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information is referred to as "Account Information". By completing and submitting this Agreement, YOU represent that the statements in YOUR Account Information are true.
YOU agree that this Agreement will remain in force during the length of the term of YOUR Domain Name Registration as selected, recorded and paid for upon registration of the domain name. If YOU renew or otherwise lengthen the term of YOUR Domain Name Registration, the term of this Registration Agreement will be extended accordingly. If YOU transfer YOUR domain name or the domain name is otherwise transferred to or is in the name of another Registrar, the terms and conditions of this Agreement will cease and be replaced by the terms of the new Registrar. No fees are refundable on termination.
All requests for cancellation must be made in writing with at least 7 days notice. You must have all account information to be able to cancel. By cancelling your payment subscription without proper notice this will lead the account being suspended and a reconnect fee of $25 will be charged to have the service reconnected.
Acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than OUR negligence and that damages resulting from any interruption of service are difficult to ascertain. Therefore, YOU agree that WE shall not be liable for any damages arising from such causes beyond OUR direct and exclusive control. YOU further acknowledges that the OUR liability for OUR own negligence may not in any event exceed an amount equivalent to charges payable by YOU for services during the period damages occurred. In no event shall WE be liable for any special or consequential damages, loss or injury.
Acknowledges that tech support is open 24 hours a day, 7 days a week via online support ticket through LavalHost.ca. WE doe not offer any phone and/or email support. YOU also acknowledges that the Billing and Accounting services are not available 24 hours a day 7 days a week.
9. MODIFICATIONS TO AGREEMENT.
YOU agree, during the period of this Agreement, that WE may: (1) revise the terms and conditions of this Agreement; and (2) change the Service provided under this Agreement. Any revisions or changes will be binding and effective immediately on posting of the revisions or changes at OUR Web site www.Lavalhost.ca, or on notification to YOU by e-mail or regular mail as per the Notices section of this agreement. YOU agree to review OUR Web site, including the Agreement as posted thereon, periodically, to inform YOURSELF of any such revisions. If YOU do not agree with any revision to the Agreement, YOU may terminate this Agreement within 2 (two) calendar weeks thereafter by providing US with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of YOUR termination will be effective on receipt and processing by US. YOU agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), YOU will abide by any such revisions or changes. YOU further agree to abide by any dispute resolution policy as promulgated from time-to-time by any relevant and applicable top-level domain name registry or Registrar connected to YOUR domain name.
10. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of YOUR Account Information with US, YOU must use YOUR Account Identifier and Password that YOU selected when YOU opened YOUR account with US. It is YOUR responsibility to safeguard YOUR Account Identifier and Password from unauthorized use. In no event are WE liable for unauthorized use of YOUR Account Identifier or Password.
11. DOMAIN NAME DISPUTE POLICY.
If YOU reserved or registered a domain name through US, or transferred a domain name to US from another registrar, YOU agree to be bound by applicable Dispute Policies, as promulgated by the relevant top-level domain (TLD) name Registries, such Policies being incorporated by reference herein. It is YOUR responsibility to become familiar with and abide by the relevant TLD Registry policies. In the case of TLDs administered by ICANN, you specifically agree to be bound by the dispute policies at http://www.icann.org/udrp/. In the case of TLDs administered by CIRA, you specifically agree to be bound by the dispute policies at http://www.cira.ca/en/cat_Registrar.html.
12. DOMAIN NAME DISPUTES.
YOU agree that, if the registration or reservation of YOUR domain name is challenged by a third party, YOU will be subject to the provisions specified in the applicable Dispute Policy in effect at the time of the dispute. YOU agree that in the event a domain name dispute arises with any third party, YOU will indemnify and hold US harmless in any event. If Lavalhost.ca is notified that a complaint has been filed with a judicial or administrative body regarding YOUR domain name, Lavalhost.ca may in its sole discretion, suspend YOUR ability to use YOUR domain name or to make modifications to YOUR registration records until either Lavalhost.ca (i) is directed to do so by the judicial or administrative body, or (ii) receives notification by YOU and the other party contesting YOUR domain that the dispute has been settled. If YOU are subject to litigation regarding YOUR registration or use of YOUR domain name, Lavalhost.ca may deposit control of YOUR registration record into the relevant TLD registry or judicial body by supplying a third party with a registrar certificate from Lavalhost.ca. For any dispute, YOU irrevocably agree to submit to the jurisdiction of the courts of The Province of Ontario.
YOU agree that WE will, on your behalf, take all required steps to automatically renew YOUR domain name registration on a yearly basis, and that YOU will be solely responsible for all costs in so doing. YOU undertake to indemnify Lavalhost.ca for any expenses it incurs in such renewals. YOU further designate Lavalhost.ca to act on your behalf and as your domain name temporary administrative contact when required, and agree that WE may take all steps necessary to ensure both renewal and transfer of the subject domain name to Lavalhost.ca as the registrar of record.
14. FURTHER AGREEMENTS.
In the case of all domain names regardless of name extension, YOU further agree to be bound by the terms of registration as promulgated by the relevant TLD Registry and other relevant registrars if applicable, from time to time, these terms being continually incorporated herein by reference.
Regardless of whether YOU intend to license use of a domain name to a third party YOU are nonetheless the domain name holder of record and are therefore responsible for providing YOUR own full contact information, and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with YOUR domain name. YOU accept all liability for harm caused by wrongful use of the domain name by YOUR licensee unless YOU promptly disclose the identity of the licensee to a party providing YOU with reasonable evidence of actionable harm. YOU also represent that YOU have provided notice of the terms and conditions in this Agreement to YOUR licensee, and that YOUR licensee agrees to all the terms herein.
WE reserve the right to distribute information to YOU that is pertinent to the quality or operation of OUR services and those of OUR service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance YOUR identity on the Internet. YOU agree that such information is prima facie communication solicited by YOU, by virtue of YOUR acceptance of this agreement.
17. LIMITATION OF LIABILITY.
YOU agree that OUR entire liability, and YOUR exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount YOU paid for such Service(s). WE are not liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, OUR liability is limited to the extent permitted by law. WE disclaim any and all loss or liability including loss or liability resulting from: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of God or acts not under OUR control; (4) the unauthorized use or misuse of YOUR account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of YOUR Service. YOU agree that WE are not liable for any loss of registration and use of YOUR domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if WE have been advised of the possibility of such damages. In no event will OUR maximum liability exceed one hundred ($100.00 USD) dollars.
YOU agree to release, indemnify, and hold US, OUR contractors including any relevant TLD registry, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or YOUR use of the Services, including without limitation infringement by YOU, or someone else using the Service with YOUR computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of OUR operating rules or policy relating to the service(s) provided. YOU also agree to release, indemnify and hold US harmless pursuant to the terms and conditions contained in any applicable Dispute Policy. If WE are threatened with such a claim by a third party, WE may seek written assurances from YOU concerning YOUR promise to indemnify US; YOUR failure to provide those assurances will be deemed a breach of this Agreement and may result in deactivation of YOUR domain name.
19. TRANSFER OF OWNERSHIP.
The person named as administrative contact at the time the controlling user name and password are secured is the owner of the domain name. YOU agree that prior to transferring ownership of YOUR domain name to another person (transferee) YOU will require the transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. YOUR domain name will not be transferred until WE receive such written assurance or other reasonable assurance that the transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by US in OUR sole discretion) along with the applicable transfer fee. If the transferee fails to be bound in a reasonable fashion (as determine by US in OUR sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
YOU agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by US, may be considered by US to be a material breach and that WE may provide a written notice, describing the breach, to YOU. If within 30 (thirty) calendar days of the date of such notice, YOU fail to provide evidence, which is reasonably satisfactory to US, that YOU have not breached YOUR obligations under the Agreement, then WE may delete the registration or reservation of YOUR domain name. Any such breach by YOU will not be excused simply because WE did not act earlier in response to that, or any other breach by YOU.
21. NO GUARANTY.
YOU agree that, by registration or reservation of YOUR chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.
22. DISCLAIMER OF WARRANTIES.
YOU agree that YOUR use of OUR Services is solely at YOUR own risk. YOU agree that such Service(s) is provided on an "as is," "as available" basis. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. WE make no warranty that the Services will meet YOUR requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do WE make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. YOU understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at YOUR own discretion and risk and that YOU will be solely responsible for any damage to YOUR computer system or loss of data that results from the download of such material and/or data. WE make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by YOU from US or through the Service creates any warranty not expressly made herein.
As part of the registration process, YOU are required to provide US certain information and to update US promptly as such information changes such that OUR records are current, complete and accurate. YOU are obliged to provide US the following information:
i) YOUR name and postal address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information that WE request from YOU at registration is voluntary, and is collected so WE can continue to improve the products and services offered to YOU.
24. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
YOU agree and acknowledge that WE will make domain name registration information YOU provide available to the relevant TLD registry, to the registry administrators, and to other third parties as applicable agreements and laws may require or permit. YOU further agree and acknowledge that WE may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information YOU provide, for purposes of inspection (such as through OUR WHOIS service) or other purposes as required or permitted by applicable agreements and laws.
YOU hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by YOU in connection with the registration of a domain name (including any updates to such information), whether during or after the term of YOUR registration of the domain name. YOU hereby irrevocably waive any and all claims and causes of action YOU may have arising from such disclosure or use of YOUR domain name registration information by US.
YOU may access YOUR domain name registration information in OUR possession to review, modify or update such information, by accessing OUR domain control panel, or similar service, made available by US.
WE will not process data about any identified or identifiable natural person that WE obtain from YOU in a way incompatible with the purposes and other limitations that WE describe in this Agreement.
WE will take reasonable precautions to protect the information WE obtain from YOU from OUR loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
YOUR wilful provision of inaccurate or unreliable information, failure to promptly update information provided to US, or to respond for over fifteen calendar days to inquiries by US concerning the accuracy of contact details associated with the YOUR registration shall is a material breach of this Agreement and a basis for cancellation of YOUR domain name registration.
26. RIGHT OF REFUSAL.
WE, in OUR sole discretion, reserve the right to refuse to register or reserve YOUR chosen domain name or register YOU for other Services within 30 (thirty) calendar days from receipt of YOUR payment for such services. In the event WE do not register or reserve YOUR domain name or register YOU for other Services, or WE delete YOUR domain name or other Services within such thirty (30) calendar day period, WE agree to refund YOUR applicable fee(s) paid. YOU agree that WE are not liable to YOU for loss or damages that may result from OUR refusal to register, reserve, or delete YOUR domain name or register YOU for other Services.
YOU agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement or any applicable Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the YOU and US.
OUR failure to require performance by YOU of any provision hereof does not affect the full right to require such performance at any time thereafter; nor does the waiver by US of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement must be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice is deemed given only when the sender has obtained an electronic confirmation of delivery. In the case of e-mail notification to US, e-mail must be sent to sales@Lavalhost.ca or, in the case of notice to YOU, at the e-mail address provided by YOU in YOUR WHOIS record. Any e-mail communication is validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it is deemed delivered on the next business day. In the case of regular mail notice, valid notice is deemed valid and effective 5 (five) business days after the date of mailing and, in the case of notification to US shall be sent to:
Lavalhost.ca, Registrant Affairs, 1163 Breault avenue, Quebec H7C 2M2 and in the case of notification to YOU shall be to the address specified in the "Administrative Contact" in YOUR WHOIS record.
YOU agree that this Agreement, the rules and policies published by US, and the applicable Dispute Policy, are the complete and exclusive agreement between YOU and US regarding OUR Services. This Agreement and any applicable Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
32. GOVERNING LAW.
This agreement is governed by, interpreted and enforced in accordance with the laws of province of Quebec and the federal laws of Canada without recourse to rules governing choice of laws. Any action relating to this agreement must be brought in Quebec and you irrevocably consent to the jurisdiction of such courts.
YOU attest that YOU are of legal age to enter into this Agreement.
34. ACCEPTANCE OF AGREEMENT.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation, agreement, guarantee or statement other than as set forth in this agreement.
Lavalhost.ca™ Mailing Policy and Limits
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
There is a 200 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per domain. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.
2. Mailing Lists Rules
1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
5. Any mailling list MUST comply with all guidelines set forth by the Canada and the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.