Terms and Conditions of Use

These Terms of Service (the “Agreement”) are an agreement between Legacy Groups Technologies Inc. (“Legacy Groups” or “us” or “our”) and you (“User” or “you” or “your” or “Customer”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Legacy Groups and of the legacygroups.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Account Eligibility

1. 1. By registering for or using the Services, you represent and warrant that:
      • • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
        • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

       

   2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Legacy Groups, is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Legacy Groups Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

    

   3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

   Transfers

   Legacy Groups will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact us to receive a price quote. In no event shall Legacy Groups be held liable for any lost or missing data or files resulting from a transfer to or from Legacy Groups. You are solely responsible for backing up your data in all circumstances.

   Use License

   Permission is granted to temporarily download one copy of the materials (information or software) on Legacy Groups’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

   • modify or copy the materials;
   • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   • attempt to decompile or reverse engineer any software contained on Legacy Groups’s web site;
   • remove any copyright or other proprietary notations from the materials; or
   • transfer the materials to another person or “mirror” the materials on any other server.

   This license shall automatically terminate if you violate any of these restrictions and may be terminated by Legacy Groups at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

   User Content

   1. 1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Legacy Groups that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to Legacy Groups a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Legacy Groups does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

       

      2. Legacy Groups exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Legacy Groups’s computers, network hubs and points of presence or the Internet. Legacy Groups does not monitor User Content. However, you acknowledge and agree that Legacy Groups may, but is not obligated to, immediately take any corrective action in Legacy Groups’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Legacy Groups shall have no liability due to any corrective action that Legacy Groups may take.

      Third Party Products and Services

      1. 1. Third Party Providers
            Legacy Groups may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Legacy Groups does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Legacy Groups is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Legacy Groups assumes full responsibility for any services provided directly by us.

       

      1. 1. Legacy Groups as Reseller or Licensor
            Legacy Groups may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Legacy Groups Products”). Legacy Groups shall not be responsible for any changes in the Services that cause any Non-Legacy Groups Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Legacy Groups Products, either sold, licensed or provided by Legacy Groups to you will not be deemed a breach of Legacy Groups’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Legacy Groups Product are limited to those rights extended to you by the manufacturer of such Non-Legacy Groups Product. You are entitled to use any Non-Legacy Groups Product supplied by Legacy Groups only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Legacy Groups Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Legacy Groups Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations. Legacy Groups assumes full responsibility for any services provided directly by us.

       

      1. Third Party Websites
         The Services may contain links to other websites that are not owned or controlled by Legacy Groups (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

      Billing and Payment Information

      1. 1. Prepayment
            It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

       

      1. 1. Autorenewal
            Unless otherwise provided, you agree that until and unless you notify Legacy Groups of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

       

      1. 1. Taxes
            Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Legacy Groups invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

       

      1. 1. Late Payment
            All invoices must be paid on their stated due date. Any outstanding invoice may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Legacy Groups may suspend or terminate your account and pursue the collection costs incurred by Legacy Groups, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Legacy Groups will not activate new orders or activate new packages for customers who have an outstanding balance on their account.Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Legacy Groups directly after you make a late payment to reactivate the dedicated server.

       

      1. 1. Domain Payments
            It is solely your responsibility to notify Legacy Groups after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Legacy Groups is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

       

      1. 1. Fraud
            It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Legacy Groups may report any such misuse or fraudulent use, as determined in Legacy Groups’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

       

      1. 1. Invoice Disputes
            You have ninety (90) days to dispute any charge or payment processed by Legacy Groups. If you have any questions concerning a charge on your account, please reach out to Legacy Groups for assistance.

       

      1. Payment Card Industry Security Standard Disclaimer
         Legacy Groups complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Legacy Groups does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

      Suspension and Removals

      1. 1. Suspension / Removals
            If Customer becomes aware that any Application, Project, or Customer Data violates the Terms of Service, Customer will immediately suspend the Application or Project and/or remove the relevant Customer Data (as applicable). If Customer fails to suspend or remove as noted in the prior sentence, Legacy Groups may specifically request that Customer do so. If Customer fails to comply with Legacy Group’s request to do so within twenty-four hours, then Legacy Groups may disable the Project or Application, and/or disable the Account (as may be applicable) until such violation is corrected.

       

      1. 1. Emergency Security Issues
            Notwithstanding the foregoing, if there is an Emergency Security Issue, then Legacy Groups may automatically suspend the offending Application, Project, and/or Account. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Legacy Groups suspends an Application, Project, or the Account, for any reason, without prior notice to Customer, at Customer’s request, Legacy Groups will provide Customer the reason for the suspension as soon as is reasonably possible.

      CPU, Bandwidth and Disk Usage

      1. 1. 1. Permitted CPU and Disk Usage
               All use of hosting space provided by Legacy Groups is subject to the terms of this Agreement.Legacy Groups expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Legacy Groups may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Legacy Groups’s terms and conditions.All usage is limited by the resources allocated to the specific plan that you have purchased.

       

      1. 1. 1. Bandwidth Usage
               All bandwidth usage is subject to the terms of the plan you purchased and can be viewed in your control panel.

      Uptime Guarantee

      If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Legacy Groups and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact Legacy Groups [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

      Reseller Terms and Client Responsibility

      1. 1. 1. Resellers shall ensure that each of their clients complies with this Agreement.
            2. Resellers are responsible for supporting their clients. Legacy Groups does not provide support to clients of Legacy Groups’s resellers. If a reseller’s client contacts Legacy Groups, Legacy Groups reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
            3. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Legacy Groups will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
            4. Legacy Groups is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Legacy Groups from and against any and all claims made by any User arising from the reseller’s acts or omissions.
            5. Legacy Groups reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Legacy Groups.
            6. Resellers in the Legacy Groups Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

      Shared (non-reseller accounts)

      Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

      Dedicated Servers

      Legacy Groups reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Legacy Groups reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Legacy Groups will not be liable for any loss of data resulting from such deletion.

      Price Change
      Legacy Groups reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Legacy Groups through the user billing tool or through other methods of communication, including notices sent or posted by Legacy Groups.

      Limitation of Liability

      IN NO EVENT WILL LEGACY GROUPS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF LEGACY GROUPS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEGACY GROUPS’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LEGACY GROUPS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

      Indemnification

      You agree to indemnify, defend and hold harmless Legacy Groups, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “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 (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

      Disclaimer

      LEGACY GROUPS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Legacy Groups does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Legacy Groups disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Legacy Groups or our employees.

      Backups and Data Loss

      Your use of the Services is at your sole risk. Legacy Groups’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Legacy Groups’s sole discretion. Legacy Groups does not maintain backups of dedicated accounts. Legacy Groups is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Legacy Groups’s servers.

      Limited Warranty

      THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, LEGACY GROUPS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. LEGACY GROUPS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. LEGACY GROUPS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

      Disclosure to Law Enforcement

      Legacy Groups may disclose User information to law enforcement agencies upon consent from the User if a lawful request from such agencies is issued. We cooperate fully with law enforcement agencies.

      Severability

      If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

      Assignment; Successors

      You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Legacy Groups. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Legacy Groups may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

      Revisions and Errata

      The materials appearing on Legacy Groups’s web site could include technical, typographical, or photographic errors. Legacy Groups does not warrant that any of the materials on its web site are accurate, complete, or current. Legacy Groups may make changes to the materials contained on its web site at any time without notice. Legacy Groups does not, however, make any commitment to update the materials.

      Links

      Legacy Groups has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Legacy Groups of the site. Use of any such linked web site is at the user’s own risk.

      Site Terms of Use Modifications

      Legacy Groups may revise these terms of at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Service.