Current Policies
Studio 1 Design and Hosting will never require
client to advertise for Studio 1 Design and Hosting on their website
in any way shape or form. Client is allowed to use site for business/commercial
or personal websites or content.
Content:
All services provided by Studio 1 Design and Hosting may be used
for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United
States Federal, State or City law is prohibited. This includes,
but is not limited to: copyrighted material, material that is threatening
or obscene, material that is "adult only" content, or
material protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless Studio 1 Design and Hosting
from any claims resulting from the use of the service which damages
the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited
on any server. This includes sexual content, or direct links to
adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to our servers
or any other server on the Internet. Links to such materials are
also prohibited. Studio 1 Design and Hosting will be the sole arbiter as
to what constitutes a violation of this provision.
Examples of non-acceptable content or links
- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
Studio 1 Design and Hosting will be the sole arbiter as to what constitutes
a violation of this provision.
Traffic Guidelines:
Due to the unique resource characteristics and traffic patterns
associated with certain types of sites, the following are limited
to 5 gigs (on average, close to a 100,000 hits per month) of free
traffic/bandwidth per month:
- Sub hosting - any domain housing additional users
- Shareware, sound, video, image and multimedia archives
- Mirror sites
- Distribution points
- Any site whose primary purpose is file distribution
- All sites with files other than plain text webpages
Sites that go over the allowed free traffic will be charged $20
per gig. Extra bandwidth must be purchased 5 gigs at a time. Sites
must pre-pay this fee, and site is subject to suspension if bandwidth
is unpaid for.
Chat Rooms:
We provide a FREE chat room that will more than fill your needs.
Background Running Programs:
As a general rule we do not allow background running programs. We
may allow programs to run continually in the background , these
are considered on a one to one basis and an extra charge will be
incurred based on system resources used and operational maintenance
needed.
IRC:
We currently do not allow you to link to or use IRC or IRC bots
such as eggdrop, and BitchX on our servers.
CGI Scripts:
Each Studio 1 Design and Hosting account comes fully equipped with its own
pre-configured CGI-Bin. Customers are free to use any CGI-scripts
provided with their account or add any additional ones they require.
Any CGI-scripts deemed to be adversely affecting the server performance
or the network integrity may be shut down without prior notice.
CGI-script sharing with domains not hosted by Studio 1 Design and Hosting
is not allowed.
Server Resources:
Any web site that uses a high amount of server resources (such as,
but not limited to CPU time, memory usage, and network resources)
can be suspended without notice, and then may be given an
option of either upgrading their service level or reducing the resource
used to an acceptable level.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials:
Violation of indecency and obscenity laws can result in criminal
penalties.
Intellectual Property Rights:
Material accessible to you through Studio 1 Design and Hosting's Services
may be subject to protection under the United States or other copyright
laws, or laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the owner of such
rights, you must not use the Studio 1 Design and Hosting Service in a manner
that would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or receive
through the Studio 1 Design and Hosting Network. If you use a domain name
in connection with the Studio 1 Design and Hosting Service or similar service,
you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
Network Security:
Customers may not use the Studio 1 Design and Hosting Network with an attempt
to circumvent user authentication or security of any host, network,
or account. This includes, but is not limited to, accessing data
not intended for the customer, logging into a server or account
the customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers
may not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a host
or network. Studio 1 Design and Hosting will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate system or network
security may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of Service:
Studio 1 Design and Hosting reserves the right at its sole discretion to
refuse or cancel service. Violation of any of Studio 1 Design and Hosting's
Rules and Regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due to policy
violations will not be refunded.
Spam Or Unsolicited E-Mail:
You must not use the Studio 1 Design and Hosting Network, Studio 1 Design and Hosting equipment or any Studio 1 Design and Hosting email address in connection
with the transmission of spam, flames, mail bombs, or substantially
similar, unsolicited email messages. Your domain may not be referenced
as originator, intermediary, or reply-to address in any of the above.
This prohibition extends to the sending of unsolicited mass mailings
from another service that in any way implicates the use of the Studio 1 Design and Hosting Network, Studio 1 Design and Hosting equipment or any Studio 1 Design and Hosting email address. A message is considered unsolicited if
it is posted in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message. For
purposes of this provision, merely making one's email address accessible
to the public will not constitute a request or invitation to receive
messages.
If you are found to have spammed, without warning, Studio 1 Design and Hosting reserves the right to disable your domain. In addition,
Studio 1 Design and Hosting may impose a $100 penalty for each spam policy
violation. Studio 1 Design and Hosting solely reserves the right to refuse
or cancel service to known spammers. Lastly, Studio 1 Design and Hosting
reserves the right to determine what violates this policy. As such,
any violation may result in cancellation of services without refund.
As such, any violation will result in immediate deactivation of
services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or
cause harm to a Studio 1 Design and Hosting server, customer, employee,
or the company directly is strictly prohibited and is grounds for
immediate termination without refund. In addition, we will pursue
all attempts to the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Studio 1 Design and Hosting harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against Studio 1 Design and Hosting, 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,
it's agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless Studio 1 Design and Hosting against liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Studio 1 Design and Hosting
server; (2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party and (3) copyright
infringement. Customer agrees to limit the liability of Studio 1 Design and Hosting to the amount paid for service.
Refunds:
Studio 1 Design and Hosting offers a 30 day money back guarantee on
hosting plans only. Other purchases such as but not limited
to web site design and logo design are non-refundable. After this
30 day period there are no refunds or cancellations. Further, any
and all additional fees or fines incurred while using our service
(including but not limited to spamming fines, traffic overage charges
or abuse fines) are non-refundable and may not be cancelled in any
way. If you request and receive a refund for your purchase, and
you have not paid all of your fines and/or additional charges, you
will be billed for the balance due. This means that you will not
be given access to files stored on our servers. If you ever return
to host with us, you must pay any balance due before you can host
with us again. Refunds resulting from our decision to terminate
your service (per "Refusal of Service" above) may
or may not be issued and is at our sole discretion.
Payment Terms:
The subscriber is responsible for providing up-to-date payment information.
Studio 1 Design and Hosting will not be held responsible should the subscriber's
payment information become out-of-date. If payment is by credit
card, the subscriber authorizes Studio 1 Design and Hosting to charge the
credit card listed on the order form for those charges for Studio 1 Design and Hosting services that may accrue from month to month, or for
any past-due balances in order to bring the account to current status.
Credit card payments will be billed and charged automatically, and
Studio 1 Design and Hosting may charge the amount due to the provided card
at any time. Accounts are in default if payment is not received
on due date. Accounts unpaid after due date may have their service
interrupted. Such interruption does not relieve the subscriber from
the obligation to pay the monthly or quarterly charge. Only a 30-day
advanced written request to terminate your service relieves you
of your obligation to pay the monthly or quarterly account charge.
In the event of default, the subscriber agrees to pay Studio 1 Design and Hosting its reasonable expenses, including attorney and collection
agency fees, incurred in enforcing its rights under these Terms
and Conditions. All pricing is guaranteed for a period of one-year.
Studio 1 Design and Hosting reserves the right to change pricing at any
time.
Disclaimer:
Studio 1 Design and Hosting will not be responsible for any damages
your business may suffer. Studio 1 Design and Hosting makes no warranties
of any kind, expressed or implied for services we provide. Studio
1 Design and Hosting disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Studio 1 Design and Hosting and its employees.
Studio 1 Design and Hosting reserves the right to amend or update
these policies without notice. Failure to follow any terms and conditions
may result in account deactivation.
Website and Logo Design: Every effort will be
made to ensure your website or logo design is an original creation
unique to your identity. However, the customer must obtain his or
her own legal advice regarding securing copyright and/or trademark
protection and is responsible for making sure your website and/or
logo design has the correct marks and does not infringe on anyone
else's design or content. (e.g. the use of the copyright ©,
trademark , or registered trademark ® marks). We will
append these marks to your website content or logo design upon your
request. Further, because there are millions of website and logo
designs in use in the world today and because it is not possible
nor reasonable for Studio 1 Design and Hosting to be aware of any
particular design in use, we cannot be held responsible for damages,
whether civil or criminal resulting from any possible infringement
from website or logo designs produced by Studio 1 Design and Hosting.
Studio 1 Design and Hosting furthermore expects
that its customers who provide Internet services to others will
fully comply with all applicable laws concerning the privacy of
online communications. A customer's failure to comply with those
laws will violate this policy. Finally, Studio 1 Design and Hosting
wishes to emphasize that in accepting services, customers indemnify
Studio 1 Design and Hosting for the violation of any law or Studio
1 Design and Hosting policy, that results in loss to Studio 1 Design
and Hosting or the bringing of any claim against Studio 1 Design
and Hosting. This means that if Studio 1 Design and Hosting is sued
because of activities of the customer that violate any law, or this
policy, the customer will pay any damages awarded against Studio
1 Design and Hosting, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result
in grounds for immediate account deactivation.
Studio 1 Design and Hosting reserves the right to change, edit, or update
the policies contained in this document at any time for any reason
without notice.
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