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Web Hosting - Terms of Service

30 DAY MONEY BACK GUARANTEE
Studio 457 offers a 30 day money back guarantee from the date the order was placed, if for any reason we fail to deliver services as described. Please note that set up fees to activate your account and any domain name charges which we have incurred on your behalf are non refundable. You will be given full access to your domain and will incur no further charges from us. All refunds are made within 30 days.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Studio 457 reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due monthly/yearly following the date the account was established, confirmation of payment will be sent directly to customers via email from our payment processor shortly after the online purchase has been made. Your payment is recurring and you will be billed at the interval you agreed to, if you wish to cancel the billing you may do so 30 days prior to a new billing period.

Any errors regarding payment/billing must be brought to our attention within 30 days of the transaction; There is a $35.00 administrative fee for any charge back placed against us without first trying to resolve the issue through ourselves. Any charge backs or threatened charge backs are grounds for immediate account cancellation.

BILLING & LATE FEES
If Studio 457 does not receive payment for products or services when due - our system will automatically add late fees, suspend, and then ultimately terminate your account.

The following guidelines apply:

  • Late Fees Added at: 10 days overdue
  • Account Suspension at: 15 days overdue
  • Account Termination at: 37 days overdue

CANCELLATION
Studio 457 reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership less fees and domain registration costs. In the event of Studio 457 terminating a customer's account due to a situation beyond Studio 457's control, the customer is not entitled to a refund. In this event Studio 457 will attempt to offer an alternative service at Studio 457's own sole discretion. Studio 457 does not guarantee that an alternative service will be offered or be available to the customer.

If a customer contravenes Studio 457's terms of service a refund will not be issued in the event of a cancellation by Studio 457 and/or the customer.

Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable. All cancellations must be submitted to our sales staff 30 days prior to a new billing period.

FORCE MAJEURE
Studio 457 shall not be in default under the Terms of Service if the failure to perform is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, failure of network providers, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

PCI DSS Compliance (Payment Card Industry Data Security Standard)
If you are a planning to accept credit card payments on or through your website, you must now be PCI DSS Compliant. There are no exceptions. Please read this disclaimer before proceeding with your hosting purchase.

SPAM
Studio 457 has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Studio 457 network, by customers or any other users of the Studio 457 network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Studio 457 server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email, cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Studio 457 email address or web site URL is prohibited. The use of Studio 457 servers as a mail drop for responses to activities described above is also prohibited.

Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $500 network abuse fee.

ILLEGAL MATERIAL
You may not use Studio 457's network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:

  1. You have been expressly authorized by the owner of the copyright for the work to be copied in that manner.
  2. You are otherwise permitted by established United States and International copyright law to copy the work in that manner.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and 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.

Adult Material - Includes all pornography, or otherwise lewd or obscene content. We reserve the right to deem which is adult material and which is not.

Any account found to contain these materials will be terminated with no refunds.

RESOURCE USER POLICY
Resources are defined as bandwidth usage and/or processor utilization. We do not offer unlimited bandwidth. We do not offer unlimited resources. If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us to get your account 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 on the same server.

SERVER USE
Reselling the Services is strictly prohibited and is a material breach of the Terms of Service. Personal accounts are to be used by the primary owner or authorized executive only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties or to offer free or paid email forwarding/sub domains to others. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Studio 457 reserves the right to refuse service and /or access to its servers to anyone. Ubb boards and yabb or any cgi based boards or IRC are not permitted, php such as phpbb and vbulltin boards are accepted. We reserve the right to disable any CGI script that effects normal server operation or service to other customers.

We do not allow mass email marketing sites on our servers. Sites such as "safe lists" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.


DISRUPTIONS
You are not permitted to use our services for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes; denial of service; (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Studio 457 does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Customers found hosting this material will be subject to immediate cancellation without refund. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Studio 457 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors/attorney's fees asserted against Studio 457, 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 Studio 457 against liabilities arising out of; (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Studio 457 server; (ii) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective products sold to customer from Studio 457's server.

INTELLECTUAL PROPERTY USE AND OWNERSHIP
Neither party shall (i) use the other party's name, trademarks, trade names or logos in either its own legal name or in any fictitious or assumed name without the party's consent; (ii) knowingly remove or alter any logo, trademark, trade name, copyright, or other proprietary notice, legend, or symbol from any of the other party's products or documentation; or (iii) take any action, or intentionally omit to take any action that would jeopardize, limit, or interfere in any manner with the ownership of the other party's products, services, documentation, or intellectual property. Title to and ownership of all copies of any products, services, software, documentation, or Internet services developed by or for Studio 457 during the Term, whether in machine-readable or printed form, and including without limitation any derivative works, compilations, or collective works thereof, and all related technical know-how, and all rights therein (including without limitation rights in patents, copyrights and trade secrets applicable thereto), are and shall remain the exclusive property of Studio 457 and its suppliers. You shall not take any action to jeopardize, limit, or interfere in any manner with our ownership and rights therein.

DISCLAIMER
Studio 457 will not be responsible for any damages your business may suffer. Studio 457 makes no warranties of any kind, expressed or implied for services we provide. Studio 457 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 457 and its employees. Studio 457 reserves the right to revise its policies at any time. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Customers are solely responsible for backing up their own data.

YOUR INFORMATION
You represent and warrant to Studio 457 and/or its representatives that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that Studio 457 may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that Studio 457 reasonably believes violates applicable law, and provide any information that Studio 457 have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

PRIVACY
We respect your privacy. We do not collect personal or sensitive information on you. We do not rent, sell or share information to third parties about our customers. Please see our Privacy Policy for more information.

REVISIONS
We reserve the right to revise, amend, or modify this TOS (Terms of Service) and any or all of our other policies and agreements at any time and in any manner. Clients of Studio 457 will be notified via email of any significant revision, amendment, or modification and these changes will also be posted on the corresponding pages of our website.

 
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