All My Studio Space
customers must abide by the following Terms
and Conditions of service: WEB HOSTING
SERVICE AGREEMENT & ACCEPTABLE USE
POLICY
This Web Hosting Agreement (this "Agreement")
sets forth the terms and conditions of
your use of My Studio Space, for web hosting
services. You certify that you are at least
18 years of age. As a My Studio Space account
holder, you agree to be bound by all terms
and conditions of this Agreement, the fee
schedules on the Online Order forms and
any policies that are or may be published
by My Studio Space. This Agreement will
become effective when accepted by My Studio
Space. By posting notice 30 days in advance
at a web page available on our web site
(http://mystudiospace.com), My Studio Space
may modify the terms and conditions of
this Agreement or the prices of its services,
as well as discontinue or change the services
offered. You will be bound by the modified
Agreement, prices and/or policies if you
continue to use the services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms
and conditions of My Studio Space services
as offered by My Studio Space and used
by you, including the provision of web
hosting services on My Studio Space servers
and connectivity to the Internet (the "Services").
My Studio Space will provide the Services
for the amount of server storage space
selected in exchange for payment of fees
and full compliance with the terms and
conditions of this Agreement. In performing
the Services, My Studio Space maintains
control and ownership of any and all Internet
protocol ("IP") numbers and addresses
that may be assigned to you and reserves
the right to change or remove any and all
IP numbers and addresses at its sole discretion.
1.2. You are responsible for producing,
electronically uploading and maintaining
HTML files, execution scripts, applets
and applications (the "Upload Materials")
to your website, and you hereby warrant
that all Upload Materials shall be owned
or properly licensed by you and shall not
adversely impact the Services or violate
any rights of any third parties. You are
responsible for ensuring that all Upload
Materials will function properly and as
intended. You are responsible for all activity
originating from your website, unless proven
to be a victim of outside hacking or address
forgery. You assume responsibility for
all material on your website that may be
put on by a third party (such as the usage
of Free For All links pages). Use of the
Services requires a certain level of knowledge
in the use of Internet languages, protocols,
and software, which can vary depending
on your anticipated use and desired content
of your website, and includes, but is not
limited to, the following: web publishing
requires knowledge of HTML, properly locating
and linking documents, FTPing web contents,
graphics, text, sound, image mapping, etc.;
CGI-scripts requires knowledge of the UNIX
environment, gunzip commands, Perl, CShell
scripts, permissions, etc.; and mail requires
knowledge of use of mail clients to receive
and send mail, etc. You acknowledge that
you have the necessary knowledge to create,
modify and maintain your website. My Studio
Space assumes no responsibility to provide
you with such knowledge.
1.3. In connection with the Services,
My Studio Space may provide for your use
certain tools and software, including,
but not limited to, certain specialty scripting
software and/or certain programming language
software for designing websites (collectively,
the "Tools"). These Tools are
copyrighted and proprietary property owned
by My Studio Space. To the extent that
such Tools are provided to you, you are
granted a nonexclusive, nontransferable
license to use the Tools in object-code
form only for your internal use, solely
in connection with the Services provided
under this Agreement.
1.4. Every hosting account with My Studio
Space includes a 30-day money back guarantee.
If you choose to cancel your account within
the first 30 days and notify us by calling
our toll free number 888-420-5067. We will
refund all routine account fees, exclusive
of any set up or domain names fees. Accounts
closed after 30 days do not qualify for
refund of any pre-paid fees.
1.5. For server restoration purposes only,
My Studio Space makes full back-ups of
websites weekly, and backups of new/changed
data nightly; however, My Studio Space
makes no guarantees of any kind, either
expressed or implied, as to the integrity
of these back-ups. You are responsible
to maintain local copies of your website.
If loss of data occurs due to an error
of My Studio Space, My Studio Space will
attempt to recover the data for no charge.
Otherwise, My Studio Space will attempt
to recover the data from the most recent
archive for a $50 fee.
1.6. My Studio Space reserves the right
to monitor its systems electronically and
to access and disclose any information
as permitted or required by any law, regulation
or other governmental request to operate
its systems properly, to protect itself
or its accountholders or for any other
reason it in good faith deems necessary.
My Studio Space will fully cooperate with
law enforcement authorities in investigating
suspected lawbreakers and reserves the
right to report to law enforcement any
suspected illegal activity it becomes aware
of. It is not My Studio Space's intention
that its Services or facilities be used
in contravention of the Communications
Decency Act of 1996 (the "CDA")
or any other applicable law.
1.7. You agree to comply with the requirements
of the CDA and the Digital Millennium Copyright
Act (the "DMCA") and acknowledge
that My Studio Space is a "service
provider"
under the DMCA and is therefore immune
from liability under the DMCA, including
17 U.S.C. § 512. Consistent with the
DMCA, My Studio Space will accommodate
standard technical measures used to identify
and protect copyrighted works, and, as
further described herein, My Studio Space
has a policy of terminating accountholders
who are copyright infringers.
1.8. Websites are unmodified forums containing
the personal opinions and other expressions
of the persons who post entries on a wide
range of topics. Neither the content of
websites located on My Studio Space servers
nor the links to other websites are screened,
approved, reviewed or endorsed by My Studio
Space. My Studio Space is not a publisher
of any of the content of websites, or of
any content that may be available through
the links to and from them, and is acting
solely as an Internet web-hosting service
provider. The text and other material on
such websites are the opinion of the specific
author and are not My Studio Space statements
of advice, opinion or information.
2. Limited Warranty; Limitation of Liability;
Indemnification
2.1. Limited Warranty. You acknowledge
that the Services are provided "as
is." Neither My Studio Space, nor
any of its employees or agents, warrants
that the Services will be uninterrupted,
error free or free from viruses or other
harmful components. My Studio Space is
not responsible for and hereby disclaims
any warranties, either expressed or implied,
regarding the quality, accuracy, or validity
of the data and/or completeness, non-infringement,
merchantability or fitness for a particular
purpose of information available on its
servers or residing on or passing through
its interconnecting networks. Use of information
obtained from or through the Services is
at your risk. Under no circumstances will
My Studio Space be liable to you or any
other person for any loss or damage caused
by your reliance on information available
on its servers or obtained through the
Services.
2.2. Limitation of Liability. IN NO EVENT
SHALL My Studio Space BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE OR OTHER
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS AND DAMAGES RELATED
TO CORRUPTION OR DELETION OF WEBSITE CONTENTS)
ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
OR YOUR USE OR INABILITY TO USE My Studio
Space's SERVICES (INCLUDING, BUT NOT LIMITED
TO, INOPERABILITY OF My Studio Space's
SERVERS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, EVEN IF My Studio Space HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL My Studio Space's
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO My Studio Space FOR THE
SERVICES DURING THE PRIOR TWELVE (12) MONTHS.
TO THE EXTENT APPLICABLE STATE LAW DOES
NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, My
Studio Space's LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify,
defend and hold My Studio Space and its
affiliates, directors, officers, employees
and agents harmless from and against any
liabilities, losses, damages or costs,
including reasonable attorneys' fees, resulting
from any third-party claim, action, dispute
or demand related to your use of the Services,
your violation of any of the provisions
of this Agreement or from your placement
or transmission of any materials or content
onto My Studio Space's servers. Such liabilities
may include, but are not limited to, those
arising from the following: (a) with respect
to your business, (i) infringement or misappropriation
of any intellectual property rights; (ii)
defamation, libel, slander, obscenity,
pornography, or violation of the rights
of privacy or publicity; or (iii) spamming,
or any other offensive, harassing or illegal
conduct or violation of the acceptable
uses described herein or anti-spam policy;
(b) any damage or destruction to My Studio
Space's equipment or to any other accountholder,
which damage is caused by or otherwise
results from acts or omissions by you,
your representative(s) or your designees;
(c) any personal injury or property damage
arising out of your activities related
to the Services, unless such injury or
property damage is caused solely by My
Studio Space's gross negligence or willful
misconduct; and (d) any other damage arising
from your equipment or your business.
3. Payment of Fees
3.1. My Studio Space will publish a notice
of fee increases 30 days before such increases
take effect on the web site. A listing
of current monthly and/or annual fees can
be found at the http://mystudiospace.com.
3.2. You agree to provide My Studio Space
with accurate and complete billing information,
including your legal name, address, telephone
number, e-mail address and applicable payment
date and to update this information immediately
if any change occurs. You must secure your
account with a valid credit card. Payments
must be submitted in advance of receiving
the Services.
3.3. You acknowledge that My Studio Space
will bill your credit card prior to the
Payment Interval you have chosen. You authorize
automatic billing by My Studio Space on
an on-going basis during the term of this
Agreement. All accounts will be billed
at each designated interval (monthly, quarterly,
or annually) automatically and without
specific notice. You are responsible for
terminating account(s) and associated billing
except as noted here in cases of violation
of My Studio Space policies.
3.4. Delinquent accounts are those that
remain unpaid at the beginning of the next
Payment Interval. The Services will be
suspended if your account is delinquent,
and My Studio Space will insert a message
at your website indicating your suspension
that visitors to your website will see.
Notwithstanding any other rights My Studio
Space may have in this Agreement, all of
your website contents will be destroyed
if your account is delinquent for 60 days.
My Studio Space accounts continue to accrue
charges while they are delinquent or if
the Services are suspended.
3.5. You acknowledge responsibility for
your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All
complaints of abuse, violation and misuse
of the Services, whether described in this
Section 4 or otherwise, shall be investigated
promptly. If you are not sure if your actions
will be an abuse, violation or misuse,
please ask first: abuse@mystudiospace.com.
You are responsible for all use of your
website, with or without your knowledge
or consent.
You agree to use the Services only for
lawful purposes, in compliance with all
applicable laws. Illegality includes, but
is not limited to, drug dealing; attempting
without authorization to access a computer
system; pirating (distributing copyrighted
material in violation of copyright law,
specifically MP3s, MPEGs, ROMs, and ROM
emulators); gambling; schemes to defraud;
trafficking in obscene material; sending
a message or having content that is obscene,
lewd, lascivious, filthy, or indecent with
intent to annoy, abuse, threaten, or harass
another person; threatening bodily harm
or damage to individuals or groups; violating
U.S. export restrictions; stalking; or
violating other state or federal law, such
as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act,
or the Economic Espionage Act. Linking
to illegal material is also prohibited.
When My Studio Space becomes aware of
possible violations of this Agreement,
My Studio Space may initiate an investigation
that may include gathering information
from you and the complaining party, if
any, and examination of material on My
Studio Space's servers. My Studio Space,
in its sole discretion, will determine
what action will be taken in response to
a violation on a case-by-case basis. Violations
of this Agreement could subject you to
criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE
TO WAIVE AND HOLD My Studio Space HARMLESS
FROM ANY CLAIMS RELATING TO ANY ACTION
TAKEN BY My Studio Space AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION
OF THIS AGREEMENT OR AS A RESULT OF ITS
CONCLUSION THAT A VIOLATION OF THIS AGREEMENT
HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM
My Studio Space AS A RESULT OF My Studio
Space's DECISION TO REMOVE MATERIAL FROM
ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE
YOUR ACCOUNT, OR TAKE ANY OTHER ACTION
DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF My Studio Space
's CONCLUSION THAT A VIOLATION HAS OCCURRED.
THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED
IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials
in the public domain (e.g., images, text,
and programs) may be downloaded or uploaded
using the Services. You may also re-distribute
materials in the public domain. You assume
all risks regarding the determination of
whether the material is in the public domain.
You are prohibited from storing, distributing
or transmitting any unlawful material through
the Services. Examples of unlawful material
include, but are not limited to, threats
of physical harm, child pornography, and
copyrighted, trademarked and other proprietary
material used without proper authorization.
Pornography and sex-related merchandising,
or links to such material, even if legal,
are not acceptable uses of My Studio Space's
servers. You may not post, upload or otherwise
distribute copyrighted material on My Studio
Space's servers without the consent of
the copyright holder.
Unacceptable uses of website content also
include the presence of the following programs
or the activities associated with them,
regardless of whether or not any actual
intrusion results in the corruption or
loss of data: server broadcast messages
or any message sent on an intrusive basis
to any directly or indirectly attached
network; attempts to circumvent any user
authentication or security of host, network,
or account; accessing data not intended
for user; probing the security of any network;
spawning dozens of processes; port scans,
ping floods, packet spoofing, and forging
router information; denial of service attacks,
sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land and teardrop; promulgation
of viruses; and IRC bots, such as eggdrop
or BitchX.
My Studio Space supports free speech on
the Internet and will not suspend or cancel
your account simply because it disagrees
with your views expressed at your website.
However, examples of unacceptable activities
include posting private information about
a person without his or her consent, defaming
a person or business, and knowingly making
available code that will have a deleterious
effect on third-party computers. Where
there are allegations that your on-line
activity has violated the legal rights
of a third party, My Studio Space will
not substitute itself for a court of law
in deciding tort claims raised by the third
party.
4.3. Email Use. Unacceptable affronts
to netiquette and unacceptable activities
include, but are not limited to, the following:
spamming (sending unsolicited advertising
to those with which you have no existing
business relationship and posting off-topic
advertising in newsgroups); spoofing (using
a return email address that is not the
valid reply address of the sender or sending
an email message that does not contain
enough information to enable the recipient
to identify you); passive spamming (promoting
a website hosted by My Studio Space by
spamming from some other source); trolling
(posting controversial messages in newsgroups
to generate responses); mailbombing (inundating
a user with email without any serious intent
to correspond or sending large or multiple
files to a user); generating a higher volume
of outgoing mail than a normal user (over
10% of available system resources); propagating
chain letters; and subscribing someone
else to an electronic mailing list without
that person's permission. A message is
considered unsolicited if it is posted
in violation of a newsgroup charter or
sent to a recipient who has not requested
the message. Making an email address available
to the public does not constitute a request
to receive messages. Distribution of mass
emailing programs is also prohibited. All
recipients on a mailing list must have
personally subscribed. Mailing lists may
not be used to distribute unsolicited email.
If you are repeatedly mailbombed or attract
such behavior, the Services will be terminated.
You should not send email to any user
who does not wish to receive it, either
at My Studio Space or elsewhere. My Studio
Space recognizes that email is an informal
medium; however, you must refrain from
sending further email to a user after receiving
a request to stop.
My Studio Space reserves the right to
zip (compress) any customer email box that
exceeds 50 megs in size. Customers with
zipped boxes will be notified and instructed
on how to access or download their zipped
email files. If zipped boxes remain unaccessed
for 30 days My Studio Space reserves the
right to delete the email box.
You may not alter the headers of email
messages to disguise their identity or
to prevent users from responding to the
messages. My Studio Space may disclose
the usernames of accounts responsible for
forged email messages to system administrators
or users requesting the information.
Violations of the My Studio Space policies
outlined herein can sometimes result in
massive numbers of email responses. If
you receive so much email that My Studio
Space resources are affected, My Studio
Space staff may shut down your mailbox.
4.4. System Security. You are prohibited
from utilizing the Services to compromise
the security of system resources or accounts
on servers at My Studio Space or at any
other site. Use or distribution of tools
designed for compromising security or containing
viruses or trojans are prohibited. Examples
of these tools include, but are not limited
to, password guessing programs, cracking
tools or network probing tools.
If you are involved in violations of system
security, My Studio Space reserves the
right to release all usernames of users
involved in such violations to system administrators
at other sites in order to assist them
in resolving security incidents. My Studio
Space will also fully cooperate with law
enforcement authorities in investigating
suspected lawbreakers.
4.5. System Resources. System abuse includes
any use of My Studio Space resources that
disrupts the normal use of its servers
or services for others. Examples of system
abuse include running excessive numbers
of processes or consuming excessive amounts
of CPU time, memory or disk space.
Any usage of 10% or more of My Studio
Space's system resources is an undue burden
on My Studio Space's system and is unacceptable.
If your usage ever exceeds 10% of system
resources, your account may be terminated
immediately and without prior notice.
Further, running programs in the background
on a My Studio Space server without My
Studio Space's prior written authorization,
or running chat rooms, Internet Relay Chat,
IRC bots, more then 1,000 emails a day
and the like are not acceptable uses of
My Studio Space's servers.
Due to their use of flat files instead
of databases, My Studio Space does not
allow the use of UBB or YABB bulletin boards.
Use of these boards for large or very active
forums may result in system performance
degradation, and cannot be allowed in our
shared server environment. We suggest using
VBulletin or phpBB as more efficient, database-driven
alternatives to these bulletin boards.
5. My Studio Space's Right to Terminate
Agreement
(a) My Studio Space reserves the right
to suspend or terminate the Services to
you and remove or prevent access to any
material from your website at any time,
without prior notice or liability, for
any conduct that My Studio Space, in its
sole discretion, believes violates this
Agreement or is otherwise harmful to My
Studio Space's interests or the interests
of other accountholders. (b) My Studio
Space also reserves the right to comply
with the take-down provisions of the DMCA
and to seek injunctive, declaratory, interpleader
or other judicial or equitable relief (and,
pending such action, to suspend all access
to your website) if any third-party claim
is made that your website content or use
violates any of the acceptable uses or
your obligations or representations described
in this Agreement.
6. Cancellation of Accounts
6.1. You must cancel your My Studio Space
account by using the form located at: http://mystudiospace.com/cancel_domain.php.
Accounts closed after 30 days of initiation
or annual renewal do not qualify for refund
of any pre-paid fees, including annual
accounts.
6.2. All My Studio Space accounts must
be paid in full before the cancellation
will be considered complete.
6.3. If your account is suspended or terminated
for any reason permitted by this Agreement,
My Studio Space may, at its sole discretion,
permanently delete your website contents
from My Studio Space servers, and My Studio
Space will not be able to reopen or restore
such content.
7. Arbitration; Governing Law
7.1. Except for My Studio Space's compliance
with take-down provisions of the DMCA or
injunctive or other equitable actions initiated
by My Studio Space pursuant to Section
5(b), if any controversy or dispute arises
in connection with this Agreement, the
Services or your use of My Studio Space's
servers, such controversy or dispute shall
first be presented for resolution by My
Studio Space and you. If no resolution
is reached within 7 days thereafter, then
such controversy or dispute shall be resolved
by binding arbitration in Mesa, Arizona,
under the then-current rules of commercial
arbitration of the American Arbitration
Association. Each party shall select an
arbitrator with expertise in computer law
and the Internet, and these two arbitrators
shall select the third arbitrator with
such expertise. The validity, terms, performance
and enforcement of this Agreement shall
be governed and construed by its provisions
and in accordance with the laws of the
State of Arizona (without regard to conflicts
of laws principles).
7.2 You hereby irrevocably and unconditionally
consent to submit to the exclusive jurisdiction
of the state and federal courts located
in Mesa, Arizona, for any action, suit
or proceeding arising out of or relating
to Section 5(b) of this Agreement and the
arbitration contemplated by this Section
7.
8. Miscellaneous
You may not assign your rights and obligations
under this Agreement without the prior
written consent of My Studio Space, which
may be withheld at My Studio Space's discretion.
Nothing contained in this Agreement shall
be construed as creating any agency, partnership,
or other form of joint enterprise between
the parties. The failure of My Studio Space
to require your performance of any provision
hereof shall not affect the right to require
such performance thereafter; nor shall
the waiver by My Studio Space of a breach
of any provision hereof be taken or held
to be a waiver of the provision itself.
Any action for any claim arising under,
or in connection with, this Agreement must
be commenced by you within one year after
the alleged cause of action has accrued
or after the date of termination of this
Agreement, whichever is earlier. In the
event that any provision of this Agreement
is deemed unenforceable or invalid, such
unenforceability or invalidity shall not
affect the remainder of this Agreement.
Such provision may be amended or replaced
with one that is valid and enforceable
and which achieves, to the extent possible,
the original objectives and intent of the
parties as reflected in the original provision.
No provision of this Agreement may be amended
or modified by you except by means of a
written document signed or expressly assented
to by My Studio Space. All terms and conditions
of this Agreement that should by their
nature survive termination of this Agreement
shall so survive. This Agreement and the
Online Order form, together with all amendments
or modifications to any of them, constitute
the complete and exclusive agreement between
you and My Studio Space and supersede and
govern all prior proposals, agreements,
or other communications.
9. Dedicated Servers and root access
Client may install or permit others to
install, any operating, or Internet connectivity
software, or interfaces, enhancements
or upgrades thereto or to the Software,
on the Server. Failure to permit upgrades
to the installed customized versions
of certain third party software or Client
alterations made to certain third party
software including Apache, PHP (including
building support into Apache Linux Kernel
upgrades), system libraries, or MySQL
upgrades may adversely affect server
performance. Any and all costs for work
required to remedy corruption to data,
damage to Hardware or Software, or other
harm resulting from installation, modification
or deletion of any software or other
files by Client shall be Client’s
sole responsibility, and Client shall
indemnify My Studio Space in full for
same. Without limiting the generality
of the foregoing, Client agrees that
installation, modification or deletion
of files that results in or contributes
in any way to any outage or damage to
any Hardware, Software or Services shall
result in liability to Client for technical
support costs at a rate of $150 per hour
until the issue caused by the activity
is resolved to My Studio Space’s
sole satisfaction. Under no circumstances
shall My Studio Space be required to
provide any support with respect to any
software or other files installed, modified
or deleted by Client with or without
My Studio Space’s consent.
Client shall comply, and shall cause all
Client Customers or other third parties
gaining access to the Hardware or Software
through Client to comply, with My Studio
Space 's then-current acceptable use and
privacy policies (collectively, "User
Policy"), as they may reasonably be
amended by My Studio Space from time to
time and which are available through My
Studio Space 's Web site at http://www.mystudiospace.com/support/policy.html.
In the event of any conflict between such
Acceptable Use Policies and any terms and
conditions of this Agreement, this Agreement
shall govern. My Studio Space reserves
the right to lock out, suspend or shut
down any domains or Web sites that violate
any Acceptable Use Policy.
Please note that backup practices differ
with dedicated servers depending on the
type of service purchased. See the Dedicated
Server web page for more details.
My Studio Space has a responsibility to
ensure that each of our clients is provided
with the best services we have available.
While we back up files continuously, we
are in no way responsible for the archiving
of a site. It is the sole responsibility
of the site creator to copy, back-up or
archive all files that constitute a web
site.
The following guidelines also apply:
Content:
All services provided by My Studio Space
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 we judge to be threatening
or obscene or material protected by trade
secret and other statute. The subscriber
agrees to indemnify and hold harmless
My Studio Space from any claims resulting
from the use of the service, which damages
the subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all My Studio Space servers.
This includes sites that may infer sexual
content or links to adult content elsewhere.
My Studio Space will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content
that may be damaging to My Studio Space
servers or any other server on the Internet.
Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
My Studio Space will be the sole arbiter
as to what constitutes a violation of this
provision.
Free Domain Name For Life offer/New Domain
Names
The My Studio Space Free Domain Name for
Life offer is valid for as long as you
are a My Studio Space customer. If the
account is canceled at any time during
the first year the fee for the domain name
will be charged. Domain names are your
property upon registration, and cannot
be returned for refund.
Owners of domain names obtained through
My Studio Space will be contacted prior
to the expiration of the domain name, and
offered the opportunity to renew the registration
for a one year period. Contact will be
made to the email address(es) as entered
by the owner at original account signup.
Responsibility for renewing any domain
name lies exclusively with the owner.
Chargeback fee, $25.
There is a fee of $25 for credit card chargebacks,
returned or refused checks, or any other
form of refused, returned, or denied
payment.
Unsuspension fee, $10.
There is a fee of $10 automatically applied
to all suspended accounts which must be
paid in order to have accounts unsuspended.
Traffic/ Hits / Bandwidth Policy.
Bandwidth usage is a simple equation -
number of visits times information sent
in each visit. Since the average web page
is about 50K in size, 1G equals roughly
20,000 page downloads a month! Larger files
will increase traffic usage, but 1G bandwidth
provide enough capacity for 99% of all
web sites on the Internet, and if your
site is becoming the next Yahoo, contact
us to Upgrade your account and increase
your bandwidth. At $10 a gig/month or upgrade
to a larger account that comes with more.
To maintain the integrity of our service,
the following restrictions also apply:
- Sites offering download files. (This
is any site where 20% or more of their
monthly traffic is from file downloads)
- Sites using more than 20% of system resources.
My Studio Space will be the sole arbiter
as to what constitutes a violation of this
provision
Commercial Advertising - Email:
Spamming, or the sending of unsolicited
email, from an My Studio Space server
or using an email address or domain that
is maintained on an My Studio Space machine
as reference is STRICTLY prohibited.
My Studio Space will be the sole arbiter
as to what constitutes a violation of
this provision.
Chat Rooms
We do not allow clients to install their
own chat rooms. These tend to be a large
drain on system resources and we cannot
allow it as an account option
Background Running Programs
We may allow programs to run continually
in the background. These are considered
on a case-by-case basis and an extra
charge will be incurred based on system
resources used and operational maintenance
needed.
IRC
We currently do not allow IRC or IRC bots
to be operated on our servers.
Domain Pointing
Domain pointers are to be used for the
purpose of having more than one way to
find the same site, not for the purposes
of sharing an account among multiple
sites. A domain pointer may not be set
up to reference a subdirectory within
an existing Web hosting account served
by My Studio Space or any other provider.
Server Abuse:
Any attempt to undermine or cause harm
to a server, or customer, of My Studio
Space is strictly prohibited, and will
result in immediate termination or prosecution.
By clicking the "Submit Order" button,
you agree to be bound by and to comply
with this Agreement just as if you had
signed it, and clicking the "Submit
Order"
button is the legal equivalent of your
signature on a written contract.
Refusal of Service:
We reserve the right to refuse, cancel,
or suspend service at our sole discretion.
Billing Problems and Termination:
Accounts paid by credit cards which are
rejected by our online card processor
are grounds for termination. If you need
to replace or update your credit card
info please call our toll free number
888-420-5067. Because of the risk of
credit card fraud, any account which
offers two bad credit cards within any
6 month period will be subject to immediate
termination.
All distributive hosting sites and dedicated
servers of My Studio Space must adhere
to the above policies.
Failure to follow any term or condition
will be grounds for immediate account deactivation
without refund.
Revised 08/2006
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