|
Acceptable Use Policy (AUP) and Terms of Service
(TOS)
DarkStudio Hosting agrees to provide the client web hosting for a
monthly/annual fee. DarkStudio Hosting will never require clients to advertise for
DarkStudio Hosting on their website in any way shape or form unless agreed upon
such as a non-profit organization receiving complimentary hosting. Clients are
allowed to use the service for business/commercial or personal websites or content.
Content:
All services provided by DarkStudio Hosting may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material
in violation of any United Kingdom (or any other country) 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 DarkStudio Hosting from any claims resulting from
the use of the service which damages the subscriber or any other party.
Adult Content:
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. DarkStudio Hosting will be the sole arbiter as to what constitutes
a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software
Background-running Programs:
We do not allow background-running programs. This includes any IRC related software
such as bouncers and bots. In certain cases 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.
Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal
operations of the server and they are not mentioned specifically below. Scripts
that are commonly known for causing server disruption include large cgi-based
message forums, auctions, and banner exchanges. In the event a script affects
normal server and/or administrative operations, DarkStudio Hosting reserves the
right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers.
You can use formmail scripts but they must be upto date and not
running with the filename "formmail". Any files named "formmail"
will be deleted without notice.
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 DarkStudio Hosting may be subject to protection
under United Kingdom (or any other country) 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 DarkStudio 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
DarkStudio Hosting Network. If you use a domain name in connection with the DarkStudio 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 DarkStudio 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. DarkStudio 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:
DarkStudio reserves the right at its sole discretion to refuse or cancel service.
Violation of any of DarkStudio 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. Free domains which have been granted
for customers paying annually are released to the customer at the end of there
hosting period. Domains terminated due to policy violations will not be released
to the customer.
Spam Or Unsolicited E-Mail:
You must not use the DarkStudio Network, DarkStudio equipment or any DarkStudio
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 DarkStudio Hosting Network, DarkStudio Hosting equipment or any DarkStudio 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, DarkStudio Hosting reserves the
right to disable your domain without warning. In addition, DarkStudio Hosting may
impose a £100 penalty for each spam policy violation. DarkStudio Hosting solely
reserves the right to refuse or cancel service to known spammers. Lastly, DarkStudio Hosting reserves the right to determine what violates this policy. As such,
any violation may result in cancellation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a DarkStudio 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 DarkStudio Hosting
(or it's employee's/owners) harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable legal fees asserted against DarkStudio 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 DarkStudio Hosting against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with DarkStudio 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 DarkStudio Hosting to the amount paid for service.
Refunds Policy:
You may cancel your account at any time before your monthly billing date, and
you will not be billed for the next month.
If you are paying annually for web site hosting services, we will
issue a pro-rata refund for months not used.
We do not offer any kind of "money back" guarantee.
Disclaimer
DarkStudio Hosting will not be responsible for any damages your business may suffer.
DarkStudio Hosting makes no warranties of any kind, expressed or implied for services
we provide. DarkStudio 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 DarkStudio Hosting and its employees. DarkStudio Hosting makes no "uptime"
guarantees.
DarkStudio Hosting keeps backups of key server systems only. DarkStudio Hosting can accept no responsibility for any loss of data or consequences arising
from this. DarkStudio Hosting always advises clients to back up their site data
regularly for its own protection.
DarkStudio Hosting furthermore expects that its customers who provide
hosting services (resellers) to others will ensure its customers fully comply
with all applicable laws concerning the privacy of online communications and
any other policy of DarkStudio Hosting. A customer's failure to comply with those
laws will violate this policy.
If a customer provides hosting services (resellers) to others
and decides to cancel their reseller hosting account with DarkStudio Hosting then
DarkStudio Hosting will not be responsible for maintaining hosting for the resellers
customers.
Finally, DarkStudio Hosting wishes to emphasize that in accepting
services, customers indemnify DarkStudio Hosting for the violation of any law or
DarkStudio Hosting policy, that results in loss to DarkStudio Hosting or the bringing
of any claim against DarkStudio Hosting. This means that if DarkStudio Hosting is sued
because of activities of the customer that violate any law, or this policy,
the customer will pay any damages awarded against DarkStudio Hosting, plus costs
and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds
for immediate account deactivation.
DarkStudio Hosting reserves the right to change, edit, or update the policies contained
in this document at any time for any reason without notice.
|