Terms and conditions and AUP for the hosting service
Acceptance
of contractual agreement.
Ordering a hosting service from Hosting Studio
implies the automatic acceptance of this contractual agreement,
known as "Terms and conditions and AUP for the hosting
service" (from now on simply referred to as Ts & Cs).
Before an account is created you need to fax us a copy
of these
Ts & Cs
countersigned.
A copy of the Terms and Conditions with instructions on
how to fax it to us will be emailed to you immediately
after
ordering.
Hosting Studio reserves the right to modify these Terms
and Conditions and AUP for the hosting service partially
or totally at any time, informing the customer by email
of the amendments. No modification to this document by
the customer is allowed or valid.
Responsible use of the service and disciplinary
actions.
In order to
protect the integrity and security of our systems and
the related resources we expect that our customers act
responsibly. When you use a service made available by
Hosting Studio, in whatever shape or form you may do,
you automatically accept your responsibility to abide
by the Ts & Cs.
We
will promptly report any violation of these Ts & Cs
directly to the customer by email, and we reserve the right
to suspend
or terminate the access to some or all of the services
we provide should we find out, after thorough investigation,
that the account has been used repeatedly in an inappropriate
way. Should such a situation occur, no refund of any amount
will be owed to the customer by Hosting Studio.
A further reason to suspend your account is represented
by a payment failing to reach us within the deadline specified
in the invoice.
Abuse of our servers.
Any attempt to cause damage to any of our servers or to any of our customers
is strictly prohibited and will result in immediate closure of the account.
Unauthorized use of another person's account/computer.
We will react promptly and firmly against any use or attempted
use of a computer or an Internet account associated to
another person without their explicit WRITTEN consent.
The attempts include the 'internet
scanning' (deceive other people in order to obtain their
passwords), password theft and a search for bugs in the
security systems.
Any unauthorized
use of an account or computer (ours or belonging to a
third
party) will automatically trigger disciplinary actions
by Hosting Studio. These actions include: warning messages,
suspension or termination of your account up to any legal
action which may be necessary, depending on the seriousness
of the abuse ascribed to the customer being investigated.
Contents of your Web site:
The following
contents are strictly prohibited on our servers and will
incur in the cancellation of your account without notice
and without any refund whatsoever:
Adult contents
(pornography and pedophilia)
Online Bets or gambling
Use of the site or email for spamming (unsolicited email)
Software which has been copied illegally or contents which
violate the International Copyright laws (like mp3 songs
and similar unless it's your own music or music of which
you can prove to be the copyright owner)
Contents which instigate or encourage violence, occultism,
spiritism, satanism, social revolt, terrorism or any unlawful
action. Hosting reserves the right to decide what contents
fall into this category.
Banned scripts.
For security
reasons and/or excessive bandwidth consumption which
could have bad repercussions on other customers the following
is not permitted on our servers:
Executable files are not permitted. This includes: .exe, .com, bat. Also the
following programs are not permitted
Hackers programs or archives
Pirated software
Warez Sites
IRC Bots
Proxy Servers
nph-proxy
The Anonymizer
UltimateBB
Ikonboard
Greymatter (all versions)
IRC Egg Drops & IRC related programs.(chat software)
formmail.pl
lstmrge.cgi
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
Any script that uses & processes a massive number of flatfiles or large flat
databases.
Server downtime
Due to the
nature of the software itself and the way the Internet
is structured it is not possible to guarantee that your
site will be up and accessible 24/7 under every condition
and circumstance.
Our statistics show that our average uptime percentage
is 99.7%. Even if it is extremely rare, there may be
occasions where we may need to perform essential emergency
maintenance on our servers and this may result in a short
interruption of the service. We will always endeavor,
whenever possible, to give sufficient advance notice,
though this may not always be possible. In no occasion
can any customer claim any compensation of any kind for
any loss incurred by service disruption.
Unsolicited commercial emails (SPAM)
Sending unsolicited commercial emails (spam) is an unauthorized
use of email. Using email to send spam constitutes a valid
reason for suspending or terminating your account.
Unsolicited commercial emails are considered a nuisance
and are not generally welcome by Internet users.
Sending unsolicited messages using messaging software or
chat rooms will inevitably cause us to suspend or terminate
an account.
Sending a message to more than one newsgroup which is completely
unrelated to the subject of the email will also be considered
spam.
Email is a
means to communicate from one person to another, it is
not a mass communication
tool.
Rules for payment.
All
our accounts are prepaid with an annual payment for the
shared hosting or with a monthly instalment for our dedicated
servers customers and can be cancelled at any time with
a notice period of 30
(thirty)
days. All prices are guaranteed for the duration of the
prepaid term. The accounts can be paid using a credit card
or a direct bank transfer. We reserve the right to change
the price of our services at any moment, giving a 30 day
advance notice to our existing customers.
In case of a
price increase, the new price will come into effect at
renewal time for our annual prepaid customers and on the
next billing cycle from the time the increase applies for
our monthly payment customers as well as for new services
or new accounts opened by an existing customer. Failing
to pay an invoice within its deadline will cause Hosting
Studio to send an automatic payment reminder.
After 7 days
from the date of sending the reminder the account will
inevitably be suspended (which will make accessing the
site and the emails impossible) until payment has been
received by Hosting Studio. Should a reminder email be
sent out because of a delay in paying Hosting Studio will
apply an administrative fee of Euro 15 for every late payment.
All payments are to be made in Euros (EUR). Prices quoted
on this site are VAT EXCLUSIVE for our Italian customers
only.
Hosting Service cancellation.
If forced by the circumstances, we reserve the right
to cancel our hosting service at any moment and without
obligation to offer any explanation, giving an advance
notice of 90
days. All sums paid before the cancellation of service
will be refunded by us according to the percentage of service
that hasn't been used starting from the 90th day from
the date of issuing a service cancellation notice by Hosting
Studio or from the date a customer physically transfers
his site to another hosting company. In this latter circumstance
we will consider as last day of service with Hosting Studio
the first day that our statistics show no traffic at all
generated for the site, thus indicating a
complete DNS propagation.
Hosting agreement cancellation by customer.
You can cancel
your hosting agreement with Hosting Studio at any time
giving us a WRITTEN NOTICE (by fax or
email). If applicable, we will refund any money for the
unused time, calculated from the 30th day after Hosting
Studio receives and acknowledges your cancellation notice.
Please note that the minimum term for our dedicated servers
service is three months. All customers asking for a cancellation
of their hosting agreement within the first 12 months
of their agreement for a package which includes a free
Internet domain will receive a refund of whatever period
of time has not been used LESS the cost of the domain
registration which is Euro 10.50 for a .com, .net, .org
and .it domain and Euro 19.95 for a .co.uk, .biz and
.info domain. Cancellation may be sent by email to "accounts@hostingstudio.net"
and will be acknowledged by Hosting studio, stating the
agreement termination date and the date the service will
therefore be terminated.
Lawful purposes.
We reserve the right to refuse our services to anybody.
Transmission of whatever material violating any European,
American Federal, State or Local Law is strictly prohibited.
This includes any material which is protected by international
copyright laws (such as mp3 files or Divx), material which
is obscene or seditious or protected by trade secret. Hosting
Studio solemnly prohibits anybody from using their own
servers for the propagation, distribution, custody, processing,
storage or any other manipulation of any material which
is considered morally loose, obscene, pornographic (including
pedophilia), satanic, occult as well as any material we
consider offensive towards the common moral sense and decency.
Judging what material falls in the above categories is
a no-appeal decision of Hosting Studio's Direction.
Non liability
We will not be considered liable under any circumstance
for whatever loss or damage your business may suffer as
a result of your purchasing services from us. Because of
the nature of Internet and for the always pending chance
of a hardware failure (though we employ vast resources
to ensure that this will not be the case and to safeguard
the integrity of your data) we do not offer any guarantee
of any kind, whether implicit or explicit, for the services
we offer. This includes data loss caused by delays, maintenance
or any emergency repair which requires a sudden and unannounced
intervention.
Privacy Laws and Data Protection.
Hosting Studio declare that all customer confidential and
personal data gathered during the sale and order procedure
of our services will not be disclosed to anybody, with
the exception of a specific request by a Police body or
an investigating Court. This will always be the case even
when related to former customer of ours.
Backup of your site.
The customer is totally responsible for the backup copy
of his site. In no circumstance will HostinG studio be
held responsible for data loss incurred by an accidental
deletion of files.
Technical Support
Technical support
is available, 24/7, by our Support Helpdesk at http://support.hostingstudio.net.
Please note that our support is limited ONLY to matters
related to your Internet domain, email functions and
the features of our domain control panel (with the exclusion
of any script installed by the customer, be it CGI, PHP
or mySQL).
Failing
to observe any of the Ts & Cs as set above will be
a valid reason to suspend your account an start an investigation
on the matter.
PAGE LAST UPDATED ON 23 OCTOBER 2003.
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