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Terms
DOMAIN PARKING / RESERVATIONS
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1. There is no charge for indefinite parking of domains on Hosting
Studios servers or to transfer to another service provider.
2. Domain Parking does NOT include Web Space or Virtual Hosting.
You are not provided with the option to submit your own DNS entries
as we are NOT a Registrar and therefore assume that you wish to
obtain your hosting services directly through HostingStudios.com.
3. Domain name payments are non-refundable. The 30 day money back
guarantee only applies to the hosting portion of your service. Once
a domain name is registered, the WHOIS database stores the information
and is kept there for a period of one year, until the date of renewal.
Payment will NOT be credited back.
4. In the event there is a mis-spelling of a domain name, while
being registered online, you as the customer must register the correct
spelling of that name. There are NO refunds issued for mis-spelled
domain names.
GENERAL
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1. Hosting Studios claims no control whatsoever over the content
of the information passing through the Hosting Studios WEB SYSTEM.
Hosting Studios makes no warranties of any kind, whether expressed
or implied, for the service it is providing. Hosting Studios also
disclaims any warranty of merchantability or fitness for a particular
purpose.
2. Hosting Studios will not be responsible for any damage you suffer.
This includes loss of data resulting from delays, non-deliveries,
or service interruptions caused by its own negligence or your errors
or omissions.
3. Hosting Studios' WEB HOSTING SYSTEM may only be used for lawful
purposes. Transmission of any material in violation of any Federal,
Provincial or local regulation is prohibited. This includes, but
is not limited to copyrighted material, material legally judged
to be threatening or obscene, or material protected by trade secret.
4. We have the right to refuse to host adult content and to remove
it from our servers at any time. Further, you are not permitted
to distribute material promoting hatred against individuals or groups
or any content which may be deemed to be illegal according to the
laws of your country of residence. We reserve the right to decline
requests for web space rentals and to cancel any account at our
discretion. You are also not permitted to distribute material promoting
any form of network abuse (such as bulk spam mailers, sniffers,
or hacking tools).
5. At Hosting Studios and its officer's discretion, access to Hosting
Studios' WEB HOSTING SYSTEM may be revoked at any time for abusive
conduct on the system and/or the Internet and its resources as a
whole. Sending spam (unsolicited email) from a domain or about a
domain is considered abuse of the system and will result in the
termination of your account. Hosting Studios and its officers are
deemed as authority to define abusive conduct to the system, and
definitions may periodically change or be amended to previous ones.
6. You may not compile or install binary files other than the ones
provided on the system. We do not make C compilers available for
our web clients, and the PERL binaries provided will *not* have
networking support (for example, socket.ph, ftp.pl, etc.) However,
if there is any program which you'd like added to the available
system binaries or scripts please check with your sales representative
to arrange approval.
7. You agree to indemnify and hold harmless Hosting Studios from
any claims resulting from your use of the service which damages
you or another party.
8. Use of any information obtained via Hosting Studios's WEB HOSTING
SYSTEM is at your own risk. Hosting Studios specifically denies
any responsibility for the accuracy or quality of information obtained
through its services.
9. Telnet and Shell Access is strictly prohibited.
10. You may use ftp to access your home directory for the purpose
of installing and editing your web pages as often as necessary.
11. These Terms and Conditions supersede all previous representations
understandings or agreements and shall prevail notwithstanding and
variance with terms and conditions of any order submitted.
12. If the disk usage, transfer limit or number of email accounts
of a hosted package is exceeded, the user's account will be charged
for extra bandwidth, disk space and/or email accounts according
to our present pricing policy. Warning messages will be emailed
to users as they exceed 80% and 90% of their package's respective
bandwidth and disk space limits. Annual accounts that incur extra
usage charges will be invoiced separately. If payment for extra
usage is not received within two weeks of the invoice date, the
expiry date of the account will be adjusted according to the amount
outstanding.
13. Without prior notification, Hosting Studios reserves the right
to suspend or terminate accounts, remove or modify any files which
are deemed to be a threat to the functionality or existence of Hosting
Studios' WEB HOSTING SYSTEM.
14. Hosting Studios will provide a 30 day money back guarantee.
The 30 days start from the earliest of - the day we receive the
electronic order form, the day customer signs up via fax. In any
case, the set-up fee, extra bandwidth and extra storage space charges
are not refundable.
15. Cancellations will NOT generate ANY refund.
16. Miva Merchant license keys are nonrefundable.
17. If any Hosting Studios account is generating web traffic considered
unusually high, we may require the site to be placed on a Heavy
User server Virtual Server. We reserve the right to make this determination
at our discretion.
18. Use of Hosting Studios' WEB HOSTING SYSTEM constitutes acceptance
of these Terms and Conditions.
Hosting Studios, SERVICE LEVEL AGREEMENT (SLA)
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NETWORK UPTIME GUARANTEE
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Service Uptime. Hosting Studios' target uptime for the Service is
99.9% of the time in every calendar month. Hosting Studios also
guarantees that the email services, web serving services, DNS services,
and the Hosting Studios network will be available and function for
a minimum of 99.9% of the time, not including scheduled maintenance
windows. Hosting Studios', multi-redundant network architecture
permits operation without service degradation or CUSTOMER interruption
in the case of maintenance or equipment failure.
Hosting Studios will use commercially reasonable efforts to meet
or exceed service levels. If Hosting Studios fails to meet the foregoing
99.9% service levels set out below in a rolling two month period,
then CUSTOMER will be entitled to receive a credit for such outage
in accordance with the schedule below. CUSTOMER will be entitled
to deduct said credit for such amounts otherwise payable to Hosting
Studios hereunder, calculated in accordance with the table below
for each month (computed by reference to a 31 day month), if more
than 20% of the CUSTOMER users are affected. If the actual availability
for any three month period is less than 98.00%, CUSTOMER will have
the right to terminate this Agreement for breach of contract.
Availability % Monthly Service Credit
99.40 - 99.70 10%
99.00 - 99.40 20%
98.00 - 99.00 30%
97.00 - 98.00 40%
96.00 - 97.00 50%
95.00 - 96.00 60%
Maintenance Services. Hosting Studios will provide maintenance
as long as this agreement is in effect without charge. Maintenance
windows are scheduled at times which least impact our CUSTOMERS
based on minimal overall activity on the Hosting Studios web hosting
systems which may vary from month to month.
Notwithstanding the preceding, Hosting Studios reserves the right,
in its reasonable discretion, to perform any emergency work outside
of any Maintenance Windows in order to keep the Hosting Studios
System functioning in accordance with appropriate Service Levels.
If advance notice has been provided, periods of time the Service
is unavailable during Emergency maintenance windows will not be
included in calculating the service levels actually achieved. Software
and hardware failures resulting from a third party intrusion (i.e.
denial of service attacks) are excluded from the uptime guarantee.
Private label DNS (domain name servers) require 3 DNS entries, the
third of which is Hosting Studios' generic DNS. Hosting Studios
also does not provide any service guarantees for Microsoft Access,
ASP, Cold Fusion or Miva. Website or email services downtime resulting
from misuse by the CUSTOMER'S end users will not be recorded as
downtime when calculating credits.
Credits for affected websites must be applied for within 60 days
of the occurrence of the problem. Hosting Studios' Technical Services
will be responsible for problem investigation and will provide a
written response to the CUSTOMER explaining the results of their
investigation. In the event there is a dispute of findings, Hosting
Studios reserves the right to make the final decision on whether
credits will be provided to the CUSTOMER.
COLDFUSION - MIVA - ASP
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Please note Coldfusion (.cfm), Miva and ASP (.asp) services are
hosted on a closed source platform.
The 99.9% guarantee does not apply for these services.
ACCESS DATABASES
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Access is not designed for, nor recommended for use on busy websites.
Due to this, we can not guarantee performance for websites which
make use of Access databases. We recommend using MySQL or MS-SQL
for increased performance and reliability.
EASYMAIL/MAILING LISTS
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1. EasyMail E-Mail Accounts are restricted to a maximum size of
50MBytes of space on the EasyMail e-mail server. If this space is
exceeded, this may result in e-mail being lost or your account being
suspended or terminated.
2. EasyMail E-Mail Accounts are restricted to a maximum e-mail
transfer of 20MB per Mail Server request. This is restricted by
the Mail Server.
3. Deletions of EasyMail Accounts are queued for execution once
a day (overnight).
DOMAIN REGISTRATIONS
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1. Virtual Hosting will be active 24 hours after the initialization
process begins (Final Confirmation is e-mailed to the client with
subject 'Final Service Confirmation'). This includes DNS Support
and Web Hosting Support.
HEAVY USER SERVER
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1. This server is available by approval by a Senior Hosting Studios
officer only.
DISPUTES BETWEEN DOMAIN NAME HOLDERS AND THIRD PARTIES
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The applicant acknowledges that any third party may, for whatever
reason, challenge the use by the applicant of the domain name before
an Administrative Domain Name Challenge Panel (ACP) in accordance
with the WIPO ACP rules. The applicant further acknowledges that
the decisions of an ACP may determine rights of applicant or other
parties or both to the use of a particular domain name, and that,
with respect to its right to use a particular domain name or names,
it will be bound by ACP decisions.
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