Web Hosting Terms of Service

RECITALS

This hosting Terms of Service agreement(hereinafter, “TOS”) exists between Saurian Studio (hereinafter “saurian studio,” “company,” “we,” “us,” “our”) and client (hereinafter “You,” “Client”) that use the web hosting service provided by Saurian Studio.

All services are provided under as our “Best Effort” of keeping services running. In order for the servers to operate in good status, from time to time service might be interrupted due to natural operating causes.

PAYMENT, BILLING and REFUND TERMS

All Payments Are Final. Client agrees that making payment constitutes acceptance of works performed and completion of works ordered. All post-billed payments are final and no refund will be issued.

Web hosting billing can be for month-to-month, semi-annual or annual basis service length.

Online payments with a credit card through Paypal will be made using PayPal's subscription system.  An automated payment will be made at the interval selected by client on account signup.

All Refunds will be issued by company to the Client in the form of U.S. Postal Service Money Order, Business Check, or through PAYPAL.

If automatic subscription payment is not used then bills will be sent to the Client via US Postal Mail, or via Email. Payment is due upon receipt of invoice and is past due thirty (30) days from receipt of invoice. If Client has any valid reason for disputing any portion of an invoice, Client will so notify the Company within seven (7) business days of receipt of invoice by Client, and if no such notification is given, the invoice will be deemed valid. The portion of the Company’s invoice which is not in dispute shall be paid in accordance with the procedures set forth herein.

Any attorney fees, court costs, collection agency cost or other costs incurred in collection of delinquent accounts shall be paid by Client. If payment of invoices is not current, the Company may suspend performing further work or the rendering of ongoing services. A Collection agency may be use to collect delinquent account over 90 days pass due. There is a $35 USD fee for the processing of a bounced check.

SERVICE USAGE

For pre-payment, each month an amount of the pre-payment balance will be used up. If prepayment is made for semi-annual or annual service length then any discount associated with prepayment will only be valid if the full service length is used.  If client cancel account prior to completion of the pre-paid service length then the monthly usage amount will be counted based on the month-to-month service pricing and no pre-payment discount or discounts associated with a service length commitment will apply.  Any remaining balance in the account will be refunded to client.

REFUNDS

If Web Hosting Service is terminated either by client or company, the company will issue a refund of the balance left unused.

SERVICE TERMINATION & SUSPENSION

The company may at it discretion chose to not renew service to client at the end of the current already paid service period.

Company reserves the right to terminate service at any time for any reason, which include but are not limited to: client is found to have violated the AUP, or if client’s account is repeatedly the target of service disruption attacks. Service disruption attacks are, but not limited to DOS and DDOS type attacks. Account may also be suspended or terminated if we receive complaints that client have been using our resources to spam or harass others.

Company reserves the right to suspense services during investigation into complaints about client or if client fail to pay for services.

Service might be suspended if the web site utilize too much resource that the server becomes unstable or severely limit the ability of the server to operate in a reasonable manner.

All web applications need regular updating and numerous web applications have vulnerabilities that allow malicious parties to exploit the server.  Email notices may be sent notifying you that updates are available for the software that you have installed on the server.  You have 15 days from the date of receipt of such a notice to upgrade the software.  Your web site will be suspended if you do not upgrade your installation within that timeframe and will not be reinstated until you have upgraded the software.  Your account will be terminated after 3 instances where your account has been suspended for failure to update software.

TERMS OF SERVICE & ACCEPTABLE USAGE POLICY MODIFICATIONS

This Terms of Service agreement and Acceptable Usage Policy may be modified by company at any time.  Notification of the changes will be email or snail mail to client.  Included in the notification will be an effective date of change of no less than 14 business days from the date of the mailing.  If client does not agree to the changes then client must notify company prior to the date the changes are to take effect to close the account.  If no such notification is mad then client agree to the changes in the Terms of Service agreement and Acceptable Usage Policy.

WEB SITE HOSTING & RESOURCE LIMITS

Resource usages are count based on indicators in the PLESK or CPanel hosting management console. To check your bandwidth usage: In the PLESK console, go to REPORT, select the TRAFFIC icon, and see DOMAIN TOTAL for your bandwidth usage bar.

Client will be notified by email or phone when nearing resource limit. If for any calendar month resource usages exceed the limits, client will be billed for the additional resources used based on the price shown on the Saurian Studio web site under Web Hosting Add-on Items.

EMAIL & EMAILING & EMAIL LIMITS

By using our email server, you agree to not hold us liable should for damages resulting from email usage such as virus infection or other damages.

Our servers only deliver your emails. We have no control over what you do with the emails. Client is advised to always install and run updated Virus Scanner and Spam protection software on the local computer.

Any additional services such as spam filtering used on the server are purely courtesy services and we are not obligated in any way to provide such additional services on our servers.

A standard email account has 25MB of disk space limit. The largest file size for an email the server will process is 10MB.

Email accounts provided with your hosting account are intended for person-to-person usage and not for mass emailing to a large audience of hundreds. 

PASSWORDS

We keep your passwords on record. Since you’re using the passwords to access our resources, from time to time it’s necessary for our administrators to view them for troubleshooting or security audit reasons.  

COOPERATION WITH AUTHORITIES

Saurian Studio reserves the right to cooperate with authorities on investigations into any possible wrongdoings on client’s part.

EMAIL VIRUS SCANNER

Virus scanner software is used to scan emails smaller than 256KB.  The virus scanner is not perfect and will not detect all viruses or other malicious threats.  You should still have a virus protection on your computer.   We are not liable should the virus scanning software on the server fail to detect a virus and you suffer damages as a result.

SITE BUILDER

For each web hosting package account you subscribe to, you will have access to 1 Site Builder account.  The site builder account can be use to create a web site that will be publish to the web site you host on the server.  Site builder templates are copyrighted by their respective owner and you are only granted the right to use site builder's templates on our servers. 

E-COMMERCE HOSTING

We will update your store's software and patch the database to the newest version whenever a new version of the shopping cart software is released if you have not made any modifications to the core files and used the templating system to customize the layout.  We are not responsible for any damages to your web site through the updating process if you option for us to update your web site.

ACCEPTABLE USAGE POLICY

The Acceptable Usage Policy is part of the Web Hosting Terms of Service.  You agree that you will not do any of the followings which will constitute a breach of acceptable usage and result in the cancellation of your account.:

  1. Sending unsolicited emails through the server, or using your email accounts belonging to a web site hosted on the server as the return address on such unsolicited emails you sent
  2. Sending viruses, worm, Trojan, or other computer exploits through the server, or using your email accounts belonging to a web site hosted on the server as return address on such malicious emails.
  3. Upload materials that infringe upon the copyright of others or violate the laws in the state you live in, or federal laws.
  4. Committing any action that will cause the server to crash or severely hinder the good performance of the server.
  5. Committing any illegal act that violates United States laws & regulation, or the laws & regulations of California, or the locality where client reside.
  6. Harassing others on the Internet through the use of our resources.
  7. Attempting to gain unauthorized access to services on the servers you are not authorized to use.
  8. Use your account and email account to send mass emails to more than 300 recipients per day.
  9. Site content promoting hate, violence, or pornography.

REPRESENTATIONS, WARRANTIES & DISCLAIMERS

DISCLAIMER. THE SERVICE(S), CONTENT(S) AND GOOD(S) ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE COMPANY MAKES NO CLAIM OF REPRESENTATIONS OR WARRANTIES ON ANY OF OUR SOFTWARE, PRODUCT, AND/OR SERVICE(S). CLIENT PURCHASE OR CONTRACT FOR OUR SOFTWARE AND OR SERVICE(S) ON AN "AS-IS" BASIS. THE COMPANY DO NOT INCLUDE ANY WARRANTIES OF FITNESS OF PRODUCT OR PROVIDE ANY WARRANTIES REGARDING SUPPORT FOR YOUR OPERATING THE SOFTWARE OR USING THE SERVICE(S). ANY TECHNICAL OR CUSTOMER HELP/SUPPORT PROVIDED BY THE COMPANY IS PROVIDED ON A VOLUNTARY BASIS WITHOUT ANY WARRANTY THAT WE MUST PROVIDE SUCH SERVICES.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS PARTNERS AND/OR ASSOCIATES DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE OR SERVICE AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND ITS PARTNERS AND/OR ASSOCIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT(S) OR SERVICE(S), EVEN IF SAURIAN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SAURIAN STUDIO AND IT PARTNERS AND/OR ASSOCIATES ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND/OR SERVICE. BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTICES

Client shall give the Company written notice within one hundred eighty (180) days of obtaining knowledge of the occurrence of any claim or cause of action which Client believes that it has, or may seek to assert or allege, against the Company, whether such claim is based in law or equity, arising under or related to this Agreement or to the transactions contemplated hereby, or any act or omission to act by the Company with respect hereto. If Client fails to give such notice to the Company with regard to any such claim or cause of action and shall not have brought legal action for such claim or cause of action within said time period, Client shall be deemed to have waived, and shall be forever barred from bringing or asserting such claim or cause of action in any suit, action or proceeding in any court or before any governmental agency or authority or any arbitrator. All notices or other communications hereunder shall be in writing, sent by courier or the fastest possible means, provided that recipient receives a manually signed copy and the transmission method is schedule to deliver within 72 hours, and shall be deemed given when delivered to the address specified below or such other address as may be specified in a written notice in accordance with this Section. If to the Company: “P.O. Box 1278, Westminster, CA 92684”. Any party may, by notice given in accordance with this Section to the other parties, designate another address or person or entity for receipt of notices hereunder.

ASSIGNMENT

This TOS is not assignable or transferable by Client.

DISPUTES

By accepting this HTOS the Client hereby waives any right to litigation against company in court by juries or otherwise. The client hereby agrees that the highest dispute resolution level to be attempted is Arbitration. Any such arbitration call will be presented at the jurisdiction to which the company operates. The jurisdiction which the company operates is in Costa Mesa City, Orange County, California, USA. Any Arbitration will physically take place within the locality of the Costa Mesa City Limit.

ARBITRATION TERMS

The party that request arbitration will pay for all arbitration costs through the arbitration process. If the arbitration process brings a result in the favor of Saurian Studio, you will pay for ALL arbitration costs, if the result is in your favor, we will pay for half of the costs of the arbitration process by reimbursing you that amount. If only one arbitrator is to be present, the arbitrator must be agreed to by both parties. The costs of arbitration referred to in this paragraph cover only the cost of bringing in arbitrators and pay for arbitration, it do not cover any fees paid to consulting attorney that either party retain or bring into the process. Such costs are paid by the party which brings in their own attorney.

INDEMNIFICATION

Should a 3rd party brings a claim against company as a result of or in connection with Client, then Client agree to be responsible for responding to such claims, as well as paying any expenses that the company might incurred as a result of the claim. This also includes any damages or award that the company must pay the 3rd party. You agree to reimburse the company for all such costs related to the claim.