Terms Of Service
The following terms of service ("TOS") will apply to the agreement to provide service between Showcase Studios, Inc. ("Company"), and the individual or business entity identified on the order form or contract for said services ("Customer"). These terms, along with the attached Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the "Agreement" between the two above mentioned parties.
1. Service Rates: Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. Customer also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers. Where possible, the Company will provide the Customer with a minimum of 30 days notice of any rate changes.
2. Payments and Fees: Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and Company has been able to adequately verify the validity of said payment. Monthly payments will become due and payable on the day of invoicing and service may be interrupted if not paid by no later than the 7th day after invoicing. Any account that becomes past-due may be suspended or disabled for non-payment at any time at the sole discretion of the Company, and may be subject to a restoration charge due and payable prior to service being restored. Any products, pages, services or equipment may be held and/or disconnected for non-payment at any time at the sole discrection of the Company once an invoice is past due without notice. Any accounts that are not collectable by the Company will be turned over to an outside collection agency. If your account is turned over for collection, you agree to pay the Company a "Collection Fee" of not less than $350, in addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Company offers are considered to be provided on a strictly prepaid basis.
3. Refund Policy: All services rendered by the Company are provided on a non-refundable basis. This includes, but is not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and bandwidth overage fees, regardless of usage. In addition, if your account is canceled by the company for violation of this Agreement or the attached Acceptable Use Policy, all payments made to the Company become completely non refundable. Customer agrees not to chargeback any credit card payments for services rendered. In the event that a customer files a chargeback, they will be considered to be in violation of this agreement and may be subject to collection action as described in section 2 above.
4. Service Cancellation: Requests to cancel services may be made in writing to Showcase Studios, Inc, attention Billing to Showcase Studios, Inc. offices in Henderson, NV. All requests for service cancellation must be made in writing a minimum of 30 days prior to the renewal date of the service being cancelled or according to specific contract with Customer. Failure to provide notice prior to the renewal date will result in the remaining cycles or length of contract being due immediately and prior to cancellation. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made when the cancellation procedure outlined above or as according to specific contract with Customer has not been followed.
5. Indemnification: Under no circumstances shall the Company be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by the Customer for services during the period damages occurred. Customer also acknowledges that in no case will the Company be liable for damages as a result of its own negligence in excess of the charges payable by the Customer for services during the period damages occurred. Customer acknowledges that they make use of Companies' services and facilities at their own risk.
6. Violation of Terms: Should Customer violate any of these terms, the Company will attempt to contact the customer by email or telephone before taking any action where avoidable. However, the Company will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension of Customer's services without any type of notification.
Acceptable Use Policy
Customer acknowledges that usage of services provided by the Company constitutes acceptance of the following Acceptable Use Policy.
1. Illegal Use: The services provided by the Company may not be used for any illegal purposes or in support of any illegal activity. The Company reserves the right to cooperate with any legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
2. Child Pornography: Use of services provided by the Company are strictly prohibited from being used to store, display, distribute, advertise, or in any way support child pornography. The Company will comply with all law enforcement entities to actively enforce this policy, and will report any Customer who violates this policy to all applicable agencies should the Company become aware of such violations.
3. Unsolicited Commercial Email / SPAM: Use of services provided by the Company to transmit or support any type of unsolicited commercial or unsolicited bulk email message (SPAM) is strictly prohibited, and any violation of this policy may result in the immediate termination of services.
4. Unauthorized Access: Use of services provided by the Company to gain unauthorized access into any other system or to support any attempt to gain access to any other computer system is strictly prohibited.
5. Network Activity: Use of services provided by the Company to attempt to disrupt the network of any other system connected to the internet, i.e. Denial of Service Attacks (DOS), is strictly prohibited and may result in the immediate termination of services. Additionally, IRC services of any kind - clients, servers, bots, etc are strictly prohibited on our network, and the Company reserves the right to filter all IRC related traffic.
6. Network Security: The Company will make reasonable attempts to ensure the security of its internal and external networks remain intact, however Customer agrees to take reasonable measures to ensure the security of Customer's account, or in the case of accounts which utilize dedicated servers or co-location services, the customer agrees to make every attempt to ensure the security of their individual servers, or will on a regular basis utilize the managed services that are provided by the Company to ensure the security of the network.
7. HIgh Resource Usage Policy / Script Usage: This policy applies only to multi-domain hosting accounts. Resources are defined as CPU usage, memory usage, and other available system resources. Any user found to be abusing or manipulating system resources will be notified that they are in violation of this policy. If this abuse or manipulation continues, the Company reserves the right to suspend, terminate, or make appropriate changes to prevent future incidents. Additionally, the following scripts and programs are prohibited from use on our servers due to the potential for abuse / misuse:
o CGI based forums / Message boards
o IRC scripts, bots, eggdrops, or server software
o Proxy servers or "Anonymizer" scripts
o All "formmail" scripts other than the approved, pre-installed version provided
o Scripts used for supporting illegal activities such as hacking, spoofing, sniffing, etc
8. The Company reserves the right to modify this agreement at any time without prior notification. Any questions regarding these terms and policies should be directed to our billing department prior to purchasing services.