As a web hosting client of Durastudio LLC, you agree to be bound by the terms and conditions of the following Agreement: This is a License Agreement ("Agreement") made between Durastudio LLC, ("DURASTUDIO") and the user of DURASTUDIO's Web Hosting Service ("USER"). A USER of DURASTUDIO web service is defined as any person or company holding a valid account with DURASTUDIO, or any person or company using a valid account with or without the permission of the account holder. This Agreement may be revised at any time without notification, and the most current version is always available to USER online at http://durastudio.com/hosting-agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements or communications.
PAYMENT FOR SERVICE
DURASTUDIO accepts Online Payments, Cash (at DURASTUDIO's office), and Credit/Debit Cards, Checks or Money Orders. Returned checks will incur a $29 handling fee. USER's may receive an invoice via email, payment is due upon receipt, however, USER's are responsible for timely payment regardless of whether or not they receive an invoice. USER's are solely responsible for any and all fees incurred through the use of their account. See DURASTUDIO's website for current pricing. (http://durastudio.com/webpackages) Business USERS can pay monthly with a company check or recurring online payment. Business USERS paying with company checks will receive an invoice at the time payment is due. Recurring online payments will not receive an invoice. Business USERS are solely responsible for any and all fees incurred through the use of their account. See DURASTUDIO's website for current pricing. (http://durastudio.com/webpackages)
All prepaid accounts start on the day service is activated and terminate at the end of that term. Prepaid accounts run from the start of the term and continue to the end of the term and may not be put on hold for any reason.
Service plans are started when the first payment is received and run for 1 (one) year. By paying the invoice USER agrees to pay the periodic amount due by the due date. Termination of contract can only be made by paying the total amount remaining. In other words, no refunds once a payment is made on the plan, you're in to the end of the year. At any time payment of the unpaid plan can be made in full.
READYMADE WEBSITE PACKAGES
Upon purchase of any website package, USER agrees to continue web hosting services with DURASTUDIO for a period of two(2) years. If USER wishes to terminate services before the two(2) year period has ended, USER agrees to pay in full the amount USER would otherwise have paid. Balance is due upon termination.
This Agreement shall be construed and controlled by the laws of the State of Arizona. USER agrees to abide by all applicable Federal, State and local laws governing their behavior on the Internet including but not limited to laws concerning harassment, copyright, obscenity and information dissemination. Note that the Internet is not above the jurisdiction of all laws. The USER is solely responsible for his or her actions and the actions of anyone using their account(s).
Whereas the Internet is not a controlled environment, DURASTUDIO holds that it is not responsible for any portion of the Internet with respect to downtime or accessibility that is out of DURASTUDIO's direct control. DURASTUDIO will make every effort to assure that DURASTUDIO's own network is operating with as little interruption and downtime as possible.
DISCONTINUATION OF SERVICE
DURASTUDIO does not review, edit, verify, warrant, or vouch for the accuracy and quality of the information that our customers disseminate. Neither does DURASTUDIO accept any responsibility for injury to its subscribers or the general public that results from inaccurate, unsuitable, offensive, or illegal material. DURASTUDIO reserves the right to discontinue service to anyone at any time. Should DURASTUDIO deem it necessary to discontinue service, the USER will be responsible for all charges on their account as of the date of termination including a prorated amount for the current month. Should a refund be necessary, the refund will be prorated as of the date of termination, with the exception of accounts terminated for spamming or pornography. If an account is terminated for spamming or pornography then any balances are forfeit and the user is responsible for the entire month's payment in full.
Because USER postings to the Internet may affect other subscribers and may harm DURASTUDIO' goodwill, business reputation, and operations, USERS violate DURASTUDIO policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
USER will not impersonate anyone else online via E-mail, IRC (Internet Relay Chat), Social Media, Forum or any other online platform. Impersonation includes but is not limited to using someone else's Internet address, username, or legal name. Remaining anonymous and the use of anonymous mailers are acceptable.
ILLEGAL/UNAUTHORIZED ACCESS TO OTHER COMPUTERS or NETWORKS
USER will not engage in any acivity known as "criminal hacking" or "cracking" of computers or networks, this illegal act carries potential civil and criminal penalties under both federal laws and the laws of most states.
FORGING OF HEADERS
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is not allowed.
DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES, or OTHER DESTRUCTIVE ACTIVITIES
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks is forbidden. Also, forbidden are activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
USER shall not participate in any activity which could be called spamming. Spamming includes but is not limited to mass unsolicited e-mailings to more than 19 people, posting 20 or more copies of a single article to a USENet newsgroup, or cross posting to more than 20 newsgroups, or repetitive posting of off-topic articles to any newsgroup. At DURASTUDIO's discretion web services may be immediately terminated and any balances forfeit. All mailing lists and messaging originating from or passing through DURASTUDIO's network are to be from double opt-in sources.
DURASTUDIO may use of one or more Realtime Blackhole Lists (RBLs ) to block known spammers, non rfc-compliant servers, open relays and others from delivering mail to our users. Legitimate senders, erroneously listed on an RBL, can be whitelisted upon request. DURASTUDIO takes no responsibility for lost data, income, wages, inconvenience or any other loss due to listing on such servers. This anti-spam infrastructure is dynamic and changes occur rapidly, as such, our policy changes without notice. It is the USER's sole responsibility to be aware of any such infrastructure changes. The current revision of this Agreement is online at http://durastudio.com/hosting-agreement. This is the only place our anti-spam policy is listed.
DURASTUDIO rejects any internet mail found to contain viruses. The sender is notified via email that his message was rejected. DURASTUDIO takes no responsibility for lost data, income, wages, inconvenience or any other losses.
EMAIL ATTACHMENT FILE TYPES AND MAXIMUM SIZES
Several incoming file types are rejected at the server: .vbs, .lnk, .scr, .wsh, .hta, .pif . Have the sender repackage them with a zip program. Due to the server and network overhead required to scan incoming messages, maximum email attachment file size is now 8M. Anything larger will be rejected at the server. If you need to receive large files, please arrange to download them from an ftp or web server. This is a more efficient use of the internet's resources. DURASTUDIO takes no responsibility for lost data, income, wages or inconvenience due to this policy.
IMPROPER USE OF EMAIL LISTS
USER can make use of their CiviCRM Mail Server, which is included with the ReadyMade Mailblast Web Package, to mail up to 10000 recipients per list as long as each recipient has double opted in to said list. USER shall ensure that each email address is valid and any bounced addresses are removed promptly. Any costs associated with improperly used lists are the responsibility of the USER and USER agrees to reimburse DURASTUDIO immediately for such costs, legal or otherwise.
Pornagraphy is strictly prohibited. USER's website cannot contain any pornographic materials or links to such materials. If USER's site contains pornographic materials, or links to any materials deemed pornographic by DURASTUDIO, services will be immediately terminated and any balances forfeit. USER agrees to conform to GOVERNMENTAL LAW as outlined in this Agreement.
EXCEEDING BANDWIDTH AND USAGE LIMITS
DURASTUDIO supports Business Web sites. Each site is allowed unlimited normal business usage. If an account's average (polled over the course of one month) disk usage exceeds a reasonable and appropriate amount, an additional fee will be assessed on a per megabyte basis. Similarly, if the total throughput generated from hits to a Web site from OUTSIDE DURASTUDIO' network exceeds the anticipated throughput, a fee will also be assessed on a per quarter gigabyte basis. Fee's vary and are calculated at time of assessment. DURASTUDIO defines reasonable and appropriate amount of usage as that usage which is in keeping with the stated aims and intentions of given business. DURASTUDIO offers hosting to select clientele, and is able to provide superlative technical support and exceptional responsiveness because each site is screened for potential bandwidth and resource usage. Any accounts that misrepresent their intentions as per resource usage, and exceed reasonable and appropriate levels, will be terminated immediately, as per the terms listed in this agreement.
IMPROPER CLOUD RESOURCE AND EMAIL USAGE
USER agrees to keep private USERS's password(s) for server and email access to DURASTUDIO's servers. USER also agrees to use all network resources provided by DURASTUDIO only for those uses directly associated with individual or businessneeds, specifically, under no circumstances will website disk space or DURASTUDIO server or network capacity be resold or made available to third parties.