Home >> Print Design >> Web Design >> eCommerce >> Web Hosting
10 Ton Studios - Terms and Conditions
Web Hosting Service Agreement
This Web Hosting Service Agreement (the "Agreement") is by and between 10 Ton Studios Inc. a Florida corporation, and you, including your heirs, assigns, agents and contractors ("You") and is effective as of the date of your application for web hosting services. This Agreement sets forth the terms and conditions of Your use of 10 Ton Studios Inc.'s Web Hosting services (the "Services") and represents the entire agreement between You and 10 Ton Studios Inc.. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which 10 Ton Studios Inc. may establish from time to time. By using the Services, you further agree that the posting of any new, different or additional terms, conditions, or policies of 10 Ton Studios Inc. on our website shall constitute sufficient notice of the same for You to be bound by such new, different or additional terms, conditions or policies. You reaffirm and extend this Agreement each time you continue using our Services in a new billing period and/or each time you continue using our Services following the posting of a change in the terms of this Agreement on our website.
1. Description of Service
10 Ton Studios Inc. currently provides the Services to its customers for a monthly or annual fee. 10 Ton Studios Inc. will host Your web site on 10 Ton Studios Inc.'s owned or leased servers, provided, however, You abide by the terms and conditions set forth herein and in each of 10 Ton Studios Inc.'s policies and procedures.
Hardware and Software
The Services include various proprietary and third party software programs, computer servers and network connectivity which allow You to manage a website. 10 Ton Studios Inc. does not warrant or represent that the Services are sufficient to produce any specific desired design or outcome for Your website. You agree not to modify or alter any software programs provided by 10 Ton Studios Inc.. All software programs are offered “as is” with no warranty express or implied. The Services do not include any third party good, services, software or hardware used in managing Your website, but not provided by 10 Ton Studios Inc.. 10 Ton Studios Inc. reserves the right to substitute, change, upgrade or modify the hardware and/or software used in providing the Services at any time. 10 Ton Studios Inc. shall not be responsible for the impact of any change the Services which causes Your hardware, software or business operations to become obsolete or require modification.
Availability of Services
Subject to the terms and conditions of this Agreement, 10 Ton Studios Inc. shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that 10 Ton Studios Inc. has no control over availability of the Services on a continuous or uninterrupted basis and offers no refunds based upon the lack of availability of the Services. You agree that from time to time the Services may be inaccessible or inoperable for any reason.
Backup, Data Loss and Business Interruption
You acknowledge that 10 Ton Studios Inc. is not responsible for any loss of data or business interruption You experience related to the Services. 10 Ton Studios Inc. may offer back up services either directly or through our suppliers and may offer a website archive tool as a part of the Services. You acknowledge and agree that these services are offered on an as is basis and despite offering these services, 10 Ton Studios Inc., shall not be liable for any loss of data, revenue, or business you experience related to the Services.
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and all associated content, materials, files, advertisements, text, lists, marks, images, links, metatags, etc. (“Your Content”). 10 Ton Studios Inc. shall not be responsible for Your Content and acts only as a “service provider” as that term is defined in U.S. Code Title 17 Chapter 5 section 512 (the “Digital Millennium Copyright Act” or “DMCA”) in providing the Services.
2. Your Obligations
Legal Standing
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf.
Your Content
You represent and warrant to 10 Ton Studios Inc. that Your Content does not in whole or in part actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary intellectual property, contract or tort right of any person and that You own or have a right to use all of Your Content in the manner in which Your Content is used in connection with the Services. You also warrant that the web site being hosted by 10 Ton Studios Inc. will not be used in connection with any illegal activity.
Acceptable Use Policies
You represent and warrant not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (1) Gain, or attempt to gain unauthorized access to any system that does not belong to You, (2) Send unsolicited electronic mail (e-mail) or other messages or communication in any form (e.g., spam), (3) Alter, deface, or otherwise cause any unauthorized or unapproved modification of any system that does not belong to You, (4) Store, transmit or process material in a manner that violates intellectual property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks, (5) Violate the privacy rights of others, including, without limitation the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations, (6) Transmit or store any material that is unlawful, obscene, harassing, libelous, abusive, hateful, encourages unlawful acts, or may be interpreted as violating the civil rights of others, (7) Store or transmit material that violates local, state, federal, or international laws or regulations, (8) Engage in or permit any activity that leads to a degradation or denial of service any system or site on the Internet, (9) violate the rules and/or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup, or similar system, service or provider, (10) intentionally omit, forge, delete, or misrepresent transmission information, including but not limited to headers, return address information, IP addresses, etc., that is intended to cloak or hide the identity or source of information transmitted by the Client's systems, customers or users, (11) engage in or permit any activity that results in the over utilization of power circuits, (12) engage in any other activity deemed by 10 Ton Studios Inc. to be in conflict with the spirit or intent of this Agreement or any 10 Ton Studios Inc. policy; or (13) use Your server as an "open relay" or similar purposes.
Billing and Overage Charges
You are responsible for maintaining accurate billing information on file with 10 Ton Studios Inc.. 10 Ton Studios Inc. currently accepts payment by credit card (Visa, MasterCard, Discover and/or American Express) and PayPal. You are responsible for ensuring that there is no excessive overloading on 10 Ton Studios Inc.'s DNS or servers. In the event that You exceed Your allotted bandwidth or disk space, You shall be assessed any and all fees, costs and penalties associated with such overloading. 10 Ton Studios Inc. may cease providing the Services at any time without notice for failure to pay or late payment of any amount outstanding on your account. 10 Ton Studios Inc. currently bills for all services in advance on the 25th of each month. Quarterly or annual subscriptions are currently billed on the 25th of the month in which your subscription comes up for renewal.
Expiration, Termination and Automatic Renewal
Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to initiate a cancellation ticket including your domain name, user identification and password in our online help system at least 24 hours before your renewal date (30 days in advance for dedicated hosting customers). Our online help system can be located at: http://help.10tonstudios.com In the event You terminate, moving your web site off of the 10 Ton Studios Inc. virtual dedicated servers is Your responsibility. 10 Ton Studios Inc. will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, 10 Ton Studios Inc. will not transfer or manage Your Services or Your website content.
Accurate Information
You agree to maintain accurate information on file with 10 Ton Studios Inc. including but not limited to Your business name and address, account contact name, billing contact name, billing information (credit card or Pay Pal account identification) and associated contact email address(es), mail address(es) and phone number(s). You agree to update such information in Your control panel within 48 hours of a change. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if 10 Ton Studios Inc. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, 10 Ton Studios Inc. has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your Content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password. 10 Ton Studios Inc. shall have no liability to You or any other person for loss, damage or destruction of any of Your Content, or for related losses by Your business or Your customers. 10 Ton Studios Inc. shall have no liability to You or any other person for Your use of the Services in violation of these terms.
Additional Terms
Choice of Law and Arbitration
This agreement shall be governed by the laws of the state of Florida. You agree that all disputes arising under this Agreement shall be submitted to binding arbitration through the American Arbitration Association. You agree that any damages awarded to You, including any penalties, interest or other charges, shall be limited to the amount of your most recent invoice from 10 Ton Studios Inc. as reflected in our records.
Privacy
As a condition of purchasing and using the Services, You acknowledge and agree that 10 Ton Studios Inc. may provide Your personal information to our partners including but not limited to partners providing network operations, customer service, technical and/or billing support, as required to provide the plans for which You are purchasing. Our partners shall be prohibited from using your personal data fro any purpose other than providing the Services. We shall use your data only to provide the Services and/or to offers for additional services to you. We will not sell or otherwise transfer your data to an un-affiliated company without your consent. 10 Ton Studios Inc. reserves the right at all times to disclose any information as 10 Ton Studios Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 10 Ton Studios Inc.'s sole discretion.
Termination For Cause
10 Ton Studios Inc. may terminate the Services for Your account at any time without notice if in 10 Ton Studios Inc.’s sole discretion You violate any term or fail to perform any of your obligations in this Agreement.
Refunds
10 Ton Studios Inc. does not provide refunds for any unused portion of the Services.
Notices
Unless otherwise specified, all notices and/or communications regarding this Agreement may be directed to sales@10tonstudios.com. You agree that posting on 10 Ton Studios Inc. website shall constitute sufficient notice to you for all matters related to the Services.
Limitation of Liability
IN NO EVENT SHALL THE 10 TON STUDIOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE 10 TON STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, 10 Ton Studios Inc. ’s liability is limited to the full extent permitted by law. You agree that in no event shall 10 Ton Studios Inc. ’s maximum aggregate liability exceed to the amount of your most recent invoice from 10 Ton Studios Inc. as reflected in our records.
Disclaimer of Warranties
10 Ton Studios Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
Indemnification
You agree to defend, indemnify and hold harmless 10 Ton Studios Inc. and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any claim, action, proceeding or demand related to Your Services, Your account, or Your breach of this Agreement or incorporated agreements and policies.
Entire Agreement
You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and 10 Ton Studios Inc. regarding the Services contemplated herein.
Severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
Waiver
The failure of 10 Ton Studios Inc. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of 10 Ton Studios Inc. thereafter to enforce such provisions.
No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
4. Infringement Policy Statements
10 Ton Studios Inc. reserves the right to suspend Your account, modify Your website and/or take any other actions allowed under law is response to a good faith claim of trademark or copyright infringement.
To notify 10 Ton Studios Inc. of an alleged copyright or trademark infringement, please follow the specific instructions below.
If you are responding to a complaint of infringement, please follow our Counter Notification procedures below.
Trademark Claims
If any trademark owner or agent thereof would like to submit a claim of trademark infringement for violation of a mark, 10 Ton Studios Inc. requests that the trademark owner or their agent provide follow the procedures outlined below:
To be considered effective, a notification of a claimed trademark violation must be provided via email to 10 Ton Studios Inc. at compliance@10tonstudios.com with the words “TRADEMARK CLAIM” in the subject line, and must include the following information:
1. Sufficient evidence that the party posting the trademark that is claimed to be infringing is a customer of 10 Ton Studios Inc..
2. The trademark, service mark, or other item (the "Mark") claimed to be infringed.
3. The name, post office address and telephone number of the owner of the Mark.
4. The goods and/or services covered by or offered under the Mark.
5. The date of first use of the Mark identified.
6. The date of first use in interstate commerce of the Mark.
7. The trademark, service mark, or other item (the “Infringing Mark”) you believe is an infringement of your Mark.
8. The goods and/ or services covered by or offered under the Infringing Mark.
9. The precise location of the Infringing Mark.
10. A good faith certification, signed under penalty of perjury, stating:
a. The Infringing Mark infringes the rights of another party,
b. The name of the owner of the Mark
c. The Mark being infringed, and
d. That use of the Infringing Mark at issue is not defensible.
10 Ton Studios Inc. will investigate all claims of trademark infringement and take whatever actions 10 Ton Studios Inc. deems appropriate, at our sole discretion, based upon the merits of each claim.
Copyright Claims
If any copyright owner or agent thereof would like to submit a claim of copyright infringement, 10 Ton Studios Inc. requests that the copyright owner or their agent provide follow the procedures outlined below:
To be considered effective, a notification of a claimed copyright infringement must be provided via email to 10 Ton Studios Inc. at compliance@10tonstudios.com with the words “COPYRIGHT CLAIM” in the subject line, and must include the following information:
1. An electronic signature of the copyright owner, agent authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 10 Ton Studios Inc. to locate the material.
4. Information reasonably sufficient to permit 10 Ton Studios Inc. to contact the copyright owner or their agent including name, address, phone number and an electronic mail address.
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the you are the copyright owner, or their agent authorized to issue claims of infringement, of an exclusive right that is allegedly infringed.
10 Ton Studios Inc. will investigate all claims of copyright infringement and take whatever actions 10 Ton Studios Inc. deems appropriate, at our sole discretion, based upon the merits of each claim, including immediate removal or suspension of access to material that is the subject of a valid claim of infringement.
Counter Notification
If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing compliance@10tonstudios.com and including the following:
1. Your electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The Your name, address, and telephone number, and a statement that You consent to consents to the jurisdiction of the Federal District Court for the judicial district of Florida, or if the your address is outside of the United States, for any judicial district in which the Complaining Party may be found and you will accept service of process from the Complaining Party or an agent of such Party.
10 Ton Studios Inc. will investigate all counter claims of infringement and take whatever actions 10 Ton Studios Inc. deems appropriate, at our sole discretion, based upon the merits of each claim, including restoring access to materials previously removed or to which access was suspended based upon a good faith claim of infringement.
Repeat Offenders
It is 10 Ton Studios Inc.’s policy to terminate accounts associated with repeated valid claims of infringement of any kind.
Registered Agent
10 Ton Studios Inc.’s registered agent for all claims of infringement can be contacted via the address compliance@10tonstudios.com or at the address or phone number for 10 Ton Studios Inc. listed elsewhere on this site.
Revised September 2008