artsdigitalmedia.com

Ok, we have all kinds of "legalize" here (Acceptable use policy and Terms and Conditions). As a consumer, it is your responsibility to read it. To summarize:

ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT ARTSDIGITALMEDIA.COM’s DISCRETION. This is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We do not have instant activation for this reason but we do have HIGHLY satisfied customers on a clean service!

No IRC's, Illegal or blatantly offensive material or Spamming from a site or server. Period.

Customers who LOAD (Proof of use or public display NOT required) these programs or materials on the servers will be billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.

Support Restrictions

ARTSDIGITALMEDIA.COM will make efforts support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.

The offer of any particular service does not constitute an obligation on ARTSDIGITALMEDIA.COM's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. All cancellations will be pro-rated based on days of last months service (cost of service/days of month = X * Days left in last months of service = Amount of refund).

If your website and/or email becomes unavailable due to reasons at your facility (or related), we will offer a refund for 2X the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded.

We offer a 30 day money back guarantee for cause on all hosting, and dedicated services plans. Cause is any demonstrated failure on our part to deliver services purchased. Simply put, we do not want a 30 day money back offer to turn into a scammers delight as "first 30 days free". We used to offer the first 30 days free and became the target of a great deal of scammers and spammers...So. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund.

Secure server certificate, set up and domain name registration fee's ARE NOT REFUNDABLE.

a) What if we sign up for 1 year in advance? Is refund available, is it full, prorated or percentage-based?

See above for specific service policy's. When offered, the refund is Pro-rated. If you sign up for a year at $120.00 and want to leave after 1 month we will refund $108.00 (11/12's of the purchase price)

ARTSDIGITALMEDIA.COM accepts cash, smart money, check as payment options. Checks need 3 days clearance.

Privacy Statement

ARTSDIGITALMEDIA.COM follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Use of ARTSDIGITALMEDIA.COM Service constitutes acceptance and agreement to ARTSDIGITALMEDIA.COM AUP as well as ARTSDIGITALMEDIA.COM TOS (Terms of Service)

ARTSDIGITALMEDIA.COM reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of ARTSDIGITALMEDIA.COM Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To ARTSDIGITALMEDIA.COM have a 30 day money back guarantee for cause*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ARTSDIGITALMEDIA.COM may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your ARTSDIGITALMEDIA.COM account or other actions as detailed below without notice, based upon the nature of the violation

This document is intended to provide a basic understand of ARTSDIGITALMEDIA.COM Acceptable Use Policy. The following are guidelines for the establishment and enforcement of ARTSDIGITALMEDIA.COM AUP. If a ARTSDIGITALMEDIA.COM account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your account/service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

• Illegal Activities: ARTSDIGITALMEDIA.COM services may not be used for illegal purposes, or in support of illegal activities. ARTSDIGITALMEDIA.COM reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

• Harm or Endangerment to other people: You may not use ARTSDIGITALMEDIA.COM service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use ARTSDIGITALMEDIA.COM service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

• Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

• ARTSDIGITALMEDIA.COM fully supports safelists as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can't be supported through our website or programs. We also require that these lost be carefully policed and comply with all state (Massachusetts) and federal (United States) law (regardless of where the site are located). Failure to abide by these laws constitutes spamming and will be subject to our spamming policy. Please review it below, it is quite severe and will be enforced without exception or limits.

• Unsolicited E-mail, News Bombing (SPAM): Use of the ARTSDIGITALMEDIA.COM service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending ARTSDIGITALMEDIA.COM account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending ARTSDIGITALMEDIA.COM account.

• Copyright or trademark infringement: Use of the ARTSDIGITALMEDIA.COM service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the ARTSDIGITALMEDIA.COM service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

• Network disruptions : Use of the ARTSDIGITALMEDIA.COM service for any activity which affects the ability of other people or systems to use ARTSDIGITALMEDIA.COM Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. ARTSDIGITALMEDIA.COM will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. ARTSDIGITALMEDIA.COM, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the ARTSDIGITALMEDIA.COM service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ARTSDIGITALMEDIA.COM or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ARTSDIGITALMEDIA.COM account is subject to immediate termination.

• Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Network Security: ARTSDIGITALMEDIA.COM accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

ARTSDIGITALMEDIA.COM requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at CONTACT@ARTSDIGITALMEDIA.COM if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

ARTSDIGITALMEDIA.COM will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT ARTSDIGITALMEDIA.COM $75.00 PER HOUR.

All Terms and Conditions of this TOS (Terms of Service) and our AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

Use of ARTSDIGITALMEDIA.COM Service constitutes acceptance and agreement to ARTSDIGITALMEDIA.COM AUP (Acceptable Use Policy) as well as ARTSDIGITALMEDIA.COM TOS (Terms of Service). From herewith in this TOS, and AUP. the usage of “us”, “we”, “our”, “ours” shall constitute reference to ARTSDIGITALMEDIA.COM, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of ARTSDIGITALMEDIA.COM.

Acceptance of Service/Contractual Agreement

Client agrees that by placing any order either by means of electronic ordering (web order form and email) or submitting a written contract, and receipt of such order from ARTSDIGITALMEDIA.COM, that you are agreeing to our TOS and AUP. In any case a MOA/Contract is issued to a client by which is signed and submitted to ARTSDIGITALMEDIA.COM that MOA/Contract will be acknowledge. But failure to accomplished and return the MOA/Contract to ARTSDIGITALMEDIA.COM on or before the project commencement date, this TERMS AND CONDITIONS will be utilized.
ARTSDIGITALMEDIA.COM will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract/purchase, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay ARTSDIGITALMEDIA.COM any additional fees as specified in the Service Description.
All codes and scripts developed, customized and created by artsdigitalmedia.com are sole property of the artsdigitalmedia.com. The codes and scripts NOT FOR SALE. In any case a client wish to have a copy of this codes and scripts for whatever purpose, it will be billed 10 times the amount of the quoted price and some parts of it are encrypted.
Delayed payment will be charge an additional tree percent (5 %) of the total amount.
On "do it yourself website", artsdigitalmedia.com is not responsible for website crashes and other irregularities that may appear or happen on your website.
Abuse of the website, large amount of files such as mpeg, exe, zip and other downloadable files which size 30 MB ++ is prohibited.
On ALL projects may it be in 3d e-commerce, 3d interactive presentations, web development & design and Java based 3d website, artsdigitalmedia.com's acknowledgement and logos must be remain and prohibited to removed.
Projects that are inactive for 6 months due to clients unparticipation/idle are considered terminated and the payments are porfieted.

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to ARTSDIGITALMEDIA.COM. Subsequent payments are due on the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by ARTSDIGITALMEDIA.COM will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)

ARTSDIGITALMEDIA.COM may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to CONTACT@ARTSDIGITALMEDIA.COM. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 6PM (PH) Monday - Friday

Refunds and Disputes:

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in ARTSDIGITALMEDIA.COM discretion which is valid, under the terms and conditions of our , AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Hosting and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 9:00am – 6:00pm (PH). ARTSDIGITALMEDIA.COM will not perform maintenance, security checks, or management without client initiating such request. ARTSDIGITALMEDIA.COM does not take responsibility for the overall security of servers.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in ARTSDIGITALMEDIA.COM Network as confirmed by ARTSDIGITALMEDIA.COM. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any ARTSDIGITALMEDIA.COM scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

Network Violation Credit occurs when our network uptime guarantee is not met. ARTSDIGITALMEDIA.COM will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must E-mail us within 10 days of reported violation. violations will be reviewed by our personnel Monday – Friday 9AM to 6PM (PH). *Network violation credit does not cover server hardware failure.*

Server Hardware for Dedicated, or Co-Located Servers

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

Hardware replacement will occur within 12 hours of the reported problem, ARTSDIGITALMEDIA.COM will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an hardware violation credit, you must E-mail us within 10 days of reported violation. violations will be reviewed by our personnel Monday - Friday 9AM to 6PM (PH). *Hardware violations do not cover network violation*

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

• Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ARTSDIGITALMEDIA.COM will restore the system to original state.

ARTSDIGITALMEDIA.COM is not responsible for the restoration of data to server. We strongly recommend that you purchase backup options for your account/server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ARTSDIGITALMEDIA.COM shall not be liable for loss of data under any circumstance.

ANY PROJECT / CLIENT ACCOUNT shall be terminated in any case of VIOLATION / MISCONDUCT / MISLEAD regarding any aspect of this TERMS AND CONDITIONS.