Terms of Service Our prices are already very low and are intended to reach a high volume of customers

Terms, Conditions and Acceptable Use Policy

Diart Studio - hereafter referred to as Diart Studio or DS - provides Internet World Wide Web page hosting, Marketing, and Development. Diart Studio has certain legal and ethical responsibilities consisting with the use of offered server and equipment involved in these services. Diart Studio's general policy is to act as a authorized reseller of Internet presence. DS has specific ethical concerns regarding the use of computers detailed below. Diart Studio reserves the right to suspend or cancel a customer's access to any or all services provided by business partner Hosting-Network Inc. when they decide that the account has been inappropriately used.

Specific Acceptable and Prohibited Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Diart Studio is strictly prohibited.

Unauthorized use of other people's accounts or computers
Diart Studio will strongly react to any use or attempted use of an Internet account or computer with- out the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Diart Studio customer, whether or not the attacked account or computer belongs to Hosting-Network Inc. , will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Adult Sites, That Place Adult Materials

On Their Sites
Any type of pornographic materials, hate materials, adult materials (that does not necessarily mean pornography only), racial materials, or unlawful practices.

Utilization Limitations and / or Unlimited Storage
Diart Studio's customers are privileged to be offered an unmonitored account in terms of bandwidth. This means Diart Studio does not pro-actively monitor bandwidth usage of our customers. Diart Studio's bandwidth policy is similiar to the common Laissez-Faire model in politics. Customers are entitiled to use as much bandwidth as necessary as long as they (a) do not harm other customers located on the same machine or on other machines of Diart Studio's network and (b) do comply with all other terms & conditions. All domain / subdomains account do have a moderation throttelling utility applied to their throughput. This moderation throttelling utility measures the accounts usage based on averages derived from various server tasks and services such as average CPU utilization, FTP utilization, HTTP bandwidth utilization, Email utilization - et cetera. On basis of the meaningful average value the moderation throttelling software decides if a delay of an offending account is determinded to be necessary in order to assure 100% service uptime, reliability and performance for other websites of moderate usage on same machine. HTTP moderation is set to 57 million bits per hour (in numbers: 57,000,000 bits / hour), other limitations are determined depending on average usage of the server by all clients on same machine and hence depend. Diart Studio does also offer unlimited storage with the Platinum Elite Package. The intention of Diart Studio is to provide a large space to serve web documents, not an offsite storage area for electronic files. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy does ONLY apply to websites who are considered to be abusing services - HTTP and disk space utilization in particular. It is NOT applicable to photo galleries, even if several hundred megabytes of web space are in use. PHOTO galleries and / or any kind of presentation websites are more than welcome to host on Diart Studio and are only bound to above utilization policy. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Diart Studio management. Any customer who violates Diart Studio's policies in abusing any policy will be notified and given 5 days to remedy the problem. If the problem is not resolved within the allotted 5 day period, the client's account is subject to cancellation.

| Diart Studio will be the sole arbiter as to what is constituted a violation of this provision. |
Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and will result in account suspension or cancellation. Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explcitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint.

Chat Rooms
We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the Diart Studio support team prior to utilizing the chat software is strongly recommended.. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Parachat software chatrooms are available from companies such as www.everyone.net (Plug-In-Community) or www.jpilot.com (remote java chat) and do not put any system hogs on our servers.

Background Running Programs
We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases Featureprice prefers not to impose any extra charges on the customers.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on an annual pre-pay basis. The work with account setup and possible domain registration itself is free with any account. A free domain registration is provided with the Premium and Platinum accounts. Such domain will be registered with Diart Studio's proprietary bulk registration system and may or may not show proprieratery contact information. In any case and in the event customers wish to move their domain name to another provider, Diart Studio will not play a hindering role. Customer is welcome to request move of domain name registered through Diart Studio to another provider anytime and Diart Studio will immediately work on request and initiate process to remove the domain name from Diart Studio's bulk registration system. Customer can then register this domain name with any other provider, as per customer's preference. The Premium and Platinum package include ANY and ALL fees for the domain name, they do also include the InterNIC fee for the one domain registration since it will be paid in full by Diart Studio. The Budget and Mini accounts carry a $25 / year InterNIC domain registration fee, as mentioned on order form that is utilized to complete an order. If client is hosting with Premium or Platinum Elite Package, Diart Studio will be paying InterNIC fees for the time client is hosting with Diart Studio. All pricing is guaranteed for the term of pre-payment. Diart Studio reserves the right to change prices at any time for *new* customers only. Existing customers have, as soon as an order is placed, a price-lock on their account and are guaranteed to ALWAYS receive the same or lower price than they originally signed-up for. Hence customers will never face or incurr higher or increased charges. Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Diart Studio in online writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
Diart Studio reserves the right to cancel service at any time due to policy violations. If Diart Studio institutes it's right of cancellation, no pro-rated fees will be refundend or credited as policies have been violated. Each customer is expected to use his/her account for the purpose of maintaining a web site only, with responsability and respect toward other Internet users. Common sense is the best guide as to what is right and wrong, and it's the same guide we'll use when analizing an event of bad behavior. Diart Studio has the right to deny business to a customer, if this customer is being rude to a member of our staff, attempting to re-open an account after the user's account has been previously cancelled due to a policy violation, constantly creating problems on a server, constantly having billing problems (credit card denied way too often, checks bouncing, etc), demanding or expecting in a rude fashion more than what our service provides or what we can do ("I want you to install X software for me. Do it now or else", "I want more email accounts for free. I'm the customer and you have to satisfy me. So give me the extra email accounts", etc etc). Always be polite. If customer is not polite, Diart Studio reserves the right to no longer provide customer with web hosting service. If Diart Studio decides to stop providing customer service due to any of these reasons, the account will be terminated immediately. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastative behaviour, hacking, phreaking, phroning, etc). Customers can cancel service any time by sending email to info@diartstudio.com. We request to hear a reason for cancellation. Reason for cancellation is mandatory in order to receive refund. Since Diart Studio operates a conditional money-back guarantee, any given reason may not be classified as sufficent reason for a refund request. Diart Studio will be to sole arbiter as to what is constituted a sufficient reason for a refund. Unsufficient reasons are for example, but not limited to:
(1) Client is not technically fluent enough to maintain a web hosting account. Diart Studio is not responsible to technically educate its customers.
(2) Client decides web hosting services was ordered too early or out of a mood - may it be good or bad - Diart Studio is not responsible for customers' moods and hence a refund is not applicable in this case. A valid reason for refund would be - but need not necessarily be - a proven technical reason of a technical problem and / or issue that Diart Studio was either not willing to solve or cannot solve at this time due to technical, logicistal or administrative reasons. If request for refund comes in, client MUST give Diart Studio a 48 hour grace period to fix technical issue that is basis for refund request. If then after that time technical problem is not solved, a 30-day money back refund is granted under following criteria: If client is within his 30-day money back guarantee period, Diart Studio will credit 100% of the pre-paid money minus following handling, initial support and service charges: $20 Mini Accounts (+$25 if domain registration was ordered), $40 Budget Accounts (+$25 if domain registration was ordered), $75 Premium Accounts (+$25 if domain registration was ordered), $100 Platinum (+$25 if domain registration was ordered). If client has exceeded 30-day money back guarantee period, a refund cannot be applied in any case and due to any reason. Refunds will be honoured within three weeks and be credit back to client credit card. It is the clients responsibility to supply a valid credit card at time of refund request. Please note that refunds for money wires and / or check orders cannot be honoured as they are not applicable.

Chargeback and Dispute Policy
Diart Studio does not allow chargebacks to occur to its merchant accounts and contracts with Paysystems Inc. without sufficient reason. It is not recommended to initiate a chargeback hence customer agreed to AUP (this document) and Terms&Conditions as outlined in this document and Diart Studio will use this document and customer's agreement at the time of order to wholeheartedly fight a chargeback and / or dispute. If customer supplied a valid reason for refund, Diart Studio will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / chargeback attempts will immediately result in suspension of webhosting account and another charge applied to the customer credit card under the same order / authorization number. Diart Studio reserves the right to re-charge customer credit card anytime in event of a dispute and / or chargeback process.

Lawful Purpose
Diart Studio and Hosting-Network Inc. reserves the right to refuse service to anyone. Customers may only use our host servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Diart Studio expressly forbids anyone from using Hosting-Network Inc. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Diart Studio and Hosting-Network Inc. management's.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Diart Studio and Hosting-Network Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Diart Studio or Hosting-Networks Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hosting-Network Inc. and Diart Studio against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Diart Studio or Hosting-Networks Inc.'s servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Hosting-Networks Inc. 's server.

Disclaimer
Diart Studio and Hosting-Network Inc. will not be responsible for any damages your business may suffer. Diart Studio and Hosting-Network Inc. makes no warranties of any kind, expressed or implied for services we provide. Diart Studio and Hosting-Network Inc. disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Diart Studio and Hosting-Network Inc. and its employees. Diart Studio and Hosting-Network Inc. reserves the right to revise its policies at any time. All Sub-Networks, resellers and dedicated servers of Hosting-Network, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Copyright © 1997-2001 Diart Studio and Hosting-Network, Inc. All Rights Reserved.

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