Introduction
This document explains the Acceptable Use Policy for use of services provided
by e-StudioPro.com, by the client/user (hereinafter known as Customer). This
document supersedes all forms of this document previously published by e-StudioPro.com.
This document is maintained and published on-line on the e-StudioPro.com
home page at http://www.e-StudioPro.com/. All Customers of e-StudioPro.com
are required to be familiar with this policy. Use of e-StudioPro.com services
in any form constitutes acceptance of this Acceptable Use Policy and agreement
to adhere to it. This Acceptable Use Policy may be known herein after as
policy, Terms Of Service, TOS, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy
is the date of signup or acceptance by the Customer of services from e-StudioPro.com,
and they shall remain in effect until Customer terminates his/her account
or e-StudioPro.com cancels Customer's account. e-StudioPro.com reserves
the right to change the terms and conditions of use or it's Acceptable
Use Policy at any time. Notification of changes will be announced via email.
If customer does not agree to changes, Customer may cancel services by
giving e-StudioPro.com proper written notice as directed herein.
Termination for Cause
e-StudioPro.com may terminate an account at any time for any violation of this
Acceptable Use Policy or for failure to pay bills for service. Such termination
generally means that all files are deleted and all services, including
mail forwarding are rescinded. Customer will not receive a refund for any
prepaid services. All losses and expenses suffered by Customer as a result
of such termination will be Customer's to bear alone, and e-StudioPro.com
will have no liability whatsoever.
Provision of Services
e-StudioPro.com will provide services on its host computing systems to customers
in exchange for payment of fees and compliance with these Terms and Conditions
and the Acceptable Use Policy. e-StudioPro.com services are defined as
the use by Customer of computing, telecommunications, software, and information
services provided by e-StudioPro.com. These services also include the provision
of access to computing, telecommunications, software, and information services
provided by others via the worldwide computer network known as the Internet.
Consultation Charges
e-StudioPro.com welcomes requests from Customers concerning their problems
and will do as much as possible to help resolve them. When assistance provided
by e-StudioPro.com is beyond services offered to all customers by e-StudioPro.com
as part of its basic services such as assistance with Customer systems
configuration beyond the initial set-up, the Customer may be charged a
standard consulting rate. The Customer will be notified before such charges
start. Consultation charges will be added onto the Customer's next invoice.
Security of Accounts
e-StudioPro.com accounts are for individual Customers. Customer therefore agrees
not to share the password of the account with others. Customer agrees to
maintain a secure password to the account and is responsible for any use
of his/her account. Customer agrees not to use any e-StudioPro.com services
to obtain the passwords of other customers on e-StudioPro.com or other
systems. Customer agrees not to use e-StudioPro.com services to make unauthorized
attempts to access any systems and networks. Customer may supply access
to other individuals to their own account using our provided services to
do so at Customer's risk. e-StudioPro.com is not liable for any events
that may result, and the individual's provided access must also adhere
to e-StudioPro.com policies and guidelines.
Use of Internet Services
Customer agrees not to use e-StudioPro.com services to violate copyright or
other intellectual property rights. For example, Customer may not upload
or download commercial software in violation of software license agreements.
Customer agrees to use the services provided by e-StudioPro.com as permitted
by applicable local, state, and federal laws. Customer agrees, therefore,
not to use these services to conduct any business or activity that is prohibited
by law.
Specific Acceptable Use Policies
e-StudioPro.com believes that the First Amendment rights of free speech, freedom
of the press, and freedom of association apply to the Internet to the same
degree as they do to print media. e-StudioPro.com has no intention of infringing
upon those rights. In fact we encourage using your own creativity and self
expression within the limits of the law.
Unauthorized Use of Accounts or Computers
e-StudioPro.com will react strongly to any unauthorized use or attempted unauthorized
use of an Internet account or computer without the owner's authorization.
Whether or not the attacked account or computer belongs to e-StudioPro.com,
such attempts include but are not limited to "social engineering" (tricking
other people into releasing their passwords), password cracking, security
hole scanning, and denial of service attacks. Possible actions including
warnings, account suspension or cancellation, and legal action, according
to the seriousness of the attack.
E-mail Privacy
Electronic mail passes through multiple mail servers from source to destination
on the Internet. One can never be guaranteed privacy from every possible
mail server; therefore, customers seeking total privacy should use some
encryption scheme, such as PGP to render their messages unreadable by eavesdroppers.
With regards to e-StudioPro.com mail servers, e-StudioPro.com places a
high value on privacy, and will normally only examine Customers' mail to
troubleshoot E-mail delivery problems, protect system security, or to comply
with a lawful warrant or court-order. e-StudioPro.com will not divulge
Customer account information, except at the direction of a lawfully served
warrant.
Commercial Advertisements
Commercial advertising is an accepted and welcome use of the Internet. However,
there is appropriate and inappropriate Internet advertising. ISP's that
don't abide by this Internet standard may be denied access to newsgroups
and in some cases to the Internet entirely. Commercial advertisements are
unwelcome in most Usenet discussion groups and on most E-mail mailing lists.
Inappropriate postings may result in account suspension or cancellation.
See the newsgroup or mailing list's charter for whether advertising is
allowed or not. Unsolicited commercial advertisements sent out via E-mail
or to many off-topic newsgroups are not allowed. Generally ads should be
placed in the ".biz" newsgroup hierarchy. Sending a message, such as unsolicited
e-mail, especially an un-requested advertisement, to multiple recipients
is by itself "spamming", unauthorized use of E-mail, unless the individuals
have specifically requested to be added to a mailing list on that topic.
Any mail or complaints or abuse will result in suspension of the account
for 5 days until proof is shown that mailing has stopped. No mass mailing
to, from or involving e-StudioPro.com will be tolerated.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid
schemes or chain letters of any sort will result in quick account termination.
Pyramid schemes are illegal no matter how the message is presented. Pyramid
schemes are NOT permitted.
Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's valid account
name in the header. You may use another existing e-StudioPro.com or non-
e-StudioPro.com E-mail address in the "reply to" field as long as it is
clear that the post came from your e-StudioPro.com account. Use of standard “anonymous
re-mailers” is allowed for private (noncommercial) E-mail and posting.
Illegal Material (Copyright)
e-StudioPro.com assumes no legal liabilities relating to Customer's use of
e-StudioPro.com computer network and equipment. However, e-StudioPro.com
requires that its customers not use e-StudioPro.com network for illegal
purposes. In any legal matters that result from a Customers action, e-StudioPro.com
is under no obligation to defend itself rather than settle. Any losses
suffered by e-StudioPro.com to settle or defend legal action, and all civil
or criminal penalties inflicted on e-StudioPro.com as a result of any Customer's
act are payable by the customer. Customer shall have no defense against
prompt and full repayment to e-StudioPro.com. When presented with a search
warrant, e-StudioPro.com is obligated to release appropriate information
requested, and will cooperate with the authorities in any criminal investigation.
While e-StudioPro.com recognizes that the legal status of the Internet
has not yet been fully resolved, e-StudioPro.com considers certain actions
illegal and therefore not allowed on its network, for example; unauthorized
distribution of copyrighted material; exploitation of minors; and unauthorized
use of computer resources. e-StudioPro.com makes no representations concerning
any attempt to review the content of sites hosted on its servers, and so
e-StudioPro.com is not responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites hosted on its servers.
Harassment
Harassment or abusive use of E-mail and other Internet services is a serious
misuse of Internet resources. e-StudioPro.com will handle incidents of
harassment on a case-by-case basis, consulting with the parties involved.
If you wish to report harassment, or abuse of services, please email abuse@e-StudioPro.com
and the abuse department will get back to you as soon as possible.
Inappropriate use of Web Service
e-StudioPro.com provides space for commercial web pages with some services.
e-StudioPro.com maintains no responsibility for the content of such pages.
e-StudioPro.com will handle complaints about inappropriate web pages on
a case-by-case basis. Examples of inappropriate information include downloadable
virus code, bulk E-mail lists, illicit advertising, and web-based services
that allow members of the public to send E-mail or post news anonymously.
e-StudioPro.com IRC rules
IRC client software is not allowed to be run through a shell account on any
servers owned by e-StudioPro.com. IRC client software must be run from
the users own computer. Bots (automated IRC programs) run against any programs,
community talk programs, video, audio or text servers, even if they are
run from your own machine, are not allowed via an e-StudioPro.com connection.
If e-StudioPro.com receives a complaint, e-StudioPro.com will investigate
the abuse and, if a violation has occurred, may put the account on hold
or remove the abusers account. Full payment for the entire contract term
will still be due, even with no further services provided. Customer agrees
to abide by e-StudioPro.com interpretation of the above. If Customer needs
help interpreting or applying these rules, Customer should ask e-StudioPro.com
support staff for assistance.
Abuse of e-StudioPro.comServices
Any use of e-StudioPro.com system resources that disrupts the normal operation
of the system or the use by other e-StudioPro.com customers is considered
to be abuse of system resources and is grounds for administrative intervention.
Use of e-StudioPro.com computers or Internet connection to send ping or
other packets in an attempt to deny service to another user is considered
abuse. Depending on the nature and the severity of the abuse, the customer
may receive an E-mail warning, have his processes halted, or have his account
suspended. If the misuse is unintentional or has under other mitigating
circumstances, the suspension may be rescinded but may require a reconnection
charge. Customers who believe their activity has been inappropriately handled
may appeal to e-StudioPro.com Management.
Reporting Abuse
Please email abuse@e-StudioPro.com for
information on the abuse reporting policies of e-StudioPro.com.
Warranties
e-StudioPro.com makes no warranties of any kind, whether expressed or implied,
for its services. e-StudioPro.com specifically disclaims any implied warranties
of merchantability or fitness for any particular purpose. e-StudioPro.com
will not be held responsible for any losses or damages resulting from delays,
non-deliveries, mis-deliveries, service interruption, or Customer's or
e-StudioPro.com errors or omissions. e-StudioPro.com will not under any
circumstances be responsible for consequential damages. e-StudioPro.com
reserves the right to suspend or terminate accounts for any reason, if,
in e-StudioPro.com's opinion, the Customer is disrupting or threatening
the operation of this site and/or the Internet or its components. In the
context of this AUP, using other sites or servers to abuse the net via
e-StudioPro.com access is regarded the same as using e-StudioPro.com site.
Applicability
These rules cannot be superseded by any verbal agreements of e-StudioPro.com
employees or customers. Any agreement modification or special changes to
this AUP must be in writing and signed by an officer of the Company.
Jurisdiction
The laws of Texas shall govern the validity, construction and performance
of this AUP and Customers agreement to abide by this AUP.
Severability
If any provision of this policy is held by a court to be contrary to law, the
remaining provisions will remain in full force and effect.
Please Note:
For customers who are unable to follow these rules, we will have no choice
but to suspend your account without warning and possibly contact your local
authorities if any laws have been broken. We are always willing to cooperate
with officials and have a right to defend
our position. If you feel as though you will be unable to abide by our
rules, please use your search engine to find another Web site host.
For Questions or Comments, please email policy@e-StudioPro.com.
