Terms of Service
Use of ABC Studio Service constitutes acceptance and agreement to ABC Studio's AUP as well as ABC Studio's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ABC Studio Hosting. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ABC Studio shall have the right to terminate all service set forth in this Agreement.

Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that periods service. ABC Studio offers a five day money back guarantee on the initial hosting purchase. Prorated refunds are not possible.

Disputes
All billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ABC Studios sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ABC Studio an "Administrative Fee"

Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Limited Liability
Customer expressly agrees that use of ABC Studio Hosting is at Customers sole risk. Neither ABC Studio, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ABC Studios service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ABC Studio Server service. Under no circumstances, including negligence, shall ABC Studio, its offices, agents or any one else involved in creating, producing or distributing ABC Studios services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ABC Studio services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ABC Studios records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on the ABC Studio service. Notwithstanding the above, Customers exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract.

SPAM and Unsolicited Commercial Email (UCE)
ABC Studio takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ABC Studio may not use or permit others to use our network to transact in UCE. Customers of ABC Studio may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of ABC Studios SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ABC Studio will initiate an immediate investigation (within 48 hours of notification). During the investigation, ABC Studio may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ABC Studio may, at its sole discretion, restrict, suspend or terminate customers account. Further, ABC Studio reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ABC Studio will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the ABC Studio network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE
BEGINNING IMMEDIATELY, 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.

IP Address Ownership
If ABC Studio assigns Customer an Internet Protocol address for Customers use, the right to use that Internet Protocol address shall belong only to ABC Studio, and Customer shall have no right to use that Internet Protocol address except as permitted by ABC Studio in its sole discretion in connection with the Services, during the term of this Agreement. ABC Studio shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ABC Studio, and ABC Studio reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPEs new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form and must be fairly distributed over the month. Customers are able to use 167 Gb daily totaling 5010 Gb in a normal 30 day month. A 28 day month provides 4676 Gb transfer and a 31 day month will allow a total of 5177 Gb transfer. Sites that consume over our daily limit on a regular basis period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs. ABC Studio will monitor Customers bandwidth and disk usage. ABC Studio shall have the right to take corrective action if Customers bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ABC Studios sole and absolute discretion. If ABC Studio takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. The default email inbox holds emails for up to 180 days, sent 30 days and deleted (trash) 7 days. Email subfolders are not automaticly cleaned up as this is the responsibility of the client.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the ABC Studio Network. Violations of system or network security may result in civil or criminal liability. ABC Studio will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

• Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation
ABC Studio is under no duty to look at each customers or users activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which ABC Studio determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ABC Studios discretion to a temporary suspension pending a Users agreement in writing, to refrain from any further violations.

Second Violation
Users that ABC Studio determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customers network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation
ABC Studio reserves the right to suspend network access to any customer if in the judgment of the ABC Studio network administrators the customers server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ABC Studio chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customers machines were suspended. ABC Studio reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ABC Studio must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. ABC Studio has the right to refuse service to any client at any time.

Indemnification
ABC Studio wishes to emphasize that in agreeing to the ABC Studio Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ABC Studio for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ABC Studio or the bringing of any claim against ABC Studio by any third-party. This means that if ABC Studio is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ABC Studio, plus all costs and attorneys fees.

Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. ABC Studio takes no responsibility for any material input by others and not posted to the ABC Studio Network by ABC Studio. ABC Studio is not responsible for the content of any other websites linked to the ABC Studio Network; links are provided as Internet navigation tools only. ABC Studio disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy. Our corporate language is English and is only able to guarantee support and general communication in written English. ABC Studio is not responsible for any damages your business may suffer. ABC Studio does not make implied or written warranties for any of our services. ABC Studio denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ABC Studio. It is absolutely forbidden to host illegal content or IRC servers on ABC Studio accounts. Accounts found hosting this material will be subject to immediate cancellation without refund. ABC Studio reserves the right to remove any content that is suspected to infringe copyrights, trademarks or otherwise harmful content at its discretion.

Responsability for Content
You, as ABC Studios customer, are solely responsible for the content stored on and served by your ABC Studio account.