Terms and Conditions of Use

1. Acceptance of Terms and Conditions of Use:

Studio 1 Design and Hosting (Studio 1) is a division of MSD Consultants, Inc. By using the Studio 1 website, you agree to be bound by the Terms of Use, Conditions and Services of this website. The Studio 1 website may be updated from time to time without notice. Studio 1 reserves the right to change the terms and conditions of the website at any time without prior notice. Your use of the website and continued use of the website after any changes are made, constitute your agreement and acceptance of the terms and conditions stated. If you do not agree to the terms of the website, do not use this website.

2. Content:

All services provided by Studio 1 Design and Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Studio 1 Design and Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Studio 1 Design and Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links

  • Pirated software
  • Hackers programs or archives
  • Warez Sites
  • Porn
  • Spamming Software

Studio 1 Design and Hosting will be the sole arbiter as to what constitutes a violation of this provision.

3. Traffic Guidelines:

Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 5 gigs (on average, close to a 100,000 hits per month) of free traffic/bandwidth per month:

  • Sub hosting – any domain housing additional users
  • Shareware, sound, video, image and multimedia archives
  • Mirror sites
  • Distribution points
  • Any site whose primary purpose is file distribution
  • All sites with files other than plain text webpages

Sites that go over the allowed free traffic will be charged $20 per gig. Extra bandwidth must be purchased 5 gigs at a time. Sites must pre-pay this fee, and site is subject to suspension if bandwidth is unpaid for.

4. Trademark Information:

All brand name or product names may be trademarks or registered trademarks of their respective owners and are used herein for editorial purposes with no intent to infringe.

5. Ownership of Materials:

The information contained at Studio 1 Design and Hosting is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of the owner.

6. Links to Other Web Sites:

Studio 1 Design and Hosting makes no representations whatsoever about any other websites which may be accessed from the Studio 1 website. When you access a website linked from Studio 1, please understand that it is independent from Studio 1 and that Studio 1  has no control over the content on that website. A link from Studio 1 to another website should not be construed as an endorsement of that website. Studio 1 accepts no responsibility for the content or use of any website linked from Studio 1.

7. Limitation of Liability:

YOU UNDERSTAND AND AGREE THAT STUDIO 1 DESIGN AND HOSTING SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, INJURY OR ANY OTHER CONSEQUENTIAL DAMAGES FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR ITS CONTENT; (B) INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. IF LIMITED LIABILTY IS PROHIBITED, IN NO CASE SHALL ANY DAMAGE AWARD EXCEED THE COST OF THE USE OF USE OF THE WEB SITE OR AN AMOUNT NOT TO EXCEED $100.

8. Refusal of Service:

Studio 1 Design and Hosting reserves the right at its sole discretion to refuse or cancel any service. Violation of any Studio 1 terms and conditions could result in a warning, suspension, or possible account termination. Accounts terminated due to terms and conditions policy violations will not be refunded.

9. Background Running Programs:

As a general rule we do not allow background running programs. We may allow programs to run continually in the background , these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

10. CGI Scripts:

Each Studio 1 Design and Hosting account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Studio 1 Design and Hosting is not allowed.

11 Server Resources:

Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may  be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

12. Distribution and/or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

13. Network Security:

Customers may not use the Studio 1 Design and Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Studio 1 Design and Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

14. Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

15. Spam Or Unsolicited E-Mail:

You must not use the Studio 1 Design and Hosting Network, Studio 1 Design and Hosting equipment or any Studio 1 Design and Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Studio 1 Design and Hosting Network, Studio 1 Design and Hosting equipment or any Studio 1 Design and Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Studio 1 Design and Hosting reserves the right to disable your domain. In addition, Studio 1 Design and Hosting may impose a $100 penalty for each spam policy violation. Studio 1 Design and Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Studio 1 Design and Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. As such, any violation will result in immediate deactivation of services without refund.

16. Abuse:

Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a Studio 1 Design and Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

17. Intellectual Property Rights:

Material accessible to you through Studio 1 Design and Hosting’s Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Studio 1 Design and Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Studio 1 Design and Hosting Network. If you use a domain name in connection with the Studio 1 Design and Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

18. Digital Millennium Copyright Act:

We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The designated agent for this website is Studio 1 Design and Hosting. Please send notifications to dmca[at]studio1webdesign[dot]com.

19. Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Studio 1 Design and Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Studio 1 Design and Hosting, 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 Studio 1 Design and Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Studio 1 Design and Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Studio 1 Design and Hosting to $100.

20. Refunds:

Studio 1 Design and Hosting offers a 30 day money back guarantee on hosting plans only. Other purchases such as but not limited to web site design, logo design, search engine optimization, marketing, consulting, programming and maintenance are non-refundable. After this 30 day period there are no refunds. Further, any and all additional fees or fines incurred while using our service (including but not limited to spamming fines, traffic overage charges or abuse fines) are non-refundable and may not be cancelled in any way. If you request and receive a refund for your purchase, and you have not paid all of your fines and/or additional charges, you will be billed for the balance due. This means that you will not be given access to files stored on our servers. If you ever return to host with us, you must pay any balance due before you can host with us again. Refunds resulting from our decision to terminate your service (per “Refusal of Service” above) may or may not be issued and is at our sole discretion.

21. Cancellations:

Only a 30-day advanced written request to terminate your subscription service relieves you of your obligation to pay the monthly charge.

22. Payment Terms:

The subscriber is responsible for providing up-to-date payment information. Studio 1 Design and Hosting will not be held responsible should the subscriber’s payment information become out-of-date. If payment is by credit card, the subscriber authorizes Studio 1 Design and Hosting to charge the credit card listed on the order form for those charges for Studio 1 Design and Hosting services that may accrue from month to month, or for any past-due balances in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Studio 1 Design and Hosting may charge the amount due to the provided card at any time. Accounts are in default if payment is not received on due date. Accounts unpaid after due date may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly or quarterly charge. Only a 30-day advanced written request to terminate your service relieves you of your obligation to pay the monthly or quarterly account charge. In the event of default, the subscriber agrees to pay Studio 1 Design and Hosting its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. All pricing is guaranteed for a period of one-year. Studio 1 Design and Hosting reserves the right to change pricing at any time.

23. Disclaimer:

Studio 1 Design and Hosting will not be responsible for any damages your business may suffer. Studio 1 Design and Hosting makes no warranties of any kind, expressed or implied for services we provide. Studio 1 Design and Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Studio 1 Design and Hosting and its employees. Studio 1 Design and Hosting reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

24. Website and Logo Design:

Every effort will be made to ensure your website or logo design is an original creation unique to your identity. However, the customer must obtain his or her own legal advice regarding securing copyright and/or trademark protection and is responsible for making sure his or her website and/or logo design has the correct marks and does not infringe on anyone else’s design or content. (e.g. the use of the copyright ©, trademark ™, or registered trademark ® marks). We will append these marks to your website content or logo design upon your request. Further, because there are millions of website and logo designs in use in the world today and because it is not possible nor reasonable for Studio 1 Design and Hosting to be aware of any particular design in use, we cannot be held responsible for damages, whether civil or criminal resulting from any possible infringement from website or logo designs produced by Studio 1 Design and Hosting.

25. Applicable Laws:

Studio 1 Design and Hosting furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, Studio 1 Design and Hosting wishes to emphasize that in accepting services, customers indemnify Studio 1 Design and Hosting for the violation of any law or Studio 1 Design and Hosting policy, that results in loss to Studio 1 Design and Hosting or the bringing of any claim against Studio 1 Design and Hosting. This means that if Studio 1 Design and Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Studio 1 Design and Hosting, plus costs and reasonable attorneys’ fees. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. Studio 1 Design and Hosting reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

26. Governing Law and Jurisdiction :

The terms and conditions of use of this website are governed by the laws of the State of California. You consent and agree that the state or federal courts of California in which the owner of Studio 1 Design and Hosting resides will have exclusive jurisdiction and venue over any action or controversy that may arise.