Legal

HOSTING TERMS OF USE & PRIVACY POLICY:

If you have any questions regarding our terms of use or privacy policy please contact us to speak with our support or hosting sales department. We will be glad to address any concerns you may have.

A note about our terms of use:

By subscribing to our hosting services you are stating that you have read, understood, and agree to the terms and conditions established herein, “Terms of Use.” Note: This applies whether you have read them or not, therefore please read them.

Our Terms of Use policy is for the protection of WebstudioBoston.com, our clients, their clients and our servers. We do not abuse our rights; please do not abuse yours. We do not enjoy suspending or terminating web sites and use this measure as either a last resort or if a violation or multiple violations have occurred. Our purpose is to offer the very best hosting & support possible for our clients and to make your experience enjoyable and reliable without any intervention or interruption.

WebstudioBoston.com respects your right to privacy. We will never sell or rent your name, e-mail address, physical address or any other identifying information that you give us to any third party. By signing up for our hosting services you agree to receive occasional e-mails from our company regarding any information concerning your hosting account and/or server or services updates/upgrades.

We will SELDOM send you a promotional e-mail and this will ONLY be for specials or limited-time offers.

Our Terms of Use policy is actively enforced. Offending content or users may be suspended from our network immediately when discovered, with or without notification.

We will NOT delete your web site in most cases. Your site will be suspended until any pending issue is resolved, unless multiple violations or severe violations are found.

Sites are usually held in suspension for a 30-day period before termination. This suspension period is to allow the owner to contact us and resolve any issues. If you fail to contact us or respond within 30 days of suspension your site will be automatically terminated.

Refunds, in full, will be made as soon as the request is made (within our 30-day guarantee). Simply cancel your subscription, and then notify us that you would like your refund.

WebstudioBoston.com provides an Internet service of web hosting and in doing so has specific ethical and legal responsibilities consistent with the use of its server and the equipment involved in these services as detailed below.

WebstudioBoston.com reserves the right to suspend or cancel a customer’s access to any or all services when we decide the client is abusive towards the company or any member/owner within the company, the account has been inappropriately used, or if the account/client is with violation of said terms of use.

Any attempt to undermine or cause harm to a server or customer of WebstudioBoston.com is strictly prohibited.

Unauthorized use of other people’s accounts or computers:

WebstudioBoston.com will ardently react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include (but are not limited to), “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.

Any unauthorized use of accounts or computers by a WebstudioBoston.com customer (whether or not the attacked account or computer belongs to WebstudioBoston.com) 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.

WebstudioBoston.com has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown above and below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination or suspension is due to ANY violation of the terms as outlined on this web page.

Customers may not run IRC, bots or clients, including (but not limited to): BitchX, bncs, eggdrops, generic-sniffers, guardservices, Jirc, ircd, psyBNC, shell.php and ptlink.

Unacceptable uses also include, but are NOT limited to: Any type of proxy site or proxy business server, bulk e-mailing, unsolicited e-mailings, newsgroup spamming, pornographic content, illegal content, copyright infringement or trademark infringement, warez, cracks, and/or anything else determined by WebstudioBoston.com to be unacceptable use of WebstudioBoston.com’s services including abuse of server resources.

Accounts may be terminated that include the following content or which have links to the following content:

Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18 years of age; acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices including serial or registration numbers for software programs, or any type of cracker utilities.
Safelists, safelist mail boxes, any outgoing or incoming e-mail sites and or services, hit exchanges, banner exchanges, safelist submitters and/or safelist submission services including any type of ad or list blaster, FFAs of any type, hacking, cracking, warez, ANY FORM of ISP or ISP service and IRC/BNC are not allowed.

Software downloads may only be hosted if you are the writer and copyright owner of the software, or a certified reseller. Audio and video downloads may only be hosted if you are the creator and/or copyright owner of the work, or a certified reseller.

FREEWARE is considered acceptable.

To maintain the integrity of our service the following limitations apply:

Any website using more than 25% of system resources for longer than 180 seconds will be asked to revise their website immediately and/or remove any content, downloads, images, software, scripts, video or anything causing overusage of our resources.

WebstudioBoston.com will be the sole arbiter as to what constitutes a violation of the above provision.

Unsolicited advertisements or links are not allowed in any sent e-mails and will likely result in account suspension or cancellation. Unsolicited advertisements or links are unwelcome in every Usenet discussion group and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter to ascertain 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. Sending a message, especially an advertisement or link, 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. Upon your first spam offense your account will likely be disabled for up to 72 hours. Upon your second spam offense your domain may be terminated without refund, and you may be fined up to $250.00 per sent spam.

Please note that if you are reported for spam it is our option to waive all of the above guidelines and cancel your account immediately without notice or refund. Spam is a very serious issue and we address it as such.

If you do not spam, then you have no worries.

Every account comes with permission to install/upload your choice of scripts. You are free to use any script you wish*, however we reserve the right to disable any script that effects normal operation of the server, without prior warning or notice thereof.
*(Any banned script is of course not allowed and listed on this page.)
If you are unsure if a script is allowed or not please contact us.

We do not allow clients to send more than 2,000 total e-mails per day. If you are sending legitimate e-mails and they total more than 2,000 per day we can make modifications for these e-mails.
Please contact us for more information.

Your personal hosting account should not be used as a “mass mail junk box.” This does not mean you cannot use it for a couple of mailing lists, but do not overburden the servers by using e-mail accounts for all your safelist, FFA or other various incoming bulk mail. (Yahoo groups are entirely banned and not allowed at all.)

There are special services on the Internet just for safelist and/or junkmail; please use those services for your mail if this is one of your intentions for your hosting account usage.

It is not fair to the other web sites on the server to be consistently burdened by massive amounts of e-mail slowing the queue. We want all our clients to be happy with the speed and reliability of our services and e-mail servers. Mild and or moderate usage regarding this matter is permitted.

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.

IRC

We do not allow any form of IRC or IRC bots to be operated on our servers.

All accounts are set up on either a month-to-month or yearly basis. All pricing is guaranteed for life as long as you maintain your current subscription without default or cancellation. Any account not current or without an active subscription is subject to suspension.

All of WebstudioBoston.com’s web hosting plans are backed by a 30-day money-back guarantee. If you are not completely satisfied with our services, support or features within the first 60 days of service please cancel immediately.

Refunds are not available after the 30th day.

To receive your guaranteed refund please cancel your subscription and then notify us using our online form at: WebstudioBoston.com/contact/

Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to your credit card via PayPal, FreshBooks.com, Authorize.net account, or by company check if payment was sent by money order or personal check, within 24 hours of your cancellation notice.

The hosting client or active subscriber is obligated to terminate his subscription with us. WebstudioBoston.com will not cancel your subscription for you.

PLEASE NOTE

We reserve the right to decline a refund of any amount when an account is suspended or terminated because of Terms of Use violations.

WebstudioBoston.com reserves the right to refuse or cancel service to anyone. Customers may only use WebstudioBoston.com servers for lawful purpose. 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. The designation of any materials described above is left entirely to the discretion of WebstudioBoston.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Watertown, Massachusetts and any dispute will be litigated or arbitrated in Watertown, Massachusetts. The parties waive any objection based on inconvenient forum in the context any manner of dispute resolution commenced within the County of Middlesex County, in the U.S. state of Massachusetts.

Customer agrees that it shall defend, indemnify, save and hold WebstudioBoston.com harmless from any and all demands, liabilities, losses, costs and/or claims, including reasonable attorney’s fees asserted against WebstudioBoston.com, 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 products sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebstudioBoston.com against liabilities arising out of:
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with WebstudioBoston.com’s server;
(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 WebstudioBoston.com’s server.

Webstudio Boston maintains weekly and monthly backups of all accounts hosted on our servers, and we will restore a backup of your site if requested or needed. However, WebstudioBoston.com is not solely responsible for the restoration of your data to our server/servers/network.

While we strive to prepare for any emergencies regarding Security, backups and data storage, you, as the owner of your account, should also maintain at the least monthly updates of your backups.

We strongly recommend that you keep copy/copies of your web site and data on your Local Hard drives for emergency purposes such as if a hardware failure and/or data loss occurs. You (the client) are responsible for data restoration in the event our data or restoration files are either corrupt or unusable.

IMPORTANT NOTE: WebstudioBoston.com will not give any end user or client backups of their site if your web site is suspended for any reason.

Webstudio Boston shall not be liable for loss of data under any circumstance.

Monday through Sunday 11:00 pm to 3:00 am
(Eastern Time – Boston MA)