Lime-Studios Terms & Conditions & Acceptance Use Policy

IMPORTANT NOTICE: *All Payments To The Lime-Studios Are Non-Refundable*

The Lime-Studios. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Lime-Studios Service constitutes acceptance and agreement to Lime-Studios AUP as well as Lime-Studios TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Lime-Studios, 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 The Lime-Studios shall have the right to terminate all service set forth in this Agreement.

Refund and Disputes: All payments to The Lime-Studios are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or 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 The Lime-Studios sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay The Lime-Studios an "Administrative Fee" of not less than £50 and not more than £150.

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 company's 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.

Support Boundaries: Lime-Studios, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our centre.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Lime-Studios provides support related to your server or virtual site physical functioning. The Lime-Studios Network does not offer tech support for application specific issues such as cgi programming, html or any other such issue. The Lime-Studios Network does not provide technical support for YOUR customers. If you can email, we encourage you to email support@lime-studios.co.uk  for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.lime-studios.co.uk - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.

SPAM and Unsolicited Commercial Email (UCE): The Lime-Studios 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 The Lime-Studios may not use or permit others to use our network to transact in UCE. Customers of The Lime-Studios 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 Lime-Studios's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Lime-Studios will initiate an immediate investigation (within 48 hours of notification). During the investigation, Lime-Studios Network may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Lime-Studios may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Lime-Studios reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Lime-Studios will notify law enforcement officials if the violation is believed to be a criminal offence.

First violations of this policy will result in an "Administrative Fee" of £10 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £75 per hour that Lime-Studios personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Lime-Studios network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted, we will immediately terminate your account and send to collection an administrative fee of £200

Network

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 (the "Agreed Usage"). Lime-Studios will monitor Customer's bandwidth and disk usage. The Lime-Studios shall have the right to take corrective action if Customer's 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 Lime-Studios sole and absolute discretion. If Lime-Studios Network 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. In the event that a customer exceeds the included allocation, Lime-Studios may, at its sole discretion, collect a deposit, in an amount determined by Lime-Studios, against customer's credit card on file with Lime-Studios.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Lime-Studios Network. Violations of system or network security may result in civil or criminal liability. The Lime-Studios 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:

The Lime-Studios is under no duty to look at each customer's or user's activities to determine if a violation of the AU{ has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Lime-Studios 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 The Lime-Studios discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Lime-Studios 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 customer's 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: Lime-Studios reserves the right to suspend network access to any customer if in the judgment of the The Lime-Studios network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Lime-Studios 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 customer's machines were suspended.

The Lime-Studios reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of The Lime-Studios Network 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.

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

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.

Lime-Studios takes no responsibility for any material input by others and not posted to the Lime-Studios Network by The Lime-Studios, LLC. Lime-Studios is not responsible for the content of any other websites linked to the Lime-Studios Network; links are provided as Internet navigation tools only. Lime-Studios disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Lime-Studios is not responsible for any damages your business may suffer. Lime-Studios does not make implied or written warranties for any of our services. Lime-Studios 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 The Lime-Studios, LLC.

As of November 1, 2004. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as The Lime-Studios, LLC's customer, are solely responsible for the content stored on and served by your The Lime-Studios Network server.

Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds.

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ACCEPTABLE USE POLICY
AUP ( Acceptable Use Policy )

The Lime-Studios, LLC's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Lime-Studios expects of them while using the service. All users of The Lime-Studios, LLC's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Lime-Studios Service constitutes acceptance and agreement to The Lime-Studios, LLC's AUP as well as The Lime-Studios, LLC's TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To Lime-Studios Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Lime-Studios may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Lime-Studios account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of The Lime-Studios Network's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of The Lime-Studios, LLC's AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
Lime-Studios intends to provide its customers access to everything the Internet has to offer. While the Lime-Studios is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Lime-Studios and the Internet and cannot be permitted under the guise of free speech. The resources of the Lime-Studios and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which Lime-Studios determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Lime-Studios account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at enquiries@lime-studios.co.uk

VIOLATIONS OF Lime-Studios ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: The Lime-Studios, LLC's services may not be used for illegal purposes, or in support of illegal activities. Lime-Studios reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Lime-Studios service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Lime-Studios service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Lime-Studios service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Lime-Studios service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Lime-Studios service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Lime-Studios account.

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.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Lime-Studios, LLC account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Lime-Studios service is in violation of this AUP.

Usenet SPAMing: Lime-Studios has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Lime-Studios service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of The Lime-Studios, LLC's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Lime-Studios account is subject to immediate termination.

Copyright or trademark infringement: Use of the Lime-Studios service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Lime-Studios service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the Lime-Studios service for any activity which affects the ability of other people or systems to use Lime-Studios Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Lime-Studios will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Lime-Studios services could result in suspension service.

Third Party Accountability: Lime-Studios subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.