TERMS OF WEBSITE USE

You may use the any services, the site, and the information, writings, images, or multimedia and/or other works, hereafter referred to as the Content that you see, hear or otherwise experience on the Electra-Sketch Studios website solely for your non-commercial, personal purposes and/or to gather information about Electra-Sketch Studios products and services. No rights to the Content are inferred or given to you by visiting this site and experiencing the Content, whether as a result of downloading such Content or otherwise reviewing the material contined within the confines of the website.. Electra-Sketch Studios reserves all rights to the intellectual property for all Content contained within our site. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by Electra-Sketch Studios in a written agreement by an authorized representative of Electra-Sketch Studios.

WEB HOSTING AGREEMENT

Terms of Service

Electra-Sketch Studios is dedicated to providing quality hosting services. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Electra-Sketch Studios will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact supp...@electrasketch.com

Illegal Usage

Electra-Sketch Studios servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Electra-Sketch Studios service agrees to indemnify and hold harmless Electra-Sketch Studios from any claims resulting from the use of the service that damages the subscriber or any other party.

Electra-Sketch Studios will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to special system and network requirements of adult oriented sites and sex-related merchandising are reviewed on an individual case basis. Pornographic multimedia sites are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. We will not currently host sites that are considered obscene in the opinion of Electra-Sketch Studios. All decisions regarding what is considered obscene is at the discretion of Electra-Sketch Studios.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Electra-Sketch Studios shall be the sole arbiter of what is considered to be a high server usage level.

CGI | PHP | ASP Scripts

Cgi script sharing with domains not hosted by electra-sketch.com is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Backups

Electra-Sketch Studios performs daily incremental backups on all servers to ensure critical files are never lost. However Electra-Sketch Studios is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Backing up email and web site files are the hosting customer's responsibility. Electra-Sketch Studios will not be held liable for any loss incurred by the hosting customer as a result of a server malfunction, software or hardware failure.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside illegal access or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Electra-Sketch Studios' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, the ability to use FTP for uploading Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: require a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Electra-Sketch Studios to provide this knowledge or support outside matter specific to Electra-Sketch Studios' servers.

Spam Email

Spamming, or the sending of mass unsolicited email, from or through a Electra-Sketch Studios server or using an email address that is maintained on a Electra-Sketch Studios machine is STRICTLY prohibited. Electra-Sketch Studios will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Electra-Sketch Studios server as a maildrop for responses, you are in violation. Violators will be assessed a minimum $200.00 fine for a first time violation and will face an immediate suspension until such fees have been rendered.

Server Abuse

Any attempts to undermine or cause harm to a Electra-Sketch Studios server or a customer of Electra-Sketch Studios is strictly prohibited.

Any sub-networks of Electra-Sketch Studios and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

Electra-Sketch Studios Web Hosting/Reseller accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact supp...@electrasketch.com for special arrangement.

Actions Taken by Electra-Sketch Studios

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Electra-Sketch Studios will be the sole arbiter as to what constitutes a violation of this agreement. Electra-Sketch Studios reserves the right to remove any account without prior notice.

When Electra-Sketch Studios becomes aware of an alleged violation of these terms and conditions, Electra-Sketch Studios will initiate an investigation. During the investigation, Electra-Sketch Studios may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Electra-Sketch Studios may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Electra-Sketch Studios will notify the appropriate law enforcement authorities of such violation.

Electra-Sketch Studios does not issue credits for outages incurred through service disablement resulting from terms of service violations.

Electra-Sketch Studios customers agree to indemnify and hold harmless Electra-Sketch Studios from any claims resulting from the use of our services that damages them or any other party. The Electra-Sketch Studios service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Electra-Sketch Studios expressly disclaims any representation or warranty that the Electra-Sketch Studios service will be error-free, secure or uninterrupted. No oral advice or written information given by Electra-Sketch Studios, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Electra-Sketch Studios and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

Electra-Sketch Studios reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.