Terms Of Service

Level 6 Studios Web Hosting, hereafter referred to as Level 6 Studios or L6S, provides Internet web page hosting, marketing and development. Further, where used in this document, AUCTP shall refer to this, the Acceptable Use, Conditions and Terms Policy. Level 6 Studios has certain legal and ethical responsibilities consistent with the use of its server and equipment involved in these services.

Level 6 Studios's general policy is to act as a provider of internet presence. L6S has specific ethical concerns regarding the use of its computers, as detailed below. Level 6 Studios reserves the right to suspend or cancel a customer's access to any or all services provided by Level 6 Studios when we decide that the account has been inappropriately used.

It is further understood that any customer who violates Level 6 Studios's policies will not necessarily be notified, in rare cases, Level 6 Studios will temporarily deactivate and/or turn off hosting accounts without prior notification and/or reason. If no action takes place on customers part to reactivate the hosting account and stop abusive usage of service, the hosting account will be terminated permanently without refund.

Level 6 Studios will be the sole arbiter as to what constitutes a violation of this provision.


                         ***** Specific Acceptable and Prohibited Use Policies *****
Server Abuse

Any attempt to undermine or cause harm to a server or customer of Level 6 Studios is strictly prohibited. 

Unauthorized Use of Accounts or Computers

Level 6 Studios does not permit, nor will it allow any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Level 6 Studios customer, whether or not the attacked account or computer belongs to Level 6 Studios, 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.

Unacceptable Site Material

Any type of pornographic materials, hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited.

Utilization Limitations and/or Unlimited Storage

Level 6 Studios provides a large space to serve web documents and is not an offsite storage area for electronic files. All your downloadable files or files stored on the server must be available for download via a HTML or other industry recognized web page document stored on the Level 6 Studios servers in a publicly or privately accessible area. This policy ONLY applies to web sites that are considered to be abusing services - HTTP and disk space utilization in particular. It is NOT applicable to photo galleries, even if several hundred megabytes of web space are in use. PHOTO galleries and/or any kind of presentation web sites are more than welcome to host on Level 6 Studios and are only bound to the above utilization policy. Web sites that are found to contain either no HTML documents and/or a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Level 6 Studios management. If the amount of web space used is in no relation to the amount of images hosted (example: your web space usage is 4,000 megabytes, but your images and HTML pages only amount to 50 megabytes), then Level 6 Studios MAY remove files that cause a HDD fill-up issue at its own discretion.

E-mail/Spamming

Unsolicited commercial advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and will result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for 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 a breach of this policy.

Sending a message, especially an advertisement, 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. Opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option are permitted. Proof must be made that recipient has opted-in to receive advertisements and/or newsletters in case of complaint.

Background Running Programs

We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases Level 6 Studios prefers not to impose any extra charges on the customers.

IRC

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

Payment Policies

The account is charged a setup fee based on the Plan selected at time of sign-up.

Level 6 Studios reserves the right to change its pricing structure at any time for *new* customers only. Existing customers have, as soon as an order is placed, a price-lock on their account and an assurance to ALWAYS receive the same or lower price than they originally signed-up for, provided account balance is kept current and customer renews account concurrently. Price-lock only applies to existing services; new services offered may incur a charge. Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.

Payment Methods

For your convenience Level 6 Studios utilizes Paypal for payment processing. We also accept personal and business checks (there is an additional fee of $5.00 US for check processing). If payment is made by check please allow 1 weeks for processing.

All payments must be in U.S. currency.

Cancellation

Level 6 Studios reserves the right to cancel service at any time due to policy violations. If Level 6 Studios institutes its right of cancellation, no pro-rated fees will be refunded or credited due to these policies having been violated. Each customer is expected to use his/her account for the purpose of maintaining a web site only, with responsibility and respect toward other Level 6 Studios and Internet users. Common sense is the best guide as to what is right and wrong, and it is the same guide we will use when analyzing an event of bad behavior. Level 6 Studios reserves the right to deny business to any customer, if the customer is being rude to a member of our staff, attempting to re-open an account after the user's account has been previously cancelled due to a policy violation, constantly creating problems on a server, constantly having billing problems (credit card denied way too often, checks bouncing, etc.), expecting or demanding in a rude fashion more than what our service provides or what we can do. Always be polite. If customer is not polite, Level 6 Studios reserves the right to no longer provide customer with web hosting service. If Level 6 Studios decides to stop providing customer service due to any of these reasons, the account will be terminated immediately with no refund applied. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastative behavior, hacking, phreaking, phroning, etc.).

Customers can cancel service any time once the terms of the AUCTP is met. To receive a refund or cancel your account we require the credit card number used to open your account, if applicable. To cancel an account please click on the following link and fill out our Cancellation Form. We require that you submit a reason for cancellation. Reason(s) for cancellation are mandatory in order to receive a refund. Level 6 Studios provides the following limited conditional money-back guarantee, all accounts are given a limited 30 day money back guarantee. Examples of insufficient reasons for refunds are, but are not limited to: (1) Client is not technically fluent enough to maintain a web hosting account. Level 6 Studios is not responsible to technically educate customers. (2) Client decides web hosting services was ordered too early.

A valid reason for refund would be, but need not necessarily be (clarification: even if it is a proven technical reason, it does not necessarily provide a valid reason for refund): (1) A proven technical reason of a technical problem and/or issue that Level 6 Studios was either not willing to solve or cannot solve at this time due to technical, logistical or administrative reasons.

If a request for refund is submitted, client MUST give Level 6 Studios a 48 hour grace period to fix technical issues that may be the basis for refund request. If then, after that time, technical problem is not solved, a 30-day money back refund is granted under the following criteria: If client is within his 30-day money back guarantee period, Level 6 Studios will credit 100% of the pre-paid money minus the following; initial support, service charges and setup fees. If client has exceeded 30-day money back guarantee period, a refund will not be applied in any case and due to any reason. Refunds will be honored within three weeks and be credited back using the same method in which payment was made. It is the client's responsibility to supply a valid credit card number at time of refund request, one which was used to open the account. Please note that refunds for money wires and/or check orders may take 2 weeks to process.

Chargeback and Dispute Policy

Level 6 Studios does not allow customer initiated credit card chargebacks to occur on our merchant accounts with VISA/MC International, American Express Bank Ltd., PayPal, and Discover Card services. It is not recommended to initiate a chargeback since customer agreed to the AUCTP at sign-up (this document) and refunds are honored as outlined in this document (AUCTP) and Level 6 Studios will use this document to prevent a chargeback and/or dispute. If customer supplies a valid reason for refund, Level 6 Studios will gladly apply a refund ONLY if requirements as specified above are met. Any dispute/chargeback attempts will immediately result in suspension of web hosting account.

Lawful Purpose

Level 6 Studios reserves the right to refuse service to anyone. Customers may only use Level 6 Studios servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, intellectual material, threatening or obscene material, and material protected by trade secrets. Level 6 Studios expressly forbids anyone from using Level 6 Studios servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way; lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Level 6 Studios management and includes Domain Names.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Level 6 Studios, its agents, its employees, and management harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Level 6 Studios, its agents, its customers, its management and its employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by its agents, its customers, its management, its employees or assigns. Customer agrees to defend, indemnify and hold harmless Level 6 Studios, its agents, its customers, its management, its employees or assigns against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Level 6 Studios servers; (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 Level 6 Studios server.

No Waiver

No modification or waiver of any provision of this Agreement/Contract, any exhibit or schedule hereto, or any related document, agreement or instrument, and no consent by a party to any departure there from by the other party shall be effective unless such modification or waiver shall be in writing and signed by a duly authorized officer or agent of Level 6 Studios. No act, failure or delay by a party shall constitute a waiver of any of its rights or remedies. No single or partial waiver by Level 6 Studios to any provisions of this Agreement/Contract shall operate as a waiver of any other provision, breach, default, right or remedy. No waiver by a party shall affect its rights to require strict performance of this Agreement/Contract.

Severability

If any portion of this Agreement/Contract shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Agreement/Contract (including, without limitation, each portion of this Agreement/Contract containing any provision held to be invalid, void or otherwise unenforceable, which is not itself invalid, void or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void or unenforceable.

Attorney's Fees

If any action at law or in equity is brought to enforce or interpret the terms of this Agreement/Contract, the prevailing party shall be entitled to reasonable attorneys' fees (including paralegal and other paraprofessional fees), costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Multiple Counterparts

This Agreement/Contract may be executed in any number of counterparts each of which shall be deemed an original, but all of which shall be deemed one and the same instrument. Electronic and/or facsimile transmission copies of this Contract shall for all purposes be deemed originals.

Interpretation

Every covenant, term, and provision of this Agreement/Contract shall be construed according to its fair meaning and not strictly for or against any party, regardless of which party drafted this Agreement/Contract.

Headings 

Any captions or headings preceding the several paragraphs hereof are inserted solely for convenience and for reference and shall not constitute a part of this Agreement/Contract, nor shall they affect its meaning, construction, or effect.

Pronouns

Where appropriate herein, the references to the masculine gender shall include the feminine and neuter, the singular shall include the plural and the plural the singular, in each case as the context may require.

Governing Law

This Agreement/Contract, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be exclusively governed by and construed in accordance with the laws of the State of Louisiana (without regard to any Louisiana law which would require the application of the law of any other state or jurisdiction). Venue for any dispute under this Agreement shall exclusively be in the state courts of competent jurisdiction sitting in Lake Charles, Louisiana.

Binding Effect

The validity or unenforceability of any provision of this Agreement/Contract shall not affect the validity or enforceability of any remaining provisions.

Entire Agreement

This Agreement/Contract is the entire understanding of the parties and shall not be changed orally; however, this Agreement/Contract may be modified, amended, or terminated by Level 6 Studios. All customers and customers renewing accounts with Level 6 Studios will be bound by the AUCTP in effect at the time of purchasing service from Level 6 Studios. This AUCTP shall constitute the entire Agreement/Contract between the parties hereto with respect to the purchase of any service provided by Level 6 Studios, and shall supercede all prior Agreements/Contracts, understandings, warranties, representations and negotiations of any party herein, whether written or oral, concerning the subject matter hereof. By purchasing and the use of Level 6 Studios's web hosting services, you agree to the terms and conditions set forth in this Agreement/Contract (AUCTP) and agree that said purchase and use constitutes a binding contract on all parties.

Disclaimer

Level 6 Studios will not be responsible for any damages your business may suffer as a result of doing business with Level 6 Studios. Level 6 Studios makes no warranties of any kind, expressed or implied for services we provide. Level 6 Studios disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Level 6 Studios and its employees. Level 6 Studios reserves the right to revise any and all policies in this Agreement/Contract (AUCTP) at any time without prior notification.

All resellers, clients, customers and customers of resellers of Level 6 Studios must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.