These Terms of Service (the "Published Document") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Published Document "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Battery Studios. This Published Document explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Battery Studios (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Published Document.
1. Term of Published Document; Modification
You agree that Battery Studios may modify this Published Document and the Services it offers to You from time to time. You agree to be bound by any changes Battery Studios may reasonably make to this Published Document when such changes are made. If You have purchased Services from Battery Studios, the terms and conditions of this Published Document shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Published Document or change in services, you agree to abide by and be bound by any such revisions or changes.
2. Accepted Use Policy
Battery Studios’ Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, Provincial or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to Battery Studios website, servers, your own hosting account or the account of any other customers of Battery Studios.
not to allow any remote code execution of malicious software through the hosting account provided by Battery Studios.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against Battery Studios servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use Battery Studios services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to Battery Studios or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Battery Studios reserves the right to refuse service to anyone upon Our discretion. Any material that in Battery Studios judgment, is either obscene or threatening is strictly prohibited and will be removed from Battery Studios servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. Battery Studios cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Battery Studios or any other third party.
At its discretion, Battery Studios reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Battery Studios further reserves the right to remove any content we determine to be prohibited by this Published Document. No backups will be kept of removed content.
3. Storage and Security
At all times, You shall bear full risk of loss and damage to all of Your server content. The required information for both SFTP access and SQL database access of Your account will be provided to You at any time upon your request. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Battery Studios servers; and (iv) ensure the confidentiality of Your password. Battery Studios services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Battery Studios shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Battery Studios shall have no liability to You or any other person for Your use of Battery Studios products and/or services in violation of these terms.
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Battery Studios or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Published Document. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Battery Studios and all right, title and interest in and to each such Derivative Work shall automatically vest in Battery Studios. Battery Studios shall have no obligation to grant You any right in any such Derivative Work.
5. Non-Exclusive Right To Use
If You have purchased and/or been given permission to use software from Battery Studios, Battery Studios grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Battery Studios reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Battery Studios. The source code and its organization are the exclusive property of Battery Studios and the software is protected by copyright law. Except as expressly provided for in this section, this Published Document does not grant You any rights in the software and all rights are reserved by Battery Studios.
Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
6. Third-Party Software
By using Battery Studios Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Battery Studios.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Battery Studios. Your use of any third party software is at Your own risk. Battery Studios does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Battery Studios will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Battery Studios reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
7. Third-Party Content
Battery Studios has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the Published Document. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Battery Studios immediately of the error. In no event shall Battery Studios be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
8. Billing and Payment
All fees for the Services shall be in accordance with Battery Studios 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein.
9. Termination & Cancellation Policy
The initial term of service with Battery Studios shall be as set forth in Your service invoice. The Initial Term shall begin upon commencement of the Services in the service. After the Initial Term, your services with Battery Studios shall automatically renew for successive terms of equal length as the Initial Term.
This Published Document may be terminated: (i) by You by submitting an email to firstname.lastname@example.org at least thirty (30) working days before the account is due to renew; or (ii) by Battery Studios at any time, without prior notice, if, in Battery Studios 's judgment, You are in violation of any terms or conditions herein; or (iii) in Battery Studios 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Battery Studios or could disrupt Battery Studios 's business operations; or (iv) by Battery Studios if it so determines that You are or are alleged to be violating the terms and conditions of any other Published Document entered into by You and Battery Studios.
In the event of termination or suspension of Services under the above circumstances, You agree that no pre-paid fees will be refunded to You.
In the event of termination of this Published Document caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Battery Studios incurs in closing your account. You agree to pay any and all costs incurred by Battery Studios in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Battery Studios may delete all information related to you on the Services.
10. Customer Support
Battery Studios provides customer support to You for issues related to Battery Studios service only. Battery Studios has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
You must provide Battery Studios with all information and access to facilities that Battery Studios may reasonably require to provide the requested customer support.
You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Battery Studios. The required information for both SFTP access and SQL database access of Your account will be provided to You at any time upon your request. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data.
11. Legal Purposes
The web hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Battery Studios is to provide space to serve web documents, not as an off-site storage area for electronic files. Battery Studios reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, in the sole and absolute opinion of Battery Studios. You agree that Battery Studios shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Published Document.
12. Account Use
You agree to follow generally accepted rules of "Netiquette" when publishing content using Your account. You are responsible for security of Your password. Battery Studios will not change passwords to any account without proof of identification, which is satisfactory to Battery Studios, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Battery Studios will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Battery Studios be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Battery Studios from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Battery Studios you should take all due precautions to provide any sensitive information over a secure communication channel.
13. Limitation of Liability; Waiver and Release
The Services offered by Battery Studios are being provided on an "AS IS" and Battery Studios expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Battery Studios expressly does not warrant that the Battery Studios Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Battery Studios shall create any warranty not expressly made herein. You agree that Battery Studios will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Published Document; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Battery Studios; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
In no event shall Battery Studios be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Battery Studios is aware of or has been advised of the possibility of such damages.
No waiver of any provision of this Published Document shall be effective unless it is in writing and signed by an authorized representative of Battery Studios.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Battery Studios and all affiliates of Battery Studios, and all officers, agents, employees, and representatives of Battery Studios, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Battery Studios products and/or services by Battery Studios and its agents and employees. Further, You agree to defend, indemnify and hold harmless Battery Studios and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Published Document, or any other Published Document that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Battery Studios, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Battery Studios Hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Battery Studios be notified of a pending law suit, or receive notice of the filing of a law suit, Battery Studios may seek a written confirmation from You concerning Your obligation to defend, indemnify Battery Studios. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this Published Document. You agree that Battery Studios shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Battery Studios of any such claim promptly in writing and to allow Battery Studios to control the proceedings. You agree to cooperate fully with Battery Studios during such proceedings. The terms of this section will survive any termination or cancellation of this Published Document.
15. Trademark or Copyright Claims
Battery Studios is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Battery Studios receives a proper notice of infringement of copyright, trademark or other intellectual property, Battery Studios reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Battery Studios believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
Battery Studios expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Battery Studios also reserve the right to terminate an account or subscriber for even one instance of infringement.
Proper notice of infringement shall include the following information in writing to Battery Studios’ designated agent:
the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
identification of the work that has been infringed;
an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Battery Studios to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Battery Studios to locate that reference or link;
Your name, address, telephone number, and email address;
Notice of infringement must be sent by registered mail to Battery Studios – Box 267, Crawford Bay, BC Canada V0B 1E0.
16. Additional Reservation of Rights
Battery Studios expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Battery Studios in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Battery Studios in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, provincial, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Battery Studios.
In the event that Battery Studios need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Published Document, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
17. Governing Law and Jurisdiction for Disputes
Your rights and obligations and all actions contemplated by this Published Document shall be governed by the laws of Canada and the Province of British Columbia. You agree that any action to enforce this Published Document or any matter relating to Your use of the Services must be brought exclusively in the British Columbia Provincial Court.
18. Legal Age
You attest that you are of legal age (19 or over) to enter into this Published Document.
19. Final Published Document
This Published Document, together with all modifications, constitutes the complete and exclusive Published Document between You and Us, and supersede and govern all prior proposals, Published Documents, or other communications. This Published Document may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By using the Services under this Published Document, you acknowledge that you have read and agree to be bound by all terms and conditions of this Published Document and documents incorporated by reference.
20. No Agency Relationship
Nothing contained in this Published Document shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Published Document shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Published Document unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.