Terms of Service
for Use of Above the Circle Internet Servers
Last updated: January 1, 2015
Above the Circle Digital Design & Web Hosting (referred hereinafter as ‘Above the Circle Digital Design & Web Hosting’, ‘our’, ‘we’ and ‘us’) is a web design and Internet hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to Above the Circle Digital Design & Web Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including and without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Restrict or inhibit any other user from using and enjoying the Internet.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. Above the Circle Digital Design & Web Hosting reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. Run any type of interactive real-time chat applications that require server resources. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any site with adult-oriented or gay/lesbian content, including but not limited to any pornographic material. Users are also required to abide by the following:
Databases are only to be used for Above the Circle Digital Design & Web Hosting-hosted web sites, and no outside access will be granted. Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.
Above the Circle Digital Design & Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Above the Circle Digital Design & Web Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless Above the Circle Digital Design & Web Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Above the Circle Digital Design & Web Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
Above the Circle Digital Design & Web Hosting reserves the right to refuse or discontinue service to anyone at Above the Circle Digital Design & Web Hosting’ sole discretion. Above the Circle Digital Design & Web Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Above the Circle Digital Design & Web Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Above the Circle Digital Design & Web Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Above the Circle Digital Design & Web Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Above the Circle Digital Design & Web Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Above the Circle Digital Design & Web Hosting also reserves the right to refuse refunds in cases where Above the Circle Digital Design & Web Hosting believes abuse has taken place.
5. No warranties
Above the Circle Digital Design & Web Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Above the Circle Digital Design & Web Hosting or its agents or employees shall create a warranty. Above the Circle Digital Design & Web Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Above the Circle Digital Design & Web Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Above the Circle Digital Design & Web Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Above the Circle Digital Design & Web Hosting’s servers that such information becomes available to all Internet users and that Above the Circle Digital Design & Web Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Above the Circle Digital Design & Web Hosting’s servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Above the Circle Digital Design & Web Hosting or on the Internet generally.
Your use of the service is at your sole risk. Above the Circle Digital Design & Web Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Above the Circle Digital Design & Web Hosting servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Above the Circle Digital Design & Web Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Above the Circle Digital Design & Web Hosting policy decisions.
Above the Circle Digital Design & Web Hosting reserves the right to monitor any and all communications through or with our facilities. You agree that Above the Circle Digital Design & Web Hosting is not considered a “secure communications medium”, and that no expectation of privacy is afforded.
Above the Circle Digital Design & Web Hosting does not normally support Front Page extensions on their servers. If you require Front Page extensions we can install them, but due to the highly unpredictable nature of Front Page extensions, we make no warranty or claim that they will perform as you hoped for, or even if they will work at all. We can provide no training or instruction in the use of Front Page extensions for uploading or any other use on your website.
6. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Above the Circle Digital Design & Web Hosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased for yourself and you are the individual solely responsible for all use of the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services received from Above the Circle Digital Design & Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Above the Circle Digital Design & Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Our normal practice is that Above the Circle Digital Design & Web Hosting reserves a primary domain name for the benefit of the client, and provides use of that domain name while the client is hosting his site with us We do not charge any additional fee for this domain name and as such retain ownership of said domain. At anytime during our association, the client, at his request, may take over ownership of the domain name and then becomes responsible for paying the yearly registration and other responsibilities associated with domain ownership. Should the client in fact take over ownership of the domain name, it does not reduce the cost of hosting.
If hosting payments are not received within 30 days of invoicing, then the hosting of said account will be considered delinquent. Delinquent accounts are subject to suspension. Suspension means the web site will be removed from the Internet and replaced with a “Suspended” page or simply left blank at Rainbow Flair’s discretion. In addition, all e-mail features will be suspended as well, and any e-mail sent to the domain name may be lost. After 30 days of suspension, all on line files of delinquent accounts may be deleted. Any domain names associated with delinquent accounts may, at Rainbow Flair’s discretion, be deleted from Rainbow Flair’s domain registration accounts and will eventually become available for re-registration by the general public, or may be sold by Rainbow Flair to another party to recover costs. Any monies received from such sale become the property of Rainbow Flair.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Above the Circle Digital Design & Web Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. These terms are governed by and under the jurisdiction of the state of California, USA.
By placing and continuing to maintain or place information on Above the Circle Digital Design & Web Hosting’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.