Hosting Terms

Cicada Studio will monitor the customer's disk usage and if it exceeds the usage agreed upon, Cicada Studio shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.

Cicada Studio does not renew accounts automatically. For the customer's convenience, Cicada Studio will send a renewal reminder to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for making payment to renew the hosting account through one of the options given by Cicada Studio. Customers are not allowed to open a second hosting account for a domain that is already hosted through Cicada Studio. If the customer wants to continue hosting the specified domain with Cicada Studio, he/she needs to renew the account using one of the renewal options given by Cicada Studio.

In case of ownership dispute, Cicada Studio reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which Cicada Studio will decide who is the rightful owner of the disputed hosting account or domain name:

 

 

By default, Cicada Studio will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card, Cheques or Pay Pal, the holder of the respective credit card, chequing or Pay Pal account will be considered the owner. Cicada Studio reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.

 

If the identity of the person owning the credit card, chequing or Pay Pal account as discussed above cannot be confirmed, Cicada Studio will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.

 

In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, Cicada Studio may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that Cicada Studio will undertake about this issue.

 

Cicada Studio will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service. If the contact e-mail address is outdated or incorrect, the customer should contact Cicada Studio, who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.

Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic over usage, Cicada Studio reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case Cicada Studio takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.

Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.

Programs running in the background are not allowed.

To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to: Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.

 

CPU usage limitations: Scripts that take too much real CPU time will be terminated.

 

Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.

We do not allow running of proxy software on our servers.

Violation of indecency and obscenity laws can result in criminal penalties.

Materials, accessible to the customer through Cicada Studio's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Cicada Studio's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Cicada Studio's network. If the customer uses a domain name in connection with Cicada Studio's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.

Customers may not use Cicada Studio's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Cicada Studio will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

The customer may not host material that is: threatening or obscene; offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups; harmful to minors; likely to cause damage to reputation of third parties. Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

The customer may not use Cicada Studio's network, Cicada Studio's equipment or Cicada Studio's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Cicada Studio's network, Cicada Studio's equipment or Cicada Studio's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.

In case sufficient evidence is presented about any violation of this provision, Cicada Studio reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, Cicada Studio will use various techniques, including but not limited to: closely inspecting all spam reports sent to Cicada Studio's anti-abuse department, searching the logs of Cicada Studio's mail servers, and scanning the server space for popular "spamming" applications. Cicada Studio will be the sole arbiter as to what would be considered sufficient evidence.

Any attempt to undermine, slander, libel, threaten or cause harm to Cicada Studio's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

Customer agrees to indemnify, defend and hold harmless, Cicada Studio, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

Cicada Studio, at its sole discretion, may change these terms and conditions at any time. By using Cicada Studio's services the user agrees that Cicada Studio may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Cicada Studio's web site, or on notification to the customer by e-mail. The customer agrees to review Cicada Studio's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Cicada Studio by e-mail. Notice of the customer's termination will be effective on receipt and processing by Cicada Studio. The customer agrees that, by continuing to use Cicada Studio's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

 

The content available through this site is the sole property of Cicada Studio and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Cicada Studio-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Cicada Studio's express prior written consent.

Cicada Studio reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Cicada Studio reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.

Cicada Studio reserves the right at its sole discretion to refuse or cancel service. Violation of any of Cicada Studio's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

THE CUSTOMER AGREES THAT CICADA STUDIO SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF CICADA STUDIO'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO CICADA STUDIO'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY CICADA STUDIO; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND CICADA STUDIO'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. CICADA STUDIO ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CICADA STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CICADA STUDIO'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00).