Terms And Condition
Users and customers of Services provided by Studio Binary must accept the terms and conditions of business set out below. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Studio Binary, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Studio Binary is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG, Nominet in the case of domain names ending with .UK and PKNIC in case of domain names ending with .PK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith. If you are a and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Backup and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Studio Binary is not responsible for files and/or 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 Studio Binary servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Studio Binary.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Studiobinary.com, and the right to increase the amount of resources given to plans at any time.
Mail policy and limits
Studio Binary reserves the right to suspend or cancel a customer's access to any or all services provided by Studio Binary when Studio Binary decides that the account has been inappropriately used or otherwise.
Studio Binary reserves the right to refuse service and /or access to its servers to anyone. Studio Binary does not allow hosting contents or links promoting any religious extremism. Following contents are also not allowed to host.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Studio Binary.
Warez - Includes pirated software, ROMS, emulators, 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.
Studio Binary has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of "spam" related activity. We defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. We defines spam as any type of unsolicited email used for any purpose. This includes, but is not limited to:
* Using a non-existent return email address when sending commercial solicitations.
* Mail-bombing (sending numerous messages to the same user).
* Subscribing someone else to a mailing list without that person's permission.
* Posting the same article to multiple newsgroups.
* Using another network to send spam that relates in any way to www.studiobinary.com or
any site hosted by www.studiobinary.com (including your site).
If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization.
Studio Binary may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available Studio Binary reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Customer agrees that it shall defend, indemnify, save and hold Studio Binary harmless from all liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Studio Binary, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Studio Binary against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Studio Binary' server;
(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 Studio Binary' server.
All Web Hosting plans include 30 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of hosting service only.
Any request for cancellation must be received via the web form, E-mail and you will receive a confirmation upon the cancellation of your account. No refunds are available after 30 days.
In case of Free domain Registratiion, All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your hosting account. Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Studio Binary through other companies. Credit on your account cannot be refunded and must be used for purchases and renewals.Dedicated servers are except from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable. Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee. Any funds sent to Studio Binary which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
Studio Binary will not be responsible for any damages your business may suffer. Studio Binary makes no warranties of any kind, expressed or implied for services we provide. Studio Binary disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Studio Binary and its employees. We strongly recommend all of our customers to do their own backups of website files, database & emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Studio Binary reserves the right to revise its policies at any time.
Mail policy and limits
There is a 100 hourly outgoing email limit per domain on all shared servers. This means each addon/subdomain gets its own separate 500 outgoing emails per hour limit. This limit is also applied towards mailing lists. If you send over this amount in any hour, the e-mails will fail and may bounce back with a undeliverable error.
Shared servers limit each connecting IP to 30 POP checks per hour. If you go over this, you will likely get a password error indicating your login is incorrect. To fix this, just wait an hour and it will automatically unlock. To prevent this from happening, disable automatic send/receive or set a higher time interval, such as checking once every 10 minutes.
Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.
Any mailing list larger than 5,000 addresses will require a dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed. You cannot send 12,000 emails per day (500 x 24 hours) on a shared account.
Studio Binary will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Studio Binary may provide aggregate data on Subscribers to third parties in the operation of Studio Binary business. For resellers, Studio Binary will not attempt to contact any of your clients directly or without prior written permission for business purposes or to lure them into direct engagement.