The following terms of service govern the provision by Animika Studios of the services and products (hereinafter referred to as "Services and Products") provided to the customer (hereinafter referred to as "Customer"). By placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Animika Studios, Customer agrees to be bound by the terms outlined. No modifications of said contract by Customer are allowed. Questions or comments regarding this document should be forwarded to Animika Studios.

If Customer violates these Terms of Service, Animika Studios reserves the right to suspend account or terminate Services and Products without notice. Animika Studios may advise Customer of inappropriate behaviour and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

 

1. Customer Responsibility
   1. Customer is solely responsible for the content stored on and served by Animika Studios.
   2. Customer must provide Animika Studios with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
   3. Customer is responsible for any misuse of Customer`s account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer`s account.
   4. Customer may not use Customer`s account to breach security of another account or attempt to gain unauthorized access to another network or server.
2. Payments and Fees
   1. Establishment of Services and Products is contingent upon receipt of payment from Customer to Animika Studios. Subsequent payments are due on the anniversary date of the month for that month service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
   2. Payment is due on the defined monthly recurring billing date of each month. Services and Products will be interrupted on accounts that reach 7 days past due. Services and Products interrupted for non-payment is subject to a INR 1000.00 reconnect charge. Accounts not paid by due date are subject to a INR 500 late fee.
   3. Animika Studios may temporarily deny Services and Products or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees.
3. Acceptable Uses of Services and Products
   1. General Abuse

   Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. Animika Studios reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

   Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

   Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

   2. CPU/Memory Resource Policy

   Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 20% of the CPU power/usage at any given time. Maximum database size allowed is 200MB. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a premium hosting or dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly Animika Studios reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. Animika Studios will remain the sole arbiter as to what constitutes a violation of this policy.

   3. System and Network Abuse

   4. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

      Introduction of malicious programs into our network or servers (e.g., viruses and worms).

      Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. Disruption includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

      Executing any form of network monitoring which will intercept data not intended for Customer`s server.

      Circumventing user authentication or security of any host, network or account.

      Interfering with or denying service to any user other than Customer`s host (for example, denial of service attack).

      Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user`s terminal session, via any means, locally or via the Internet.

       

      Creating an "active" full time connection by using artificial means involving software, programming or any other method.

      Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of Animika Studios, including but not limited to altering, removing or in any way modifying or tampering with Animika Studios created log files.

      Any action which Animika Studios determines, in its own judgment, will reflect poorly on Animika Studios or negatively impact its operations.

      Any action which Animika Studios deems to be an unacceptable use of resources, business practice or otherwise unacceptable to Animika Studios.

   5. SPAM and Unsolicited Commercial Email (UCE) Policy:

   Animika Studios takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use our network to transact in UCE.

   Violations of this policy carry severe penalties, including termination of service. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, Animika Studios will initiate an immediate investigation (within 24 hours of notification). During the investigation, Animika Studios may restrict Customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, Animika Studios may, at its sole discretion, restrict, suspend or terminate Customer`s account. Further, Animika Studios reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Animika Studios will notify law enforcement officials if the violation is believed to be a criminal offense.

   First violations of this policy will result in an "Administrative Fee" of INR 5000 and Customer`s account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of INR 20000 and immediate termination of Customer`s account. PLEASE, DO NOT SPAM.

   6. Scripts, Background Running Programs and Cron Jobs

   Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Animika Studios does not permit scripts & programs sharing with domains not hosted our network or any scripts & programs that may be abused for UCE purposes. The following scripts are banned because they are either resource hogs or harmful:

   IRC, Game or Chat software
   UltimateBBS (all versions)
   Ikonboard (all CGI versions)
   IRC Egg Drops
   Proxy Scripts
   The Anonymizer
   Any soap mailers
   Auto email capturing script
   SafeLists
   Shell Alternatives

   7. Backups

   All hosting accounts at Animika Studios include a nightly backup service; however these backups are for administrative purposes only, and are in NO WAY GUARANTEED! Customer is responsible for maintaining their own backups on their own personal computers. Animika Studios does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Customer may only use Services and Products in a manner that, in the sole judgment of Animika Studios, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact Animika Studios.

4. Account Termination
   1. Animika Studios reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrator that Customer`s account is the source or target of the violation of any of the other terms of the TOS or for any other reason which Animika Studios chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer`s machines were suspended.
   2. Customer may terminate an account with Animika Studios, given that the following provisions are meeting:

   Account is in good standing, all payments have been made.
   Account does not host content which is not allowed on Animika Studios servers.
   Account has no pending warnings / complaints.

5. Indemnification:

Animika Studios wishes to emphasize that in agreeing to the Terms of Service, Customer indemnifies Animika Studios for any violation of the Terms of Service that results in loss to Animika Studios or the bringing of any claim against Animika Studios by any third-party. This means that if Animika Studios is sued because of a Customer`s or a customer of a Customer`s activity, Customer will pay any damages awarded against Animika Studios, plus all costs and attorney`s fees.

6. Miscellaneous Provisions:

A waiver by Animika Studios of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of Animika Studios. Animika Studios may assign Agreement at any time without consent from or notice to Customer. Animika Studios reserves right to cancel Customer rights under this contract at any time without further obligation.

Animika Studios takes no responsibility for any material input by others and not posted to Animika Studios Network by Animika Studios. Animika Studios is not responsible for the content of any other websites linked to Animika Studios; links are provided as Internet navigation tools only. Animika Studios disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party`s violation of this policy.

 

Animika Studios is not responsible for any damages your business may suffer. Animika Studios does not make implied or written warranties for any of its services. Animika Studios denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Animika Studios.

7. Revisions to the Terms of Service

Animika Studios reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by Animika Studios and published here.