This Acceptable Use Policy (AUP) governs your use of Olengofer Studios's eCommerce design and web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Olengofer Studios regarding the interpretation of this AUP, Olengofer Studios' interpretation, in its reasonable commercial judgment, shall govern. Arbitration is an option, but it will be at your expense to engage a professional arbitrator.
The following is the entire Acceptable Use Policy agreement between Olengofer Studios and the personal or corporate account holder. Olengofer Studios provides World Wide Web Hosting, web design and server script installation. Olengofer Studios has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Olengofer Studios' general policy is to act as a provider of Internet presence. Olengofer Studios reserves the rights to suspend or cancel a customer's access to any or all services provided by Olengofer Studios when it is decided that the account has been inappropriately used.
What is Appropriate Usage?
Olengofer Studios is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Olengofer Studios operates its own servers as a shared web hosting service, which means that customers' web sites and other email or storage services are hosted from a common pool of servers. Olengofer Studios uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistent with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs within your currently subscribed package. To ensure a great experience for all, we will place some constraints on how much of our resource pool it utilized. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular package.
In most cases, if you use our services consistent with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account needs. Should any issues arrise with the amount of bandwidth being consumed by your store, we will contact you to see how we can best accomodate you with another subscription package level.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistent with the terms of Service and our acceptable usage policy. If you do exceed the allocated email storage limit, Olengofer Studios will increase your space along with your appropriate small business needs if a larger email package is subscribed.
The only limits according to package subscriptions is the number of products in your store, and the amount of storage in your email account. All other services are unlimited, but certain restrictions may be enforced if there are excessive resources being consumed by your store.
You may not publish or transmit via Olengofer Studios' service any content that Olengofer Studios reasonably believes:
a) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person's privacy;
f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Olengofer Studios;
l) is otherwise malicious, fraudulent, or may result in retaliation against Olengofer Studios by offended viewers;
Olengofer Studios does not accept material such as:
a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content 'published or transmitted' via Olengofer Studios' service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Olengofer Studios.
* Olengofer Studios can terminate service for any of the above reasons and it's at Olengofer Studios' sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are not allowed on Olengofer Studios' servers. For any emails sent from your Olengofer Studios account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Olengofer Studios service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Olengofer Studios service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Olengofer Studios' services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.
Olengofer Studios will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Olengofer Studios network.
Olengofer Studios is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Olengofer Studios network.
Through Olengofer Studios' services, you may not engage in illegal, abusive, or irresponsible behavior, including:
a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Olengofer Studios and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the Olengofer Studios network.
g) Use of Olengofer Studios' network in a way that unreasonably interferes with Olengofer Studios' other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.