Thorne Digital Media Group, Inc.
Terms and Conditions of Service
If you have questions or concerns regarding this statement, you should first contact Thorne Digital at firstname.lastname@example.org or call (888) 341-3707.
Thorne Digital Media Group, Inc.
Web Site, Virtual Hosting and Dedicated Server Service Agreement
This Web Site, Virtual Hosting and/or Dedicated Server Service Agreement ("Agreement") is by and between Thorne Digital Media Group, Inc. ("Thorne Digital"), a New York corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution.
This Agreement sets forth the terms and conditions of Your use of Thorne Digital's Web Site, Virtual Hosting and/or Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and Thorne Digital.
By using the Services, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Thorne Digital may establish from time to time.
Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Thorne Digital, whether or not the transactions were in Your behalf.
1. Description of Service
Thorne Digital currently provides the Services to its customers for an annual fee, or in the case of Unlimited Plans, Dedicated Servers or other account types provided by Thorne Digital, a montly fee may be setup with your valid credit card. Thorne Digital will host Your web site on Thorne Digital's servers, provided, however, You must abide by the terms and conditions set forth herein and in each of Thorne Digital's policies and procedures here.
License of Your Web Site Content
Thorne Digital grants to You, and You accept from Thorne Digital, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with Thorne Digital's performance or enforcement of this Agreement. You may not host Spam, Phishing or misrepresentation of other existing sites on any Thorne Digital server. Failure to comply with Thorne Digital's non-spam and "No phishing" policy will result in the revocation of your account and cancellation of your service agreement without refund.
Availability of Services
Subject to the terms and conditions of this Agreement, Thorne Digital shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
Periodic maintenance procedures or repairs that Thorne Digital may undertake from time to time; or causes beyond the control of Thorne Digital or that are not reasonably foreseeable by Thorne Digital, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree Thorne Digital has no control of availability of the Services on a continuous or uninterrupted basis.
You further agree that as a normal course of its business, it may be necessary for Thorne Digital to migrate its servers. As a result, even though You may have a dedicated IP, You may be assigned a different IP number. Thorne Digital does not warrant that You will be able to consistently maintain Your given IP numbers.
Service Availability Guarantee
Thorne Digital offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If Thorne Digital fails to maintain this level of service availability, You may contact Thorne Digital and request a credit of 5% of Your monthly hosting fee from Thorne Digital for that month. The credit may be used only for the purchase of further products and services from Thorne Digital, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
- Periodic scheduled maintenance or repairs Thorne Digital may undertake from time to time;
- Errors caused by You from custom scripting or coding;
- Outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
- Causes beyond the control of Thorne Digital or that are not reasonably foreseeable by Thorne Digital ; and
- Outages related to the reliability of certain programming environments.
Total Service Uptime shall be solely determined by Thorne Digital and shall be calculated on a monthly basis.
Thorne Digital offers FTP access to all account types. You acknowledge and agree that FTP access may require additional down time to install and maintain. You further acknowledge and agree that in utilizing FTP access, You shall be subject to a maximum disk usage and bandwidth usage as identified by Thorne Digital. Subject to the terms and conditions of this Agreement, Thorne Digital shall use commercially reasonable efforts to provide FTP access services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement.
You acknowledge and agree that from time-to-time the FTP access services may be inaccessible or inoperable for any reason, including without limitation:
- Equipment malfunctions;
- Periodic maintenance procedures or repairs that Thorne Digital may undertake from time to time; or causes beyond the control of Thorne Digital or that are not reasonably foreseeable by Thorne Digital, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, - Network congestion or other failures.
- Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services.
Notwithstanding anything in this Agreement to the contrary, in no event shall Your web site consist of the following: pages containing any of the following types of content:
- Pornographic, obscene or excessively profane content;
- Content intended to advocate or advance computer hacking or cracking;
- Illegal activity;
- Drug paraphernalia; or
- Hate, violence or racial or ethnic intolerance.
- Phishing or manufactured content used for the purpose of collecting personal user information or the misleading usage of reviews, testimonials or any other content that may be deemed innacurate for the purpose of misleading visitors in any way.
- Spam or activity deemed illegal in the state of NY or the United States.
Except as may be limited by specific products or services, any SSL certificate You purchase from Thorne Digital or its affiliates to use in conjunction with the Services provided by Thorne Digital, is intended for its specific use as described in the Subscriber Agreement. SSL certificates purchased from 3rd parties such as VerisignTM or Thawte may be exported from the server to be used with any other web hosting service for a fee of $150. If You are using an SSL certificate on a web site hosted by Thorne Digital, Thorne Digital will generate and securely store a corresponding private key.
For security reasons, at no time will Thorne Digital release Your private key, even if You request. If You wish to export Your SSL certificate for use on a non- Thorne Digital server, You will need to make a request to Thorne Digital no earlier than thirty (30) days after Your initial SSL installation occured.
Information Shared with Partners
As a condition of purchasing and using the Services, You acknowledge and agree Thorne Digital may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.
2. Your Obligations
You acknowledge and agree Thorne Digital shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by Thorne Digital pursuant to such justification. You acknowledge and agree You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree Thorne Digital shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to notify Thorne Digital in writing that you do not wish to renew no less than 30 days prior to your renewal date.
You represent and warrant to Thorne Digital that:
Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.
You also warrant that the web site being hosted by Thorne Digital will not be used in connection with any illegal activity. If You are hosting Your web site on Thorne Digital's servers, You are responsible for ensuring there is no excessive overloading on Thorne Digital's DNS or servers. In the event You exceed Your allotted bandwidth, compute cycles or disk space and thereby overload Thorne Digital's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Thorne Digital's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, phishing, spam or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Thorne Digital reserves the right to remove sites containing information about hacking or links to such information.
Use of Your web site as an anonymous gateway is prohibited. Thorne Digital prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Thorne Digital. You agree Thorne Digital reserves the right to remove Your web site temporarily or permanently from its servers if Thorne Digital is the recipient of activities that threaten the stability of its network. You further acknowledge and agree Thorne Digital has the right to terminate Your Services in its sole discretion and for any reason adn without refund, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.
You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:
- Disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Thorne Digital, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Thorne Digital's standard SMTP relay limit;
- Disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
- Create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
- Export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
- Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
- Disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
- Engage in any other activity deemed by Thorne Digital to be in conflict with the spirit or intent of this Agreement or any Thorne Digital policy; or use Your server as an "open relay" or similar purposes.
Thorne Digital prohibits the running of a public recursive DNS service on any Thorne Digital server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Thorne Digital actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
- Prevent any loss or damage to Your web site content;
- Maintain independent archival and backup copies of Your web site content;
- Ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Thorne Digital servers; and
- Ensure the confidentiality of Your password.
- Thorne Digital's shared hosting servers are not an archive and Thorne Digital shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
- The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one.
- Thorne Digital shall have no liability to You or any other person for Your use of the Services in violation of these terms.
- You shall at all times use the Services as a conventional and/or traditional web site.
- You shall not use the Service in any way, in Thorne Digital's sole discretion, that shall impair the functioning or operation of Thorne Digital's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as:
(i) a repository or instrument for placing or storing archived files; and/or
(ii) placing or storing material that can be downloaded through other web sites.
- You acknowledge and agree that Thorne Digital has the right to carry out a forensics examination in the event of a compromise to Your server or account.
If You purchase MS SQL, MySQL or Dedicated Services (Dedicated Server Contracts), You hereby authorize Thorne Digital to log into Your server for purposes of installing and configuring the software.
In the event You terminate, moving Your web site off of the Thorne Digital shared hosting servers is Your responsibility. Thorne Digital will not transfer or FTP Your web site to another provider.
In the event Your use of the Services is terminated, Thorne Digital will not transfer or manage Your Services or Your web site content.
3. Assisted Services
In the event You elect to purchase Thorne Digital 's Dedicated Server Plan, the following terms and conditions shall apply to Your use of and Thorne Digital's obligations in connection with providing the Assisted Server Plan (collectively, the "Dedicated Services").
Subject to the terms and conditions of this Agreement and each of Thorne Digital's policies and procedures, Thorne Digital shall use commercially reasonable efforts to attempt to provide the Dedicated Services on a twenty-four (24) hours per day, seven (7) days per week basis for the duration of the Dedicated Services purchased. You acknowledge and agree that from time-to-time the Dedicated Services may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs that Thorne Digital may undertake from time to time; or
(iii) causes beyond the reasonable control of Thorne Digital or that are reasonably unforeseeable by Thorne Digital, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree Thorne Digital has no control over the availability of the Dedicated Services on a continuous or uninterrupted basis.
Thorne Digital's Rights
Thorne Digital explicitly reserves the right and sole discretion to:
- Modify its pricing, if desired by Thorne Digital ;
- Establish limits and guidelines concerning the use of the Dedicated Services;
- Terminate Your use of the Dedicated Services for use of the Dedicated Services to unnecessarily or illegally harass Thorne Digital or third parties, non-payment of fees for the Dedicated Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Thorne Digital, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Thorne Digital determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- Terminate Your use of the Dedicated Services if Your use of the Dedicated Services results in, or is the subject of, legal action or threatened or proposed legal action, against Thorne Digital or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
- Terminate Your use of the Dedicated Services at any time and for any reason if deemed reasonably necessary by Thorne Digital.
Thorne Digital has no obligation to monitor Your use of the Dedicated Services, but reserves the right in its sole discretion to do so.
Charges for Custom Services
When Thorne Digital determines requested assistance falls out of the scope of the basic Services plan, charges shall apply for Your use in the form of Out of Scope Support Services (hereinafter referred to as "OOS Support"), and Thorne Digital shall charge You for Your use of the OOS Support on a thirty (30) minute incremental basis.
Furthermore, when Thorne Digital determines a fee will be assessed for Your use of the OOS Support, Thorne Digital reserves the right to charge any or all of the fees prior to the commencement of any work being performed.
Additionally, in the event You elect to install or seek assistance from Thorne Digital in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.
You agree to defend, indemnify and hold harmless Thorne Digital and its employees, officers and directors for, from and against any and all claims brought against Thorne Digital and its employees, officers and directors by a third-party alleging the software infringes:
(i) the third-party's rights; or
(ii) a U.S. patent, trademark, copyright or other intellectual property right.
You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Thorne Digital in connection with any such claims.
If You purchase MS SQL, MySQL orDedicated Services (Dedicated Servers), You hereby authorize Thorne Digital to log into Your server for purposes of installing and configuring the software.
Contacting the Web Site
Thorne Digital Media Group, Inc.
ATTN: Web Team
New York, NY 10010, U.S.A.
Copyright (c) 2003-2010 Thorne Digital Media Group, Inc. All Rights Reserved.