:: BAYOU DESIGN STUDIOS ::

Acceptable Use Policy

Use of our service constitutes the acceptance of our TOS, AUP and Privacy Policy. Herein "BAYOU DESIGN STUDIOS INC.", “We", "Us", "Our" refer to bayou-design.com whose website is at http://www.bayou-design.com while "You", "your", "client", "customer", “member”, “subscriber” refer to any party that uses our service.

All services provided by BAYOU DESIGN STUDIOS INC. may be used for lawful purposes only. Transmission, storage and/or presentation of any information, data or material in violation the law are prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or may subject us to liability, or which may violate this AUP (Acceptable use Policy). The subscriber agrees to indemnify and hold harmless BAYOU DESIGN STUDIOS INC. and his employees from any claims resulting from the use of the service which damages the subscriber or any other party.

We support the uncensored flow of information and ideas and do not actively monitor subscriber activity under normal circumstances. However, in accordance with our AUP (Acceptable use Policy), we may ask the subscriber to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

BAYOU DESIGN STUDIOS INC. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your web hosting account or other actions as detailed below without notice, based upon the nature of the violation.

VIOLATIONS OUR ACCEPTABLE USE POLICY
The following constitutes violations of this AUP:

Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.

Usenet Spamming: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

Copyright or trademark infringement: Use of our service 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.

Collection of personal data: Use of our service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of our service for any activity which affects the ability of other people or systems to use our services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Malware: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our service could result in the suspension of service.

Downloads: In order to maximize uptime on our servers, downloads of any kind (media, backups, etc) that utilize more than 10% CPU resources are forbidden.

Third Party Accountability: Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation of Bayou-design.com Virtual Accounts: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Indemnification

Customer agrees that it will protect, indemnify, save and hold BAYOU DESIGN STUDIOS INC. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against BAYOU DESIGN STUDIOS INC., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold BAYOU DESIGN STUDIOS INC. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed by BAYOU DESIGN STUDIOS INC.; (2) the loss of any electronic files furnished by customer (Or customer's customer); (3) copyright violation and any defective products sold to a customer by BAYOU DESIGN STUDIOS INC..

Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of BAYOU DESIGN STUDIOS INC.. to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Network Performance

Bayou-design.com virtual site and reseller accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities

REPORTING VIOLATIONS OF Bayou-design.com AUP

We request that anyone who believes that there is a violation of this AUP direct the information to BAYOU DESIGN STUDIOS INC.

If available, please provide the following information:

The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

BAYOU DESIGN STUDIOS INC. reserves the right to revise, amend, or modify this AUP, and our other policies and agreements at any time and in any manner.

Bayou-design.com Web Hosting
Terms of Service

Use of our service constitutes the acceptance of our TOS, AUP and Privacy Policy. Herein "BAYOU DESIGN STUDIOS INC.", “We", "Us", "Our" refer to Bayou-design.com whose website is at http://www.bayou-design.com while "You", "your", "client", "customer", “member”, “subscriber” refer to any party that uses our service.

Account setup
We will set up your account as soon as possible, usually within 12-24 hours.

Money-back Guarantee
We offer Conditional 30-day money back guarantee. Condition is a demonstrated failure on our part to provide the service you signed up for. We do not offer an "unconditional" money back guarantee to prevent spammers from entering our system. You must request your claim at least 7 days before the end of the first month. This excludes any overage charges like bandwidth, add-on charges like domains and setup charges. In case you have violated our AUP you are not entitled for this guarantee.

To get your refund please email us including your: full name, account username, date, and reason for cancellation. Failing to include all of this information may cause delay in your refund. You will receive an email confirming the cancellation of your account. No refunds are available after 30 days. Please allow up to one billing cycle for refunds.

Managed servers and resellers are excluded from this guarantee.

Billing Policy
Recurring charges will occur at the beginning of each service cycle and one time charges like setup fees at the commencement of service, unless otherwise agreed upon.

All transactions are in Canadian dollars. If you exceed resources like space and bandwidth allocated to you will be charged for the additional usage; alternatively you can choose to upgrade to the next plan.

Refund Policy
You will be refunded 100% of your payments excluding overage charges like bandwidth, add-on charges like IP addresses and setup charges within the first month of our service if you request it (see Money back Guarantee above). However violation of our AUP will deprive you of that.

After money back guarantee period (first month) monthly payments are non-refundable; you can however choose to cancel your account at any time.

You must contact us for claiming refunds at least 7 days before the end of current billing cycle. Some purchases that cannot be refunded are; setup charges, overage charges, etc.

Service Cancellation
You can choose to cancel our service at any moment. If it is within first month of sign up you will receive a full refund (see Money back Guarantee above) excluding any overage charges and setup fees. See Refund policy above.
You must contact us for account cancellation for cancellations.

We reserve the right to cancel service at any time. This will in most cases due to violation of AUP and will be preceded by a warning, however may be immediate in case severe offence.

Non-payment
Failure to pay the amount due in full within one week of due date will result in suspension of the account and an added $10 fee. Failure to do so within 2 weeks from due date will result in termination in the account, unless otherwise agreed upon. If your account was terminated please be advised that you may encounter a set-up ($100) or to retrieve lost files ($200).

Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion but not prohibited by Law.

Uptime Guarantee
Our servers in most cases boast a 99% uptime. We cannot control the action of the client or “acts of God". Scheduled downtime for maintenance is not regarded as downtime. We will contact you if any downtime of over 10 minutes is required to upgrade, patch or perform and other maintenance on the server.

Restrictions of Support
We will make every effort to offer support information for configuring popular web software to use our service. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.

Disclaimer

We use industry standard hardware, software and connections at our end. While we make every possible effort to offer you the highest level of service, Bayou-design.com will not be responsible for any damages your business may suffer including but not limited to special, incidental, consequential or other damages. Bayou-design.com makes no warranties of any kind, expressed or implied for services we provide. Bayou-design.com disclaims any warranty or merchantability or fitness for particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any or all service interruptions.

You agree to use all our services at your own risk. Customer agrees that it shall defend, indemnify and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us that may arise from any service provided or agreed to be provided by us. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction. If for any reason a court of competent jurisdiction finds any portion of this TOS to be unenforceable, the remainder will continue in full force and effect. This TOS together with AUP and Privacy Policy constitute the entire agreement between "You" and "Us" with respect to the subject matter hereof and supersede and replace all prior or contemporaneous agreements, written or oral, regarding such subject matter.

Bayou-design.com reserves the right to revise its policies at any time without prior notice. All clients old and new abide by the latest version of AUP, TOS and Privacy Policy maintained at our site.

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