Hosting Terms and Policies

Please print and read the Hosting Terms and Policies since a site hosted by ArtQuest must agree and abide by these Terms and Policies.


Current Policies

ArtQuest agrees to provide client web hosting on an annual prorated basis. We invoice in January for a full year of hosting service. If you join in June, then your first invoice will be prorated for 8 months of service. ArtQuest does not require a hosting site to advertise ArtQuest on their website in any way. Hosting Sites are allowed to use their web sites for personal or commercial business content.


Content

All services provided by ArtQuest may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statues. The subscriber agrees to indemnify and hold ArtQuest harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers. Links to such materials are also prohibited. ArtQuest will be the sole arbiter as to what constitutes a violation of this provision. Examples of non-acceptable content or links: Pirated software, hacker programs or archives, Warez Sites, Porn, Spamming Software.


Traffic Guidelines

ArtQuest Hosting Accounts are provided with 1.5 gigs of free traffic/bandwidth per month. Sites that go over the allowed free traffic will be charged $10 per gig.


Chat Room/Discussion Boards/Guestbooks

We provide these free services and the Fantistico Scripts should more than fill your needs. Please monitor your rooms/boards/guestbooks for malicious use.


Background Running Programs

As a general rule we do not allow background running programs. We may allow programs to run continually in the background but these programs are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.


IRC/FFA

We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX or use FFA Scripts on our servers.


CGI Scripts

Each hosting account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional legal, non harmful scripts they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice but we will make an attempt to reach you to have you upgrade your script before removal. CGI-script sharing with domains not hosted by ArtQuest is not allowed. Abuse of the system via any script, program or code will result in a $100 fine, and/or termination of service.


Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Abuse of the system will result in a $100 fine, and/or termination of service.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials: Violation of indecency and obscenity laws can result in criminal penalties.


Intellectual Property Rights

Material accessible to you through ArtQuest's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the ArtQuest Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ArtQuest Network. If you use a domain name in connection with the ArtQuest Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the ArtQuest Network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ArtQuest will cooperate fully with any investigation of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.


Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.


Refusal of Service

ArtQuest reserves the right at its sole discretion to refuse or cancel service. Violation of any of ArtQuest's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.


Spam Or Unsolicited E-Mail

You may not use the ArtQuest Network, ArtQuest equipment or any Hosting Account Email Addresses in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This provision extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the ArtQuest Network, ArtQuest equipment or any ArtQuest email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, ArtQuest reserves the right to disable your domain without warning. In addition, ArtQuest may impose a $100 penalty for each spam policy violation. ArtQuest solely reserves the right to refuse or cancel service to known spammers and reserves the right to determine what violates this policy. Any such violation will result in immediate termination of services without refund.


Abuse

Any attempts to undermine, slander, libel, threaten or cause harm to an ArtQuest server, customer, employee, or the company directly is strictly prohibited and may result in immediate termination of services without refund.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold ArtQuest, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ArtQuest, Inc., 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ArtQuest, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ArtQuest, Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of ArtQuest, Inc. to the amount paid for service.


Disclaimer

ArtQuest, Inc. will not be responsible for any damages your business may suffer using our services. ArtQuest, Inc., makes no warranties of any kind, expressed or implied for services we provide. ArtQuest, Inc. 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 ArtQuest, Inc. and/or its employees. ArtQuest, Inc. reserves the right to amend or update these policies without notice. Failure to follow our terms and policies may result in account deactivation.

ArtQuest, Inc. furthermore expects that its customers who provide Internet services to others fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, ArtQuest, Inc. wishes to emphasize that in accepting services, customers indemnify ArtQuest, Inc. for the violation of any law or ArtQuest, Inc. policy, that results in loss to ArtQuest, Inc. or the bringing of any claim against ArtQuest, Inc. This means that if ArtQuest, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against ArtQuest, Inc., plus costs and reasonable attorney's fees.

ArtQuest, Inc. reserves the right to change, edit, or update the policies contained in this document at any time without notice.