CreatureWeb Terms and Conditions of Service

It's very important you read and understand the following terms and conditions of CreatureWeb services. A violation of our terms of service could result in the immediate termination of your account. Our terms have service have been grouped into sections to make it easier for you to see what pertains directly to your service set but it is important that you are aware of all terms and conditions. CreatureWeb is in the business of providing leased gaming server space, web hosting, forums, web design and other associated internet-based services. These services may be referred to in this agreement as “our services,” “the services,” or similar by syntax.

Acceptance

These Terms and Conditions apply to visitors and members of the SITE. By accessing, using, viewing, reading, printing, installing, or downloading any material from us, or becoming a member of CreatureWeb, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer, Netscape, Opera, FireFox, or other alternate brands, and a computer. Revisions to This Policy: We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. The user should periodically check this web page for any modifications regarding these Terms and Conditions by re-visiting this web page and using the “refresh” button on the user’s browser. The user should note the date of last revision to this page, which appears at the top of this page. If the “last modified” date remains unchanged, after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the document. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. If you do not agree to be bound by these Terms and Conditions, you may not use our site, servers, or any other services: you must exit the CreatureWeb site immediately, you may not use or access the site. You may use and access our services only in accordance with these Terms and Conditions and any applicable laws. Please consult these Terms and Conditions regularly and read them carefully before using our services. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

Member Account, Password, and Security.

As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to our services. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in anyway we, in our sole discretion deem inappropriate. Your ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to our services to anyone who is not specifically authorized to use them. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. Regarding additional password and account security, You agree to immediately notify us of any unauthorized use of your user name and password or any other breach of security, and ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the services.

Content Responsibility

Each CreatureWeb client is responsible for their own sites and or server space and all sites/files that you host to be in accordance with all rules on this page. Misuse by you may result in termination of your account. All services provided by CreatureWeb are to 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CreatureWeb from any claims resulting from the use of the service which damages the subscriber or any other party.

Slander and/or personal Information

Direct slander of another company or direct competitor of CreatureWeb will not be tolerated and will be removed immediately. Posting of personal information of another individual without said individual's consent is prohibited. (this means xfire conversations gamers)

Restricted Content

Note: Pornography and sex related merchandising are prohibited on any of CreatureWeb Web hosting services. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to CreatureWeb servers or any other server on the Internet. Links to such materials are also prohibited. Examples of prohibited content and/or links are (but not limited to):
Pirated software
Hacking programs or archives

Exploits of any kind
Safe list (email solicitations)
Warez Sites
Adult Sites, including pictures and or information regarding Un-consensual information, pictures, inclusive but not limited to minors
Distribution of music files or any other material in which the account holder does not own the copyright. Software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
Child Pornography
CreatureWeb will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their users over CreatureWeb networks and servers, and will be liable for illegal material posted by their users.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

CreatureWeb reserves the right to review any material stored in files or programs to which other users have access, and will remove any material that we believe may be unlawful, abusive, or otherwise objectionable. All users of CreatureWeb Evolved Web Solutions DBA creatureweb.com & .net agree to post legal and current law disclosures in accordance with state and federal laws CreatureWeb will be the sole arbiter as to what constitutes a violation of this provision.

IRC:
We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers.

Unauthorized Access:
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity is strictly prohibited. Unauthorized access includes allowing a third party company, service or individual access to our servers without our knowledge.

Warranty
CreatureWeb will make every effort to provide an uninterrupted Internet service, however we do not warrant that it will be error free or uninterrupted. We shall not be liable for any indirect, incidental or consequential damages (including lost data, information, or profits) sustained or incurred in connection with lost data.

Refusal of Service:
CreatureWeb reserves the right to refuse, cancel, or suspend service at our sole discretion.

Service Resale
The resale of any service provided by CreatureWeb is prohibited. This includes but is not limited to: e-mail, voice servers, game servers or web space. Free distribution of a service to a mass public is also prohibited.

Service Misrepresentation

Any attempt to claim a service provided by CreatureWeb is provided by another or vice versa will be grounds for immediate termination of your services.

Third Party/Subcontractor Representation/fees

CreatureWeb makes no representations or collection of fees or miscellaneous charges presented by another company, individual or websites built, maintained, hosted, supported or partnered with or by CreatureWeb in any fashion what so ever. Any instance of a company/individual attempting to collect a fee of any kind in the name of, or because of CreatureWeb should be immediately forwarded to abuse@creatureweb.com

Billing Policy

Once you have placed an order with CreatureWeb and received your signup email, you have agreed and accepted the terms for billing which are as stated. You (the Customer) are giving CreatureWeb consent to charge the appropriate monthly charge to your credit card, pay pal account or your choice method pf payment for the services that were ordered. CreatureWeb Evolved Web Solutions will be listed on your bank/other account information. CreatureWeb bills on a pro-rated scheduled based off of your ordering date. This date is the 15th. All CreatureWeb service bills are due on the first of 1st of each month. All automated payments will be processed at 12 am of the 26th of the month. Should your bill not be satisfied by 12 am of the 3rd of each month your services will be suspended and a $10.00 reconnection fee will be added to your account balance and must be satisfied before services are reactivated. Should your services be delinquent until the 10th of a given month your services will be terminated and it will be necessary for you to re-order your services.

Refund Policy
You may cancel your service at any time, however CreatureWeb does not give pro-rated refunds for partial months service. Please see below for further cancellation information. Accounts terminated for abuse of our acceptable use policies or other terms, conditions, and guidelines are not eligible for a refund of any form, and may be held liable for damages resulting from the violation of these agreements. CreatureWeb may elect to discontinue service a customer for a variety of other reasons - in these situations we will refund any leftover fees deemed applicable.

Cancellations
As with almost any service, to cancel and/or stop billing you must first inform CreatureWeb by email of your intention to discontinue services. If no indication of cancellation is received, we will continue to bill you for services, and will hold you responsible for payment. Cancellations will not be accepted if your account is not current. Cancellations should be sent via e-mail from the current contact e-mail address on your account. The address to send cancellations to is: billing@creatureweb.com. Cancellations must be given 10 business days in advance of the date you wish your services to end. Dedicated Server client must give 30 days notice of cancellation.

Game Server Specific Terms and Conditions of use

The following terms deal specifically with Game Server clients. Please read and understand these terms as noncompliance will result in the immediate termination of your services.

Server Host Name

Your server host name while left to your discretion may not contain profanity of any type. Your host name also must suggest the server is provided by any entity other than CreatureWeb.

Server Slot Size

Altering your server slots size without CreatureWeb's consent will result in the immediate termination of your server. This process is automated and will not be reversed.

Server Bots

A limit of 4 bots on your server are allowed. The addition of more than 4 bots will result in your server being terminated immediately.

Map/Game/Config Exploits

Maps, Game types or configurations that contain profanity pornography or exist for the sole reason of exploiting a game are not allowed. Examples of exploits would be server side cheating mechanisms. Examples of unacceptable content would be maps skinned with profanity or pornography. (This includes your sprays CSS players). Violation of this will result in the immediate termination of your server.

MOTD Settings

many servers contain a message of the day setting. In this setting will be a line of text informing that the server is provided by CreatureWeb. Removal of this line is prohibited. Linking to another hosting provider in your MOTD is strictly prohibited.

Background processes:
Customer may not run any program or script on the server that runs constantly or in the background.

CPU Usage:
Customer acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the server. (This does not apply to dedicated game clients)

Web Hosting Specific Terms and Conditions of use

The following terms pertain directly to web hosting clients. Please read and understand these terms as a violation of them will result in the immediate termination of your services.

Background processes:
Customer may not run any program or script on the server that runs constantly or in the background.

SSH Access:
SSH access will only be granted on a case-by-base basis based on intended use and purpose. Faxed copies of a valid drivers license and / or a security deposit will be required.

Domain Names

Profanity in your domain names will not be tolerated. This includes sub domains. This will result in the immediate termination of your services.

Phishing/Scams

Any type of phishing or scamming will not tolerated. CreatureWeb will cooperate fully with any agency seeking to prosecute for such purposes. Examples would included pay pal scams or attempts to collect information on users without their knowledge.

Spam

Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow spamming that directly or indirectly refers to domains or IP addresses hosted by CreatureWeb or creatureweb.com .net .org. info CreatureWeb reserves the right to determine in its sole discretion what constitutes UCE based on the information available.

Web Design Specific Terms and Conditions of use

The following terms and conditions pertain to directly to design clients. Please read and understand as violation of them will result in the immediate termination of your services.

Schedule Date

Every design project is placed on a schedule. CreatureWeb agrees to work diligently toward completely your project within the scheduled dates set aside for your project. The client agrees also to make a diligent effort to provide all requested and needed materials to CreatureWeb by the requested date. Clients failing to provide the requested/needed information within the scheduled date will be rescheduled to the next available project date. A client's non compliance will not lead to the delay or penalizing of another client that is compliant. A clients non-compliance exceeding 30 days past the project date will be considered an abandoned project and all materials and paid fees will be lost.

Design Ownership

All design work will be built on test servers until finalized and approved. Ownership of designed materials will handed over and solely owned by client once the entire balance of the project is paid. Payment default will result in all design materials remaining CreatureWeb owned. This includes domain names.

Acceptable Content

Do not approach CreatureWeb with a project that contains pornography. It is a waste of your time. CreatureWeb will not work on projects that carry a rating greater than R. (Models, your nudity shots are not considered pornography minding your shots are tasteful, password protected or do not not grace the front page of your website. CreatureWeb will not develop hate sites or discriminating sites. Please do not waste your time attempting to persuade us.

These Terms and Conditions of use of CreatureWeb's website and all services were last updated on January 1, 2007. They are subject to change at any time with no notice. It is your responsibility to remain informed as to what these terms and conditions are.