General terms and conditions
The purpose of this policy is to set forth an Acceptable Use Policy
(“AUP”) by which Customer will abide while using, renting, leasing, or
otherwise making use of Wicked Entertainment Ltd. goods and services. By
using Wicked Entertainment Ltd.’s Web Hosting and Email services,
Customer agrees to comply with the following policies and assume
responsibility for the compliance of all Customer’s Users permitted by
Customer to use Wicked Entertainment Ltd. products and services.
1. Right to Service.
a) Wicked Entertainment Ltd.'s service will be provided on an "as is,
as available" basis. Further, Wicked Entertainment Ltd. provides no
warranty, written, expressed, or implied, for any Web Hosting and Email
services provided, including, without limitation, warranty of the
merchantability and warranty of fitness for a particular purpose. This
expressly includes any reimbursement for losses of income due to
disruption of service by Wicked Entertainment Ltd. or its providers
beyond the fees paid to Wicked Entertainment Ltd. for services.
b) Customer and Customer’s Users will use the Web Hosting and Email
services in a manner consistent and compliant with any and all
applicable laws of England and Wales.
c) Use of any information obtained by way of Wicked
Entertainment Ltd. is at User’s own risk, and Wicked Entertainment Ltd. specifically
denies any responsibility for the accuracy or quality of information
obtained through its services. Wicked Entertainment Ltd. makes no
warranty, written, expressed or implied of any guaranteed uptime, or
that the service will function at a reliable level based on past
performance.
d) Wicked Entertainment Ltd. is not responsible for any damages
arising from Customer’s or Customer’s Users’ use of Wicked Entertainment Ltd.’s Services or by any inability to use the Web Hosting and Email
services for any reason.
e) Wicked Entertainment Ltd. shall make every reasonable effort to
protect data stored on Customer's Server(s) including providing daily
back-up services. However, Wicked Entertainment Ltd. is not responsible
for Customer or Customer’s Users’ data, files, or directories residing
on Wicked Entertainment Ltd.'s equipment. Customer is solely responsible
for maintaining data, files, and back-ups.
2. Limit of Liability.
Wicked Entertainment Ltd. shall not be liable for any content posted,
opinions expressed, or actions taken by any of the Users of Wicked
Entertainment Ltd. services. Any conduct that violates the laws,
regulations, or the accepted norms of the Internet community or the
community standards in which the User lives, whether expressly mentioned
in this Agreement or not, is strictly prohibited. Wicked Entertainment
Ltd. reserves the exclusive right to prohibit any activities that it
deems will adversely affect its commercial reputation or goodwill,
endanger its network, impact its Customers, or expose it to liability or
tort.
3. Modification of Agreement.
Wicked Entertainment Ltd. reserves the right to add, modify, or
delete any provision of this Agreement at any time and without notice.
Wicked Entertainment Ltd. reserves the exclusive right and will be the
sole arbiter as to what constitutes a violation of any of these
provisions.
4. Misuse of System Resources.
It is a violation for anyone who, including but not limited to, employs
posts or programs that consume excessive CPU time, server memory, or
storage space; permits the use of mail services, mail forwarding
capabilities, POP accounts, or auto-responders other than for their own
account; or resells access to CGI scripts installed on Wicked
Entertainment Ltd. servers. Wicked Entertainment Ltd. reserves the right
to immediately and without notice to the User, terminate any service or
process that uses a disproportionate amount of any system resources.
5. Potentially Tortuous or Illegal Conduct.
The following shall be construed as violations of this Agreement and
may result in suspension or deletion of a Customer’s Users’ account or
in Termination of this Agreement.
a) Wicked Entertainment Ltd. products and services may only be used
only for lawful purposes. Transmission, distribution, or storage of any
material in violation of any applicable law or regulation is strictly
prohibited. This includes, without limitation, material protected by
copyright, trademark, trade secret, or other intellectual property right
used without proper authorization, or material that is obscene,
defamatory, constitutes an illegal threat, or violates export control
laws. Non-acceptable content or links may include, but are not limited
to: Pirated software, Hackers’ programs or archives, Warez, Game Mods or
Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content,
TGP, or any other file or media deemed by Wicked Entertainment Ltd. to
be illegal or for which Customer or Customer’s Users do not have the
legal right to use, post, or otherwise store on Wicked Entertainment
Ltd. servers.
b) No one shall post defamatory, scandalous, or private information
about a person without their consent or with intention to inflict
emotional distress, or post any information that violates any rightful
trademarks, copyrights, or other intellectual property rights.
c) Sending unsolicited email messages (“Spam”) from or through Wicked
Entertainment Ltd.’s servers, including, without limitation, commercial
advertising or informational announcements, shall be prohibited. Wicked
Entertainment Ltd. reserves the right to terminate this Agreement and
any other accounts under Customer’s account if Wicked Entertainment Ltd.
determines that unsolicited mass email has occurred or if Wicked
Entertainment Ltd. receives complaints that unsolicited email messages
have been sent from Customer’s account.
d) Posting to any Usenet or other newsgroup, forum, email mailing list
or other similar group or list articles with the intent to engage in
commercial advertising or informational announcements.
e) Engaging in any of the foregoing activities using the service of
another provider, but channelling such activities through a Wicked
Entertainment Ltd.-provided server, or using a Wicked Entertainment
Ltd.-provided server as a mail drop for responses.
f) Any unauthorized distribution or copying of copyrighted material,
violations of U.S. export restrictions, harassment, fraud, dealing in
contraband, and other illegal activities, or dealing in content and
material that has been deemed illegal in the User’s community, state,
province, or municipality.
g) Falsifying any User information provided to Wicked Entertainment Ltd.
or to other Users of the service in connection with the use of a Wicked
Entertainment Ltd. service.
6. System and Network Security.
Violations of system or network security are strictly prohibited, and
may result in criminal or civil liability. Examples include, but are not
limited to: allowing unauthorized access, use, probe, or scan of any
Wicked Entertainment Ltd. system, security, authentication measures,
data or traffic; interference with service to any User, host or network,
mail bombing, flooding, or attempts to overload a system or broadcast
attacks. Customer’s or Customer’s Users shall not engage in forging of
any TCP-IP packet header, email headers, or any other information
provided or passed through Wicked Entertainment Ltd. Systems or Network
at any time.
7. Domain Name Agreements, Restrictions, and
Transfer Policies.
Under ICANN policy, Wicked Entertainment Ltd. is prohibited from
allowing the transfer of domain name Registrars during the first sixty
(60) days after initial registration of the domain name. This applies to
ALL domain names, regardless of where they are purchased. Domain names
cannot be transferred to or from Wicked Entertainment Ltd.’s system
within this period. Beginning on the sixty-first (61st) day after the
initial registration, the procedures for transferring domain names can
be completed without restriction. The full ICANN policy concerning
domain name registration can be found at ICANN.ORG.
8. Domain Name Transfer Notifications.
Wicked Entertainment Ltd. does not guarantee that all domain name
transfers or updates to DNS records, MX records, Aliasing Records, URL
forwarding, domain name forwarding or other Registrar or DNS-related
service or product will succeed.
9. DNS Information.
Wicked Entertainment Ltd. shall not be responsible for updating any
of the DNS records or entries for transferred domain names. Customer
shall have sole responsibility for ensuring that all relevant DNS
entries for domain name(s) are correct. Fees paid for transferred domain
names are not refundable if the transfer fails for any reason. This may
include, but is not limited to: timeouts resulting from a delay in owner
or registry approval, incorrect contact information in the WHOIS record,
or attempted transfers of domains that are not transferable for any
other reason.
10. Consequences of Violation.
If Wicked Entertainment Ltd. becomes aware of an alleged violation of
any of the terms contained in this Agreement, or any other policy that
has been posted on its web site, made available to Customer via email,
or posted in any other form, Wicked Entertainment Ltd. shall initiate an
investigation. During the investigation, Wicked Entertainment Ltd. may
restrict Customer or Customer’s Users’ access to Wicked Entertainment
Ltd. products and services in order to prevent further possible
unauthorized activity. Wicked Entertainment Ltd. may, at its sole
discretion, restrict, suspend, or terminate Customer's account without
notice or refund, or pursue civil remedies as it deems necessary.
Wicked
Entertainment Ltd. shall notify the appropriate law enforcement
department of any such violations. Wicked Entertainment Ltd. shall not
be responsible for any payment, refunds, or compensation in any way for
service disruptions or termination resulting from violations of this
Agreement.