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Terms of Service ("ToS") and Acceptable Use Policy ("AUP")

 Acceptable Use Policy

Shadow Designs (referred hereinafter as "Shadow Designs", "Company", "our", "we" and "us") is a web hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions and acceptable use policy (referred hereinafter as "AUP", "Terms", "ToS", "Terms of Service") described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you (referred hereinafter as "Customer", "User", "Users") have read, understand, and agree to be bound by terms and conditions below.

This AUP governs the use of Shadow Designs’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Shadow Designs regarding the interpretation of this AUP, Shadow Designs’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact abuse at sdcinet.com.

1. User Conduct

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to Shadow Designs, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

You may not publish or transmit via Shadow Designs’s service any content that Shadow Designs reasonably believes:

  • constitutes child pornography;
  • constitutes pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person’s trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Shadow Designs; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Shadow Designs by offended viewers.

User may not:

  • Restrict or inhibit any other user from using and enjoying the Internet.

Content "published or transmitted" via Shadow Designs’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by Shadow Designs.

Shadow Designs reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Customer may not initiate the following on our servers:

  • Run any process that requires more than 16Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
  • Run any type of interactive real-time applications that require server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run intensive scripts with persistent MySQL connections.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Host Proxy Servers or Anonymizers
  • Host Pirated software (warez)
  • Host illegal MP3 content, store large Audio / Video Archives (any format).
  • Provide free hosting services (file sharing, free domain hosting, free subdomains etc), free webmail services or free software hosting services.
  • Run any site with adult-oriented content, including but not limited to any pornographic material.
  • Host Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.

Customer may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Shadow Designs and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the Shadow Designs’s network.
  • Use of Shadow Designs’s network in a way that unreasonably interferes with Shadow Designs’s other customers use of the network.

Customers are also required to abide by the following:

  • Databases are only to be used for Shadow Designs-hosted web sites, and no outside access will be granted.
  • Persistent MySQL connection is prohibited on all shared servers.

Zero Tolerance Spam Policy: Shadow Designs has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. 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. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Shadow Designs whether or not the message actually originated from our network.

  • Drop-Box Accounts: Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
  • Header Forgery: Forgery of email headers ("spoofing") is prohibited.
  • Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
  • Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
  • Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
  • Mailing Lists: Shadow Designs's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

3. Personal Security

Customer must take reasonable security precautions. Customer must protect the confidentiality of server's password, and should change password periodically.

4. Backup Policy

We run automatic daily backups of your data. In the event of permanent data loss, a restoration may occur that will recover your lost files for additional fee of $30 per website.

Offsite Backups are run daily. However, we would like to stress to all Customers how important it is to keep local backups on local computer or removable media. Reason being that there are instances where backups will run and replace Customer's backup from the previous day. If Customer have changed something since then and need that backup, chances are we will not have it. So always keep backups stored locally! We make no guarantees about the availability of backups.

5. Indemnification

Customer agrees to indemnify and hold harmless Shadow Designs and the employees and agents of Shadow Designs (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

6. Limitation on Company Liability

Shadow Designs shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. WESTNIC SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

7. Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

8. No Warranties

Any Shadow Designs material on this server may include technical inaccuracies or typographical errors. Shadow Designs has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY WESTNIC, INC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER WESTNIC NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

10. Refusal or Discontinuation of Service

Shadow Designs reserves the right to refuse or discontinue service to anyone at Shadow Designs's sole discretion. Shadow Designs may deny you access to all or part of the service without notice if you engage in any conduct or activities that Shadow Designs in its sole discretion believes violates any of the terms and conditions in this agreement. Shadow Designs shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Shadow Designs has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Shadow Designs reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Shadow Designs also reserves the right to refuse refunds in cases where Shadow Designs believes abuse has taken place.

11. Payment & Other Information

Customer agrees to supply appropriate payment for the services received from Shadow Designs, in advance of the time period during which such services are provided. Customer agrees that until and unless Customer notify Shadow Designs of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis.

Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Subscribers failing to secure payment within 10 days of notice will incur service interruption and $10 reconnection fee.

Shadow Designs is not responsible for data integrity on equipment reclaimed for non-payment.

12. Money Back Guarantee

Each hosting plan includes a full 30-day money back guarantee.

Our web hosting plan include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services. Also not included are Domain Parking Services, Domain Registration and Dedicated Servers and any additional services such as overages, disk space, SSL, bandwidth, maintenance fees. No refunds are available after 30 days. No refunds are available after account upgrades or downgrades. Any request for cancellation must be received via Support Desk (address: https://support.westnic.net) and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

Accounts cancelled/terminated by Shadow Designs for violating our Terms of Service do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department. Please note that refunds will be made within 14 business days from cancellation date.

From time to time Shadow Designs gives free Dedicated Security Certificates (SSL) to new customers. If you cancelled your account within 30 days and already installed free Security Certificate from us, $49.00 fee will be subtracted from refund because Security Certificate belongs to domain holder and valid for full year (12 months).

13. Service Cancellations

Service Cancellations must be submitted using the trouble ticket system located at Support Desk: https://secure.sdcinet.com/clients/ at least 5 days before the end of the billing cycle.

Cancellations over the telephone and informal email are not accepted.

14. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • You are otherwise permitted by established United States copyright law to copy the work in that manner.

Shadow Designs will terminate the service of repeat copyright infringers.

15. Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Shadow Designs network, please send your written notice of copyright infringement to:

P.O. Box 970
Jenks, Oklahoma  74037-0970
ATTN: Copyrights

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shadow Designs to locate the material;

Information reasonably sufficient to permit Shadow Designs to contact you, such as an address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

16. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Shadow Designs or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on Shadow Designs' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

17. Governing Law

This Agreement, and all future agreements Customer may enter into with Shadow Designs, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Shadow Designs in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Westchester, New York. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

18. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Shadow Designs network.

19. Disclaimer

Shadow Designs is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Shadow Designs network.

Shadow Designs reserves the right to revise its terms of service / acceptable use policy at any time without prior notice.

Inquiries regarding this policy should be directed to abuse at sdcinet.com.






Copyright © 2002 - by Shadow Designs, L.L.C.
Terms of Service and Acceptable Use Policy