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Terms of Service

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Last Updated: 18 November 2008

All services provided by Creative Mode are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Creative Mode, from any claims resulting from the subscriber's use of Creative Mode' services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Creative Mode server. This includes sites that may imply 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 Creative Mode servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

IRC Software
Pirated software
Hacking programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.
Adult Sites
Game Servers (dedicated game server programs)

Creative Mode will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provides chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Creative Mode server or any server located on the Creative Mode network is STRICTLY prohibited. Creative Mode will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Creative Mode. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Creative Mode staff.

ShoutCast Servers - We do not allow Shoutcast Servers on shared, reseller or VPS packages.

Background Running Programs - We do not allow any kind of background running programs or processes on shared or reseller packages. (The aforementioned restriction does not apply to VPS or dedicated platforms).

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Generic Wordpress Themes - Installing generic/low cost Wordpress themes is expressly forbidden on the server as these are more often than not open to abuse by hackers and users with maliscious intent.

Server Abuse - Any attempts to undermine or cause harm to a Creative Mode server or subscriber of Creative Mode is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Creative Mode and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime

Creative Mode will use its commercially reasonable efforts to provide services at all times. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Creative Mode' control or which are not reasonably foreseeable by Creative Mode, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Creative Mode will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Creative Mode has no responsibility for downtime resulting from a user's actions.

Refunds & Cancellation

We do not provide refunds for annual hosting plans. Notice of intent to cancel account must be given prior to the commencement of the annual account in question, and at least thirty (30) days prior to the billing date.

Accounts terminated due to a violation of these Terms of Service are not eligble for refunds.

Limitations on Use

Any shared hosting account using 10% or more of the server CPU or memory can be suspended and/or terminated. Any other account type using excessive server CPU or memory, the definition of which is at Creative Mode' sole discretion, can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes on shared packages can result in immediate termination of the account. Creative Mode maintains the right to cancel accounts at its discretion. Any processes which potentially breach security or may otherwise disrupt network services can be terminated, and the associated account suspended, at Creative Mode' sole discretion, and without limiting the applicability of any other of these Terms of Service.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the following annual billing cycle.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $22 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be sent to Dun & Bradstreet for collection.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information, payment information, or the password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Termination of account requires at least thirty days notice prior to the annual renewal billing date, otherwise account termination and billing termination will not take effect until the subsequent annual billing date. Any notifications that you wish to discontinue service with us must be delivered via e-mail

Courtesy Services for Customers

All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Creative Mode is not responsible for lost data or for lost data due to third party software that is not maintained by Creative Mode programming staff.

Associations with other Entities

Nothing in this web site shall be construed to imply any affiliation between Creative Mode and any other company, with the exceptions of those entities stated to be Partners with Creative Mode (and therein to the extent specifically stated).

Limitation of Damages

Recovery of damages from Creative Mode may not exceed the amount of fees it has collected on the account.

General

Terms of Service are subject to change on seven (7) days written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber.

These Terms of Service are a legally binding contract between the subscriber and Creative Mode.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Creative Mode administrators without prior notice.

All prices are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Creative Mode maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Excess fee's are charged for bandwidth and space useage outside of your agreed hosting plan.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the Creative Mode Hosting Service is to discontinue using the Service.