Spriteworks Developments Remote Hosting Terms and Conditions:
The following is our Acceptable Use Policy (AUP) and Terms of Service (TOS) which governs all of our hosting-related services. By using any part of our remote hosting services (even without reading this agreement) you are nonetheless bound by all of the terms in this agreement as well as the terms contained within our legal agreement. Spriteworks Developments reserves the right to modify, amend, revise, integrate or adapt any portion of this policy at any time and without post or prior notice to you. It is your responsibility to return here frequently and make yourself familiar with this agreement prior to using any of our hosting services and if you have any questions regarding these service you are encouraged to open a ticket at our Help Desk. Spriteworks Developments attempts to provide the best possible service to our customers but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other hosting customers and ourselves against harm.

Payment Policies, Fees, Refunds and Terms of Agreement:
All of our remote hosting services include a 7 day free trial period. Billing starts automatically after your 7-day free trial period expires unless you cancel it before that time. Your account will then be billed once every 30 days or until you decide to cancel it. There is no risk or obligation and you can cancel at any time. There is a limit of one subscription per user. Once your free trial period has been converted to a paid subscription, you are free to purchase additional subscriptions as previous ones are converted. Our secure payment system utilizes convenient, recurrent billing via PayPal, a secure payment processor. As a policy, we do not offer credits or refunds for hosting time already expended. Price changes are not retroactive and will not be applied to existing customer's accounts. We periodically send notifications out to our hosting customers from time to time when new features become available as a courtesy to our users. By subscribing to any of our remote hosting services, you agree to receive these notices. If you would rather not receive these notifications, please let us know.

The above only applies to cancellation by the client. If cancellation is done by Spriteworks Developments due to a restrictions violation, there will be no refunds given. Spriteworks Developments will only allow for the discount if cancellation is not the fault of the client, as determined by Spriteworks Developments. All monetary transactions are in $US dollars. Additional features such as extra space, additional bandwidth, etc can be added at any time. Monthly feature prices are not pro-rated. Spriteworks Developments Hosting reserves the right to modify it's prices at any time.

Account Cancellation:
Cancelling your hosting account is as simple as going to the same page you used to begin your 7 day free trial and clicking on the "Cancel Subscription" button. You must cancel your account or you will be billed at the end of the 7 day free trial period and you will continue to be automatically billed until you do so. Please understand that when you cancel your subscription (wether during the free trial period or after your account has been converted to a paid subscription), your account and any content located on it is deleted within 24 hours.

IMPORTANT: Make certain that you have copies of all your files backed up before you cancel your account!. Spriteworks Developments Hosting can not and will not be held responsible for lost, damaged or deleted files.

Indemnification & Warranty Policy:
Our remote hosting service (as well as all other services we offer) are provided "as is" and you agree to use them at your own risk. Spriteworks Developments specifically disclaims all warranties of merchantability and fitness for any particular purpose either expressed or implied including (but not limited to) warranties of title and noninfringement. In no event shall Spriteworks Developments Hosting be liable for any loss of data or other personal or commercial damage, including but not limited to special, direct, indirect, incidental, consequential, inconsequential or other damages. Customer agrees that they shall defend, indemnify, save and hold Spriteworks Developments harmless from and against any and all demands, liabilities, losses, costs and claims (including attorney’s fees) asserted against Spriteworks Developments, its owners, agents, customers, officers, assigns and employees, that may arise or result from any service(s) provided or agreed to be provided, performed or agreed to be performed and to reimburse Spriteworks Developments with regard to any and all losses, expenses, liabilities and damages incurred by Spriteworks Developments as a result of any breach of this agreement by you including (but not limited to) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person content on the site or illegal, libelous, or defamatory content on the ..

Customer agrees to defend, indemnify and hold harmless Spriteworks Developments Hosting against liabilities arising out of:

* Any injury to person or property caused by any content sold, offered or otherwise distributed in connection with Spriteworks Developments Hosting's server;
* Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
* Infringement of another individual's patent , trademark or copyright.
* Any defective products sold to customers from Spriteworks Developments Hosting's server.
* "Downtime" as defined by any period of time during which the server and any (or all) of it's content may be inaccessible to you as a result of routine maintenance, system problems, hacking, viruses, DoS attacks or other interruptions in the service or losses and/or damage caused by such interruptions.

Spriteworks Developments Hosting shall be the sole judge of what violates this Policy. The same terms outlined in our legal agreement also apply to our hosting services.

Server abuse policy:
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that account without any notice. It is then up to you to contact us and devise a plan to get that account reactivated. We are quick to suspend any account that abuses the server's resources due to the shared nature of the server and the negative impact an abusing account has on other accounts on the same server.

Email & SPAM Policy:
Under no circumstances will Spriteworks Developments be responsible in any way, shape or form, to any person, group or organization for any email communications  you receive or for any content contained within your emails (including but not limited to) viruses, trojans, key loggers or any other email content not specifically named in this agreement or for any violations of privacy, losses, interruptions, errors or damages caused by any email or the content contained in them. Your use of the Spriteworks Developments email services is done entirely at your own risk and without warranties of any kind.

Spriteworks Developments Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either over the Spriteworks Developments Hosting network, by customers or any other users of the Spriteworks Developments Hosting network (including customer's customers) and/or over ANY network— if the message sent advertises or mentions a site hosted on the Spriteworks Developments Hosting server. Responding to any unsolicited commercial email is also prohibited.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Spriteworks Developments Hosting email address or web site URL is prohibited. The use of Spriteworks Developments Hosting servers as a mail drop for responses to activities described above is also prohibited.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse at spriteworks dot com

Content Policy:
All services provided by Spriteworks Developments Hosting 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, Country or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Spriteworks Developments Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. To report abuse originating from or occurring on our servers, please contact: abuse at spriteworks at com.

Pornography and sex-related material is prohibited on all Spriteworks Developments Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Spriteworks Developments Hosting will be the sole arbiter in determining violations of this provision. We reserve the right to delete any content we deem inappropriate at any time and without post or prior notice.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Spriteworks Developments Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable activities, content or links include:

* Pirated software
* Hacker programs or archives
* Warez sites
* MP3's
* Gaming or gambling sites
* Making available any email accounts, FTP space or any other portion of your account.
* Illegal music/file sharing sites
* Distribution of worms, viruses, trojans or other damaging materials.
* Forging of Headers or misrepresenting message headers in email.
* Material protected by trade secrets.
* Exporting encryption software in violation of U.S. export laws.
* The selling of guns, ammunition, illegal drugs, body parts or other such materials.
* Sites with bulk email tools
* Credit card fraud, check fraud, or any type of forgery.
* Hate sites or sites defaming, threatening or harassing others.
* Material harmful to minors.
* Email bombing.

Users who violate systems, network security or use our servers to perpetrate illegal activities may incur criminal or civil liability. Spriteworks Developments Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Spriteworks Developments Hosting shall have the right to terminate all service set forth in this Agreement.

Spriteworks Developments Hosting does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including, but not limited to, adult content, links to adult content web sites, spamming or hacking will result in the immediate termination of your account and all of it's associated content and files without prior notification.

Spriteworks Developments Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Script Hosting Policy:
You are free to use any scripts you wish with the exception of FormMail, AlienForm, any web-mail type script or script that allows users to send mail, Greymatter, IRC Egg Drops and IRC related programs, lstmrge, Proxy Servers and scripts, Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives, chat rooms (or any other script) that constantly refreshes, The Anonymizer and any soap mailers or any script that uses and processes a massive number of flatfiles or large flatfile databases. This list of banned scripts is not all-inclusive and we reserve the right to change  the list at any time and/or to disable any script that effects normal server operation or service to other Spriteworks Development's Hosting customers. You will be notified within 24 hours about any offending cgi script and it will be up to you to remedy any problems it was creating.

We reserve the right to remove any banned scripts listed above if we discover it being used on your account and to suspend the offending account without notice.

Spriteworks Development's Hosting makes no guarantees whatsoever as to the content, quality, accuracy, fitness, availability, security, thoroughness or performance with respect to our remote hosting service or any of the scripts we offer via our remote hosting service or for any other scripts installed on your account wether installed by you or scripts installed by us on your behalf. Nor do we guarantee that any of these scripts will be free of errors. This also includes (but is not limited to) any ad-ons, plugins, themes, modules (mods), "hacks" or other files that you choose to upload to your account. All remotely hosted scripts offered by us are third-party scripts and we only provide installation and hosting for them (along with FTP access and free email). None of our hosting services (including our remote hosting services) are intended for, nor may they be used by anyone under the age of 18. You are completely responsible for your account, the users of your account, visitors, posters, members, participants and all other parties to your site as well as any content contributed by them or activities or services you provide to them through our service. Under no circumstances will Spriteworks Developments, it's owners, agents, assigns or producers be responsible in any way or to any person, group or organization for the conduct of your users or the content contributed by your users or for the behavior of your users in any way, shape or form.

Spriteworks Developments makes absolutely no guarantees with respect to the portability, functionality or quality of any database backups of any scripts installed or hosted on it's servers wether generated by Spriteworks Developments, our hosting customers or another party  or that these database backups will function on other services (such as another hosting service).

Spriteworks Developments is not responsible for any errors, deletions or loss of data that may occur during the upgrading of your script(s), hosted on our servers. By using our remote hosting service, you understand, acknowledge and agree that it is your sole responsibility to back up any modules, add-ons, plugins, language files, themes, logos and any other modifications prior to putting in an upgrade request and that failure to do so may result in these modifications being overwritten.

Spriteworks Developments is not responsible for any intellectual property infringements with respect to your use of any scripts installed or hosted on our servers (including any script/s or other content uploaded by you) but we will authenticate, investigate and take action on intellectual property complaints when they are brought to our attention. By using any script or other such material on our servers, you are bound by the terms of that script's license and it is entirely up to you to become familiar with that license and to make sure that you understand it.

Spriteworks Developments does not actively monitor the accounts of it's users, the content stored on their accounts or content contributed by their users and it is not our responsibility to protect you from such content. Customers are completely responsible for any content located on their site including the content of their users. Also, we cannot guarantee that the script(s) you are using on our servers with our remote hosting service will always be the most recent version. All hosting is done on the tuxfiles.com domain. While we are happy to assist you with the configuration of any script hosted by us as a courtesy via our Help Desk, all scripts are offered "as is" and it is not our responsibility to edit the scripts, configure them for you or to install plugins, ad-ons, themes or other "extras". Please don't expect our support technicians to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers. Customers of our hosting service are 100% responsible for maintaining backup copies of their scripts, databases and any other files that reside on their account, for the management of usernames and passwords and all other aspects of their account(s). Spriteworks Developments automatically assigns passwords to various service on your account. We will not be responsible for lost, damaged, corrupted or hacked files or for lost usernames or passwords under any circumstances.

DO NOT SHARE YOUR PASSWORD(S) OR OTHER SENSITIVE ACCOUNT INFORMATION WITH ANYONE. SPRITEWORKS DEVELOPMENTS WILL NEVER ASK YOU FOR YOUR PASSWORD.

When you open a remote hosting account with us, we use the account name that you provide as both your username and email address prefix. So if you signed up using the account name "johndoe", your URL on our servers would be "http://johndoe.tuxfiles.com" and your email address would be "johndoe@tuxfiles.com". Your account name can consist of up to 50 alphanumeric characters (letters and numbers only) and must not contain any words or phrases that could be construed as racist, hateful, bigoted, threatening, pornographic, illegal, infringing on another's patent or trademark or in any way defamatory of Spriteworks Developments. We reserve the right to decide at our sole discretion what constitutes a violation of this policy and to terminate any account that does not abide by it and without post or prior notice.

Policies Regarding Minors:
Spriteworks Developments does not actively advertise it's services to minors. However, In any and all cases where a customer has authorized a minor to use our hosting-related services, said customer understands, acknowledges and agrees that they are completely responsible for the behavior of the minor including the minor's use of the service,  any content either contributed by them or content they are exposed to while using the service and any resulting consequences thereof.

Traffic Policy:
Spriteworks Developments Hosting allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, mirror sites or any site whose primary purpose is file distribution. Spriteworks Developments Hosting customers are discouraged from storing any files that cause excessive traffic on Spriteworks Developments Hosting servers. Please contact the Spriteworks Developments Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse sale or service to anyone for any reason not prohibited by law. Also we reserve the right to terminate sale or service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Spriteworks Developments Hosting or any other Internet servers such as attempting to probe the server's ports, packet sniffing, denial of service attacks (DOS attacks) will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification.

Support Policy:
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Spriteworks Developments Hosting support staff to teach you how to use aspects of the tools at your disposal. If you have any other support questions, please use the Help Desk. All support (including by phone, FAX, email, help desk, etc) and all other means of communication is provided in English. All script installations are in English as well. However, many of the scripts we remotely host are multi-lingual and allow you to choose your preferred language from the administration section.

Spriteworks Developments Hosting reserves the right to amend our Terms and Conditions at any time and without post or prior notice.