Terms of Use

Terms of Use

Modification
Highliner Studios reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes Highliner Studios may reasonably make to this agreement when such changes are made. If you have purchased services or software from Highliner Studios, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You can find the latest update time at the bottom of this page.

You agree that you will be responsible for notifying Highliner Studios should you require to terminate your use of Highliner Studios’s services. Notification of your intent to terminate must be provided at least 5 days prior to your billing date.

Privacy
Highliner Studios will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email only or by phone.

Satisfaction Guaranteed
30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from Highliner Studios during the first 30 days of service, you may request in writing via email or by the cancellation form within your client area that your services be discontinued, at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
Please note that in order to take advantage of the 30 Day Money Back Guarantee, you must have used less than 50% of your available bandwidth.

New Accounts
All new shared and reseller hosting accounts purchased on our order page are set up instantly by our system, after an online fraud check. You will receive several emails including login details after your purchase, as well as the login details for your client area. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Highliner Studios, this process may sometimes be delayed.

Domain Names and Domain Registrations
In order for your domain name to point to the Highliner Studios server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.Highliner Studios.com and secondary- ns*.Highliner Studios.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you might not be using the same DNS as before.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Highliner Studios and away from your original registrar. You will need to contact us or submit a support ticket to initiate a domain transfer.

Highliner Studios will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Highliner Studios does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a support ticket.

Content
Highliner Studios believes in freedom of speech. However, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if Highliner Studios is made aware of any questionable content on a Highliner Studios-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Highliner Studios server that copyrights their own material or that they wish to be removed, we require a proper written notice to begin investigation. Even though the aggregate bandwidth you may use is not limited in some accounts, your web site must be used primarily for the display of HTML pages, and the total amount of data transferred from your web site space may not exceed one megabyte for every two html page views. All use of web site space shall be subject to all the terms and conditions set forth herein. Highliner Studios retains the authority to restrict your website as to file types and size, and to restrict transfer rates or amounts.

Liabilities
Highliner Studios makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Highliner Studios be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Payments and Agreement to Pay
As consideration for the software or services purchased by you and provided to you by Highliner Studios, you agree to pay Highliner Studios at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Highliner Studios expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

All hosting accounts, including VPS and dedicated servers, are billed at the same date as when you signed up, be it monthly, semi-annually or annually.

If for any reason, Highliner Studios is unable to charge your payment method for the full amount owed, or if Highliner Studios is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Highliner Studios may peruse all available remedies in order to obtain payment. You agree that among the remedies Highliner Studios may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that Highliner Studios shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Late Payments
If at any time, your hosting payments become past due, you will receive notifications via email (3 notifications in total, to the most recently updated email address on file within your client area) with instructions on rectifying the situation. Please note that Highliner Studios holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts and servers will get automatically suspended of service if payment for hosting is not received 7 days after the due date.

All Accounts 5 days past due will be assessed a $10 late fee, which will be added to the invoice.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the previously mentioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 60 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that Highliner Studios holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

Please address any questions regarding payments to our billing department by opening a ticket in our support area.

Dedicated Servers
Payments are due every month on the date of signup. They are considered late after 5 days following the due date. Payments past due are subject to a $10 late fee, which will be added to the original invoice. If the server is suspended, payments are subject to a $25.00 reconnection fee.

Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Cancellations
Shared/Reseller/VPS/Dedicated
If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Highliner Studios staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination
If, for any reason, Highliner Studios fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Highliner Studios to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled, your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Bandwidth Usage Policy
All leased dedicated server plans include an allocated continuous data transfer rate of 4.5 Mbps in a 30-day calendar month, which is an approximate quantity of 1,500 GB of data transfer. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your 30 day billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps – 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50

If you anticipate high bandwidth usage, please contact our sales department via our support center for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: The rate of 1 Mbps of continuous data transfer in a 30 day period is aproximately 320 GB of bandwidth.

Last updated: January 11 2009

ACCEPTABLE USE POLICY

Highliner Studios is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Highliner Studios will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact our abuse department by submitting a support ticket or via our contact form.

Modification
Highliner Studios servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Highliner Studios service agrees to indemnify and hold harmless Highliner Studios from any claims resulting from the use of the service that damages the subscriber or any other party.

No online pharmacies are allowed on our network.

Highliner Studios will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Legal Adult Content is allowed.

Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Highliner Studios shall be the sole arbiter of what is considered to be a high server usage level.

Chat Rooms
Highliner Studios does not provide nor allow chat rooms on shared hosting environments. You may elect for a Dedicated Server or VPS to run a chat room efficiently.

Background Running Programmes
Highliner Studios does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC
Highliner Studios does not allow IRC servers, IRC bots, or IRC shells to be operated on our servers.

Backups
Highliner Studios performs daily system backups on all servers to ensure critical files are never lost in case of a hardware failure. However, Highliner Studios is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy. You may opt to backup your data to a secondary account or dedicated backup account. Please contact the sales department for more information on this.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Highliner Studios’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Highliner Studios to provide this knowledge or support outside matter specific to Highliner Studios servers.

UCE (Unsolicited Commerce Email) – SPAM
Spamming, or the sending of mass unsolicited email, from or through a Highliner Studios server or using an email address that is maintained on a Highliner Studios machine is STRICTLY prohibited. Highliner Studios will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Highliner Studios server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $100.00 fine and will face an immediate suspension. See our Mail Policy for more details.

Server Abuse
Any attempts to undermine or cause harm to a Highliner Studios Sites server or customer of Highliner Studios is strictly prohibited.

Any sub-networks of Highliner Studios and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution
Highliner Studios’s shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact the sales department for a special arrangement.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Highliner Studios Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names
Highliner Studios will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Highliner Studios does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Actions Taken by Highliner Studios
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Highliner Studios will be the sole arbiter as to what constitutes a violation of the AUP. Highliner Studios reserves the right to remove any account without prior notice.

When Highliner Studios becomes aware of an alleged violation of its AUP, Highliner Studios will initiate an investigation. During the investigation, Highliner Studios may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Highliner Studios may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Highliner Studios will notify the appropriate law enforcement authorities of such violation.

Highliner Studios does not issue credits for outages incurred through service disablement resulting from AUP violations.

Highliner Studios customers agree to indemnify and hold harmless Highliner Studios from any claims resulting from the use of our services that damages them or any other party. The Highliner Studios service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Highliner Studios expressly disclaims any representation or warranty that the Highliner Studios service will be error-free, secure or uninterrupted. No oral advice or written information given by Highliner Studios, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Highliner Studios and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
Highliner Studios reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Last updated: January 11 2009

Highliner Studios is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Highliner Studios will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact our abuse department by submitting a support ticket or via our contact form.

Modification
Highliner Studios servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Highliner Studios service agrees to indemnify and hold harmless Highliner Studios from any claims resulting from the use of the service that damages the subscriber or any other party.

No online pharmacies are allowed on our network.

Highliner Studios will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Legal Adult Content is allowed.

Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Highliner Studios shall be the sole arbiter of what is considered to be a high server usage level.

Chat Rooms
Highliner Studios does not provide nor allow chat rooms on shared hosting environments. You may elect for a Dedicated Server or VPS to run a chat room efficiently.

Background Running Programmes
Highliner Studios does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC
Highliner Studios does not allow IRC servers, IRC bots, or IRC shells to be operated on our servers.

Backups
Highliner Studios performs daily system backups on all servers to ensure critical files are never lost in case of a hardware failure. However, Highliner Studios is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy. You may opt to backup your data to a secondary account or dedicated backup account. Please contact the sales department for more information on this.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Highliner Studios’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Highliner Studios to provide this knowledge or support outside matter specific to Highliner Studios servers.

UCE (Unsolicited Commerce Email) – SPAM
Spamming, or the sending of mass unsolicited email, from or through a Highliner Studios server or using an email address that is maintained on a Highliner Studios machine is STRICTLY prohibited. Highliner Studios will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Highliner Studios server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $100.00 fine and will face an immediate suspension. See our Mail Policy for more details.

Server Abuse
Any attempts to undermine or cause harm to a Highliner Studios server or customer of Highliner Studios is strictly prohibited.

Any sub-networks of Highliner Studios and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution
Highliner Studios’s shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact the sales department for a special arrangement.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Highliner Studios Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names
Highliner Studios will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Highliner Studios does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Actions Taken by Highliner Studios
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Highliner Studios will be the sole arbiter as to what constitutes a violation of the AUP. Highliner Studios reserves the right to remove any account without prior notice.

When Highliner Studios becomes aware of an alleged violation of its AUP, Highliner Studios will initiate an investigation. During the investigation, Highliner Studios may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation,Highliner Studios may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense,Highliner Studios will notify the appropriate law enforcement authorities of such violation.

Highliner Studios does not issue credits for outages incurred through service disablement resulting from AUP violations.

Highliner Studios customers agree to indemnify and hold harmlessHighliner Studios from any claims resulting from the use of our services that damages them or any other party. The Highliner Studios service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.Highliner Studios expressly disclaims any representation or warranty that the Highliner Studios service will be error-free, secure or uninterrupted. No oral advice or written information given by Highliner Studios, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Highliner Studios and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
Highliner Studios reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Highliner Studios has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as “spam”.

Definition of spam
An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with “UCE/UBE Abuse” if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Highliner Studios customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server’s uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

The number of messages allowed to be sent per hour, per domain, is 350 messages.

You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

Bulk mailings must specifically state how the persons’ e-mail addresses were obtained and must indicate the frequency of the mailing.

Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid “reply to:” address may be used instead.

All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Prohibited Uses of Highliner Studios Network Systems and Services Regarding Spam
Sending Unsolicited Bulk Email (“UBE”, “spam”)
The sending of any form of Unsolicited Bulk Email through Highliner Studios’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Highliner Studios’s servers, is prohibited. Highliner Studios accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists
Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Highliner Studios customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Highliner Studios fhosted domain, or referencing any Highliner Studios account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges. If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.
Highliner Studios believe that strong electronic privacy is crucial for the ongoing success of the Internet as a service, commercial and entertainment medium. To this end, unless you designate otherwise, the information you enter here will be known to only two parties: you and Highliner Studios. We pledge that Highliner Studios will not release your personal data to anyone else without your consent – period. You may change the status of whether you wish to receive Highliner Studios offers and communications at any time. When we do present information to our advertisers, unless you tell us otherwise, it is in the form of aggregate statistics compiled among all of our visitors’ answers to survey questions as well as grouped on-site behavior.

• What information does Highliner Studios gather/track and how is it used?

• With whom does Highliner Studios share the information it gathers/tracks?

• What is Highliner Studios unsubscribe and data-removal policy?

Use of traffic data

Each time a visitor comes to a Highliner Studios Web site, we collect some information to improve the overall quality of the online experience. At Highliner Studios content, we collect the visitor’s domain name (e.g., whether the user is logged on from ibm.com or yale.edu), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to a Highliner Studios Web site), and browser and platform type (e.g., a Netscape browser on a Macintosh platform). Highliner Studios site collect visitor information for purposes of product monitoring, product improvement and targeted advertising. We also count, track and aggregate the visitor’s activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within Highliner Studios properties, etc.). To these ends, we may merge information about you into group data, which may then be shared on an aggregated basis with our advertisers; but Highliner Studios will not disclose your individual identity or personal data without your permission. When Highliner Studios does present aggregated information to outside companies, no one will be able to identify you or contact you.

Use of cookies

Highliner Studios Web sites may use cookies for internal reporting. Cookies are a standard Internet technology that allow us to both store and retrieve login information on a user’s system. Other companies which place advertising on our site also have the ability to assign their cookies to you in a process that Highliner Studios does not control. However, cookies cannot be used to identify individuals, only machines, so these advertisers will not know who you are – and Highliner Studios will not tell them without your consent.

Use of Email and URL Addresses Collected from Free Submission or META Tags Generator

Email and URL addresses used for our free submission and free META Tag generator are logged in a log file for tracking purposes and will not be used to send unsolicited email. The email addresses and URL addresses are forwarded in real time to various search engines via the free submission page. We have made sure in advance that the search engines we submit to do not use this information to send unsolicited email. However, please note that a few of these search engines may send you an auto response, confirming your submission

Use of Email Addresses Collected from Newsletter and Mailing List Subscriptions

After signing up to receive any of Highliner Studios Newsletters or mailing lists by email, users will start receiving newsletters or emails delivered on a daily, weekly, or monthly basis, as well as occasional product-related announcements.

On Highliner Studios Web sites that offer newsletters, we collect subscribers’ email addresses in order to distribute those newsletters and product-related announcements. In addition, Highliner Studios has entered into agreements with a number of other companies to distribute Highliner Studios newsletters and mailing lists to users on their systems. Highliner Studios newsletters and mailing lists are also offered in a number of Newsletter Partner sites, all of which require a user’s email address for distribution. In the case of those email addresses collected by our Partners, email addresses are either forwarded to us for maintenance by Highliner Studios, or are kept and maintained exclusively by our Partners under privacy conditions acceptable to Highliner Studios. If you are concerned about the privacy policies of a Newsletter Partner site, please contact the webmaster of that site.

Users can choose to unsubscribe from Highliner Studios newsletters or product-related announcements at any time by following the unsubscribe instructions found in each email.

Use of Data from Paid Submissions or Optimization Services

All website information provided for our paid submission and optimization services will only be forwarded to search engines, directories and Free For All pages for listing purposes. All credit card information will be kept strictly confidential. Note that to avoid SPAM and unwanted email from automated replies for our 2500+ search engine submission, we will not provide your email address to the engines; instead we will provide them our own email address.

It will take 6 days to complete the validation. Please note if error are high it can take longer period of time, our team will get back to you in case of more time required.

If you have agreed to allow Highliner Studios to make your information available to outside organizations, we will use our reasonably best efforts to ensure that your individual data is no longer distributed by Highliner Studios after your removal request. However, Highliner Studios is not responsible for the removal of your personal information from third-party lists if you have previously authorized Highliner Studios to distribute it.

From time to time, Highliner Studios may introduce new products and services to its users. To the extent these new products and services affect this policy, this policy will be updated. You will be informed of these updates and any privacy conditions related to these services.

In case for further clarification please feel free to write to us at info@highlinerstudios.com

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.

Contact Details If you have any questions or concerns regarding this Terms Of Use, or you wish to contact us by phone or postal mail, our contact information is as follows:

swalker@highlinerstudios.com

Phone: 805-637-4297

HighlinerStudios.com

Santa Barbara, CA 93109

This Terms Of Use was last updated on 5-1-10.