Terms of Service

Read our Terms of Service carefully.

Scene Group LLC Acceptable Use Policy (AUP) and Terms Of Service (TOS) Use of Scene Group LLC (later on referred to as “Scene Group” in this document) Service constitutes acceptance and agreement to our AUP (Acceptable Use Policy) and TOS (Terms of Service). All service provisions are subject to the AUP (Acceptable Use Policy) & TOS (Terms of Service) of Scene Group. The AUP & TOS may be changed from time to time at the discretion of Scene Group. The client understands that change to the AUP & TOS by Scene Group shall not be grounds for non-payment. AUP & TOS will be referred to simply as "TOS" later on in this document. Scene Group agrees to provide the client with web hosting services for a monthly or annual fee. Clients are allowed to use Scene Group's services for personal and/or business/commercial websites or content.

Content

All services provided by Scene Group may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law in the United States of America is strictly prohibited. This includes, but is not limited to: unauthorized use of copyrighted material, material that is threatening or obscene, material that is listed below in section "Unacceptable content", or material protected by trade secrets and other statue. The client agrees to indemnify and hold harmless Scene Group from any claims resulting from the use of the service which damages the client or any other party.

Unacceptable content

Scene Group does not allow the following or related content on it's servers: Adult/Pornographic, Hacking programs or information, Terrorism related, SPAM/Spamming software, Information that can lead to building of a deadly device, illegal software or warez. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or content that violates with the laws of the United States of America. Links to such materials are also prohibited. Scene Group will be the sole arbiter as to what constitutes a violation of this provision.

Intellectual Property Rights

Material accessible to you through Scene Group's Services may be subject to protection under the United States of America copyright laws, or laws protecting trademarks, proprietary information or trade secrets. Except when expressly permitted by the owner of such rights, you must not use the Scene Group Service in a manner that would violate, infringe, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Scene Group Network. If you use a domain name in connection with the Scene Group Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email

Scene Group strictly denies the sending of Unsolicited Email (SPAM) from or to our servers. This means that the clients of Scene Group may not use or permit others to use our service for sending SPAM Emails. Clients of Scene Group may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service and a report to law enforcement authorities. If a customer is found to be in violation of our SPAM policy, Scene Group may, at its sole discretion, restrict, suspend or terminate a customer's account immediately without further notification. In addition, Scene Group may impose a 100 USD penalty for each spam policy violation. Scene Group solely reserves the right to refuse or cancel service to known spammers. Scene Group reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Scene Group will notify law enforcement officials if the violation is believed to be a criminal offense. Lastly, Scene Group reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Network Security

Customers may not use the Scene Group Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Scene Group 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. Users who violate system or network security may incur criminal or civil liability.

Background-running Applications And Scripts

Scene Group does not allow background-running programs. You are not allowed to compile and run software on our hosting servers. You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. In the event a script affects normal server and/or administrative operations, Scene Group reserves the right to disable the account pending client cooperation and resolution. Scripts we do not allow include: - Chat servers/scripts of any kind are prohibited. -IRC software, bouncers and bots are prohibited. -Network monitors, sniffers or any related tools or scripts that maybe used for hacking purposes are prohibited.

Support Limitations

Scene Group provides technical support to its clients based on an individual SLA contract. Scene Group limits technical support to its area of expertise, this is providing web hosting services and related features. Scene Group does not offer support for application specific issues such as PHP programming, CGI programming, HTML, website design and development or any other such issue. Scene Group does not provide technical support for your clients. Any additional work you may require from Scene Group staff which does not fall within usual support boundaries is charged at a rate of $75 (USD) per hour if not otherwise stated. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: website transfers, script installation & troubleshooting.

Payment

Establishment of this service is dependent upon receipt by Scene Group of payment of all stated charges. Subsequent payments are due on a date that coincides with the date of signup (monthly or yearly terms) or on the due date mentioned in the invoice. Scene Group may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Scene Group may, at its sole discretion, charge a fee of $20 (USD) to unsuspend your account. It is very important you keep all your contact information up-to-date with us current by notifying us of email address changes via email to support@scenegroup.net. Failure to keep us updated with your current email address may mean important communications don't reach you, resulting in suspension or termination of your hosting account. A service charge, equal to the charge incurred by Scene Group, will be charged to your account for each cheque or other form of payment that is returned to Scene Group unpaid.

Refunds and Disputes

All payments to Scene Group are non-refundable, excluding those covered by our 30 day moneyback guarantee. This includes any one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 (thirty) days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Scene Group's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Scene Group an Administrative Fee of not less than $50 (USD) and not more than $200 (USD). All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

Domain Name Expiry and Redemption Fees

Scene Group is not liable for expiry or loss of your domain name. We will automatically renew your domain name registration if we haven't been notified of cancellation 30 days prior to your domains expiration date. Should you fail to pay the registration fee by due date, your domain will be allowed to expire. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates. Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in it's "redemption period" and to renew the domain at this stage will cost extra, depending on the tld of your domain. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Free Domain Promotions And Other Offers

Occasionally we run a promotion and supply a free domain name for the first year when hosting is purchased. In order for this promotion to remain valid, we require you to stay hosting with us for a minimum of 12 months. If you decide to leave before 12 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 12 months or longer and then decide to leave you are free to take the domain at no charge.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Scene Group server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Privacy Policy

Scene Group will in the normal course of it's business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. It is the policy of Scene Group to not disclose any personal information to third parties without prior consent of the individual. This information may be stored in a number of ways including electronic and paper formats. Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity. We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites. As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Refusal of Service

Scene Group reserves the right at its sole discretion to refuse or cancel service. Violation of any of Scene Group's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Cancellations

Requests for cancellation must be submitted via an email to support@scenegroup.net or by entering a support ticket in the SceneDesk customer portal. Your cancellation will be confirmed by Scene Group. Cancellation must be 30 days or more before your next payment is due. Scene Group will then stop all recurring payments due and you will not be billed again. Changing a domain DNS to another provider or transferring a domain away from Scene Group does not constitute a cancellation request. A cancellation request must be submitted to our support and we will then confirm the cancellation date back to you.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Scene Group (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Scene Group, it's agents, it's customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Scene Group against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Scene Group server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Scene Group to the amount paid for service.

Disclaimer

Scene Group will not be responsible for any damages your business may suffer. Scene Group makes no warranties of any kind, expressed or implied for services we provide. Scene Group disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Scene Group and its employees. Scene Group makes no "uptime" guarantees. The Client agrees that Scene Group shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Scene Group's liability for its own negligence is zero, and Scene Group may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Scene Group be liable for any special or consequential damages, loss of revenue or injury. Scene Group can accept no responsibility for any loss of data or consequences arising from this. Scene Group always advises clients to back up their site data regularly for their own protection. Scene Group does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan. Scene Group furthermore expects that it's customers who provide hosting services (resellers) to others will ensure it's customers fully comply with all applicable laws and this Scene Group TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Scene Group then Scene Group will not be responsible for maintaining hosting for the resellers customers. Scene Group has no agreement or responsibility to any resold services. Resold services to others are your own responsibility. All communications (emails, written or verbal) are between Scene Group and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer (as specified in the customer details section when placing your order) and Scene Group. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Scene Group will only be able to communicate with regards to the account with the registered customer and not a third-party. Finally, Scene Group wishes to emphasize that in accepting services, customers indemnify Scene Group for the violation of any law or Scene Group policy that results in loss to Scene Group or the bringing of any claim against Scene Group. This means that if Scene Group is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Scene Group, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.