Scene Group Oy Acceptable Use Policy (AUP) and Terms Of Service (TOS)
Use of Scene Group Oy 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 Oy. The AUP & TOS may be changed from time to time at the discretion of Scene Group Oy. The client understands that change to the AUP & TOS by Scene Group Oy shall not be grounds for non-payment. AUP & TOS will be referred to simply as "TOS" later on in this document. Scene Group Oy agrees to provide the client with web hosting services for a monthly or annual fee. Clients are allowed to use Scene Group Oy's services for personal and/or business/commercial websites or content.Content:
All services provided by Scene Group Oy may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law in Finland or 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 belod in section "Unacceptable content", or material protected by trade secrets and other statue. The client agrees to indemnify and hold harmless Scene Group Oy from any claims resulting from the use of the service which damages the client or any other party.Unacceptable content:
Scene Group Oy 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 Finland or the United States of America. Links to such materials are also prohibited. Scene Group Oy will be the sole arbiter as to what constitutes a violation of this provision.Intellectual Property Rights:
Material accessible to you through Scene Group Oy's Services may be subject to protection under Finland or 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 Oy 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 Oy Network. If you use a domain name in connection with the Scene Group Oy 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 Oy strictly denies the sending of Unsolicited Email (SPAM) from or to our servers. This means that the clients of Scene Group Oy may not use or permit others to use our service for sending SPAM Emails. Clients of Scene Group Oy 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 Oy may, at its sole discretion, restrict, suspend or terminate a customer's account immediately without further notification. In addition, Scene Group Oy may impose a 100EUR penalty for each spam policy violation. Scene Group Oy solely reserves the right to refuse or cancel service to known spammers. Scene Group Oy reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Scene Group Oy will notify law enforcement officials if the violation is believed to be a criminal offense. Lastly, Scene Group Oy 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 Oy 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 Oy 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 Oy 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 Oy 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 Oy provides 24/7 technical support to its clients. Scene Group Oy limits technical support to its area of expertise, this is providing web hosting services and related features. Scene Group Oy 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 Oy does not provide technical support for your clients. Any additional work you may require from Scene Group Oy staff which does not fall within usual support boundaries is charged at a rate of 40.16EUR per hour. 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 dependant upon receipt by Scene Group Oy of payment of all stated charges. Subsequent payments are due on a date that coincides with the date of signup (monthly or yearly terms). Scene Group Oy 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 Oy may, at its sole discretion, charge a fee of 16.39EUR 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.eu. 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 Oy, will be charged to your account for each cheque or other form of payment that is returned to Scene Group Oy unpaid.VAT and Payment Currency:
EU clients will be billed in EUR (euros) and a VAT of 22% will be added to the price. Clients in the rest of the world will also be billed in EUR with VAT not applicable to pricing.Refunds and Disputes:
All payments to Scene Group Oy 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 Oy's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Scene Group Oy an Administrative Fee of not less than 40EUR and not more than 150EUR. 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 Oy is not liable for expiry or loss of your domain name. We will automatically renew your domain name registration if we havent 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 its "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 Oy 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 Oy will in the normal course of its 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 Oy 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 Oy reserves the right at its sole discretion to refuse or cancel service. Violation of any of Scene Group Oy'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.eu. Your cancellation will be confirmed by Scene Group Oy. Cancellation must be 30 days or more before your next payment is due. Scene Group Oy will then stop all recurring payments due and you will not be billed again. Changing a domains DNS to another provider or transferring a domain away from Scene Group Oy 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 Oy (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 Oy, its agents, its 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 Oy 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 Oy 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 Oy to the amount paid for service.Disclaimer:
Scene Group Oy will not be responsible for any damages your business may suffer. Scene Group Oy makes no warranties of any kind, expressed or implied for services we provide. Scene Group Oy 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 Oy and its employees. Scene Group Oy makes no "uptime" guarantees. The Client agrees that Scene Group Oy 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 Oy's liability for its own negligence is zero, and Scene Group Oy 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 Oy be liable for any special or consequential damages, loss of revenue or injury. Scene Group Oy can accept no responsibility for any loss of data or consequences arising from this. Scene Group Oy always advises clients to back up their site data regularly for their own protection. Scene Group Oy 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 Oy furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Scene Group Oy 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 Oy then Scene Group Oy will not be responsible for maintaining hosting for the resellers customers. Scene Group Oy 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 Oy 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 Oy. 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 Oy will only be able to communicate with regards to the account with the registered customer and not a third-party. Finally, Scene Group Oy wishes to emphasize that in accepting services, customers indemnify Scene Group Oy for the violation of any law or Scene Group Oy policy that results in loss to Scene Group Oy or the bringing of any claim against Scene Group Oy. This means that if Scene Group Oy 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 Oy, 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.