Terms, Conditions and Acceptable Use Policy

Thunderbird Productions ("Thunderbird") provides web page hosting, marketing, and development. Thunderbird Productions has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Thunderbird's general policy is to act as a provider of internet presence. Thunderbird Productions has specific ethical concerns regarding the use of its computers detailed below. Thunderbird reserves the right to suspend or cancel a customer's access to any or all services provided or resold by Thunderbird when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Thunderbird Productions is strictly prohibited.

Unauthorized use of other people's accounts or computers
Thunderbird Productions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Thunderbird customer, whether or not the attacked account or computer belongs to Thunderbird Productions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Abuse of Unlimited Traffic
Thunderbird customers are privileged to be offered unlimited traffic. Unlimited traffic applies to all standard web documents (JPEG, GIF and HTML). All other types of files (such as ZIP, MP3, etc.) are subject to 3 gigabytes (GB) of transfer a month. Sites containing paid advertisements, such as banner ads, are allowed 6 GB of transfer per month. Any customer who exceeds this limit will be notified by Thunderbird to resolve the situation.

To maintain the integrity of our service the following limitations apply:

Thunderbird Productions will be the sole arbiter as to what constitutes a violation of this provision

Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms without prior approval fromThunderbird Productions.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on a pre-pay basis. Registration with InterNIC is free; however, there will be a $70.00 charge from InterNIC for the usage of the domain for a term of 2 years. Each year after will result in an additional $35.00 charge billed directly to the customer. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Thunderbird Productions in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation

Thunderbird Productions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Thunderbird if Thunderbird institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Lawful Purpose

Thunderbird reserves the right to refuse service to anyone. Customers may only use Thunderbird's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Thunderbird Productions expressly forbids anyone from using Thunderbird's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Thunderbird management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Thunderbird Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Thunderbird Productions, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Thunderbird Productions against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Thunderbird's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Thunderbird's server.

Disclaimer

Thunderbird Productions will not be responsible for any damages your business may suffer. Thunderbird makes no warranties of any kind, expressed or implied for services we provide. Thunderbird disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Thunderbird and its employees. Thunderbird Productions reserves the right to revise its policies at any time.

Failure to follow any term or condition will be grounds for immediate account deactivation.