ACCEPTANCE OF TERMS OF SERVICE
As a precondition and requirement to use the services available via StarHosting.com, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and CloudMega, Inc. dba StarHosting.com, its subsidiaries and affiliates (“StarHosting”). Each Subscriber is subject to these Terms, and by using StarHosting services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from StarHosting. Further, Subscriber represents and warrants all information provided by Subscriber to StarHosting has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to StarHosting in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through StarHosting must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
Due to changing technologies, changing laws and the individual and collective needs of our Subscribers, StarHosting reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Subscribers may view the most current version of these Terms at https://www.starhosting.com/tos.html Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the StarHosting.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in Paragraph 3 below.
If Subscriber is registering a new domain name with StarHosting, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement located at http://www.enom.com/terms/agreement.aspx and has read the Registrant Rights and Responsibilities http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
TERM – PAYMENT – RENEWAL OF ACCOUNT AND OF DOMAIN
Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Paragraphs 2.05 and 3.01.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
Automatic Renewal of Hosting Account. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Subscriber’s Hosting Account or Domain(s) StarHosting will send you an invoice for payment. Upon the day of the next billing cycle the Subscriber’s current method of payment on file will be charged. The initial term of this Agreement shall be as set forth in the Registration Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least 24 hours prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity (not changing your current term) to continue service as per contract. Additionally after the initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan, which qualifies for a Free Add On that the Subscriber will be provided with a digital add on registration voucher to be used for purchasing their Free Add On. The add on registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan. Automatic Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), on date of the expiration of Subscriber’s domain, if registered with StarHosting (or one of its Affiliates), or if transferred to and registered with StarHosting (or one of its Affiliates), StarHosting will automatically renew Subscriber’s domain, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of StarHosting. Subscriber hereby releases StarHosting from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why StarHosting is unable to renew said Account or Domain, including but not limited to inability of StarHosting, for any reason, to bill said renewal to Subscriber’s method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, StarHosting may hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
Cancellation of Automatic Renewal of Account or Domain. Subscriber agrees to notify StarHosting of Subscriber’s intent to cancel automatic renewal at least three (3) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to StarHosting, as applicable, by sending same via email to billing@StarHosting.com. This request must include verification of ownership of the hosting account and/or domain(s), as determined by StarHosting. StarHosting does not offer pro-rated refunds for any remaining time of prepaid unused services.
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing StarHosting Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES – REFUND POLICY
Cancellations and Refunds
StarHosting provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions: Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, Domain Registration, One-Time service fee charges. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A)
Cancellations After 3 Days and Before 30 Days
In the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions:
- Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, Enom (Domain Registrar), Geo-Trust (SSL cert, creation), Comodo (SSL cert, creation), Symantec (SSL cert, creation).
- StarHosting will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise StarHosting’s legal rights or defend against legal claims. StarHosting will charge the person or entity for submitting a civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the StarHosting invoice. Checks should be made out to StarHosting. StarHosting’s subpoena compliance costs are as follows: Research-$150.00/hour; Federal Express-Cost as Billed; Copies-$1.00/page; Compact Discs – $10.00/per CD.
- StarHosting will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
- When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service.
- A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
- A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Email DMCA reports to legal@StarHosting.com.
- Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of StarHosting.
- Each individual who is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of StarHosting, regardless of where said individual is located.
- Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of StarHosting.
- Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of StarHosting.
- By you during any Term, without cause, by giving StarHosting no less than two (2) days prior written notice.
- By StarHosting in the event of your material breach of this TOS
- By StarHosting, at any time, without notice, if, in StarHosting’ sole judgment, you are in violation of any terms or conditions of the AUP or SLA.
- By StarHosting, without cause, upon 30 days notice to Customer.
Cancellations After 30 Days
Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, will not receive any refund on services that are paid for and unused due to early cancellation after their initial 30 day start date. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to StarHosting via their online billing interface or email, billing@StarHosting.com. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by StarHosting. Subscriber must also confirm to StarHosting that all emails, files, and databases are preserved and backed up somewhere other than StarHosting server space. Once confirmed the cancellation can be processed following the cancellation policy.
Chargebacks and Reversals
In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee. StarHosting utilizes independent 3rd party collections agencies for the collections of any chargeback fees.
STARHOSTING AS RESELLER OR LICENSOR
StarHosting is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-StarHosting Product”). StarHosting shall not be responsible for any changes in the Services that cause the Non-StarHosting Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-StarHosting Product sold, licensed or provided by StarHosting to User or purchased directly by User used in connection with the Services will not be deemed a breach of StarHosting obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-StarHosting Product are limited to those rights extended to User by the manufacturer of such Non-StarHosting Product. User is entitled to use any Non-StarHosting Product supplied by StarHosting only in connection with User’s permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by StarHosting to User through any Non-StarHosting Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-StarHosting Product, or any technical data derived there from, in violation of any applicable United States or foreign law.
These Terms do not give Subscriber any rights in StarHosting intellectual property or technology. StarHosting and related trademarks and logos are the exclusive property of StarHosting. StarHosting and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar StarHosting from using any knowledge; information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
StarHosting claims no ownership interest in the content of Customer’s web site(s). By submitting content and data to StarHosting, Customer grants to StarHosting, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Customer’s copyrights and other rights, if any, in all material and content displayed in Customer’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on StarHosting servers during the term of these Terms. Customer also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Customer’s cancellation of the Services as set forth herein.
These Terms do not give Customer any rights in StarHosting intellectual property or technology. StarHosting and related trademarks and logos are the exclusive property of StarHosting. StarHosting and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar StarHosting from using any knowledge; information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
SECURITY AND OWNERSHIP
Site Security and Updates
StarHosting uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber’s obligation to maintain and control passwords to Subscriber’s web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber’s user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify StarHosting of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber’s responsibility to update and secure any programs or scripts available via the cPanel interface. Subscriber’s failure to update and secure any programs or scripts available via the cPanel interface may result in StarHosting either updating the programs and scripts or suspending your account services until they are updated. StarHosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services, or due to any updates performed by StarHosting pursuant to the terms of this section.
Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to StarHosting or with one of its affiliates, the process requires and results in the creation of the following within the records of StarHosting, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, MasterCard, etc., Credit Card Number & name thereon, etc.
If a person contacts StarHosting and claims that he or she is entitled to access to an account, website, or domain registered with StarHosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), StarHosting will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, MasterCard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, StarHosting will not give access and control to a claimant unless StarHosting is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring StarHosting to give such access and control to said claimant or unless there is submitted to StarHosting at legal@StarHosting.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of StarHosting or of its affiliates shall not be deemed effective to give notice to StarHosting or its affiliates of any changes in said access or control. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against StarHosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases StarHosting from all liability and all claims for damages or any other liability whatsoever that may arise out of StarHosting following said policy and procedure. Subscriber further agrees to indemnify Star Hosting for any damages it incurs, including attorney fees and costs, arising from StarHosting following of said policy and procedure.
License to StarHosting
StarHosting claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to StarHosting, Subscriber grants to StarHosting, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on StarHosting servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.
Transfer of Ownership
StarHosting is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with StarHosting or its affiliates. By accessing StarHosting’s system, registering, or using any of the services provided by StarHosting, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with StarHosting or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.
StarHosting will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with StarHosting or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager (legal@StarHosting.com) a written statement (in a form acceptable to StarHosting or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) StarHosting is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring StarHosting (or affiliate) to transfer such ownership to said claimant.
Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within StarHosting; and, further, that any other changes made directly by Subscriber or by others within the online records of StarHosting or of its affiliates shall not be deemed effective to give notice to StarHosting or its affiliates of any changes in said ownership.
Disputing Site or Account Ownership Disputes
In the event that an account ownership dispute is to arise between or among multiple persons claiming ownership of or rights in a site hosted by StarHosting or in an associated StarHosting account. StarHosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by StarHosting or in an associated StarHosting account, and, in StarHosting’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then StarHosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves StarHosting of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what StarHosting, in its sole judgment, deems to be a reasonable time, then StarHosting, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Illinois, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse StarHosting for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to StarHosting under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
The StarHosting commitment to our Subscribers’ privacy is set forth in this section. Except as required by law or as otherwise provided herein, StarHosting will take commercially reasonable steps to ensure your right to privacy. Encryption. When Subscriber orders from StarHosting, Personal Data Transmissions are encrypted. When Subscriber orders from StarHosting, all of Subscriber’s personal information is protected. StarHosting uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with StarHosting, subject to specific confidentiality agreements, StarHosting will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
All accounts are predefined based on the package of the Subscriber’s choice with set email lists, databases, and hard disk amounts. Subscriber may add to and from their set package as needed but not to decrease below the initial packages offering.
All inbound bandwidth is unlimited for each package. Outbound bandwidth is defined based on the Subscriber’s purchased amount as well as predefined within the initial purchased plan. StarHosting will charge an overage fee for any outbound bandwidth that exceeds the defined purchased package.
It will be at the discretion of StarHosting to take action to limit or terminate an account that exceeds the standard usage set forth by the predefined paid package of the subscriber. This includes but not limited to email lists, databases, hard disk allocation, outbound bandwidth usage, and any other services provided through the usage of StarHosting’s shared environments.
Overriding Administrative Discretion
StarHosting reserves the right to intervene at any time within our web server environments to assure the stability and efficiency of each and every hosted account within our shared hosting platforms. Said intervention could potentially affect any TCP/IP service supplied to these accounts within our web servers and is not strictly limited to the HTTP, database activities, or email-related services. Our goal is to assure 99.999% uptime for all critical functions of our web servers, every day, of every year.
Cookies for Improving Our Web Site
Cookies for Banner Rewards Program
Cookies for Subscriber Account Management
Breach of Terms and Account Termination
The uses of StarHosting Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of StarHosting) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.
Spamming, whether or not it overloads the Services or disrupts service to StarHosting’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. StarHosting requires that all email messages contain an automated opt out. We do not allow purchased lists. StarHosting’s Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company Spam rules. StarHosting reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, StarHosting allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account. It will be at further discretion of StarHosting to limit email exchange in the event of over use in defined package as well as having any negative effects on the server’s performance.
No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals.
Private Information and Images
Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
Violations of Intellectual Property Rights
Any violation of any person’s or entities intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. StarHosting is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. Anonymous Proxies. StarHosting does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software are prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. StarHosting is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activity that is determined by StarHosting, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. StarHosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in StarHosting’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, StarHosting’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of StarHosting’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with StarHosting in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
COPYRIGHT, TRADEMARK, AND “IP RIGHTS HOLDER” NOTICE OF INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, StarHosting has adopted a policy that provides for termination of websites hosted by StarHosting that are found to infringe on copyrights, trademarks or other intellectual property rights of third parties (each an “IP Rights Holder”) If a IP Rights Holder believes that there has been a violation of his or her copyright on a website that is hosted by StarHosting or a StarHosting subsidiary, and the IP Rights Holder wants StarHosting to remove the website or disable the material in question, StarHosting will remove the website or disable the material if the IP Rights Holder provides us with all of the following information.
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER (CloudMega, Inc. 1464 N. Milwaukee, Chicago, IL., 60622 USA) AND/OR FAX (FAX # 773-697-9720) . DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
StarHosting may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and StarHosting will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
For its own operational efficiencies and purposes, StarHosting from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON STARHOSTING SERVERS, AND under no circumstance will StarHosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any StarHosting server. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by StarHosting may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, StarHosting does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if StarHosting becomes aware of any violation of these Terms, StarHosting may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via StarHosting, and/or removing non-complying information. In addition, StarHosting may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest.
StarHosting reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. StarHosting may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect StarHosting or others from harm, and/or to ensure the proper operation of the Services. StarHosting.com has no obligation to notify any person, including the Subscriber about whom information is sought, that StarHosting has provided the information.
Accurate Account Information
Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on StarHosting in order to avoid termination of Subscriber’s StarHosting account(s).
Duty to Notify StarHosting of Breach
If Subscriber discovers anyone on the StarHosting system violating any of these Terms or notices anything suspicious from the StarHosting network, Subscriber agrees to report the violation or suspicious activity to tos@StarHosting.com for investigation. StarHosting reserves the right to and will immediately terminate any account, which StarHosting concludes to be in violation of any of these Terms.
Reservation of Rights
StarHosting reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with StarHosting.
These Terms are binding upon StarHosting, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
These Terms shall be governed by the laws of the State of Illinois without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of StarHosting, Subscriber agrees that all disputes, if any, involving StarHosting shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Illinois; provided, further, that all action brought against StarHosting in State Court must be brought in Cook County, Illinois and, if in Federal Court, in Cook County, Illinois. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving StarHosting. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Illinois’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against StarHosting outside the State of Illinois; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Illinois, shall be deemed to support and to stipulate to a motion made by StarHosting to dismiss said lawsuit with respect to StarHosting.
WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. STARHOSTING HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY STARHOSTING OR STARHOSTING’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. STARHOSTING DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. STARHOSTING DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. STARHOSTING DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR STARHOSTING IN PARTICULAR.
Limitations on StarHosting’s Liability
STARHOSTING SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL STARHOSTING BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT STARHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. STARHOSTING SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. STARHOSTING’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL STARHOSTING’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO STARHOSTING FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, STARHOSTING’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of StarHosting
You, the Subscriber, agree to defend, indemnify and hold StarHosting, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from StarHosting’s own gross negligence or willful misconduct. StarHosting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries (“Sanctioned Countries”) on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. “Sanctioned Countries” shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively “Prohibited Organizations/Entities” and individually “Prohibited Organization/Entity”) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively “Prohibited Individuals” and individually “Prohibited Individual”), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
This Agreement may be terminated:
If you terminate this TOS, or if StarHosting terminates this TOS for your breach, before the end of the Term you will be required to pay immediately and without delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts that you owe to StarHosting under this TOS including, but not limited to, bandwidth overage charges.
If you provide, in writing, your desire to cancel Service(s) or Server(s) 15 days or more in advance of the end of the current Term; StarHosting, at its sole discretion, may prorate your bill for your final Term to the amount of time the Service(s) or Server(s) are used during the final Term.
To provide your notice of termination, you must submit a cancellation ticket via the ticketing system and fill out the corresponding cancellation form to initiate the cancellation of your service(s) or server(s). You will be required to confirm that you want to cancel your service(s) or server(s) a second time once StarHosting has received the ticket and sent you a response asking for the second confirmation.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO STARHOSTING SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON (S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR STARHOSTING ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
(END of Terms of Service)