Terms of Services from WebStar IT Managed Support And Services, herein referred to as (WebStar IT), constitutes agreement to these terms.
Hosting and Content: All services provided by WebStar IT Hosting may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.
Further, the following content is prohibited on WebStar IT Web Hosting accounts, as are links to such content:
- Pornography and sex related merchandising, includes sites that may imply sexual content, or link to adult content elsewhere.
- Websites that promote any illegal activity or content or files that may be damaging to WebStar IT servers or any other server on the Internet.
- Medical, psychiatric/psychology, illegal, get rich quick or hate material
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Distribution of music files or any other material for which the account holder does not own the copyright
- Game Servers (dedicated game server programs)
- Housing of any of the following files is considered a violation of the terms of service: IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited, as are programs that act like an IRC server or that provide chat functions that run as background processes, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
- Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
- PortScanning: we do not allow any kind of portscanning to be done on or from our servers.
WebStar IT will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to customer.
Commercial Advertising – Email: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY prohibited. While we attempt to be fair, WebStar IT will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in/Opt-out mail programs and email that either directly or indirectly references a domain contained within an account at WebStar IT.
Unconfirmed Mailing Lists: subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Customer must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any WebStar IT hosted domain (website), or referencing any WebStar IT account is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including but not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
Unacceptable Software and Server Abuse: Use of the following is in violation of our Terms of Service, and shall result in immediate termination of the account:
ShoutCast Servers – Shoutcast Servers are not allowed due to bandwidth and load issues.
Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse – any attempts to undermine or cause harm to a WebStar IT server or Customer of WebStar IT is strictly prohibited including, but not limited to:
Logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
You will be held responsible for all actions performed on your account whether it is done by you or by others.
Scheduled Maintenance and Downtime: WebStar IT is a web host reseller and will use it’s commercially reasonably efforts to provide services 24 hours a day, seven days a week. Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond the control of WebStar IT or which are not reasonably foreseeable by WebStar IT, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. WebStar IT will attempt to provide at least 48 hours advance notice to Customer for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. WebStar IT has no responsibility for downtime resulting from a user’s actions.
Limitations on Use, Cancellations and Non-Payment: WebStar IT maintains the right to cancel accounts at its discretion. Any web hosting account using 15% or more of the server CPU or memory will be suspended and/or terminated. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Account Billing and Termination: Web hosting accounts will be billed monthly. We normally will send an email invoice approximately one week prior to the lapse of your monthly account.
Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date. If your account has been disabled, you will be charged a reconnection fee of up to $25 in order to re-enable your account. Alternatively, the account may be terminated and all information within the account will be deleted within 5 days after account termination. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.
Methods of Payment: Credit Card, PayPal
Paying by Check: orders for customers who wish to pay by check will be set up when the check is received and clears our bank.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Parked Domain Names: There is a one-time, non-refundable fee of $30 for parking additional domain names (pointing a domain name to your website domain name).
Disclaimer: WebStar IT shall not be responsible for any damages your business may suffer. WebStar IT makes no warranties of any kind, expressed or implied for services we provide. WebStar IT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WebStar IT and its employees.
Backups and Data Loss: Use of these services is at your sole risk. WebStar IT is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on WebStar IT servers.
Backup and Services for Customers: All services such as Backup/Restore and cPanel are provided to our customer under our IT services. We will do our best to help; however, it is the sole responsibility of the Customer to maintain Customer’s own backup of any data. WebStar IT is not responsible for lost data or for lost data due to software that we do not maintain. (cPanel is not associated with WebStar IT or it’s hosting accounts.)
Transfers: Our transfer team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best. However, in some cases we may be unable to assist you in a transfer of data from an old host.
Limitation of Damages: Recovery of damages from WebStar IT may not exceed the amount of fees it has collected on the account.
Refunds: 10-day Money Back Guarantee. If you wish to cancel your web hosting account within 10 days of ordering it, we will refund your funds promptly, less any setup fees you have paid.
Violation of Terms of Service: In addition to the above, any violation of our Terms of Service Agreement shall result in no refund. This includes, but is not limited to, criminal actions that result in termination of a web hosting account.
Legal Stuff: INDEMNIFICATION Client agrees to indemnify, defend and hold WebStar IT and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will WebStar IT or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will WebStar IT or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by WebStar IT. WebStar IT and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if WebStar IT or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold WebStar IT responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of WebStar IT and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of WebStar IT and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
General Legal: These Terms of Service are a legally binding contract between Customer and WebStar IT Web Hosting. By opening an account, Customer agrees to the above-stated terms.
These Terms Of Service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the Terms of Service is open to interpretation and change by WebStar IT Web Hosting without prior notice.
All prices, with the exception of the 10-day money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. WebStar IT Web Hosting maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 10 days prior notice.
Lastly, we reserve the right to refuse service to anyone for any reason.