Service Terms

Whereas, Starweb Pro Host is an information provider connected to the Internet offers storage and transfer services over the Internet through access to its Web Server; Whereas, Customer seeks to utilize Starweb ProHost server for its own purposes; Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Starweb ProHost can make no guarantee that any given reader shall be able to access Starweb ProHost server at any given time. Starweb ProHost represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;  FINANCIAL ARRANGEMENTS  Customer agrees to a thirty (30) day contract minimum (or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service. There are no setup charges and if the customer wishes to cancel Starweb ProHost services within thirty (30) days of the initial signup they shall be able to do so for any reason and have their money promptly refunded. This contract will automatically renew for successive thirty (30) day periods (or six (6) or twelve (12) month periods, depending on length of pre-payment) for the life of the contract until canceled in writing. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. "30-Day Money-Back Guarantee" offer only applicable to credit card payments. Other forms of payment are non-refundable. Domain registrations are not refundable under any circumstances.  TAXES  Starweb ProHost shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Starweb ProHost's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.  MATERIAL & PRODUCTS  Customer will provide Starweb ProHost with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Starweb ProHost. Starweb ProHost shall make no effort to validate this information for content, correctness or usability. Use of Starweb ProHost service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Web space by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTP Web space contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. The Customer agrees that he or she has the necessary knowledge to create Customer's Web space. Customer agrees that it is not the responsibility of Starweb ProHost to provide this knowledge or Customer Support outside of the defined service of Starweb ProHost. Starweb ProHost will exercise no control whatsoever over the content of the information passing through the network. Starweb ProHost makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Starweb ProHost also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Starweb ProHost is at the Customer's own risk, and Starweb ProHost specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Starweb ProHost expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. The term "unmonitored bandwidth" on some of the plans means that within reason, users will not be charged for bandwidth use with that plan. Within reason extends to a total use per month of 2GB.. sites that use more than this, or when extrapolating current usage look to exceed it may be asked to cut back on usage, and or pay for excess use. Note that currently 99% of subscribers come nowhere near that amount of use. The customer agrees to make use of Starweb ProHost servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any Starweb ProHost server, and if your processes are adversely affecting server performance disproportionately Starweb ProHost reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes. Starweb ProHost specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Starweb ProHost may, at its option and at any time, reject this material, including but not limited to after it has been put on Starweb ProHost Server. Starweb ProHost agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Starweb ProHost. If the Customer fails to modify the material, as directed by Starweb ProHost, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.  TRADEMARKS & COPYRIGHTS  Customer warrants that it has the right to use the applicable trademarks, if any.  HARDWARE, EQUIPMENT, & SOFTWARE  The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Starweb ProHost. Starweb ProHost makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Starweb ProHost service.  AGE  The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.  INTERNET ETIQUETTE  Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Starweb ProHost may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Starweb ProHost. All messages transmitted via Starweb ProHost should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.  TERMINATION  This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Starweb ProHost will accept termination by electronic mail. Notwithstanding the above, Starweb ProHost may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Starweb ProHost reserves the right to charge a reinstatement fee. SPAMMING and MASS MAILING   Starweb has very strict spamming and mass mailing rules. We have a zero tolerance. If a Starweb client spam's once then the account will be terminated and a service fee will be added to their billing. Starweb will charge the clients account $50 per complaint for spamming. A maximum charge of $200 will be charged. No access to the clients site will be authorized after a complaint. The client accepts these rules by purchasing one of Starweb's hosting packages.  LIMITED LIABILITY  Customer expressly agrees that use of Starweb ProHost's Server is at Customer's sole risk. Neither Starweb ProHost, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Starweb ProHost's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Starweb ProHost Server service, unless otherwise expressly stated in this contract. Under no circumstances, including negligence, shall Starweb ProHost, its offices, agents or any one else involved in creating, producing or distributing Starweb ProHost's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Starweb ProHost Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Starweb ProHost's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Starweb ProHost's Server service. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.  LAWFUL PURPOSE  Customer may only use Starweb ProHost's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on Starweb ProHost's Server for the purpose of illegal distribution or infringement. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Starweb ProHost's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Starweb ProHost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.  INDEMNIFICATION  Customer agrees that it shall defend, indemnify, save and hold Starweb ProHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Starweb ProHost, its agents, its customers, servants 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 Starweb ProHost against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Starweb ProHost's Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on Starweb ProHost Server.