Terms Of Service And Acceptable Usage Policy
Please read these terms and conditions closely.
All items are enforced by Star Global Advanced IT Corp Ltd. (STAR GLOBAL.ca) Your Content and your use of the Services provided by Star Global Advanced IT Corp Ltd.;
- Will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Will not violate any laws, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Will not be obscene or contain child pornography or, if otherwise harmful to minors;
- Will not contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- Will not link directly to or include descriptions of goods and services that you do not have a right to link to or include
- Will not include unreasonable distribution of mass e-mails to parties who do not wish to receive such e-mails or have not affirmatively acknowledged that they wish to receive such e-mails.
Commercial Advertising/Mass Mailings
No level of spam distribution by e-mail is tolerated and any such conduct will result in your account being shut down.
You must not use the STAR GLOBAL or STAR GLOBAL.ca and/or equipment to originate the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Nor must any messages originating from elsewhere announce or otherwise advertise a website or service hosted by StarGlobal.ca.
A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, Star Global reserves the right to disable your Domain without notice. We pull first, ask questions later.
STAR GLOBAL solely reserves the right to refuse or cancel service to known spammers.
STAR GLOBAL reserves the right to determine what violates this policy. As such, any violation will result in cancellation of services without refund.
Any work required by our staff to repair our systems after any spam will be billed at the hourly rate then in force.
Hosting clients who run opt-in mailing list software or other collection methods for their website must require subscriber authentication before completing the process for the end user. Additionally, clear instructions on subscription and un-subscription options must be provided in each email that is sent to the mailing list recipients and also provided in a clearly marked area on the clients website.
You may not use your email service with STAR GLOBAL to advertise services hosted by a third-party hosting company.
STAR GLOBAL.ca provides service on a pre-paid, credit card basis only. Terms are "Due on receipt" and your supplied card will be billed on your service renewal date. If payment is not received, your account and all services will be suspended until the account is current. You agree that the services being purchased from STAR GLOBAL are pre-paid services and fees paid for services, regardless of term subscription length will not be refunded.
You also agree that you are fully eligible to be refunded full fees paid for the first 30 days should you find that STAR GLOBAL does not, or can not provide the services that you have purchased.
Once the original 30-day period has expired, no refunds will be issued. Additionally, under no circumstance will we issue refunds for domain names or SSL certificates that have been purchased or renewed on your behalf by STAR GLOBAL - regardless of the date of cancellation.
Unless otherwise requested, all invoices are only sent by email and the payment is always due on receipt or 30 days where noted. We will process payment on your credit card the day your service renews. If payment is declined, we will send you an email indicating payment failure and will attempt to process payment again 2 days later. We will try 3 times to process your payment, sending you an email each time the payment declines. After the 3rd attempt, your account is considered past-due and we will email you an overdue notice with warning that suspension is forthcoming should we fail to receive your payment.
We require that all new accounts are setup to pay using a credit card for the first full year of service. There may be exceptions to this requirement, please contact our email@example.com for further information.
For new and established accounts, we can process payments on your Visa, Mastercard, and American Express credit cards.
If your account has been approved for payment by cash/cheque or other means, we will extend you terms of Net 30. Should payment not arrive within 30 days of the issued invoice, we will email you an over-due notice with warning that suspension is forthcoming should we fail to receive your payment.
As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize STAR GLOBAL Advanced IT Corp Ltd. from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You.
In order for continuity of service, you authorize STAR GLOBAL to charge your credit card for any outstanding moneys owed for your services on your billing renewal date. Any questions regarding the billed amount must be indicated through our email firstname.lastname@example.org within 30 days of receipt of statement or acceptance of charges will be considered final.
Solely in order to comply with the payment provisions of this Agreement for the Services, You agree to allow STAR GLOBAL, at our discretion, to perform a credit check on You and You agree to provide STAR GLOBAL with either: (a) the credit card particulars as described in this Agreement and to authorize STAR GLOBAL to charge applicable Charges to such credit card; (b) if applicable, other forms of payment such as cash or check.
Alternate arrangements may be made should your credit card have any problems. Please contact our billing department at email@example.com or 250-381-2800 if you require alternate arrangements.
We must receive your cancellation request in writing either by email to firstname.lastname@example.org or by fax to 1-250-381-2806. STAR GLOBAL will not accept cancellations by phone. A representative from STAR GLOBAL.com's Billing Department will process the cancellation during business hours. Billing Department hours are Monday through Friday, 9:30 A.M. to 5:30 PM PST.
To cancel your service before it's renewed for another cycle, written cancellations must be received by STAR GLOBAL's a minimum of ten (10) days prior to the end of your current billing cycle. Cancellations submitted later than this time may result in automatic renewal of your service. Unless otherwise requested, cancellations will be effective at the end of your current billing cycle.
STAR GLOBAL does not monitor, and will not automatically cancel accounts for issues related to non-usage, domain name transfers, lapsed domains, or any other issues not directly related to STAR GLOBAL services. Cancellation of services does not relieve the customer from paying any outstanding balance owed, or unbilled overages incurred on the account. STAR GLOBAL reserves the right to cancel any account, without notice.
STAR GLOBAL reserves to alter and change the terms of the Pricing Schedule at any time, upon one months prior notice to Customers. STAR GLOBAL shall provide notice of such changes to You, the Customer by posting conspicuous notices on our website at: http://www.starglobal.ca. You agree that Your use of the Services after notification of any changes to the Pricing Schedule shall constitute notice to STAR GLOBAL that You have agreed to the terms of the Pricing Schedule.
User ID/System Access Information
You are provided with a user identification number ("UserID") and a password. It is Your obligation and Your responsibility to safeguard the confidentiality and monitor any usage or Services provided in connection with the UserID and the password. Any charges associated with the UserID and the password are Your responsibility and You shall bear any risk of loss thereto (including charges for Services).
Each STAR GLOBAL.ca Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice.
Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs Background Daemons in general are prohibited.
STAR GLOBAL.ca will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
STAR GLOBAL.ca currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers.
STAR GLOBAL.ca reserves the right to refuse service to anyone wishing to use our services.
STAR GLOBAL.ca is not responsible for the Content of our clients.
STAR GLOBAL.ca cannot guarantee that we will notice or prevent any inappropriate use of this system. This includes but not limited to underage persons, or persons acting under false pretenses.
STAR GLOBAL.ca cannot guarantee that we will notice or prevent Users from registering with false demographic information.
STAR GLOBAL.ca is not responsible for damage or loss, (data, financial, or otherwise) caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstance beyond our control.
STAR GLOBAL.ca provides no guarantee for clients using our shared services and no refunds will be issued for unavailable time. Clients with Dedicated Servers will have their specific SLA (Service Level Agreement) included with their signed contract.
Please contact us for clarification on different products.
Investigations of violations of the Acceptable Use Policy
StarGlobal.ca will cooperate with all Government officials, international organizations and law enforcement authorities seeking to clarify whether any User has violated the AUP StarGlobal.ca and Users pledge to comply with all applicable laws in such investigation. Privacy is of fundamental importance to StarGlobal.ca, who will respect and protect the privacy of Users. Private information will be disclosed to law enforcement authorities only as required by law.
StarGlobal.ca will not knowingly host illegal content if such content is determined to be illegal by a court of competent jurisdiction. Although StarGlobal.ca is unable to monitor all content, StarGlobal.ca will make a reasonable effort to investigate legitimate complaints about alleged illegal content or network abuse, and will take appropriate action. Prior to taking any action, upon receipt of such complaints StarGlobal.ca will: (a) conduct an internal review to determine the nature and location of the content or abuse, and where warranted; (b) consult with legal counsel and/or outside authorities, and/or; (c) notify the User or User of the complaint, with a request for a response within seven days. If the complaint concerns copyright infringement, StarGlobal.ca will comply with all copyright laws of applicable jurisdictions and reserves the right to remove such offending item or Content at any time. If you have any questions about these terms, or if you would like information about using any material in this site, please contact our Administrator(s).
This website is owned and operated by STAR GLOBAL Advanced IT Corp. Ltd. ("STAR GLOBAL"). All content included on our site, such as photographs, illustrations, images, and text (referred to as "Content") is owned by Users, STAR GLOBAL or third parties. All Content is protected by U.S., Canadian and international copyright laws, The STAR GLOBAL logos and 'starglobal.ca' are trademarks of STAR GLOBAL and may not be used without the prior written consent of STAR GLOBAL. If you have any questions concerning the use of STAR GLOBAL or the STAR GLOBAL Logo, please contact us at <email@example.com>.
You may view and download Content for your personal, noncommercial use only, provided you keep intact all credits and copyright and proprietary notices. To reproduce, republish, distribute or publicly perform or display or use the Content for any other purpose, you must first obtain our express written permission.
By contributing or submitting pictures, jpegs, gifs, product commentaries, message board postings, product photographs, or any other Content, you warrant that you have all rights to post such Content to this site, either as the owner of such Content or as someone who has obtained the permission of the owner of such Content to post same to this site.
STAR GLOBAL may wish to use your Content in marketing or promotional materials. STAR GLOBAL will ask for your permission prior to such use and will hold all such Content in confidence until you have given STAR GLOBAL permission to use your Content.
STAR GLOBAL respects intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied, and is accessible on a STAR GLOBAL Website in a way that constitutes copyright infringement, you may notify STAR GLOBAL via our designated contact <firstname.lastname@example.org>.
STAR GLOBAL WEB HOSTING AGREEMENT
This legal document is an agreement between You, the Customer, and STAR GLOBAL ADVANCED IT CORP. LTD. ("STAR GLOBAL"). BY SIGNING THE ATTACHED FORM YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT WHICH INCLUDES THE TERMS OF SERVICES, LIMITED WARRANTY AND EXCLUSION OF LIABILITY.
THIS AGREEMENT is between STAR GLOBAL ADVANCED IT CORP. LTD., a company incorporated under the laws of British Columbia, Canada, and the undersigned user of the information contained on the STAR GLOBAL site ("Customer" or "You").
1.1 "Internet" means the world-wide network of computers commonly understood to provide some or all of the following features, among others: electronic mail, file transfers through File Transfer Protocol ("FTP"), Telnet access to local and remote computers, UseNet Newsgroups, Gopher access to information on local and remote computers, Wide Area Information Servers ("WAIS"), and World Wide Web access.
1.2 "STAR GLOBAL's Web Server(s)" means the computer or computers and related equipment owned by STAR GLOBAL or its affiliates to make Your Web Site accessible to Internet users 24 hours per day.
1.3 "Pricing Schedule" means the amount payable by You to STAR GLOBAL for services rendered pursuant to the plan You have selected set out in the payment schedule and any further charges incurred by but not limited to maintenance of hardware or software, past-due charges, extra services and/or hardware and/or software. The payment schedule will be presented to the Customer prior to signing this Agreement and is thus bound by this Agreement.
1.4 "Services" means the services described in the plan You have selected set out at <http://www.starglobal.ca/>.
1.5 "Web Site" means a series of interconnected Web Pages.
1.6 "Colocated" means a server placed at STAR GLOBAL's serving location, belonging either to the Customer or rented and/or leased to the Customer by STAR GLOBAL.
2.1 You acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, STAR GLOBAL can make no guarantee that any given End-User shall be able to access the Server at any given time. STAR GLOBAL represents that it shall use reasonable commercial efforts to ensure that the STAR GLOBAL Web Server is available as widely as possible and with as little service interruption as possible.
2.2 PROHIBITED USES. You will comply with STAR GLOBAL's Acceptable Use Policy ("AUP") in relation to material hosted on Your web site. This acceptable use policy is available at <http://www.starglobal.ca/>.
2.3 Violation of any of the terms of Agreement or the AUP by Customer entitles STAR GLOBAL to terminate this Agreement and Customer's access to the STAR GLOBAL Web Server at any time, without notice. PLEASE NOTE THAT STAR GLOBAL STRICTLY ENFORCES THIS POLICY AND WILL PROSECUTE ANY VIOLATION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
3. Server Hosting
3.1 You hereby retain STAR GLOBAL to store, as indicated below, a World Wide Web Site (the "Web Site") for You on STAR GLOBAL's Web Server and/or a Colocated Web Server.
3.2 STAR GLOBAL agrees to make Your Web Site available to Internet users approximately 24 hours per day, to back-up STAR GLOBAL 's Web Server at least once every week, and to store said back-up materials in a safe and secure environment, fit for the back-up media, and not located at the same location as the STAR GLOBAL Web Server periodically, but no less than once a week. Also as part of this service, STAR GLOBAL agrees to use its best efforts to ensure reasonable response times for users accessing STAR GLOBAL 's Web Server. You will give STAR GLOBAL periodic weekly reports outlining and describing system outages, bugs, errors or downtimes and any like incidents, whether or not such incidents cause Your Web Site to be off-line and inaccessible over the Internet generally. If an incident occurs such that Your Web Site is inaccessible over the Internet generally, STAR GLOBAL agrees to dedicate resources to ensure that Your Web Site is on-line and accessible over the Internet generally.
3.3 Domain Name - All domain names or other Internet addresses for Your Web Site are Your sole property. STAR GLOBAL may be identified as the Administrative Contact for all matters pertaining to such domain names and other addresses but STAR GLOBAL has no authority to act as Your representative or agent relative to such domain names and other addresses, and in the event STAR GLOBAL is named as the Owner or Administrative Contact for such domain names and other addresses, STAR GLOBAL shall on Your demand, execute any documents that You may require to ensure that all such domain names and other addresses are Your sole and exclusive property.
4. Responsibility and Control.
(a) Responsibility and Control. You shall inspect and monitor the Web Site frequently to ensure that no material therein is in violation of the AUP. You shall be solely responsible for the content of the Web Site. You authorize STAR GLOBAL to undertake any independent inspection of the Web Site to determine its compliance with the AUP. To the fullest extent permitted by law, the Web Site shall be deemed to be exclusively "under the control" of You and not "under the control" of STAR GLOBAL.
(b) Indemnity. You agree to indemnify, defend with counsel selected by STAR GLOBAL, protect and hold harmless STAR GLOBAL, its general partners, officers, directors, employees, agents, assigns and successors in interest (collectively the "Indemnitees") from and against all claims, demands, suits, causes of action, legal or administrative proceedings, actual damages (including but not limited to special and consequential damages), punitive damages, penalties, fines, charges, costs, liens, injuries, losses, debts, liabilities, and expenses of every kind whatsoever paid, incurred or suffered by, or asserted against, any of the Indemnitees directly or indirectly related in any way to Your Web Site. To the fullest extent permitted by law, this indemnity shall apply regardless of the fault, active or passive negligence, or breach of warranty or contract by any of the Indemnitees.
(a) "Default" means any of the following: (i) upon the failure of any account to be debited by STAR GLOBAL for Charges or for non-payment; (ii) Your breach of the AUP; (iii) and/or any breach by You of any other provision of this Agreement or of any statute or regulation, where such breach continues for ten days following written notice thereof from STAR GLOBAL to You.
(b) Upon any Default, in addition to any and all other remedies available under law to STAR GLOBAL, STAR GLOBAL may at its option restrict access by You and/or the public to all or any part of the Web Site. Following Your cure of such Default and written assurance to STAR GLOBAL that such Default will not recur, STAR GLOBAL shall restore full access to the Web Site.
6. Warranty and Limitation of Liability
6.1 NO WARRANTY - THE WEB HOSTING SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, DURABILITY FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, STAR GLOBAL MAKE NO WARRANTIES OF TITLE; THAT THE SOFTWARE USED FOR THE WEB HOSTING SERVICES MEETS YOUR REQUIREMENTS, ARE FREE FROM INTERRUPTION OR ERRORS OR MEET ANY RESPONSE TIME.
6.2 NO INDIRECT DAMAGES - IN NO EVENT SHALL STAR GLOBAL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH SOFTWARE DATA, OR SERVICES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY STAR GLOBAL 'S NEGLIGENCE AND EVEN IF STAR GLOBAL HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. PROVISION OF THE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE CONTENT HOSTED ON YOUR WEB SITE. STAR GLOBAL HAS NO CONTROL OR MEANS OF CONTROLLING ANY CONTENT (INCLUDING MESSAGES, STATEMENTS, INFORMATION OR PICTURES) POSTED OR HOSTED BY YOU AND THEREFORE EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH SUCH CONTENT WHETHER TO YOU, TO END USERS OR TO ANY OTHER THIRD PARTY.
6.3 LIMITS ON LIABILITY - IF FOR ANY REASON, STAR GLOBAL BECOMES LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract or tort), INCURRED IN CONNECTION WITH THIS AGREEMENT THEN THE AGGREGATE LIABILITY OF STAR GLOBAL FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY YOU AND ALL OTHER PARTIES, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE CHARGES PAID FOR THE MONTH FOLLOWING THE EVENT GIVING RISE TO THE CLAIM.
6.4 General Indemnity - You shall defend or settle any claim made or any suit or proceeding brought (including an action for libel or slander) against STAR GLOBAL insofar as such claim, suit or proceeding directly or indirectly arises out of Your website or violation of the terms of this Agreement.
7.1 Complete Agreement - This is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter contained herein. STAR GLOBAL IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN WRITING.
7.2 Governing Law - This Agreement and performance hereunder shall be governed by the laws of British Columbia and any disputes shall be referred to the courts of British Columbia.
7.3 Non-Waiver - The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
7.4 Assignment - Customer may not assign any of its rights under this Agreement without the consent of STAR GLOBAL.
8. TERMS OF CONTRACT
8.1 Services - If the Services refer to Colocated servers (including but not limited to Customer's property, whether owned at the time of the contract or by lease from STAR GLOBAL), Customer shall be prepared to enter into and be bound to this contract for a minimum term of 3 months from the date of the Customer signing same contract, or for a term decided by, and at the sole discretion of STAR GLOBAL.
8.2 Payment - This contract outlines term payments on services and products provided to the Customer by STAR GLOBAL. STAR GLOBAL agrees to provide in rental to the Customer a computer for the duration of the contract, after which the Customer may, or may not, purchase same computer under terms set forth by and at the sole discretion of STAR GLOBAL. All prices associated with services or products rendered to the Customer shall be identified in a separate Pricing Schedule.