TERMS AND CONDITIONS
This agreement represents the complete agreement and understanding between Star Online Limited and Customer
and supersedes any other written or oral agreement. Upon notice published
on-line via starol.co.uk, Star Online Limited may modify these terms and conditions, augment them, and/or modify the
prices, as well as discontinue or change services offered.
1. Star Online Limited makes
absolutely no warranties whatsoever, expressed or implied, for the service it is
providing beyond that outlined in the NETWORK UPTIME guarantee (below).
Star Online Limited also disclaims any warranty of merchantability or fitness
for a particular purpose. Star Online Limited shall not be liable to Customer
or any of its customers for any claims or damages which may be suffered by
Customer or its customers, including, but not limited to, losses or damages of
any and every nature, resulting from the loss of data, inability to access the
Internet, or inability to transmit or receive information, caused by, or
resulting from, delays, non deliveries, or service interruptions whether or not
caused by the fault or negligence of Star Online Limited. In case of a domain
name registration dispute, the liability of Star Online Limited will be capped
at the retail value of the domain name registration in any and every
case.
2. This service may be used only for
lawful purposes. Transmission of any material in violation of any foreign,
municipal, state, county or federal statute or regulation is prohibited. This
includes, but is not limited to: copyrighted material, material legally judged
to be threatening or obscene, or material protected by trade secret. Star Online Limited may, at its sole discretion, immediately discontinue such service
to Customer, without any liability other than for the refund of remaining whole
month hosting fees. Customer must notify Star Online Limited in writing to
cancel service. Fees for set-up or our design\development service are not refundable. Client agrees to indemnify
and hold harmless Star Online Limited from and against any and all claims,
actions, causes of actions, administrative or government action, losses or
damages (including legal fees and expenses) arising from the usage by
Customer.
3. The use of any data or information
received by Customer or its clients from the utilization of the service to be
provided by Star Online Limited is at Customer and its client´s sole and
absolute risk. Star Online Limited specifically disclaims and denies any
responsibility for the completeness, accuracy or quality of information obtained
through the services to be provided hereby.
4. Customer shall ensure that its use
of Star Online Limited network services shall not disrupt Star Online Limited, its associated networks or equipment forming part of the systems. Customer
shall not transmit any communication where the meaning of the message, or its
transmission or distribution, would violate any applicable law and regulation or
would likely be offensive to the recipient thereof. No message may be mass
distributed, "broadcast", or otherwise sent on an intrusive basis to any
Star Online Limited user or to any directly or indirectly attached network.
Use of Star Online Limited connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined by Star Online Limited shall be considered a breach of this Policy and may result in cancellation
of service.
5. Customer has no authority, apparent
or otherwise, to contract for, or on behalf of Star Online Limited, or in any
other way legally bind Star Online Limited in any fashion, nor shall Customer
be authorized to make any representations about Star Online Limited or its
services other than to reiterate to its clients Star Online Limited
responsibilities as outlined in this agreement.
6. Star Online Limited reserves the
right to make changes to the above terms and conditions of this agreement upon
thirty (30) days written notice to Customer, advising of the change and the
effective date thereof. Changes in monthly service fees shall become effective
only at the end of any period for which Customer has prepaid for the respective
period. Utilization of the service by Customer and/or its clients following the
effective date of such change shall constitute acceptance by Customer of such
change(s) in terms.
NETWORK UPTIME
Star Online Limited guarantees that the network will be available 99.9% of the time in a given
month, excluding scheduled maintenance. We will refund the
customer 5% of the monthly (yearly payments divided by 12) fee per additional 30 minutes downtime (up to a
maximum of 100% of one hosting month's fee). Network uptime includes functioning
of all network infrastructure including routers, switches and cabling.
Network downtime exists when a particular customer is unable to transmit
data to and receive data from our ISP's data centre and our ISP records such failure in there monitoring
system. A claim against the Network downtime guarantee must be accompanied
by two "trace routes", each trace route must use a different ISP.
30 DAY MONEY BACK GUARANTEE (new accounts only)
With all of our hosting packages you are given an unconditional 30 day money
back guarantee. You can cancel your account for any reason within 30 days of
activation and we will give you a full refund minus a £15 (GBP)
administration fee and any additional handling fees. Our guarantee does not apply
to any additional services including but not limited
to domain name registration, additional disk space, or additional data transfer and
our design and development service. Please note, no refunds will be available after 30 days.
CANCELLATIONS
We are sorry but we can not accept cancellations made over the telephone or through e-mail
(Businesses must use headed paper when cancelling). Accounts that are cancelled by us due to
a breach in our terms and conditions will not qualify for our any refunds. Cancellations must
be received in writing either through fax or postal mail (head office). We will then send
you confirmation once we receive your cancellation.
14 days notice must be made for Cancellation of any services
WEB DESIGN/DEVELOPMENT
Every Web site/Web page we develop is tested with at least two versions of
Microsoft Internet Explorer, Netscape and Opera (windows platform) depending on your requirements
we can not guarantee that they will look or function the same when view on different browsers
and/or versions and platforms.
You agree that if you request our services for design and development that you agree to select
one design from a maximum of 3 possible design templates reflecting your specification and theme.
If you require further design templates these will be charged at an additional cost.
BILLING
If you have taken out our PCS (Personal Care Service) we will invoice or debit your account every calander month on the date of purchase or on the last day of the month where appropriate. If you have been invoiced you agree to settle the invoice within 14 days net from the date of invoice. We accept payments made by cheque, however the hosting/work may not be started until clearance, unless prior arrangements are made with us. Any declined payments will automatically mean suspension of the hosting or work. If such payment is not received within fourteen working days of the declined payment we will discontinue any hosting/work and forward an invoice to you inclusive of work already carried out, plus an administration charge of £25 (GBP). All cheque(s) must be made payable to 'Star Online Limited'. Payments made through your credit/debit card must be authorised by the bank for any hosting or services are provided. You acknowledge that once you have commissioned any work for web design/development and you wish to cancel this work, you will be liable to pay the full amount of monies owed.
PAYMENTS
The Customer will ensure that all payments are received by us on or before the due date.
LATE PAYMENTS
We reserves the right to suspend services without notice should the customer fail to make the due payment by or on the due date. A reinstatement of services will cost £20.00 for each service reinstated.
RENEWAL OF SERVICES
We will inform you at least 21 days prior to your services expiring, if you do not reply we will continue to deliver your services for an additional period.
Cancellations of services after a renewal date will be charged £40 per service plus any additional cost relating to usage and domain name registrations.
PRICES
Prices for services are guaranteed for the period that the customer purchased. We do not guarantee to reduce a customer's charges should our charges be reduced at a later date.
FURTHER CONDITIONS
If any provision of these conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions. Acceptance of these conditions shall be deemed to be a contract made in England and therefore subject to the laws of England and Wales and the jurisdiction of the English courts.
GENERAL INFORMATION
The Internet is a voluntary
association of users interested in and willing to exchange information and data
with other Internet users. At present there is no oversight group providing
governance over the principles, policies or procedures for use of the Internet
or the information and data accessed via the Internet.
In order to facilitate their
contractual relationship the Customer and Star Online Limited wish to define a
working protocol of principles and policies and establish operating guidelines
and acceptable standards of use of the Internet.
To this end the parties agree as
follows:
Principles Governing Acceptable use
of the Internet by the Customer
Responsibility and Respect - The
Internet is a network intended for use by mature, adult users. The Customer
recognizes this principle and undertakes at all times to act with respect,
courtesy and responsibility, giving due regard to the interests and rights of
other Internet user groups. This general guideline carries with it the following
specific responsibilities:
a) Knowledge of the Internet - The
Customer agrees to obtain a basic knowledge of the Internet and its operating
principles and procedures.
b) Improper Uses - Zero
tolerance policy in effect. UCE Abusers will be suspended without
warning pending review. The Customer will avoid
violation of certain generally accepted guidelines on Internet usage such as
restrictions on mass mailings, mass advertisements, pirating or copying of
software, mail bombing or other methods of attempting to deny service or access
to other users, and attempts to violate security.
c) Compliance with Laws - The Customer
will ensure that its use of the Internet complies with all applicable federal,
state and local law and regulation, including but not limited to those
principles of law which protect against compromise of copyrights, trade secrets,
proprietary information and other intellectual property rights, libel or
defamation of character, invasion of privacy, tortuous interference, and export
of technical or military data to prohibited countries.
d) Validation of Information - The
Customer is responsible for validating the integrity of the information and data
it receives or transmits over the Internet.
e) Security - The Customer is required
to protect the security of its Internet account and usage. The Customer(s)
password will be treated as private and confidential and not disclosed to or
shared with any third parties.
f) Discretion and Judgment - The
Customer is expected to use discretion in the treatment and handling of Internet
information and data and to take particular care to insure that adult
information is not transmitted to juvenile users of the Internet.
g) Pornography - Due to legal and
social issues, we reserve the right not accept any new customers who publish
pornographic images. If an existing customer publishes pornographic images,
Star Online Limited may issue a warning and/or suspend your account.
End.