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MPORTANT NOTICE:
*All Payments To Start Are Non-Refundable*
Start ("The Company") agrees to furnish services to the Subscriber, subject to
the following TOS (Terms of Service).
Use of the Start Service constitutes acceptance and agreement to Start's AUP as
well as Start's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Start and AUP (Acceptable Use Policy). The AUP may be changed from time to time
at the discretion of the Company. Subscriber understands that change to the AUP
by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with English
law.
- Disclosure to Law
Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use,
etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition Start shall
have the right to terminate all service set forth in this Agreement.
- Service Rates:
Subscriber acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
- Payment:
Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service.
- Payments and Fees:
Service will be interrupted on accounts that reach 10 days past due. Service
interrupted for nonpayment is subject to a $25 reconnect charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts that are not
collectable by Start may be turned over to an outside collection agency for
collection. If your account is turned over for collection, you agree to pay
the company a "Processing and Collection" Fee of not less than $50 nor more
than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
- Refund and Disputes:
All payments to Start are nonrefundable. This includes any one time setup
fees and subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 45 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in Start's sole
discretion is a valid charge under the provisions of the TOS and /or AUP,
you agree to pay Start an "Administrative Fee" of not less than $50 and not
more than $150.
- Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation:
All requests for canceling accounts must be made in writing to support [@]
start.ps You must have all account information to cancel.
- Subscriber
acknowledges that the service provided is of such a nature that service can
be interrupted for many reasons other than the negligence of the company and
that damages resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
- New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered
into our DNS servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require up to 7 business
days. If the new domain is registered by the account holder, there will be
no handling fee.
- Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another
provider to Start will require a minimum of seven (7) days to be set up and
entered into our DNS servers. In some cases, such transfers may take up to
sixty (60) days. Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific transfer may
take. If the transfer of the domain is done by Start on behalf of the
account holder a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all charges are
considered earned.
- Support Boundaries:
Start, provides 24 x 7 technical support to our subscribers (except for few
holidays and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our guidelines
when providing support: Start provides support related to your server or
virtual site physical functioning. Start does not offer tech support for
application specific issues such as cgi programming, html or any other such
issue. Start does not provide technical support for YOUR customers. If you
can email, we encourage you to email support [@] start.ps for
assistance. If you are able to get online and have other questions, the
answers may be on our support page at
http://www.start.ps/contact.html
- we encourage you to check there first. Lastly, the Help files in the
program you are using may have the answer to your question so please do
investigate these resources before calling tech support.
- SPAM and Unsolicited
Commercial Email (UCE): Start takes
a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of Start may
not use or permit others to use our network to transact in UCE. Customers of
Start may not host, or permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of this policy carry
severe penalties, including termination of service.
- Violation of Start's SPAM
policy will result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, Start will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, Start may restrict customer access to the network to
prevent further violations. If a customer is found to be in violation of
our SPAM policy, Start may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, Start reserves the right to
pursue civil remedies for any costs associated with the investigation of
a substantiated policy violation. Start will notify law enforcement
officials if the violation is believed to be a criminal offense.
- First violations of this
policy will result in an "Administrative Fee" of $100 and your account
will be reviewed for possible immediate termination. A second violation
will result in an "Administrative Fee" of $200 and immediate termination
of your account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research Fees" not to
exceed $150 per hour that Start personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are
ultimately responsible for the actions of their clients over the
RackShack network, it is advisable that Customers develop a similar, or
stricter, policy for their clients.
- Network
- IP Address
Ownership: If Start assigns
Customer an Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to Start, and
Customer shall have no right to use that Internet Protocol address
except as permitted by Start in its sole discretion in connection with
the Services, during the term of this Agreement. Start shall maintain
and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Start, and Start reserves the right
to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could be used with
name-based hosting.
- Bandwidth and
Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes per
month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). Start will monitor Customer's bandwidth and disk usage.
Start shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Start's sole and absolute
discretion. If Start takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance
prior to such action. In the event that a customer exceeds the
included allocation, Start may, at its sole discretion, collect a
deposit, in an amount determined by Start, against customer's credit
card on file with Start.
- System and
Network Security: Users are
prohibited from violating or attempting to violate the security of the
Start Network. Violations of system or network security may result in
civil or criminal liability. Start will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
- Accessing data not
intended for such User or logging into a server or account, which
such User is not authorized to access.
- Attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
- Attempting to
interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
- Forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting.
- Taking any action in
order to obtain services to which such User is not entitled.
- Notification of
Violation:
- Start is under no duty to
look at each customer's or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
- First violation: Any User,
which Start determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation. The
service may be subject at Start's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
violations.
- Second Violation: Users
that Start determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
- We reserve the right, to
drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to
do this before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
- Suspension of Service
or Cancellation: Start reserves the
right to suspend network access to any customer if in the judgment of the
Start network administrators the customer's server is the source or target
of the violation of any of the other terms of the AUP or for any other
reason which Start chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customer's
machines were suspended.
- Start reserves the right to
amend its policies at any time. All Sub-Networks, resellers and managed
servers of Start must adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate Cancellation. You will be
held responsible for the actions of your clients in the matter described on
these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
- Indemnification:
Start wishes to emphasize that in agreeing to the Start Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies Start for any
violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to Start or the bringing of any claim against Start by any
third-party. This means that if Start is sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages awarded
against Start, plus all costs and attorney's fees.
- Miscellaneous
Provisions: You must provide us
with, and keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
- A waiver by the Company of
any breach of any provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
- Subscriber shall not
transfer or assign this Agreement without the prior written consent of
the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
- Start takes no
responsibility for any material input by others and not posted to the
Start Network by Start. Start is not responsible for the content of any
other websites linked to the Start Network; links are provided as
Internet navigation tools only. Start disclaims any responsibility for
any such inappropriate use and any liability to any person or party for
any other person or party's violation of this policy.
- Start is not responsible
for any damages your business may suffer. Start does not make implied or
written warranties for any of our services. Start denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Start.
- It is absolutely forbidden
to host pornographic content or IRC servers on Virtual Server Accounts.
Virtual Server Accounts found hosting this material will be subject to
immediate cancellation without refund.
- Responsability for
Content: You, as Start's customer,
are solely responsible for the content stored on and served by your Start
server.
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