Shooting Star, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided
by Shooting Star, Inc. are to be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in violation of
any United States Federal, State or Local law is prohibited. This includes, but
is not limited to: copyrighted material, material we judge to be threatening or
obscene, material that jeopardizes national security, or material protected by
trade secret or other laws. The subscriber agrees to indemnify and hold harmless
Shooting Star, Inc., from any claims resulting from the subscriber's use of Shooting
Star's services which damages the subscriber or any other party.
Note: illegle Pornography is prohibited on any Shooting Star, Inc. shared account. This includes sites that may imply illegle sexual content, or link to adult content elsewhere that has or implies illegle sexualcontent or activities. This is also true for sites that promote any illegal activity or content that may be damaging to Shooting Star servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
Shooting Star, Inc. 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 the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
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 or network.
Commercial Advertising - Email -
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - 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 Shooting Star server or subscriber of Shooting Star or Shooting Star Hosting is strictly prohibited including, but not limited to:
You will be held responsible
for all actions performed by your account whether it be done by you or by others.
All sub-networks of Shooting Star, Inc. and all dedicated servers must
adhere to the above policies.
Scheduled
Maintenance and Downtime
Shooting Star will use its commercially
reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber
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 Shooting Star's control
or which are not reasonably foreseeable by Shooting Star, including the interruption
or failure of telecommunications or digital transmission links, hostile network
attacks, or network congestion or other failures. Shooting Star will provide at
least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will
use commercially reasonable efforts to minimize any other disruption, inaccessibility
and/or inoperability of its web servers. Shooting Star has no responsibility for
downtime resulting from a user's actions. Also, the 100% network uptime guarantee
does not apply for shared accounts.
Refunds
Refunds will be posted for FULL months only, with the exception of
plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated,
Virtual Private, and Dedicated servers are not included for the 30 Day Money Back
Guarantee. Notice of cancellation must be given before the month in question begins.
Setup fee is NON refundable. $14.95 will be deducted from the money refunded if
the user's domain was registered via Shooting Star, Inc.'s free domain registration
method.
There are no refunds or 30 day guarentees on any special packages.
30 day guarentee only applies to the Silver Gold and Platnum packages.
Any
violation of Shooting Star, Inc.'s Terms of Service Agreement shall result in
no refund.
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended
and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. Shooting Star maintains the right to cancel accounts at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the
account billing date. The account will not be charged again until the next month's
billing cycle. Billing dates are on the first and 15th of every month.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Shooting Star, Inc.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
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 fee of $15 for parking additional domain names. This fee is nonrefundable.
Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.
Domain Name Transfers: Shooting Star shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Free Domain Name Registration: Shooting Star will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.
Free registration is for the first year only, subsequent renewals are $15 per year that the domain is renewed for.
If Free SSL Secure Certificate was chosen in lieu of the
5 free domain names (on Professional Plan promotional offer only) this offer extends
to the first year the certificate is issued and is for new signups only. Payment
for subsequent certificate renewal is the sole responsibility of the customer
and must be made in advance prior to certificate renewal. Please contact support@liquidweb.com
for renewal requests.
Courtesy Services for
Customers
All services such as backup and Cpanel are provided for
the courtesy of the subscriber. It is the sole responsibility of the subscriber
to maintain the subscriber's own backup of any data. Shooting Star, Inc. is not
responsible for lost data or for lost data due to third party software that is
not maintained by Shooting Star, Inc. programming staff. (Cpanel is not associated
with Shooting Star, Inc.)
Limitation of Damages
Recovery of damages from Shooting Star may not exceed the amount of fees it
has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Shooting Star, Inc.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Shooting Star, Inc. administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.
Any violation of these Terms of Service will result in termination of the account. Shooting Star, Inc. maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute
Resolution
Any dispute between Shooting Star and a subscriber shall
be determined by arbitration conducted by the American Arbitration Association
pursuant to its commercial arbitration rules. The arbitrator shall decide any
dispute in accordance with Michigan law, without the application of choice of
law principles. Each party shall bear its own expenses and legal fees for the
arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless
both parties agree in writing to a different location. The arbitration award is
enforceable as a judgment of any court having proper jurisdiction.