1.
Introduction
The
goal of Star Hosting is to provide the best service possible
for an enjoyable Internet experience. This Acceptable Use
Policy ("AUP" or "Policy") is designed
to keep Star Hosting and the Internet enjoyable and useful
for all of our subscribers. Violation of this Policy may result
in suspension or cancellation of Star Hosting services. Star
Hosting is committed to and supports the free exchange of
information and ideas over the Internet. Star Hosting does
not actively monitor nor does Star Hosting exercise editorial
control over the content of any web site, electronic mail
transmission, mailing list, news group or other material created
or accessible over Star Hosting servers. However, Star Hosting
reserves sole discretionary rights to remove any materials
deemed potentially illegal, harmful to Star Hosting business
operations or equipment, or in violation of any part of this
AUP or of the standard Star Hosting Internet Agreement. Use
of Star Hosting Network's servers immediately constitutes
acceptance and acknowledgement of this Acceptable Use Policy.
2.
Restricted Content
Clients are expected to use the Internet with respect, courtesy,
and responsibility, giving due regard to the rights of other
Internet users. Clients are xpected to use his/her account
for the purposes of maintaining a website only. Common sense
is the best guide as to what is considered acceptable use.
Star Hosting forbids websites with adult graphic content (softcore
and/or hardcore), including, but not limited to, banner advertising,
any adult website(s), child pornography, and distribution
of adult website passwords. Client's whose accounts are found
in violation of this policy may, at the discretion of Star
Hosting, have their account(s) terminated without notice and
are subject to a maximum clean-up/disconnect fee.
Client's whose website promotes activities that violate federal,
state, local, International laws and/or violation of U.S.
export restrictions are also not welcome at Star Hosting.
This includes "warez" sites (freely distributing
copyright programs), or sites promoting hacking and/or cracking
programs. Client's whose accounts are found in violation of
this policy may, at the discretion of Star Hosting, have their
account(s) terminated without notice and are subject to a
maximum clean-up/disconnection fee. Additionally, Star Hosting
may contact the Software Piracy Association ("SPA")
and release any information in connection with any illegal
activities relating to software piracy on the Client's account.
IRC Bots, or any other automaton programs written in C, Perl
or IRC-script used specifically in conjunction with IRC are
not allowed. These programs tie up system resources and are
in no way related to maintaining a website. Clients are not
allowed to have any programs, including but not limited to,
Eggdrop, or any other IRC-related programs, within their account.
Client agrees not to upload the tar file for any of these
programs or to execute them within their account. The first
violation of this policy will result in the IRC-related program
to be removed from the Client's account and Star Hosting will
notify the Client immediately of the violation. The second
violation of this policy may, at the discretion of Star Hosting,
result in the Client's account(s) being terminated without
notice and a maximum clean-up/disconnect fee.
Simply
put, we ask that you use your account for the purposes of
hosting a non-adult oriented, legal website.
3.
Warranties/Disclaimers
Star Hosting Internet service is provided on an "as is,
as available" basis. No warranties, express or implied,
including, but not limited to, those of merchantability or
fitness for a particular purpose, are made with respect to
Star Hosting or any information or software therein. You release
Star Hosting from and Star Hosting shall have no liability
or responsibility for any direct, indirect, incidental or
consequential damages suffered by you in connection with your
use of or inability to use Star Hosting services including,
but not limited to, damages from loss of data resulting from
delays, non-deliveries, miss-deliveries, or service interruptions,
or due to inadvertent release or disclosure of information
sent by you even if the same is caused by Star Hosting own
negligence. Without limiting the generality of the foregoing,
Star Hosting disclaims to the full extent permitted by applicable
law any responsibility for (and under no circumstances shall
be liable for) any conduct, content, goods and services available
on or through the Internet or the Star Hosting services. In
no event shall Star Hosting aggregate liability exceed the
amount paid by you to Star Hosting for the Star Hosting services.
Use of any information obtained via Star Hosting Internet
service is at the user's own risk. Star Hosting specifically
disclaims any responsibility for the accuracy or quality of
information obtained through its services.
4.
Trademarks & Copyrights
Client warrants that it has the right to use the applicable
trademarks, if any, and grants Star Hosting the right to use
such trademarks in connection with Star Hosting Network's
service.
Client agrees not to modify any copyright notices in features
(Perl programs, etc.) provided by Star Hosting. Modification
of scripts provided by Star Hosting without written permission
is strictly prohibited.
5.
Etiquette and Policies (spam etc)
Spamming is the sending of unsolicited e-mail, regardless
of size or volume, to persons the sender does not know or
have prior consent to send the message to. Using fictitious
e-mail addresses @star.com.pk, or @star.net.pk or any domain
name hosted with Star Hosting is strictly forbidden. Spamming
also includes sending unsolicited advertisements to numerous
email addresses or newsgroups and/or generating a significantly
higher volume of outgoing email than a normal user. A violation
of this policy extends to clients who send unsolicited e-mail
from a domain name not affiliated or hosted with Star Hosting
but the mail message makes mention of a website hosted with
Star Hosting.
Star Hosting allows clients to send mailings to subscribers
of their own mailing list. Such mailings must have explicit
instructions to the recipient on how to remove his/her name
from the list, and all requests to do so must be honored immediately.
Client agrees not to send mailings to lists provided by an
outside agency or individual. Client further agrees not to
provide mailing list services to others. Due to the nature
of a shared-server environment, Star Hosting requests that
mailing lists be sent during non-peak hours, specifically
between the hours of 1:00 am and 5:00 am, Central Time (U.S.A).
Star Hosting reserves the right to terminate a client's mailing
program, whether provided by Star Hosting or not, immediately
and without notification to client if said list causes a problem
with the e-mail services of other clients. Star Hosting also
reserves the right to forbid a client from utilizing any mail-sending
program that jeopardizes the mail services of other clients.
Due to the consumption of system resources and overloading
of the e-mail server, Star Hosting forbids the use of the
"Gossamer Links" program by any client.
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of
multiple messages without significant new content to the same
user and/or subscribing someone else to a mailing list without
that person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization
to enter into a secured computer system is strictly forbidden.
Star Hosting reserves the right to determine what constitutes
abuse of this policy. Clients whose accounts are found in
violation of this policy may, at the discretion of Star Hosting,
have their account(s) terminated without notice and are subject
to a maximum $500 clean-up/disconnection fee.
The following should be noted ...
a.
The network resources of Star Hosting may not be used to impersonate
another person or misrepresent authorization to act on behalf
of others or Star Hosting All messages via Star Hosting should
correctly identify the sender; users may not alter the attribution
of origin in electronic mail messages or postings. Users may
not attempt to undermine the security or integrity of computing
systems or networks and must not attempt to gain unauthorized
access to said networks. Clients may not use Star Hosting
Network's server for mass e-mail or "spamming" purposes.
b. Star Hosting may discontinue servicing any Plan, or may
require fulfillment of terms or conditions Star Hosting may
choose to impose as a prerequisite for continuing to service
any such Plan. Such discontinuation or requirement may not
be unreasonable, however, and Star Hosting agrees to provide
Customer with reasonable notice by Email and fax of any such
intent to discontinue or impose certain conditions.
c. Star Hosting Network's services may not be used for illegal
purposes, or in support of illegal activities. Star Hosting
reserves the right to co-operate with legal authorities and/or
injured third parties in the investigation of any suspected
crime or civil wrong. Activities which are prohibited as potentially
illegal include, but are not limited to:
(i). Unauthorized copying of copyrighted material including,
but not limited to, digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and copyrighted
software.
(ii). Threatening bodily harm or property damage to individuals
or groups.
(iii). Making fraudulent offers of products, items, or services
originating from your account.
(iv). Attempting to access the accounts of others or attempting
to penetrate beyond security measures of our or other systems
(referred to as hacking) whether or not the intrusion results
in corruption or loss of data.
(v). Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages to the same
e-mail address.
(vi). Forging any message header, in part or whole, of any
electronic transmission, originating or passing through Star
Hosting services.
(vii). Distributing viruses to or from Star Hosting systems.
6.
Limited Liability
a. Client expressly agrees that use of Star Hosting Network's
Server is at Client's sole risk. Neither Star Hosting, its
employees, agents, resellers, third party information providers,
merchants licensers or the like, warrant that Star Hosting
Server service will not be interrupted or be error free; nor
do they make any warranty as to the results that might be
obtained from the use of the Server service or as to the accuracy,
or reliability of any information service or merchandise contained
in or provided through the Star Hosting Server service, unless
otherwise expressly stated in this Agreement. Out 99% uptime
guaranty only covers the amount that was paid for the services.
b. Under no circumstances, including negligence, shall Star
Hosting, its offices, agents or any one else involved in creating,
or distributing Star Hosting Server service be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the
Star Hosting 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 Star Hosting
records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Star Hosting
Servers.
7.
Star Hosting Right to Change Service
Star Hosting reserves to right to change without notice the
Star Hosting service, including, but not limited to, tariff,
hours of operation, menu structures, commands, documentation
and vendors.
8.
Star Hosting Right to Modify its Acceptable Use Policies
Star Hosting may at any time, revise the Acceptable Uses Policy
with advanced notice given to clients. Renewal of an account
with Star Hosting constitutes acceptance to all modifications
to the Acceptable Uses Policy and to the Contract for the
account. The contract is automatically renewed 7 days before
the date of expiry unless otherwise instructed by the client
at the time of placing the order or via a notice at least
7 days prior to the account due date. An account is billed
from the date the order is placed up to the date of expiry
of the contract. The contract length is determined by the
client at the time of placing the order.
9.
Indemnification
Client agrees that it shall defend, indemnify, save and hold
Star Hosting harmless from any demands, liabilities, losses,
costs and claims, including reasonable attorneys fees, ("Liabilities")
asserted against Star Hosting, 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 Client, its agents, employees or assigns.
Client agrees to defend, indemnify and hold harmless Star
Hosting against Liabilities arising out of
a. any injury to person or property caused by any products
sold or otherwise distributed in connection with Star Hosting
Network's Server;
b. any material supplied by Client infringing or allegedly
infringing on the proprietary rights of a third party;
c. copyright infringement and
d. any defective product which Client sold on Star Hosting
Server.
10.
Excessive CPU/Memory Usage
Client agrees to take all responsibility for all programs
including CGI scripts executed under their account. Programs
that consume an excessive amount of CPU run time or Random
Access Memory (RAM) are not permitted. Client agrees and understands
that such excessive use can have an adverse effect on the
performance of the webserver. Client agrees to accept responsibility
for programs executed under his/her account, regardless of
who authored the program. The use of cgi or php chat scripts
or pages is strictly prohibited. Star Hosting provides an
acceptable chat programs for clients with Unix Standard +
accounts at no charge. Star Hosting reserves the right to
suspend accounts without notice to clients who violate these
terms. Star Hosting has sole discretion over what constitutes
excessive usage.
Programs provided by Star Hosting as an installable feature
are not exempt from this policy. While every efforts is made
on Star Hosting end to ensure the program
it provides are efficient, problems with excessive usage on
particular.
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