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Terms Of
Service (TOS) and AUP
Ok, we
have all kinds of "legalise" here
(Acceptable use policy and Terms and
Conditions). As a consumer, it is your
responsibility to read it. To summarise:
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED
AT STARTECK ONLINE'S' DISCRETION.
This is
a very careful and secure company and WE
WILL check your customer input to confirm
your information. Any irregularities will be
cause for refusal. We do not have instant
account activation for this reason. but we
do have HIGHLY satisfied customers on a
clean and secure service!
No IRC's,
BNC's, Eggdrops, Unauthorised SHELL
programs, Illegal or blatantly offensive
material or Spamming from a site or server.
Period. No Exceptions at any time for any
reason. Customers who LOAD (Proof of use or
public display NOT required) these programs
or materials on any server will be
terminated without recourse and billed
(including penalties) and further pursued to
THE FULLEST EXTENT of the LAW, including but
not limited to lawsuits against the
individuals responsible.
Spamming using other resources with links
directed back to sites on our servers IS
involving us in the spamming not unlike
using our actual server and can be grounds
for termination without recourse.
SUPPORT RESTRICTIONS
Starteck Online will make every effort to
support information for configuring popular
network/web software to use internet
services. However we can in no way
specifically test every piece of software
that could conceivably be utilised with our
systems, only provide general system-related
information. The offer of any particular
service does not constitute an obligation on
Starteck Online's part to tutor the
necessary skills to utilise that service,
only to provide system-specific information.
PAYMENTS
Accounts will be billed in advance for the
month or year of service (some services are
paid annually). If you sign up and receive
service today, we will bill you today for
service. No refunds will be processed
without "cause" . You will be notified by
e-mail to the address you signed up with for
services of success or failure. If billing
fails and we are unable to process payment
for over 72 hours we will suspend services
without further notice. If we are still
unable to collect 7 days past payment due
date we reserve the right to terminate the
account and all files on our services
without recourse.
UPTIME GUARANTEE
If your
website and/or email becomes unavailable due
to reasons at our facility (or related) and
is in excess of 24 hours, We will offer a
refund for 2X the amount of time lost
regardless of duration of downtime for any
reason NOT related to customer error up to
100% of monthly charges refunded for that
period.
CANCELLATION POLICY
We
offer a 30 day money back guarantee for
cause on all hosting, reseller and dedicated
services plans. Cause is any demonstrated
failure on our part to deliver services
purchased. If you can provide us with a
reason that we failed to provide the
services you purchased from us we will be
more than happy to give you a refund. Domain
registration fee's ARE NOT REFUNDABLE as we
register domains in your name.
PAYMENTS
Starteck Online accepts MasterCard and
Visa, Discover and PayPal as payment
options. We will not accept company or
personal cheques, wire transfers, bank
transfers or Postal orders.
PRIVACY STATEMENT
Starteck Online follows the strict
guidelines of our customer privacy
statement. Please make sure you understand
this statement fully. Please click
HERE to read the
privacy statement.
ACCEPTABLE USE POLICY (AUP)
Use of
services provided by Starteck Online
constitutes acceptance and agreement to
Starteck Online's AUP as well as Starteck
Online's TOS (Terms of Service).
Starteck Online reserves the right to
revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies
and agreements at any time and in any
manner. Notice of any revision, amendment,
or modification will be posted in accordance
with our TOS (Terms of Service). All users
of Starteck Online services, and their
clients, must comply with this AUP and our
TOS (Terms of Service).
Any form of
abuse of any nature (physical, verbal, live
chat or email) toward any of Starteck Online's staff or outsourced suppliers may
result in the withdrawal of technical
support or termination of your accounts with
immediate effect. Termination of accounts
is at the discretion of Starteck Online and
no notice needs to be given. All decisions
are final.
IMPORTANT NOTICE:
We
support the uncensored flow of information
and ideas over the Internet and do not
actively monitor subscriber activity under
normal circumstances. Similarly, we do not
exercise editorial control over the content
of any web site, e-mail transmission,
newsgroups, or other material created or
accessible over or through the services,
except for certain proprietary Web sites.
However, in accordance with our TOS (Terms
of Service), we may remove any materials
that, in our sole discretion, may be
illegal, may subject us to liability, or
which may violate this AUP. Starteck Online
may cooperate with legal authorities and/or
third parties in the investigation of any
suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may
result in the suspension or immediate
termination of either your Starteck Online
account or other actions as detailed below
without notice, based upon the nature of the
violation.
HOSTING ONLY CUSTOMERS
Please
remember, your unlimited E-Mail Services
and/or sub domains are for YOUR use.
They
are not intended to be used for re-sale or
promotional offerings.
This
document is intended to provide a basic
understanding of Starteck Online's
Acceptable Use Policy. The following are
guidelines for the establishment and
enforcement of Starteck Online's AUP. If a
Starteck Online account violates this
Acceptable Use Policy or our TOS, we reserve
the right to terminate your service without
notice. We prefer to advise customers of
inappropriate behavior and any necessary
corrective action, however based on the
nature of the violation, could result in
immediate termination of service.
The
following constitute violations of this AUP:
·
Illegal Activities:
Starteck Onlines services may not be used
for illegal purposes, or in support of
illegal activities. Starteck Online
reserves the right to cooperate with legal
authorities and/or injured third parties in
the investigation of any suspected crime or
civil wrongdoing.
· Harm or
Endangerment to other people:
You may
not use Starteck Onlines service to harm,
or attempt to harm, minors in any way,
including, but not limited to child
pornography, or use Starteck Onlines
service to transmit any material (by e-mail,
uploading, posting or otherwise) that
threatens or encourages bodily harm or
destruction of property.
·Forgery or
impersonation:
Adding,
removing or modifying identifying network
header information in an effort to deceive
or mislead is prohibited. Attempting to
impersonate any person by using forged
headers or other identifying information is
prohibited. The use of anonymous remailers
or nicknames does not constitute
impersonation.
· Unsolicited
E-mail, News Bombing (SPAM)
Use of
the Starteck Onlines service to transmit
any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited.
Violations of this type will result in the
immediate suspension of the offending
Starteck Online account. Spam complaints
will be sent to the e-mail address on file.
Failure to respond to complaints within a 24
hour timeframe will result in the Starteck
Online staff suspending the offending
account by whatever means necessary. Should
the account become re-activated without the
express written consent of Starteck Online,
the offending account will be immediately
terminated, and may result in suspension /
termination of the server itself. Anyone
hosting websites or services on their server
that support spammers or cause any of our IP
space to be listed in any of the various
Spam Databases will have their server
immediately removed from our network. The
server will not be reconnected until such
time that you agree to remove any and all
traces of the offending material immediately
upon reconnection and agree to allow us
access to the server to confirm that all
material has been completely removed. Severe
violations may result in immediate and
permanent removal of the server from our
network without notice to the customer. Any
server guilty of a second violation will be
immediately and permanently removed from our
network without notice. Malicious intent to
impede another person's use of electronic
mail services or news will result in the
immediate termination of the offending
Starteck Online account.
Starteck Online will allow Double opt-in safelists as long as they are on their own
dedicated servers. These types of sites use
a great deal of resources and can't be
supported through our website or reseller
programs.
·
Copyright or trademark infringement:
Use of
the Starteck Online's service to transmit
any material (by e-mail, uploading, posting
or otherwise) that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any third party,
including, but not limited to, the
unauthorised copying of copyrighted
material, the digitisation and distribution
of photographs from magazines, books, or
other copyrighted sources, and the
unauthorised transmittal of copyrighted
software. Use of the Starteck Online
service to collect, or attempt to collect,
personal information about third parties
without their knowledge or consent.
Distribution and/or posting of copyrighted
or the aforementioned infringements will not
be tolerated.
·
Network disruptions :
Use of
the Starteck Online service for any
activity which affects the ability of other
people or systems to use Starteck Online
Services or the Internet. This includes
"denial of service" (DOS) attacks against
another network host or individual user.
Interference with or disruption of other
network users, services or equipment is
prohibited. Starteck Online will not
tolerate any subscriber attempting to access
the accounts of others, or penetrate
security measures of other systems, whether
or not the intrusion results in corruption
or loss of data. Starteck Online, does not
allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on
our network. Accounts found hosting this
material will be subject to immediate
cancellation without refund. Use of the
Starteck Online service to access, or to
attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate,
security measures of Starteck Online or
another entity's computer software or
hardware, electronic communications system,
or telecommunications system, whether or not
the intrusion results in the corruption or
loss of data, is expressly prohibited and
the offending Starteck Online account is
subject to immediate termination.
·
Security:
You are
responsible for any misuse of your account,
even if the inappropriate activity was
committed by a friend, family member, guest
or employee. Therefore, you must take steps
to ensure that others do not gain
unauthorized access to your account. In
addition, you may not use your account to
breach security of another account or
attempt to gain unauthorized access to
another network or server.
·
Network Security:
Starteck Online accounts operate on shared
network resources. Excessive use or abuse of
these resources by one customer may have a
negative impact on all other customers.
Misuse of network resources in a manner
which impairs network performance is
prohibited by this policy and may result in
termination of your account.
·
REPORTING VIOLATIONS OF Starteck Online AUP
Starteck Online requests that anyone who
believes that there is a violation of this AUP direct the information to the Abuse
Department at abuse@starteckonline.com if
possible, please provide the IP address used
to commit the violation, date and time of
the violation, and evidence of the
violation.
Starteck Online will charge a £100.00 site
clean-up fee for any abuse of the terms
listed above PLUS, ALL TIME AND RESOURCES TO
TRACK AND TRACE ABUSE WILL BE BILLED AT
Starteck OnlineS'S £20.00 PER HOUR.
· Terms
of Service (TOS)
All
Terms and Conditions of this TOS (Terms of
Service) our AUP (Acceptable Use Policy) and
SLA may be modified at our sole discretion
without prior warning. Changes to this TOS
does not constitute grounds for early
contract termination or non-payment. Please
check back regularly for any updates.
Use of
Starteck Online's Service constitutes
acceptance and agreement to the Starteck
Online AUP (Acceptable Use Policy) as well
as the Starteck Online TOS (Terms of
Service). From herewith in this TOS, AUP,
and SLA, the usage of “us”, “we”, “our”,
“ours” shall constitute reference to
Starteck Online, the usage of “you”,
“your”, “they”, “them” shall refer to client
/ customer of Starteck Online.
Acceptance of Contractual Agreement
1.
Client agrees that by placing an order
either by means of electronic ordering (web
order form) and receipt of such order by
Starteck Online, that you are agreeing to
our TOS, AUP, and SLA. No Modifications of
said contract by customer is allowed.
2.
Starteck Online will provide, and Customer
will purchase and pay for, the Services, and
service fees specified in the Order for the
applicable Service Description. Customer
acknowledges that the service, and service
fees have been communicated to the customer,
and that they are aware of all applicable
charges as per contract, AUP, SLA, and TOS.
Customer also understands that any
promotional offers unless specified in
contractual terms will not be applicable to
their individual service.
3. In
connection with any Hosting Services, if
Customer’s actual bandwidth usage in any
month exceeds allotted amount, specified in
Customer’s contract, Customer will pay
Starteck Online any additional fees as
specified in the Service Description.
·
Payment:
Establishment of this service is contingent
upon receipt of payment from Customer to
Starteck Online. Subsequent payments are
due on the anniversary date of the month for
that month’s service (or year, depending on
payment option chosen by the Customer). Any
setup fees will be charged full setup fee
pricing, and are applied at time of initial
request of such services.
·
Payments and Fees:
Payment
is due on the defined monthly recurring
billing date of each month (or yearly,
depending on payment option chosen by the
Customer). Service will be interrupted on
accounts that reach 5 days past due and
subject to immediate termination. Service
interrupted for non-payment is subject to
the setup fee for that service for
reconnection. Accounts that are not
collectable by Starteck Online will be
turned over to an outside 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 Fifty(£50.00) nor more than One
Hundred, Fifty(£150.00)
·
Delinquent Accounts:
Starteck Online may temporarily deny
service or terminate this Agreement upon
failure of Customer to pay charges when due.
Such termination or denial will not relieve
Customer of responsibility for the payment
of all accrued service fees, or any
collection fees.
·
Account Cancellation:
All
CANCELLATIONS MUST BE PROVIDED IN WRITING TO
SALES (sales@starteckonline.com) 7 DAYS IN
ADVANCE OF DISCONTINUATION OF SERVICES.
Pro-rated refunds are not given so be sure
that we know your intention to leave within
7 days of billing.
·
Refunds and Disputes:
All
billing disputes must be reported within 30
days of the time the dispute occurred.
Disputed charges to your credit card issuer,
also known as chargeback's, in Starteck
Online's discretion which is valid, under
the terms and conditions of our SLA, AUP,
and TOS, will result in service
interruption, and reconnection fees to
restore the desired service.
·
Litigation and Legal Action
Starteck Online is based in Darlington, Co.
Durham, England and as such...regardless of
the place of agreement, the client agrees
that for purposes of venue and jurisdiction
the understanding regarding services was
entered into and performed in Darlington,
County Durham, and any dispute will be
litigated or arbitrated in Darlington,
County Durham. Customer further waives all
objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in
any such litigation will be held in
Darlington Courts.
·
Starteck Online - SLA
Hosting, Reseller and Dedicated services are
defined as servers and server space that is
rented to Clients. This service is to
provide the clients with knowledge and
overview of the server. From time to time
security updates, patches, kernel upgrades,
and System Administration may be performed
free of charge. In addition to these
services System Administrator may make
recommendations to improve the overall
performance, security, and updates to the
service. At the sole discretion of the
System Administrator any installation,
configuration, or tuning of the server may
be considered billable, and you will be
notified and requested to approve any
additional charges. Any Support not included
with your dedicated server, will be subject
to a £75 an hour labour fee, billed in ½
hour increments during office hours between
9:00am – 5:00pm M-F (GMT). Starteck Online
reserves the right to perform maintenance,
security checks, or management without
client initiating such request. Starteck
Online does not take responsibility for the
overall security of servers.
Network
Outages or Unscheduled downtime is any
unplanned or unscheduled interruption in
Service availability during which Client is
unable to access the services. A Network
Outage is defined as a period in which 100%
packet loss to our network is experienced,
which is determined to have been caused by a
problem within the network as confirmed by
Starteck Online. Downtime or outages are
measured as the total length of time of the
unplanned interruption in service
availability in a calendar month.
Scheduled Downtime is any Starteck Online
scheduled interruption of Services, for the
purpose of network upgrades, or replacement
of any equipment in order to provide for you
better service. Scheduled downtime occurs
during notified downtime periods, with as
much advance warning as possible via e-mail
and/or forum post.
Starteck Online will refund the customer
200% of the value of the time of service (up
to 100% of your monthly fee) for network
downtime. Network downtime is measured from
the time the network is 100% unreachable,
until service is once again restored. In
order to request a performance credit, you
must E-mail us within 10 days of reported
violation. SLA violations will be reviewed
by our personnel Monday – Friday 9AM to 5PM
GMT.
*Network violation SLA credit does not cover
server hardware failure.*
·
Performance Credit exclusions:
The
following are excluded from the monthly
calculation of Service Availability:
·
Scheduled downtime
·
Problems outside of Starteck Online network
(upstream providers, or client’s inbound
connection) not effecting 100% loss to our
network
·
Interruptions or failure of individual
service caused by client, their employees,
client’s customers, etc. to their service.
These include inaccurate configuration, 3rd
party software, client abuse or over
utilization of resources, hacked servers,
attacks, exploits, or server hardware
failures.
Server
Hardware for Dedicated, or Co-Located
Servers
Hardware is defined as the Processor(s),
RAM, hard disk(s), motherboard, NIC card and
other related hardware included for
Dedicated Servers, and switches for
Co-Located Servers, unless client provides
their own switch.
Hardware replacement will occur within 12
hours of the reported problem, Starteck
Online will refund 5% of the monthly fee
per additional 6 hours of down time (up to
100% of customer's monthly fee). In order to
reduce replacement hardware downtime, we
keep a small quantity of pre-built systems
on hand to swap out Hard disks, so that your
server can be back up in the shortest amount
of time. For Hard disk failures, we keep
pre-installed drives with our standard
partitioning for immediate deployment, but
Cpanel must always be loaded after
deployment (part of its validation process)
and so will slightly delay the process. In
order to request an SLA hardware violation
credit, you must E-mail us within 10 days of
reported violation. SLA violations will be
reviewed by our personnel Monday - Friday
9AM to 5PM EST.
*Hardware SLA violations do not cover
network violation*
·
Performance Credit exclusions: The following
are excluded from the monthly calculation of
Service Availability:
·
Interruptions or failure of individual
service caused by client, their employees,
client’s customers, etc. to their service.
These include inaccurate configuration, 3rd
party software, client abuse or over
utilization of resources, hacked servers,
attacks and exploits.
Replacement is defined as returning the
server to original configuration when it was
purchased. If hardware failure causes
corrupted Operating System, Data Files, or
Configuration of server, Starteck Online
will restore the system to original state.
If the
server is compromised and a NEW OS and/or
Cpanel re-install must be performed for
security reasons Starteck Online will
charge a £45 fee to restore the system.
Starteck Online is not responsible for the
restoration of data to server. We strongly
recommend that your purchase backup options
for your server, and keep copies of your
data off-site with you for emergency
purposes. If hardware failure and data loss
occurs, you the client are responsible for
data restoration. Starteck Online shall not
be liable for loss of data under any
circumstance. |
