Terms
and Conditions of Use
6Star.net
provides Internet World Wide Web page hosting, Marketing, and Development.
6Star.net has certain legal and ethical responsibilities regarding the use of
its server and equipment involved in these services.
6Star.net general policy is to act as a provider of Internet presence. 6Star.net
has specific ethical concerns regarding the use of its computers detailed below.
6Star.net reserves the right to suspend or cancel a customer's access to any or
all services provided by 6Star.net when we decide that the account has been
inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of 6Star.net is
strictly prohibited.
Unauthorized use of other people's accounts or computers, 6Star.net will
strongly react to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "Internet
scamming" (tricking other people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a 6Star.net customer, whether
or not the attacked account or computer belongs to 6Star.net, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending on the
seriousness of the attack.
IMPORTANT NOTE - 6Star.net has the right to discontinue service, or deny
access to anyone who violates our Policies or the Terms and Conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be
made if account termination is due to violation of the terms outlined below.
Customers may not run IRC,
bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming, pornographic content,
illegal content, copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by 6Star.net to be
unacceptable use of 6Star.net 's services including abuse of server resources.
Accounts may be terminated
that include the following content or which have links to the following content:
Abuse of Unlimited
Traffic
6Star.net 's customers are privileged to be offered unlimited traffic for their
web sites. The intention of 6Star.net is to provide a large space to serve web
documents, not an off site storage area for electronic files. All (90%) of your
files (.GIF, .JPEG, etc.) stored on 6Star.net 's servers must be ‘linked’
with web pages (html). Web sites that are found to contain either/or no html
documents, a large number of unlinked files are subject to warning, suspension
or cancellation at the discretion of 6Star.net management. Any customer who
violates 6Star.net 's Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the problem is not resolved
within the allotted period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on
other domains. Sites with very large picture galleries (any site where the
majority of the files transferred is graphics). Sites offering download files or
archives. (This is any site where 50% or more of the monthly traffic is from
file downloads). Sites using more than 30% of system resources for longer than
60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video,
MP3).
For those that do not qualify for the unlimited service (Unix Gold accounts),
traffic will go unmonitored until you reach 3 GB per month. Thereafter, normal
data transfer cost of $20.00/1GB/month will be billed to your account. If you
want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.
If your web site is getting that much traffic, we highly recommend
upgrading to the Platinum account with unlimited traffic.
You will have 7 days to visit www.overages.6star.net
to pay for your overages. If you do not pay for your overages your site will be
disabled within 7 days of your first notice. This does not apply to co-location
clients. Co-location clients will be billed for the overages based on switch
reports. Co-location clients must pay for the overages IMMEDIATELY once billing
or 6Star.net has the sole decision to deactivate any and all servers.
6Star.net will be the sole arbiter as to what constitutes a violation of this
provision.
Unsolicited Email
(Spam)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation. Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account suspension or cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such. Sending a
message, especially an advertisement, to more than five or six recipients, is by
itself spamming unless the individuals have specifically requested to be added
to a mailing list on that topic. E-mail is a person-to-person medium, not a
broadcast medium. Upon your first Spam offense your mail will be disabled for 72
hours. Upon your second Spam offense your entire domain will be disabled for 72
hours and you will be fined $100.00 per sent Spam. Upon your third offense your
account with 6Star.net will be terminated, you will be fined $200.00 per sent
Spam. No refunds will be given if your account is terminated for Spam.
99.9% Uptime
Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any 6Star.net client in good financial
standing with 6Star.net at the time of a service outage.
(2.) Service Level
6Star.net endeavors to have the content of your web site available for http
access by any party in the world 99.9% of the time.
(3.) Credits
In the event that your web site is not available for more than 99.9%, 6Star.net
will credit the following month's service fee as follows. For any shared hosting
client, such credit shall be retroactive and shall be as calculated below and as
measured 24 hours a day in a calendar month, with the maximum credit not to
exceed the monthly service charge for the affected month.
|
Monthly
Uptime |
Credit |
|
95%
to 99.8% |
25% |
|
90%
to 94.9% |
50% |
|
89.9%
or below |
100% |
For managed dedicated
server customers if the uptime is between 98.9% and 99.9% for any particular
month the credit shall be retroactive and equivalent to the difference between
the guaranteed level of availability of the customer's services during the month
and the calculated actual level of availability of the customer's services,
multiplied by the actual charges incurred by the customer for the services
during that month period. In addition, for managed dedicated server, customers
may be entitled to additional credits as calculated below and as measured
24-hours a day in a calendar month, with the maximum credit not to exceed fifty
percent (50%) of the monthly service charge for the affected month.
|
Minutes
of continuous downtime |
Credit |
|
60 |
25% |
|
5+
60 minute intervals |
50% |
In order for you to receive a credit on your account, you must request such
credit within ten (10) days after you experienced the down time. You must
request credit by sending an electronic mail message to refunds@6star.net. For
security, the body of this message must contain your account number, the dates
and times of the unavailability of your website, and such other customer
identification requested by 6Star.net. Credits will usually be applied within
sixty (60) days of your credit request. Credit to your account shall be your
sole and exclusive remedy in the event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage
resulting from (1.) scheduled maintenance as posted from time to time at
6Star.net, (2.) your behavior or the performance or failure of your equipment,
facilities or applications, or (3.) circumstances beyond 6Star.net 's reasonable
control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or
delay in telecommunications or third party services, including DNS propagation,
domain name registration / transfer, failure of third party software or hardware
or inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of your web site, or (4.) a client breaking any item in
6Star.net 's "terms of conditions and acceptable use policy" causing a
machine to fail as a result.
CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you
wish, however we reserve the right to disable any CGI script that effects normal
server operation without prior warning.
Chat Rooms
We do not allow clients to install their own chat rooms, without approving it
with the 6Star.net Support Team. Most chat rooms tend to be large system hogs
and we cannot allow it as an account option. However, we do provide a choice of
Java chat rooms for a small extra charge that will more than fill your needs and
run without hindering the performance of the machine for others. Note: Parachat
chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail
Server
We do not allow clients to send more than 2000 pieces of e-mail per day. If you
do send more than 2000 pieces of e-mail per day, your account will be placed on
hold for Network Abuse. If you are sending legitimate e-mails and they total
more than 2000 per day your account will be moved to a special server that is
specifically designed to handle high volumes of e-mail. You will be charged
$50.00/month in addition to your regular hosting charges if your account is
moved to this server. Please contact noc@6star.net to have your domain moved.
Background Running
Programs
We may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new
accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment (i.e. 3 month or 1 year prepaid accounts
with discounted prices). 6Star.net
reserves the right to change prices at any time, unless other terms have been
agreed upon. Any account not brought current within a week (7 days) of e-mail
notice or exceeding this time frame in any way is subject to suspension. The
customer is responsible for all money owed on the account from the time it was
established to the time that the customer notifies 6Star.net at cancel@6star.net
to request for termination of services. All payment is in U.S. currency.
6Star.net will bill each client a collection fee of $50 per returned check, per wire transfer
received and per credit card chargeback received. Also, a collection agency may
be retained to collect past due amounts with an additional collection agency fee
of not less than $250. All 6Star.net accounts are
setup on anniversary billing cycles. Your particular billing cycle corresponds
to the contract length that was initially chosen at setup. Your account will
automatically renew at this length. There is no fee to change to a shorter
billing cycle at the end of the current cycle. However, if you wish to change to
a shorter billing cycle, during a current cycle, there will be a $50.00 fee.
Please contact the billing department at billing@6star.net should you wish to
change your anniversary billing cycle.
Refund Policy
6Star.net has a 30 day satisfaction guarantee and will refund your your web
hosting fee if you cancel your account within 30 days of setup. The one-time
setup fee is not refundable. To cancel your web hosting account, you must follow
the guidelines in the "Cancellation" section below. Domain Registration fees can
not be refunded since domain names can not be unregistered. All domain
name registrations are final and will not be refunded.
Cancellation
6Star.net reserves the right to cancel service at any time. All fees paid in
advance of cancellation will be pro-rated and paid by 6Star.net if 6Star.net
institutes it's right of cancellation. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of 6Star.net 's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain registration fees, addon/upgrade
fees and overages. Setup fees are refundable only if the account order is
canceled prior to account activation. For all web hosting clients who cancel,
the full contract amount less any setup fees and overages will be refunded if
6Star.net is notified within the first 30 days following activation. No refund
is available after the 30th day. This policy does not apply to any additional
services such as overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, domain registration fees etc. Due to security
concerns, all account cancellations must be done via our online cancellation form
or by sending an email to billing@6star.net.com
from your current email address as listed in the 6star.net database.
Phone or email requests from an unknown email address will not constitute acceptance of any cancellation
unless you provide proof of ID by providing the main FTP password for the
account and/or the last four digits of your credit card number. Also, all email
requests MUST include the domain name of the account to be cancelled.
Refunds will be made by company check or issued back to your credit card within
30 days of receipt of cancellation.
Intellectual
Property Rights
Material accessible to you through 6Star.net 's services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you are prohibited from using 6Star.net
or its servers and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which you access
or receive through the 6Star.net network. If you use a domain name in connection
with 6Star.net or similar service, you are prohibited from using that domain
name in violation of any trademark, service mark, or similar rights of any third
party.
Network Security
Customers may not use the 6Star.net network with an attempt to circumvent user
authentication or security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to access, password
cracking, probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers may not attempt
to interfere or deny service to any user, host, or network. This includes, but
is not limited to, flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. 6Star.net will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network security may
incur criminal or civil liability.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of
your online store and products and all contents and materials appearing online
or on your products, including without limitation (a) the accuracy and
appropriateness of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials appearing within
the store or related to your products do not violate or infringe upon the rights
of any third party, and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final calculation and
application of shipping and sales tax. You will also be solely responsible for
accepting, processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers
and related customer information you may access as a result of conducting
electronic commerce transactions through your Web Site. You will keep all such
information confidential and will use the same degree of care and security as
you use with your confidential information.
Static / Dynamic
Content Caching
You expressly (i) grant to 6Star.net a license to cache the contents your Web
Site, in part or entirety, including content supplied by third parties, hosted
by 6Star.net under this Agreement and (ii) agree that such caching is not an
infringement of any of your intellectual property rights or any third party's
intellectual property rights.
IP Address
Ownership
6Star.net shall maintain and control ownership of all IP numbers and addresses
that may be assigned to you by 6Star.net and 6Star.net reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and
addresses.
Domain Name
Registration
Customer agrees to pay 6Star.net prior to the effectiveness of the desired
domain name registration, the then-current amounts set forth in the 6Star.net
price schedule for the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part, even if
Customer's domain name registration is suspended, cancelled or transferred prior
to the end of Customer's then current registration term. 6Star.net reserves the
right to change fees, surcharges, renewal fees or to institute new fees at any
time, for any reason, at its sole discretion. Customer's requested domain name
will not be registered unless and until we receive actual payment of the
registration fee, and have confirmed Customer's registration in an email from
6Star.net to the email address indicated in Customer's registration application.
In the event of a chargeback by a credit card company (or similar action by
another payment provider allowed by 6Star.net) in connection with the payments
of the registration fee for Customer's domain name registration, Customer agrees
and acknowledges that the domain name registration shall be transferred to
6Star.net as the paying entity for that registration to the registry and that we
reserve all rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for purchase. 6Star.net
will reinstate Customer's domain name registration solely at 6Star.net 's
discretion, and subject to our receipt of the initial registration or renewal
fee and our then-current reinstatement fee.
Lawful Purpose
6Star.net reserves the right to refuse service to anyone. Customers may only use
6Star.net server for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion of
6Star.net management. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue this contract was entered into in
Frederick County, Maryland, and any dispute will be litigated or arbitrated in
Frederick County, Maryland. Defendants further waive all objections to venue and
acknowledge that venue in any such litigation will be held in Frederick County
courts. IN NO EVENT SHALL 6STAR.NET'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED
($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD 6STAR.NET HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST 6STAR.NET, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY
SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS 6STAR.NET
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH 6STAR.NET'S
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4)
ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM 6STAR.NET'S
SERVERS.
Disclaimer
6STAR.NET
WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. 6STAR.NET
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. 6STAR.NET DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY 6STAR.NET
AND ITS EMPLOYEES. 6STAR.NET RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF 6STAR.NET MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
6Star.net 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.
© 6 Star Services Corp. 1995 -
2001
All rights reserved