Last Modified: 2024-07-18

These Terms of Service are an agreement between starburstservices.com (“Starburst Services” or “us” or “our” or “we”) and you (“Customer” or “you” or “your”).

Starburst Services agrees to furnish services to the User, subject to the following TOS (Terms of Service). By using the Services, you agree to be bound by this TOS. If you do not agree to abide by the terms of this TOS, you are not authorized to use or access the Services. Use of the products and services made available by Starburst Services and of the starburstservices.com website constitutes acceptance and agreement to Starburst Services’s AUP as well as Starburst Services’s TOS (Terms of Service).

DISCLOSURE TO LAW ENFORCEMENT

The Acceptable Usage Policy specifically prohibits the use of our service for illegal activities. Therefore, User agrees that Starburst Services may disclose any and all User 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 User. In addition Starburst Services shall have the right to terminate all service set forth in this Agreement.

PAYMENTS

Renewal notices are emailed seven days before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis.All invoices must be paid within 7 days of the invoice due date. If payment is not received the account will be suspended, and a reactivation fee may be required. Starburst Services 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. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Starburst Services to request for termination of services. Although we are based on our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Starburst Services cannot refund any payments made before.

All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Domain Payments. It is solely your responsibility to notify Starburst Services Billing department via a support ticket created from Support->Submit Ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Starburst Services is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

CANCELLATION AND EARLY TERMINATION

Users must acknowledge that the amount of the services bought is based on Users agreement to pay the fee for the initial term or renewal term.

Account cancellation may by hand made on the control panel with 3 days prior to the renewal of next billing cycle.

Nonrefundable Fees – Fees paid by Users in connection with purchase of SSL certificates, dedicated server, domain, and one time service fee are non-refundable.

Starburst Services offers Users a 30 day money back with the exception of any nonrefundable fees. Users who signed up for a monthly payment plan for shared hosting service, Windows hosting service, VPS hosting service will get no refund. Users refund will be reduced by $19.95 per free domain name within the first 30 days of registration. Users may use the SSL certificates that Starburst Services offers for free, in this case the SSL certificate fee ($30) will be deducted from the refund if Users terminates the Services prior to the expiration of 30 calendar days after registration.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of Starburst Services is strictly prohibited.

Starburst Services 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 theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Starburst Services, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – Starburst Services 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.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Starburst Services to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

DRIVE SPACE ABUSE

Starburst Services will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Starburst Services client account.

BANDWIDTH ABUSE

The intention of Starburst Services is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files.
If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem.
Failure to do so will result in YOU being billed for the overages.

Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Starburst Services will be the sole arbiter as to what constitutes a violation of this provision.

Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.

REFUSAL OF SERVICE

Starburst Services holds the right to refuse service to anybody at any time. Any material that, in Starburst Services’s judgement, is obscene, threatening, prohibited, or breaks Starburst Services’s terms and conditions in anyway may be removed from Starburst Services’s servers (or otherwise blocked), with or without notice.
Any communication with Starburst Services’s staff construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, will receive a single warning. If the communication continues, your Services may be suspended or terminated without refund. This includes, but is not restricted to, threats to sue, slander, libel, publicly post, or start a chargeback.
You also agree that we may, at our sole discretion, suspend or block access to all or part of your website with or without notice and for any reason, including, without limitation, breach of this Agreement.

RESOURCE USAGE

All accounts are required to use as little server resources as possible. Because server resources such as CPU and memory are shared resources, excessive use of these resources can interfere with or completely prevent normal service operation for other Customers. Starburst Services reserves the right to suspend or terminate Services on any account that, at its sole discretion, is mistreating or consuming excessive amount of server resources causing server performance issues at any moment without previous warning, and for any or no reason.

Resource limitations for sub-accounts of reseller plans

  • 25% of 1 CPU Core
  • 256MB Memory Usage
  • 40 Max Processes
  • 50,000 Total Inodes
  • 100 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
  • 10 MySQL Connections 1024 KB/s I/O Limits

Resource limitations for Business Managed Hosting plans

  • 0.5-6 CPU Cores
  • 512MB-8GB Memory Usage
  • 25-400 Max Processes
  • 200-500 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
  • 10-50 MySQL Connections

Resource limitations for unlimited shared hosting plan

  • Up to 1 CPU Core
  • Up to 512MB Memory Usage
  • 40 Max Processes
  • 50,000 Total Inodes
  • 150 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
  • 10 MySQL Connections 1024 KB/s I/O Limits

NOTE:
These limits vary and can change for every web hosting plan, refer to your web hosting plan for the correct limits or contact customer support.

Customers may not:

  • Run stand-alone, unattended server-side processes at any point in time. This includes and and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any BitTorrent application, tracker, or client. You are allowed to link to legal torrents off-site, but these cannot be stored on our shared servers.
  • Take part in any file-sharing/peer-peer activities.
  • Run any gaming servers (such as Counter-Strike, Half-Life, Battlefield, etc).
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

UNLIMITED/UNMETERED DRIVE SPACE/BANDWIDTH

Our Unmetered Hosting plans are designed to host most personal, small business and organization websites and thus we offer unmetered bandwidth and some plans offer unnmetered disk space and websites. This means Starburst Services does not set arbitrary limits or caps on the amount of disk space or bandwidth a website can use. Starburst Services makes reasonable effort to provide its Customers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Customer’s use of the service complies with these Terms.

Starburst Services offers its services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and may result in suspension or termination of your hosting services without notice.

In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

INODES

Shared accounts exceeding 50,000 inodes may receive a warning first, followed by a suspension if no action is taken to reduce the number of inodes.
Every file on your account uses up 1 INODE.

DEFAMATION

Websites hosted with Starburst Services’s services are subject to all regulatory U.S. laws. With this in mind, and in pursuance of Section 230© of the Communications Decency Act, we will not remove allegedly defamatory material from domains hosted on our servers – the only exception being if the material is found to be defamatory by an official court. Starburst Services.com is not in a position to investigate and or validate the authenticity of individual defamation claims, why is why we will rely on the courts to resolve such issues. In any case in which a legal court order indicates that the material hosted on your account is defamatory, slanderous or in violation of any copyright; access to the contents of your account will be disabled. Similarly, if a US court places an injunction against any specified content or material hosted on your account; Starburst Services will remove or disable access to the materials in question.
We are covered by section 230(c) of the US Communications Decency Act which states that Internet service providers such as Starburst Services.com are not held liable for content (such as allegedly defamatory, offensive, inaccurate, harassing, or copyrighted content) that is posted on the sites they host for their customers. Our service merely provides a hosting platform and web space on which content is hosted – and any creation or publication of content on your services is the sole responsibility of the third-party user responsible for publishing the content.

If you have a complaint about one of the sites hosted on our servers, contact us at abuse@starburstservices.com and we will be more than happy to help you out.

AUP

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Starburst Services hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Starburst Services notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Starburst Services reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Starburst Services and Customer regarding the interpretation of the AUP, Starburst Services commercially reasonable interpretation of the AUP shall govern.

Here is a list of things we do not allow, this list should assist you in evaluating whether Starburst Services is the right service provider for you.
The contents, links, or actions on any Services listed below are a violation of these terms of service.

  • PU/Memory/Resource Abuse – Excessive server Resources consumption Causing Server Performance Issues
  • Torrent Sites
  • Topsites
  • IRC – Internet Relay Chat Server, including IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs/PUBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Banner exchange or commercial banner ad rotation, free adult tgp (thumbnail gallery post), or free adult image galleries
  • DoS Source – Source of Denial of Service Attack
  • DoS Target – Target of Denial of Service Attack
  • Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
  • Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, images, media etc.
  • PayDay Loan Sites – any site related to PayDay loans, PayDay loan affiliate programs, etc
  • Pharmacy Sites – Sites facilitating the sale of any controlled substance without prior proof of appropriate permit(s), including but not limited to sites designated rogue on legitscript.com
  • Proxy Sites – an Anonymous Proxy Server
  • Virtual Private Network (VPN) Server(s) and/or Tunnels
  • Cryptocurrency Miners
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Anonymous or Bulk SMS Gateways
  • Bulk Email – No more than 500 emails of similar content (Opt In)
  • Spam Email – Unsolicited Bulk Email (UBE)or Unsolicited Commercial Email (UCE)
  • Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Spam Listing – Any spam causing blacklisting of our IP addresses at any RBL for Malicious Activity
  • Spam Site – Any site Advertised by Spam Email or Spam Web

In addition, you shall not link to or host any of the following:

  • Spam Ware – Software Designed for Spamming
  • Spam List – Email Address Lists for Spam
  • Phishing – Identity Theft by Email Under False Pretense
  • Identity Theft – Stolen Account Identification Information
  • Infected Site – Exploits, Trojans, Viruses, or Worms
  • Fraud Site – any Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
  • Investment Sites – FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) 
    or Related Sites
  • Terrorist Site – a Site Advocating Terrorism
  • Illegal Activity – Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark – Trademark Infringed Materials
  • Copyright Infringement – Copyright Infringed Materials
  • Warez – Crackz, Hackz, KeyGenz, Serialz, or any Pirated Software
  • Child Pornography – Pornography Involving a Person Under Legal Age

CUSTOMER INFORMATION

Customer represents and warrants to Starburst Services that the information he, she or it has provided and will provide to Starburst Services for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Starburst Services that he or she is at least 18 years of age. Starburst Services may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. Starburst Services takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through Starburst Services (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

ZERO TOLERANCE SPAM POLICY

Starburst Services has a zero tolerance policy against sending of unsolicited e-mail, bulk emailing and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Accounts found to be sending spam will be terminated indefinitely with or without notice.

Website advertised using SPAM (Spamvertised) cannot be hosted on Starburst Services’s servers. This includes, but is not limited to SPAM sent via email, instant messaging, post mail, phone, fax, comment spam, or usenet/newsgroups. Organizations or entries listed in the ROKSO cannot be hosted on our servers. Accounts which result in our IP space being blacklisted will be immediately suspended or terminated.

Starburst Services reserves the right to charge the owner of the account that is used to send any unsolicited e-mail a clean up fee or any other charges incurred for blacklist removal. The cost of the clean up fee is variant on the degree of blacklist and is entirely at the discretion of Starburst Services.

Starburst Services also reserves the right to request changes or disable (as necessary) any web site, account, database, or other component that does not comply with its established policies — or to make any such modifications in an emergency at its sole discretion.

TECHNICAL SUPPORT BOUNDARIES

Starburst Services provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our CentOS WebPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

Starburst Services does not offer tech support for application specific issues such as CGI programming, html or any other such issue.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless Starburst Services, Starburst Services’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Starburst Services AGAINST LIABILITIES ARISING OF:

1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Starburst Services’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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 Starburst Services’S SERVER.

DISCLAIMER OF WARRANTIES

Starburst Services does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Starburst Services disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.

LIMITATION OF DAMAGES

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Starburst Services and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

SUSPENSION OF SERVICES/TERMINATION

Customer agrees that Starburst Services may suspend services to Customer without notice and without liability if: (i) Starburst Services reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Starburst Services reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Starburst Services reasonable reinstatement fee if service is Starburst Services following a suspension of service under this subsection.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Starburst Services fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Starburst Services prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Starburst Services describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

REQUEST FOR CUSTOMER INFORMATION

Customer agrees that Starburst Services may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Starburst Services believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

BACKUPS AND DATA LOSS COPY

Customer agrees that use of Starburst Services services is at Customers sole risk. Our backups run twice daily and keep your site file changes for up to 7 days. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Starburst Services’s sole discretion.

Any advertised backup services provided by Starburst Services, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on Starburst Services’s servers; Starburst Services is not responsible for any loss of files or data residing on your account.

No backups are performed for virtual private server (VPS/VDS) or dedicated servers, unless you purchase an additional service for backups. Any shared hosting account exceeding 10,000 inodes or 10 GB storage will not be included in Starburst Services’s automatic backup process (this exclusion does not apply to Managed Business plans).

REQUEST FOR RESTORE OF HOSTING PACKAGE

If site backups are offered on the plan, during any service term, customer may request up to one free restore for any reason of choice.
If a customer should need to request a restore after this a $5 one time fee will be enforced.

CHANGES TO STARBURST SERVICES NETWORK

Upgrades and other changes in Starburst Services’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Starburst Services reserves the right to change its network in its commercially reasonable discretion, and Starburst Services shall not be liable for any resulting harm to Customer.

NOTICES

Notices to Starburst Services under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

FORCE MAJORED

Starburst Services shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Starburst Services’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

OVERNING/LAW DISPUTES

The Agreement shall be governed by the laws of the State of Tennessee, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

MISCELLANEOUS

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Starburst Services unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Starburst Services’s’s prior written consent. Starburst Services’s approval for assignment is contingent on the assignee meeting Starburst Services’s credit approval criteria. Starburst Services’s may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

COPYRIGHT FILES

All files stored on Starburst Services’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

CANCELATION OF SERVICE

Starburst Services reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Starburst Services if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to YOU.

PROMOTIONAL RATES & SPECIAL OFFERS

Starburst Services may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment.
As a result of this our promotions are not refundable.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Starburst Services’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Starburst Services or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Starburst Services network. If YOU use a domain name in connection with Starburst Services or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the Starburst Services 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 YOU, logging into a server or account YOU are 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. YOU 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. Starburst Services will cooperate fully with investigations for 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 along with all content 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 there from.

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 website. 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 Starburst Services a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Starburst Services 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

Starburst Services shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Starburst Services. Starburst Services reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

YOU agree to pay Starburst Services prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Starburst Services price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Starburst Services reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Starburst Services to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Starburst Services) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Starburst Services 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. Starburst Services will reinstate YOUR domain name registration solely at Starburst Services’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to Starburst Services

YOU agree to pay Starburst Services prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Starburst Services price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

  • No response from the Registered Name Holder or Administrative Contact
  • Domain name in Registrar Lock Status
  • Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Starburst Services reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Starburst Services to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Starburst Services) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Starburst Services 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. Starburst Services will reinstate YOUR domain name registration solely at Starburst Services discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain away from Starburst Services

Starburst Services reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Starburst Services will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

LAWFUL PURPOSE

Starburst Services reserves the right to refuse service to anyone. YOU may only use Starburst Services server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of Starburst Services management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Starburst Services may disclose any and all YOUR 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.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Oak Ridge, Tennessee, and any dispute will be litigated or arbitrated in Oak Ridge, Tennessee. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL STARBURST SERVICES MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS.

PRIVACY STATEMENT

Starburst Services follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
This policy can be found at Privacy Policy