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TERMS OF SERVICE
Host 5 Stars is an internet based service. Host 5 Stars provides domain registration
and web hosting. Domain registration is done through accredited domain
registrars. In some cases it is possible that someone else may register
your domain name before we do. We accept no liability for this or any
other circumstances that may result in this failure. In which event, a
refund will be issued unless if you request another name instead.
Host 5 Stars reserves the right to refuse service to anyone at any given
time for reason(s) of infringement of copyrights or any other reason(s)
at its sole discretion.
SERVICE USAGE POLICY
Host 5 Stars does not allow any of the following content to be stored in
the web hosting space (ftp space included) that you are provided with.
This applies to both free and paid hosting.
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any Federal,
State or Local regulation.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of any of
the above. Also includes any sites which provide "links to" or "how to"
information about such material.
Spam (unsolicited
bulk e-mail) - No spamming is allowed. We reserve the right to cancel
anyone spamming immediately and without refund.
if you are found to be engaging in any of the above activities then your
account will be terminated without warning and you will not be entitled
to any refunds, including the money back guarantee, that you would otherwise
have been entitled to on leaving/canceling your account with us
HIGH RESOURCE USER POLICY
Resources
are defined as bandwidth and/or processor utilization.
Host 5 Stars may at any given time implement the following policy to its
sole discretion:
When a website is found to be monopolizing the resources available Host 5 Stars
reserves the right to suspend that site immediately. This policy is only
implemented in extreme circumstances and is intended to prevent the misuse
of servers on which your site will be hosted or any other servers with
which your site is associated with.
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 prepay basis. Although Host 5 Stars reserves the
right to change prices of accounts or services at any time, all pricing
is guaranteed for the period of prepayment.
For annual accounts,
payment is due each anniversary year of the date the account was established.
Customers will be expected to renew their account at the end of their
prepay period. The account will be automatically charged for the next
year unless a cancellation form is submitted.
In situations where the account holder does not renew his/her account
(whether yearly or monthly) Host5star will suspend the service after three
failed attempts to retrieve the payment. To reactivate the account at
this point, there is a $5 reactivation fee plus the monthly or yearly
payment due. Host 5 Stars does not guarantee that suspended sites will remain
intact on our servers.
In addition, Host5star
reserves the right to suspend other services by the same customer with
an outstanding balance, until the outstanding debt is cleared. The
customer is responsible for all money owed on the account from the time
it was established to the time that the customer submits a cancellation
form. No other method whether written or verbal
will be accepted for cancelling an account.
No bills or invoices will be sent by regular (postal) mail. All invoices
will be sent directly to customers via email after the online purchase
has been made. At this point the customer's card will be charged automatically.
Money Back Guarantee
The 30-day money-back guarantee starts from the date of the purchase as
reflected on your pay receipt. The money back guarantee does NOT apply
to domain registrations, it ONLY applies to hosting packages. ( Domain
names are like property, once we have registered them for you, we can
not undo the registration hence we cant offer a refund for them, this
also applies to names registered incorrectly as a result of your having
made a mistake during the signup process, so make sure you check the name
you have filled in before you proceed to make payment. )
To receive money
back according to our guarantee, the customer must only submit a cancellation
form. The cancellation form dates the day of cancellation and if that
date is within 30 days of the customer's signup date, the money is refunded
and a confirmation of cancellation is sent.
CANCELLATION AND REFUNDS
Host 5 Stars reserves the right to cancel services at any time. In this event
that this cancellation is not due to a violation of the terms of service,
customers will be entitled to a pro rata refund based upon the remaining
period of membership. If a customer contravenes Host 5 Stars service usage
policy and or our terms of agreement a refund will only be issued at our
discretion.
Customers may cancel their account at any time. However,
they MUST cancel using the cancellation
form. Any incentives or "promotional gifts" offered to customers
when opening the account will also be cancelled. Customers may be given
the option to purchase services which were offered as start-up incentives
in the result of a cancellation.
Fees charged on a prepay basis are only refundable where the money-back
guarantee applies (see above).
INDEMNIFICATION
The customer agrees that any domain name registered by Host 5 Stars on his/her
behalf is to the best of their knowledge NOT in violation of any trademarks
or any other statutes.
Customer agrees that it shall defend, indemnify, save and hold Host 5 Stars
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Host 5 Stars`s owners,
their agents, their 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, agents, employees or assigns of the owners
of Host 5 Stars. Customer agrees to defend, indemnify and hold harmless Host 5 Starss
owner/s against liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise distributed in connection
with Host 5 Stars. (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 Host 5 Stars
DISCLAIMER
Host 5 Stars will not be responsible for any damages your business may suffer.
Host 5 Stars makes no warranties of any kind, expressed or implied for services
we provide. Host 5 Stars disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting from delays,
server malfunctions, missed backups, non-deliveries, wrong delivery, and
any and all service interruptions caused by Host 5 Stars`s proprietors and
their employees. Host 5 Stars reserves the right to revise its policies at
any time.
YOU refers to the party with whom Host 5 Stars has entered into agreements/contracts
with and including his/her agents
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