Standard Conditions of Agreement

 All users and/or clients of STARBAL DOT NET CC, (including users and/or clients who receipt quotations and payment of invoices for hosting, hardware, software and consulting services), agree to comply with STARBAL DOT NET CC Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using STARBAL DOT NET CC services with due regard to the rights of other Internet users and in conformity with the requirements of STARBAL DOT NET CC network environment. The TOS are not exhaustive and STARBAL DOT NET CC reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.starbal.net or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to info@starbal.net. The TOS supersedes any other agreement with STARBAL DOT NET CC, whether written, oral, by conduct, or otherwise.

 

A.Web Hosting & Ecommerce Customer Restrictions

B. Customer Terms of Use

C. Customer Billing Policy

D. VPN Services (Hoarder and Tune appliances)

 
A. Web Hosting & Ecommerce Customer Restrictions
 
The following Terms of Use apply only to STARBAL DOT NET CC Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all STARBAL DOT NET CC customers:
 
Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. STARBAL DOT NET CC will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of R100.00/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. only HTML, ASP, ASP.NET web standards and content (Frameworks (all versions)) will be supported and hosted.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to STARBAL DOT NET CC customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a STARBAL DOT NET CC server, and selling or distributing software (on a Web site residing on a STARBAL DOT NET CC server) that facilitates spamming. Violators will be warned and further violations will be assessed a minimum fine of R2000 and will face immediate suspension. STARBAL DOT NET CC reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
 
Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. STARBAL DOT NET CC does not permit CGI script sharing with domains not hosted by STARBAL DOT NET CC or any scripts that may be abused for UCE purposes.
 
Chat Rooms
STARBAL DOT NET CC does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, STARBAL DOT NET CC provides Java chat rooms that meet most users' needs and run without hindering system performance.
 
Background Running Programs and Cron Jobs
STARBAL DOT NET CC may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact STARBAL DOT NET CC at

 

IRC
STARBAL DOT NET CC does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

 
Software Distribution
STARBAL DOT NET CC Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact
 
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. STARBAL DOT NET CC Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
 

Databases
Any database stored on STARBAL DOT NET CC Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Maintenance
STARBAL DOT NET CC has the right to perform maintenance on the Web hosting infrastructure and may temporarily affect production.

 

No Warranties

 

 

STARBAL DOT NET CC makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by STARBAL DOT NET CC or its agents or employees shall create a warranty. STARBAL DOT NET CC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.

Under no circumstances shall STARBAL DOT NET CC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with STARBAL DOT NET CC service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on STARBAL DOT NET CC servers that such information becomes available to all Internet users and that WebWolf Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of STARBAL DOT NET CC servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through STARBAL DOT NET CC or on the Internet generally.

Priot Agreements
 
This agreement supersedes any written, electronic, or oral communication you may have had with  STARBAL DOT NET CC or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
 
Site Policies, Modificaton and severabilty 
 
Please review our other policies, posted on this site. These policies also govern your visit to  STARBAL DOT NET CC. We reserve the right to change or modify any of the Terms and Conditions contained in this Agreement at any time and from time to time at our sole discretion, and to determine whether and when any such changes apply to both existing or future customers.  STARBAL DOT NET CC may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following  STARBAL DOT NET CC posting of any changes or modifications will constitute your acceptance of such changes or modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
Acknowledgement
 
By placing and continuing to maintain or place information on  STARBAL DOT NET CC servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

B. Customer Terms of Use

 
The following Terms of Use apply to ALL STARBAL DOT NET CC customers:
 
STARBAL DOT NET CC services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that STARBAL DOT NET CC provides to customers); any use by customers, or any access provided to customers by IHOST, LLC, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by STARBAL DOT NET CC to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by STARBAL DOT NET CC to customers, of any space, Internet connectivity, or electrical power; any access or use related to the STARBAL DOT NET CC Web site, including the Web site itself; any other service mentioned in the TOS; any other service provided by STARBAL DOT NET CC to customers, whether used or not; any other STARBAL DOT NET CC services that are used by customers, whether offered or provided by STARBAL DOT NET CC to customers.
 
Ownership of Web Site
The legal owner of customers' Web sites and accounts with STARBAL DOT NET CC will be the individual or organization whose name is listed in STARBAL DOT NET CC database as the owner. Customers will fully cooperate with and abide by any and all of STARBAL DOT NET CC security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with STARBAL DOT NET CC
 
Illegal Use
STARBAL DOT NET CC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing STARBAL DOT NET CC services, all STARBAL DOT NET CC customers certify that they and/or the organization they represent in procuring services from STARBAL DOT NET CC are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
 
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to STARBAL DOT NET CC customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a STARBAL DOT NET CC server, and selling or distributing software (on a Web site residing on a STARBAL DOT NET CC server) that facilitates spamming. Violators will be assessed a minimum fine of ZAR1500 and will face immediate suspension. STARBAL DOT NET CC reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
 
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
 
Viruses and Other Destructive Activities
Use of STARBAL DOT NET CC services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use STARBAL DOT NET CC services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
 
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All STARBAL DOT NET CC customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a STARBAL DOT NET CC customer (per the DMCA) to STARBAL DOT NET CC must follow the below procedures. Copyright infringement notifications submitted to STARBAL DOT NET CC according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at STARBAL DOT NET CC sole discretion.
 



Child Pornography
The use of STARBAL DOT NET CC services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. STARBAL DOT NET CC is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
 
Privacy
STARBAL DOT NET CC is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, STARBAL DOT NET CC urges its customers to assume that all of their on-line communications are insecure. STARBAL DOT NET CC cannot take any responsibility for the security of information transmitted over STARBAL DOT NET CC facilities.
 
Customer Responsibility
Customers are required to use the STARBAL DOT NET CC network responsibly. This includes respecting the other customers of STARBAL DOT NET CC. STARBAL DOT NET CC reserves the right to suspend and/or cancel service with any customer who uses the STARBAL DOT NET CC network in such a way that adversely affects other STARBAL DOT NET CC customers. While STARBAL DOT NET CC may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, STARBAL DOT NET CC does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when STARBAL DOT NET CC becomes aware of any violation of the TOS or other user agreements, STARBAL DOT NET CC may take any action to stop or correct such violation, including, but not limited to, denying access to STARBAL DOT NET CC services and equipment or to the Internet. In addition, STARBAL DOT NET CC may take action against a customer or a customer of such customer because of the activities of such customer. STARBAL DOT NET CC anticipates that customers who offer Internet services will cooperate with STARBAL DOT NET CC in any corrective or preventive action that STARBAL DOT NET CC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of STARBAL DOT NET CC  policy and STARBAL DOT NET CC reserves the right to take any such action even though such action may affect other customers of the STARBAL DOT NET CC customer.
 
Actions Taken by STARBAL DOT NET CC
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. STARBAL DOT NET CC will be the sole arbiter as to what constitutes a violation of the TOS. STARBAL DOT NET CC reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When STARBAL DOT NET CC becomes aware of an alleged violation of its TOS, STARBAL DOT NET CC will initiate an investigation. During the investigation, STARBAL DOT NET CC may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, STARBAL DOT NET CC may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, STARBAL DOT NET CC will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. STARBAL DOT NET CC does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by STARBAL DOT NET CC.
 
Indemnification
STARBAL DOT NET CC customers agree to protect, defend, hold harmless, and indemnify STARBAL DOT NET CC, any third party entity related to STARBAL DOT NET CC (including, without limitation, third party vendors), and STARBAL DOT NET CC executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as STARBAL DOT NET CC, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of STARBAL DOT NET CC services.
 
Disclaimer
The STARBAL DOT NET CC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. STARBAL DOT NET CC expressly disclaims any representation or warranty that the STARBAL DOT NET CC service will be error-free, secure or uninterrupted. No oral advice or written information given by STARBAL DOT NET CC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. STARBAL DOT NET CC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
 
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, STARBAL DOT NET CC may immediately terminate provision of STARBAL DOT NET CC services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against STARBAL DOT NET CC in such event.
 
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL STARBAL DOT NET CC (INCLUDING, WITHOUT LIMITATION, STARBAL DOT NET CC EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS IHOST, LLC, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING STARBAL DOT NET CC SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR STARBAL DOT NET CC, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY STARBAL DOT NET CC SERVICES EVEN IF STARBAL DOT NET CC & PAPER PLANE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARBAL DOT NET CC TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR STARBAL DOT NET CC SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY STARBAL DOT NET CC REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
 
Modifications
STARBAL DOT NET CC may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with STARBAL DOT NET CC Services. Certain changes to STARBAL DOT NET CC services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and STARBAL DOT NET CC is not liable, for any and all such personalized applications and content, except as expressly agreed to by STARBAL DOT NET CC.
 
Backup of Data
Except where STARBAL DOT NET CC has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and STARBAL DOT NET CC is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with STARBAL DOT NET CC services. However STARBAL DOT NET CC does maintain monthly backups as part of disaster recovery policy.
 
Third Party Licenses
STARBAL DOT NET CC makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, STARBAL DOT NET CC makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, STARBAL DOT NET CC specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold STARBAL DOT NET CC liable in any way for the revocation of any license, which has been licensed to STARBAL DOT NET CC. The use of the Technologies obtained from or through STARBAL DOT NET CC, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
 
Non-STARBAL DOT NET CC Products
Any mention of non-ihostasp.net products by STARBAL DOT NET CC, its employees, or any third party entity related to STARBAL DOT NET CC is for information purposes only and does not constitute an endorsement or recommendation by STARBAL DOT NET CC. STARBAL DOT NET CC disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ihostasp.net products or services.
 
Intellectual Property
Customers will not, without STARBAL DOT NET CC express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on STARBAL DOT NET CC Web site, and customers will not use any of STARBAL DOT NET CC trademarks, service marks, copyrighted materials, or other intellectual property without STARBAL DOT NET CC express written consent. Customers will not, in any way, misrepresent their relationship with STARBAL DOT NET CC, attempt to pass themselves off as STARBAL DOT NET CC, or claim that customers are STARBAL DOT NET CC.
 
Assignment
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for STARBAL DOT NET CC services, either in whole or in part, without the prior written consent of STARBAL DOT NET CC.
 
Minimum Age Requirement
STARBAL DOT NET CC customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become an STARBAL DOT NET CC customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for STARBAL DOT NET CC services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains STARBAL DOT NET CC express written consent to the contrary. Any acceptance of the TOS or any other agreement for STARBAL DOT NET CC services will be deemed null and void to the extent that STARBAL DOT NET CC will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of STARBAL DOT NET CC services.
 
 
Force Majeure
STARBAL DOT NET CC will not be liable for delays in its performance of the TOS or STARBAL DOT NET CC services caused by circumstances beyond STARBAL DOT NET CC  reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). STARBAL DOT NET CC will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for STARBAL DOT NET CC services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of STARBAL DOT NET CC.
 
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between STARBAL DOT NET CC and its customers. Each of STARBAL DOT NET CC and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
 
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
 
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for STARBAL DOT NET CC services, constitutes the complete understanding and agreement between STARBAL DOT NET CC and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of STARBAL DOT NET CC, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for STARBAL DOT NET CC services is between STARBAL DOT NET CC and its customers only and will not confer any rights in any third party except as otherwise expressly provided by STARBAL DOT NET CC.


C. Customer Billing Policy
 
The following Terms of Use constitute STARBAL DOT NET CC Billing Policy and apply to ALL STARBAL DOT NET CC customers:
 
Payments
All charges are shown in South African Rands. Payments are to be made in South African Rands. STARBAL DOT NET CC accepts the following types of payment:

Bank WireTransfer


All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide STARBAL DOT NET CC your credit card information, you authorize STARBAL DOT NET CC to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with STARBAL DOT NET CC Billing Policy in the TOS. Charges subsequent to your initial order will accumulate in your account until such charges exceed R100.00. STARBAL DOT NET CC will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying STARBAL DOT NET CC, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (15) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
 
Billing Cycles (Terms)
STARBAL DOT NET CC offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
 
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
 
Statements
STARBAL DOT NET CC does not mail paper invoices or statements. Statements can be viewed and printed through Helm control panel. Customers may elect to receive their monthly account billing statement via email.


Fees
 
Reactivation Customers that wish to reactivate a closed account will be assessed a R60.00 reactivation fee. An R1000.00 fee will be assessed if STARBAL DOT NET CC restores your data files to your reactivated account.
 
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a R60.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.


Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must raise the support ticket or contact STARBAL DOT NET CC Customer Service Team, Monday through Friday, 9:00 A.M. to 5:00 P.M. GMT: 2:00, at (info@starbal.net). STARBAL DOT NET CC customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by STARBAL DOT NET CC a minimum of thirty (30) days prior to the end of your Billing cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your billing cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by STARBAL DOT NET CC. STARBAL DOT NET CC are unable to cancel your account effective for a future date. STARBAL DOT NET CC & will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact STARBAL DOT NET CC as soon as possible.
STARBAL DOT NET CC does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to STARBAL DOT NET CC services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. STARBAL DOT NET CC reserves the right to cancel any account, at any time, without notice, for any reason STARBAL DOT NET CC considers appropriate.
 
30-Day Money Back Guarantee
Each of STARBAL DOT NET CC shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
 
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Billing/Price Changes
STARBAL DOT NET CC policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

 

D. VPN Services (Hoarder / Tube)
 
The following Terms of Use (TOS)  apply also to STARBAL DOT NET CC Hoarder & Tube customers:

Customer understands that, should it request or make any changes to its Firewall or VPN equipment or Services, that such changes may result in a lower level of security and may allow unsecured access to its Network. In the event of any such change, Customer acknowledges and agrees that it shall assume all risks and liabilities associated with or resulting from any such changes.

 

The Service

The user, client or customer is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Service. STARBAL DOT NET CC makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. STARBAL DOT NET CC reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect.

STARBAL DOT NET CC is not responsible for and cannot be held liable for the following:

Ensuring that Customer's applications are performing properly across the VPN

Guaranteeing uptime of hoarder equipment.

Loss of data / business oppertunities because of downtime , faulure of hoarder and tube equipment

Guaranteeing security of customer data and equipment

Latency across the VP

Resolving incompatibilities between Customer workstations & servers and the OpenVPN software

Resolving incompatibilities between Customer workstations & servers and the IPCOP & PFSense Opensource distrubutions

Being in any way responsible for the applications within the Customer's LAN or traversing the VPN.

Assuring Uptime if Dyndns service is used

Customer must insure Hoarder or Tube equipment

*Hoarder bears 6 months guarantee and excludes, power surgers, ligthing, flooding and any 'act of God' disaster

STARBAL DOT NET can provide support on an adhoc/consultation basis. Any installation of starbal appliances does not automatically give unlimited support to:

1. OpenVPN client installation + troubleshooting

2. ISP/Internet related problems (client & server)

3. Firewall rules/block allow for services.

4. Uptime alerting

5. Install/Reinstall of any PFSense/IPCOP base  system

6. Install/Reinstall of any PFSense/IPCOP component or 3rd party modules.

The Monthly Service Fee

STARBAL DOT NET CC may decide to terminate the monthly service at any time without any liability to the user and shall have no obligation to the client/customer after any termination or cancellation of the monthly service agreement. No further invoices will be send to the client after the service was terminalted and the management of the hoarder hardware, PFSENSE software and installed 3rd party open source packages, backup of the configuration and CA, including all related servces will remain the sole responsibility of the client.

a client paying the monthly service, will receive the the following:

1. VPN client profile creation on the appliance and distribution of OPENVPN client package to an appropraite network resource on the client's LAN.

2. Monthly backups offsite of CA keys

3. Monthly backups of PF SENSE global configurations.

 

STARBAL DOT NET CC makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by STARBAL DOT NET CC or its agents or employees shall create a warranty. STARBAL DOT NET CC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.

Under no circumstances shall STARBAL DOT NET CC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with STARBAL DOT NET CC service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on STARBAL DOT NET CC servers that such information becomes available to all Internet users and that STARBAL DOT NET CC has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of STARBAL DOT NET CC servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through STARBAL DOT NET CC or on the Internet generally.