Shooting Star Hosting Terms and Conditions

Shooting Star Hosting | Shared Terms Of Service

Shooting Star, Inc. provides web hosting services to subscribers around the world. The following

terms of service are designed to provide the highest level of service available.

All services provided by Shooting Star, are to be used for lawful purposes only. Transmission,

storage, or presentation of any information, data or material in violation of

any United States Federal, State or Local law is prohibited. This includes, but

is not limited to: copyrighted material, material we judge to be threatening or

obscene, material that jeopardizes national security, or material protected by

trade secret or other laws. The subscriber agrees to indemnify and hold harmless

Shooting Star, from any claims resulting from the subscriber's use of Shooting

Star's services which damages the subscriber or any other party. illegal Pornography is prohibited on any Shooting Star, shared account.

This includes sites that may imply illegal sexual content, or link to adult content

elsewhere that has or implies illegal sexual content or activities. This is also

true for sites that promote any illegal activity or content that may be damaging

to Shooting Star servers or any other server on the Internet. Links to such materials

are also prohibited. Examples of prohibited content or links include

(but are not limited to): IRC Software Pirated software Hacking sites, programs or archives Warez Sites. Distribution of music files or any other material in which the account holder

does not own the copyright. Game Servers (dedicated game server programs)

Shooting Star, will be the sole arbiter as to what constitutes

a violation of this provision. Content that does not meet these standards will

be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

- We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on

our servers or network. Files with references to IRC or any likeness thereof are

prohibited. Also any program that acts like an IRC server or that provide chat

functions that run as background processes are not allowed.

Proxies 

- We do not allow proxy servers of any kind, whether for personal or business

use. Files with references to any proxy or likeness thereof are prohibited.

Port-scanning

- We do not allow any kind of port-scanning to be done on or from our servers or network. Commercial Advertising – Email Spamming, i.e. the sending of unsolicited email, from any Shooting Star server or any server located on the Shooting Star network is STRICTLY prohibited. Shooting Star will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Shooting Star. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited.

All mailing lists run by Shooting Star customers must be Closed-loop ("Confirmed

Opt-in"). The subscription confirmation message received from each address owner

must be kept on file for the duration of the existence of the mailing list. Purchasing

lists of email addresses from 3rd parties for mailing to or from any Shooting Star -hosted domain, or referencing any Shooting Star account, is prohibited. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the

means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing,

denial of service attacks is prohibited. Email address cultivating, or

any unauthorized collecting of email addresses without prior notification of the

email address owner is strictly prohibited. Operating an account on behalf

of, or in connection with, or reselling any service to, persons or firms listed

in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org

is prohibited. ShoutCast Servers - We do not allow Shoutcast

Servers due to bandwidth and load issues.

Background Running Programs:

- We ask that users request permission before enabling persistent background processes

of substantial load. PHP Shell - PHP Shells or any likeness thereof

are prohibited. Files with any reference to PHP Shells or likeness thereof are

prohibited.

Server Abuse:

- Any attempts to undermine or cause harm

to a Shooting Star server or subscriber of Shooting Star or Shooting Star Hosting

is strictly prohibited including, but not limited to: Logging into

a server or account that you are not authorized to access Accessing data

or taking any action to obtain services not intended for you or your use.

Attempting to probe, scan or test the vulnerability of any system, subsystem or

network. Tampering, hacking, modifying, or otherwise corrupting or breaching

security or authentication measures without proper authorization Transmitting

material that contains viruses, Trojan horses, worms, time bombs, cancel bots or

other computer programming routines or engines with the intent or effect of damaging,

destroying, disrupting or otherwise impairing a computer's functionality or the

operation of the System Interfering with, intercepting or expropriating

any system, data or information Interfering with service to any user,

host or network including, without limitation, by means of overloading, "flooding,"

"mailbombing," or "crashing" any computer system Shooting Star, will not tolerate abuse in anyway including but not limited to posting derogatory statements in forums, verbal attacks etc. Anyone doing this will have any accounts on our servers terminated. You will be held responsible

for all actions performed by your account whether it be done by you or by others. All sub-networks of Shooting Star, and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime:

Shooting Star will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled

Downtime"); or service malfunctions, and causes beyond Shooting Star's control

or which are not reasonably foreseeable by Shooting Star, including the interruption

or failure of telecommunications or digital transmission links, hostile network

attacks, or network congestion or other failures. Shooting Star will provide at

least 24 hours advance notice to the subscriber for Scheduled Down times, and will

use commercially reasonable efforts to minimize any other disruption, inaccessibility

and/or inoperability of its web servers. Shooting Star has no responsibility for

downtime resulting from a user's actions. Also, the 100% network up time guarantee

does not apply for shared accounts.

Refunds:

Refunds will be posted for FULL months only, with the exception of

plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated,

Virtual Private, and Dedicated servers are not included for the 30 Day Money Back

Guarantee. Notice of cancellation must be given before the month in question begins.

Setup fee is NON refundable. $14.95 will be deducted from the money refunded if

the user's domain was registered via Shooting Star, Inc.'s free domain registration

method. There are no refunds or 30 day guarantees on any special packages.

30 day guarantee only applies to the Silver Gold and Platinum packages. Any

violation of Shooting Star, Inc.'s Terms of Service Agreement shall result in

no refund.

Limitations on Use:

Any account using 15% or more of the server CPU or memory can be suspended

and/or terminated. Any account that uses excessive amounts of bandwidth

can and will be subjected to bandwidth throttling. Background Processes.

Unauthorized background processes shall result in immediate termination of the

account. Shooting Star maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the

account billing date. The account will not be charged again until the next month's

billing cycle. Billing dates are on the first and 15th of every month.

Check Orders:

Accounts for subscribers who wish to pay by check will be setup when

the check is received by Shooting Star, Inc. Disabling of accounts due

to overdue payment: Accounts will be disabled if payment is not received within

14 days of the invoice date. If your account has been disabled, you may be charged

a re connection fee of up to $50 in order to re-enable your account. Termination

of accounts due to overdue payment: If the account is not paid within 30 days

of the invoice date, the account will be terminated and all information within

the account will be deleted.

Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. This includes,

but is not limited to, billing information in the form of a partial credit card

number or other payment information, or the billing password. Non-secure information,

such as the contact email address or account billing address, is not sufficient

as a security verification. Parked Domain Names: There is a one-time

fee of $15 for parking additional domain names. This fee is nonrefundable.

Virtual Domain Names:

Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

Domain Name Transfers:

Shooting Star shall not be held responsible for domain transfers.

The account holder is responsible for completing any necessary domain name transfers.

Free SSL Secure Certificates:

Free SSL Secure Certificates are provided for all domains hosted on Shooting Star hosting.

Courtesy Services for Customers:

All services such as backup and cPanel are provided for

the courtesy of the subscriber. It is the sole responsibility of the subscriber

to maintain the subscriber's own backup of any data. Shooting Star, is not

responsible for lost data or for lost data due to third party software that is

not maintained by Shooting Star, programming staff. (cPanel is not associated

with Shooting Star,)

Limitation of Damages:

Recovery of damages from Shooting Star may not exceed the amount of fees it

has collected on the account.

General:

Terms Of Service are subject to change without any prior notification. These

Terms of Service are a legally binding contract between the subscriber and Shooting

Star, By opening an account, the subscriber agrees to the above-stated

terms. Anything not listed in the Terms of Service is open to interpretation

and change by Shooting Star, administrators without prior notice. All

prices, with the exception of the 30-day money back guarantee, are nonrefundable

and nonnegotiable. The 30-day money back guarantee does not pertain to

Virtual Dedicated and Full Dedicated server plans. Any violation of these

Terms of Service will result in termination of the account. Shooting Star,

maintains the right to terminate accounts without prior notification. We

reserve the right to remove any account with 15 days prior notice.

Dispute Resolution:

Any dispute between Shooting Star and a subscriber shall

be determined by arbitration conducted by the American Arbitration Association

pursuant to its commercial arbitration rules. The arbitrator shall decide any

dispute in accordance with Maryland law, without the application of choice of

law principles. Each party shall bear its own expenses and legal fees for the

arbitration. The arbitration shall be conducted in Baltimore County, Maryland, unless

both parties agree in writing to a different location. The arbitration award is

enforceable as a judgment of any court having proper jurisdiction.