Gold Star Web Hosting's Terms Of Service
Gold Star Web Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Gold Star Web Hosting are subject to the following terms of service:
You agree to use all Gold Star Web Hosting services and facilities at your own risk. You agree to regularly back up your own files, emails and databases. In no event shall Gold Star Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Gold Star Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Gold Star Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Gold Star Web Hosting against liabilities arising out of (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with or from Gold Star Web Hosting servers, (2) any material supllied by customer infringing or allegedly infringing on the propeierary rights of a third party, (3) copyright infringements and (4) any defective products sold to customers or ditributed from Gold Star Web Hosting's server.
Gold Star Web Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. This may include account termination without refund. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Gold Star Web Hosting's server. Gold Star Web Hosting shall be the sole judge of what violates this policy.
Payment/Renewal of Services:
All accounts on a prepay basis only. Although Gold Star Web Hosting reserves the right to change prices of plans and services at any time, all pricing is guaranteed for the period of prepayment. Renewal of services will be due upon the anniversary of the account being set up. An invoice for due amount will be sent to account holder 14 days before due date. Where clients have automated subscription in place, invoice will still be issued 14 days before renewal date, but payment will automatically be taken on due date unless closure notice of account already given or automated subscription has been cancelled. It will be clients responsibility to ensure invoice is paid by due date, but this by initiating one off payment or ensuring automated subscription is in place. In order to streamline our accounting procedures and to keep costs down to clients, Gold Star Web Hosting accepts the following payment options: Credit/Debit card: Gold Star Web Hosting accepts MasterCard, Visa, Switch and Solo via the secure payment processor Paypal. Gold Star Web Hosting My Account Credit: You can, at any stage, add credit to your My Account area which can then be used for any future or subsequent invoices. Paypal: Payment can be made by Paypal. Direct Bank Transfer: This option is available upon request. All payments are in UK sterling.
As above, invoices will be issued to clients 14 days before due date. All account renewals are invoiced according to the dates they were first set up (regardless of when client first used service). Any late payments will be subject to an additional 10% admin fee (min. £5) If payment has not been received within 5 days of invoice due date passing, your account will be suspended. Suspended accounts will only be reactivated upon full payment of due amount including any late payment fees. If payment for service still not received by 30 days after due date, your account will be terminated. You will only receive one further invoice after due date to remind you. Such suspensions/terminations, will also apply where any automated subscription sees declined payment, be this the client or processors fault.
Hosting accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web hosting services of the their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's website. Exceptions to this include ad banners, classified ads and personal ads. You must not divulge your username or password to any other person and you should take reasonable precautions to ensure that other people do not discover it. Gold Star Web Hosting reserves the right to refuse service and/or access to its servers to anyone.
You are responsible for keeping your own regular and up to date back ups of your files, folders, emails and databases. Gold Star Web Hosting backs up your website data on a regular basis, however, this is part of server back ups rather than individual hosting accounts. It is highly recommended that you make and keep an independent and regular back up of all your data stored on your virtual server. Restoration/retrieval of individual files or data can be made, but involves a lot of staff time, so requests for restoration of individual files/databases due to non or incomeplete back ups by account holder, can be made but incur a fee of £199.
Acceptable Use Policy:
All services provided by Gold Star Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Local, UK, European Union or wordwide law/regulation is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Gold Star Web Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Gold Star Web Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising. The designation of adult, sexually explicit or hardcore material if left entirely to the discretion of Gold Star Web Hosting. Warez - includes pirated software, ROMS, emulators, phreaking, phishing, hacking, password cracking, IP spoofing, etc and encrypting of any those listed are also prohibited. Also prohibited are any sites which provide links to or how to information. Gaming websites - includes pirated software, software downloads, etc and encrypting of any of the above.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to any violation of above will not be refunded under any circumstances.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
Gold Star Web Hosting reserves the right to amend the above list at any time.
LIMITATION OF LIABILITY:
Gold Star Web Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Gold Star Web Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Gold Star Web Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Gold Star Web Hosting servers. All damages shall be limited to the immediate termination of service.
Cancellation & Refunds:
Unlimited Use Policy:
Gold Star Web Hosting provides unlimited usage on it's Premium Plan by maintaining very large ratios of bandwidth per account. In very rare and exception cases, Gold Star Web Hosting may find a clients account to be using server resources to such an extent that he or she may jeopardise server performance and resources for other clients. In such circumstances, Gold Star Web Hosting may require client to have their own VPS to ensure fair service and consideration to others is maintained.
Gold Star Web Hosting cannot be held liable for system downtime, crashes, or data loss. Gold Star Web Hosting cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Gold Star Web Hosting will not be responsible for any damages your business may suffer. Gold Star Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Gold Star Web Hosting disclaims any warranty or mechantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery and any service interruptions caused by Gold Star Web Hosting, its employees, supplies, customers or any third parties. Certain services provided by Gold Star Web Hosting are resold. Thus, certain equipment, routing, software, and programming used by Gold Star Web Hosting are not directly owned or written by Gold Star Web Hosting. Moreover, Gold Star Web Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Gold Star Web Hosting sees fit. FURTHERMORE, Gold Star Web Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
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