We thank you for your business. We look forward to a long and lasting relationship with you. We are located at:
Star1web
Star Photography and Productions
P.O. Box 751
Rio Linda, CA 95673
Please make note of the following:
a. To receive support please fill in our form at http://www.star1web.com/support/support.html
Or Call / FAX
b. Voice (916-991-1279) or (888-833-5077)
c. Fax (916-991-1279)
Web contract
Below is the web space rental contract. Please do not mail or fax this contract to Star1web as it is being accepted online.
If you should have any questions or comments, please feel free to email us at support@star1web.com or phone us at either (916-991-1279) or (888-833-5077)
. We appreciate your business!
**Note**
The governing agency which assigns domain names, InterNic,will charge a fee for registering domains. The initial charge is $70,which will pay for two years, via email. You can find out more about the InterNic at: http://rs.internic.net/
Customer Agreement
This standard web hosting contract shall be binding between star1web/Star Photography and Productions and those parties who contract such services.
By and between star1web.com (a web services web site owned by Star Photography and Productions), a California company.
and
Your organization
with its place of business for the purpose of this agreement at Your Place of Business ("Customer"). In consideration of the mutual covenants herein, the
parties agree to the following, which shall apply during the term of this agreement.
1) Definitions:
A: means proposals for offering various services to be provided
by Star1web, as listed online at:
http://www.star1web.com/hosting/hosting.html
B: "Customer" means an end user who is utilizing services provided by Star1web.
2) Prices
A: All prices for Plans provided by Star1web to Customer are US dollars.
B: Customer shall be responsible for paying all taxes of any nature which become due with regard to the Star1web services, except for taxes on Star1web's income, irrespective of which party may be responsible for reporting or collecting such taxes.
3) Order acceptance, Payment
A: All orders are subject to acceptance by Star1web. An order will be deemed accepted by Star1web when written confirmation of the orders is sent to customer. Star1web may refuse to accept any order, or delay acceptance pending fulfillment of conditions Star1web may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Star1web agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order.
B: Payment and Terms: Payment shall be made in US dollars to Star1web into the account designed by Star1web, or as may otherwise be agreed in writing by the parties. Payments are due upon account activation and future renewal. Parties making payment by one of the following payment methods for renewals will receive a notification via the US mail system: 1)Credit Card, 2)Checks, or 3)Money Orders. Notifications will be mailed out thirty (30) days prior to the renewal date. Parties making payment by credit card for renewals will receive a notification three (3) days prior to the renewal date via email. Should payment in full of any invoice not be received by Star1web within thirty (30) days after activation for renewal, Star1web may impose a dept service charge amounting to one percent(1%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In the event that any amount remains unpaid thirty (30) days after presentation of invoice, Star1web may discontinue, withhold, or suspend services to customer and/or its customer(s) to whom such unpaid amounts relate.
4) DUTIES OF Star1web:
Star1web will acquire, on request, an Internet Domain Name on behalf of the customer. In such case the customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Star1web for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Star1web for any reason. Any cost of Star1web in obtaining or maintaining a domain name for customer or its customers shall be immediately reimbursed to Star1web upon invoice from Star1web to customer.
5) Rules And Regulations
Star1web may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. This information is posted on the Internet at: http://www.star1web.com/hosting/usepolicy.html
6) LIMITATION OF Star1web's OBLIGATIONS AND LIABILITY
A: Star1web will utilize its best efforts to maintain acceptable performance of services contracted for services, but Star1web makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Star1web cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the Internet. Star1web will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or sorted on its system. Star1web shall not be liable to customer or any of its customers for any claims or damages which may be suffered by customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by ,or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Star1web.
B: Star1web may discontinue servicing any plan, or may require fulfillment of conditions Star1web may choose to impose as a perquisite for continuing to service any plan. Unsolicited e-mail using machines controlled by Star1web or unsolicited e-mail to advertise web pages hosted at Star1web (even if messages are sent via other e-mail providers)are unacceptable.Advertising,Marketing, or selling software products for the purpose of spamming (even if not engaged in spamming yourself) are reasons for discontinuation service. Such discontinuation or requirement may not be unreasonable, however, and Star1web agrees to provide customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions.
C: Service provided by Star1web to a customer shall be deemed accepted for all purposes thirty days from activation or renewal for such services, if no written claim or objection regarding such services has been received by Star1web within the (30)day period. No claim related to such accepted services shall be raised.
D: Star1web's liability to customer, and any end user of any plan or other Star1web services is limited to the amount paid to and received by Star1web for services not accepted. In no event shall Star1web be liable to customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Star1web has been advised of the possibility of such damage.
E: Customer will take all necessary measures to preclude Star1web from being made a party to any lawsuit or claim regarding Star1web services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Star1web from any and all claims of whatever nature brought by any of Customer's customers against Star1web in excess of the remedy set forth in paragraph 6 (D).
7) PROPERTY RIGHTS
Star1web owns all right, title and interest in Star1web's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to customer to use Star1web's trade names of service marks. The use by customer of the other property rights mentioned here is authorized only for the purpose of marketing and selling Plans in the territory.
8) CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with Star1web hereunder, it may have access to certain information and materials to Star1web's business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to Star1web, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Star1web. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement there shall be no use or disclosure by the customer of any such confidential information in its possession, and all confidential materials shall be returned to Star1web or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Star1web shall be entitled to injunctive relief, which relief shall not be contested by customer.
9) RELATIONSHIP OF THE PARTIES
The relationship between Star1web and customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Star1web, or in any way legally bind Star1web in any fashion, nor shall Customer be authorized to make any representations about Star1web or its services other than to set forth Star1web's responsibilities as outlined in this agreement.
10) DISPUTES
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Sacramento California, or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgement upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
11) TERM, TERMINATION:
This agreement shall run in accordance with the term of the initial order. All terminations should be faxed to 916-991-1279 or you can mail a hard copy to Star1web,,P.O.Box 751, Rio Linda, CA. 95673. The account will be automatically renewed on a regular basis in accordance with the term of the initial order or subsequent change to that term unless terminated in one of the following ways:
A: By customer, by notifying Star1web in writing twenty (20) days prior to renewal of this agreement. If notification is not received 20 days prior a refund will not be issued.
B: Star1web, upon thirty (30) days written notice, if customer breaches any material and substantial provision of this agreement and has not cured by the end of the thirty (30) days.
C: Cancellation of services, set up fees, installation fees, host system change, parking fees, provisioning, and consulting fees are non-refundable.
D: Notification must be received within 30 days of the original order being placed with the exception of items in 11-C.
E: For changes to your account being method of payment or to update information go to our online support.
F: Non-payment on renewals
G: All NSF checks will not be redeposited. Another method of payment will have to be used. A cashier check,money order, or credit card can be used. The web site will be on hold until payment is received.
1) Star1web provides customer with written notice of the specific reasons for its belief in this regard, and
2) Customer has not cured by the end of sixty (60) days.
D: By Star1web, immediately upon giving written notice to customer, in the Event that
1) Any bank draft or check delivered by customer to Star1web in payment for products is returned unpaid and customer fails to remedy such nonpayment within five (5) business days. A $25.00 fee will be charged to customer for returned checks.
2) Customer becomes more than sixty (60) days in arrears in payment of its account with Star1web;
3) There are instituted bankruptcy or insolvency proceedings against customer, which are not vacated within sixty (60) days from the date of filing;
4) Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or
5) Customer makes an assignment of all or part of its assets for the benefit of creditors.
E: By Star1web immediately, if Customer attempts to assign all or any part of this Agreement without Star1web's prior written approval;
F: By Star1web immediately, if customer fails to inform Star1web in writing immediately on the happening of any event specified in this section;
G: By customer, immediately upon giving written notice to Star1web, if
1) There are instituted bankruptcy or insolvency proceedings against Star1web, which are not vacated within sixty (60) days from the date of filing;
2) Star1web institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;
3) Star1web makes an assignment of all or part of its assets for the benefit of creditors; or
4) Star1web fails to inform customer in writing immediately on the happening of any event specified in this section.
The provisions of paragraph survive any termination of this agreement.
12) NONASSIGNABILITY
Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Star1web which consent shall not be unreasonably refused.
13) PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Star1web and customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provisions.
14) APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes place when accepted by Star1web in California, It is to be governed by and constructed under the laws of the State of California and the United States Of America. The Federal and State Courts of the state of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to 1)the jurisdiction of the courts of California and 2)service of process being effective on it by mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Star1web. To the extent permissible by the law of customer's jurisdiction, customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
15) NOTICES
Except with respect to services of process as set forth in paragraph (11) all notices may be sent by e-mail, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission shall be retained.
16) ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Star1web may make changes to this agreement upon thirty (30) days' written notice to customer, advising of the change and the effective date thereof. Utilization of Star1web services by customer and/or its Customers following the effective date of such change shall constitute acceptance by customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.
Star1web
Michael G. Crotts
Star1web,
916-991-1279 or 888-833-5077
