Scheduled Maintenance and Downtime
SeaStarNet will use 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 SeaStarNet's control or which are not reasonably foreseeable by SeaStarNet, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. SeaStarNet will provide at least 12 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SeaStarNet has no responsibility for downtime resulting from a user's actions.
Any violation of SeaStarNet's Terms of Service Agreement shall result in no refund of fees.
Limitations on Use
For shared server plans, 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.
Accounts are for user's own use only. Users are not allowed to give away their webspace for free, or sublet to other users.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. SeaStarNet 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.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when SeaStarNet receives the check
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 reconnection 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.
You agree that SeaStarNet, in its sole discretion, may terminate your use of the SeaStarNet services immediately, and remove and discard any content within the SeaStarNet service for any reason, including, without limitation, if SeaStarNet believes that you have violated this Agreement. SeaStarNet reserves the right, in its sole discretion, to terminate your access to any or all services at SeaStarNet Web Hosting Service and the related services or any portion thereof at any time, with 10 days notice. The subscriber agrees that it shall have no cause of action for any loss of business/profits and or for any damages whatsoever. Further, the subscriber agrees that SeaStarNet shall not be liable to the subscriber or any third-party for any termination of the access to SeaStarNet. SeaStarNet shall also have the right to notify directly all the clients and the users of the subscribers of its website of the closure.
In the event of any termination under the paragraph above, any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, domain registration fees, credit card fees, or other fees which are all non-refundable.
Trial period - Under special circumstances or promotions, SeaStarNet may offer free trial periods for its services for defined periods. Within the trial period, both the subscriber and SeaStarNet may terminate the services with immediate effect, for any or no reason. You agree that SeaStarNet shall not be liable to you or any third-party for any termination of your access to SeaStarNet.
Courtesy Services for Subscribers
All services such as backup and Control panels 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. SeaStarNet is not responsible for lost data or for lost data due to third party software that is not maintained by SeaStarNet staff.
Limitation of Damages
Recovery of damages from SeaStarNet may not exceed the amount of fees it has collected on the account.
SeaStarNet shall under no circumstances be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from subscriber's use of or inability to use the services, or for third parties' use of the service to access subscriber's Web space, or to access the Internet or any part thereof, or any third parties' reliance of 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.
Terms Of Service are subject to change by posting the updated versions on our website. Each and every such amendment shall be become effective immediately for all existing and future accounts. By opening an account, the subscriber agrees to the above-stated terms. Any violation of these Terms of Service will result in termination of the account without prior notification. We reserve the right to remove any account with 15 days prior notice.
The subscriber shall indemnify, defend and hold harmless SeaStarNet from any and all liability, penalties, losses, damages, costs on a solicitor and client basis, expenses, attorneys' fees of whatever nature arising out of or in connection with any claim or action made against the SeaStarNet caused by or resulting directly or indirectly from the use of the services herein without any limitation or exception or from the conduct of the subscriber. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Any disputes arising out of or in connection with this Agreement shall be submitted to the Singapore Mediation Centre for mediation and in that regard the parties agree
(a) to abide by the Singapore Mediation Centre's Mediation Procedure and the annexures thereto and that the mediation and the terms and process of mediation including all fees shall be governed by the said mediation procedure and the annexures thereto
(b) and to abide by any settlement and to the effect the terms thereof reached through such mediation.