Services Agreement (the "Agreement") contains the complete
terms and conditions which govern your subscription of Web hosting,
E-commerce and other Internet-related services provided by SilverStar
WebDesigns (the "Services"). As used in this Agreement,
"SSWD" means SilverStar WebDesigns and "Client",
"you", or "your" means you. By Signing this
document, you acknowledge that you have read the Agreement, and
you agree to its terms and conditions and all policies posted on
the SilverStar WebDesigns site. As referred to in this Agreement,
"Site" refers to a World Wide Web site and " SilverStar
WebDesigns Site" refers to the Site located at the URL http://www.silverstarsites.net
, or any other successor Sites owned or maintained by SilverStar
APPROPRIATE USE OF THE SERVICES.
WebDesigns provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of data other
than as necessary to provide such Services.
· Client Content. Client agrees that it will not distribute,
electronically transmit or display any materials supplied by Client
- or through Client by a third party - to any SilverStar WebDesigns
server in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of SilverStar
WebDesigns or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any SilverStar WebDesigns policy posted on the SilverStar
WebDesigns Site including, but not limited to, our Acceptable
Use Policy (includes Adult Content Policy), UCE (SPAM) Policy,
and CGI Abuse Policy.
contain viruses or other computer programming defects which
result in damage to SilverStar WebDesigns or any third party.
· Bandwidth. Client may occupy only the amount of disk space
on the SilverStar WebDesigns Server and utilize no more than the
network bandwidth that is allotted by SilverStar WebDesigns. Additional
fees, specified in the Virtual Host plans page, will be charged
for exceeding the disk space and/or network bandwidth allowance
of your selected plan.
· No "Spam". Client shall not use the Services
for chain letters, junk mail, spamming, or any use of distribution
lists to any person who has not given specific permission to be
included in such a process. Client also shall not engage in any
unsolicited email practices at SilverStar WebDesigns, or otherwise,
that mentions or reference any domain hosted on SilverStar WebDesigns
servers or parked on SilverStar WebDesigns DNS servers. (Refer
to our UCE (SPAM) Policy).
· Licensed Software Only. Client agrees to use only properly
licensed third party software in connection with Client's use
of the Services.
· Back-up Files. Client will have the ability to reinstate
files which are automatically archived by SilverStar WebDesigns;
however, SilverStar WebDesigns does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore,
Client is responsible for making back-up files in connection with
its use of the Services. Backup capability is available through
the Client's Control Panel.
· Termination. SilverStar WebDesigns, in its sole discretion,
may immediately terminate this Agreement if Client engages in
any of the foregoing. To report any unacceptable behavior by a
third party using the Services, please contact email@example.com.
· Service Fees. By the Tenth (10th) of each month, SilverStar
WebDesigns shall either (i) debit Client's credit card (where
such information is provided by Client) or (ii) deliver by e-mail
or regular mail an invoice to Client in accordance with the applicable
Services fees for services rendered for the current month. Where
an invoice is delivered to Client, Client shall remit payment
to SilverStar WebDesigns by no later than the specified payment
due date. SilverStar WebDesigns shall be entitled to immediately
terminate this Agreement for Client's failure to make timely payments
to SilverStar WebDesigns. Certain services carry a setup fee charged
by SilverStar WebDesigns to Client that must be paid by Client
in order to have use of the Services. If Client terminates this
Agreement in accordance with Section 4 hereunder, Client shall
be responsible for any outstanding fees owed to SilverStar WebDesigns
and agrees to pay any and all fees incurred by Client. Because
the Services are provided on a monthly basis, Client will be responsible
for Service fees incurred each month regardless of when Client
provides notice of termination. Thus, for example, if Client provides
notice to terminate on the 15th of a particular month, Client
will still owe fees for the entire month and such fees will not
be prorated or refunded. If Client has retained the Services for
one (1) year and has prepaid SilverStar WebDesigns for such Services,
refunds will be issued for any unused full month portions of the
Services upon Clients request. Therefore, if Client's account
is canceled at any point during the one (1) year term, Client
will be entitled to a refund for the months remaining after notice
given by the 25th of the preceding month.
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.
· Domain Names. If Client chooses to register a
domain name(s) through SilverStar WebDesigns, Client acknowledges
and agrees that Client will pay a registration fee(s) to register
the domain name(s) with the applicable domain name registrar.
SilverStar WebDesigns does not offer refunds for domain name registrations
for any reason, including misspelling of the domain name.
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall SilverStar WebDesigns
be liable to any third party for Client's breach or alleged breach
of any of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless SilverStar
WebDesigns from any and all expenses, losses, liabilities, damages
or third party claims resulting from Client's breach or alleged
breach of any Client obligations set forth hereunder.
TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless
terminated earlier pursuant to the provisions of this Section
4. Either party will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating this
Agreement, Client must follow instructions for cancellation provided
on the Server Cancellation Information page. The essence of this
page states that Client must contact the SilverStar WebDesigns
to receive a cancellation number, which Client shall retain as
proof of termination, and all cancellation requests must be received
by the Twenty-fifth (25th) of the respective month of cancellation.
Any other attempt by Client to cancel this Agreement by verbal, written
or e-mail notice shall be void. Sections 3 - 8 shall survive termination
or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to reinstate
Client's use of the Services within Seven (7) business days of
cancellation. Client shall pay a fee of Fifty Dollars ($50) prior
to any reinstatement of Client's account. Once payment has been
received, Client's account will be activated within Forty-eight
(48) business hours. SilverStar WebDesigns will maintain an archival
copy of Client's Web site for Seven (7) days after SilverStar
WebDesigns receives notice of cancellation. Thereafter, Client
will need to place a new order if it wishes to subscribe to the
Any violation of our Terms of Service Agreement
shall result in no refund.
4.1 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. Liquid Web maintains
the right to cancel accounts at its discretion.
Client will pay and indemnify and hold SilverStar WebDesigns harmless
from any and all taxes associated with or arising from Client's
use of the Services, including any penalties and interest and
any costs associated with the collection or withholding thereof.
DISCLAIMER OF WARRANTY
THE SERVICES, THE SILVERSTAR WEBDESIGNS SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON
THE SILVERSTAR WEBDESIGNS SITE, AND ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. SILVERSTAR WEBDESIGNS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE
FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING
FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SILVERSTAR WEBDESIGNS SPECIFICALLY DISCLAIMS ANY WARRANTY
THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2)
DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SILVERSTAR WEBDESIGNS BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SILVERSTAR WEBDESIGNS
SITE OR ANY SILVERSTAR WEBDESIGNS PRODUCTS OR SERVICES, OR FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS
OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SILVERSTAR WEBDESIGNS'
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED
DOLLARS ($500 US).
· Notices. Any notices or communication under this Agreement
shall be in writing and shall be deemed delivered to the party
receiving such communication at the address specified below (1)
on the delivery date if delivered personally to the party, or
a representative of the party; (2) one business day after deposit
with a commercial overnight carrier, with written verification
of receipt; (3) five business days after the mailing date, whether
or not received, if sent by postal mail, return receipt requested;
(4) on the delivery date if transmitted by confirmed facsimile.
to SilverStar WebDesigns:
P.O. Box 1372
Buffalo NY 14220
and address provided for account setup.
any of the provisions, or portions thereof, of this Agreement are
found to be invalid under any applicable statute or rule of law,
then, that provision notwithstanding, this Agreement shall remain
in full force and effect and such provision or portion thereof shall
be deemed omitted. This Agreement (including the Exhibits, attachments
and/or addenda, if any,) represents the entire agreement of the
parties with respect of the subject matter hereof and supersedes
all prior and/or contemporaneous agreements or understandings, written
or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken
hereunder may not be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated by SilverStar
WebDesigns. Any waiver or any provision of this Agreement, or a
delay by any party in the enforcement of any right hereunder, shall
neither be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In any
legal proceeding between the parties under this Agreement, the prevailing
party shall be entitled to recover its costs, expenses and reasonable
attorneys' fees. This Agreement is made under and shall be governed
by the laws of the United States of America, except with regard
to it's conflict of law rules. This Agreement and SilverStar WebDesigns
' policies are subject to change by SilverStar WebDesigns without
notice. Continued usage of the Services after a change to this Agreement
by SilverStar WebDesigns or after a new policy is implemented and
posted on the SilverStar WebDesigns Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the
SilverStar WebDesigns Site for any changes or additions.