Terms and Conditions
ATTENTION: Please review the following Terms and Conditions in their entirety before using the system. This system is referred to as “the Site” or http://asternetwork.com throughout this document. The Site is operated by Aster Network team (referred to as “us,” “we,” or “our” throughout this document. This Agreement is a legally binding agreement and stipulates the terms and conditions for the use of the site located at http://asternetwork.com. By accessing or utilizing this site in any manner, including visiting and browsing the contents of the site, contributing content and other materials to the site, you as the User agree to be bound by the following Terms and Conditions. You will find that the terms that are capitalized are defined within the Agreement for your understanding.
1. CANCELLATION OF SERVICES:
AsterNetwork, the host of the Site, reserves full rights to cancel service to you, the user, for any reason, without notice. When appropriate, AsterNetwork will return any fees paid for unused services to you the User, on a pro-rated basis. Such discretion is left to AsterNetwork, and will be consistent with the terms of this Agreement. To the extent that no such terms are set forth within this Agreement, discretion for the refund of payment for unused services rests solely with AsterNetwork. In some instances, when fees are related to licenses or bundles that are unable to be refunded on a pro-rated basis, AsterNetwork is under no obligation to issue a refund. Some examples of these non-refundable fees include, but are not limited to the following:
- Domain name registration and transfer fees;
- SSL certificates;
- Dedicated server orders and related fees;
- Downgrade and upgrade fees for services;
- Fees for any products purchased through AsterNetwork;
- Setup fees
- IP fees.
In the event that your account is cancelled by AsterNetwork and you attempt to re-register a new account with AsterNetwork without the express written consent of AsterNetwork, AsterNetwork reserves full rights to cancel your account and retain all fees paid as part of your re-registration, regardless of whether any services have been rendered to you by AsterNetwork. This forfeiture of fees is permissible for unapproved re-registrations.
2. NON-TRANSFERABILITY OF USER ACCOUNTS:
AsterNetwork accounts may not be transferred to another party. AsterNetwork accounts may not be used by anyone other than the subscriber listed on the account. Users may not sell, lease, rent, loan or assign accounts to any party that has not expressly accepted these Terms and Conditions and agreed to be bound by the Terms and Conditions set forth in this Agreement. Users are also not permitted to use shared hosting accounts for resale purposes. Violations of any of the provisions of this section of the Agreement are ground for suspension and closure of a User account. Any and all sites hosted by AsterNetwork must be registered with AsterNetwork unless expressly authorized in writing by Aster Network prior to account setup. In addition, accounts, hosting services and domain name transfers must be approved by the AsterNetwork Billing Department. This Department may be contacted at billing@AsterNetwork.com
3. INDEMNIFICATION OF AsterNetwork:
All Users agree to, and shall, without any limitations or exceptions, indemnify, defend and hold harmless AsterNetwork and any of its subsidiaries, affiliates, officers, co-branders, agents, partners and employees from and against any demand, claim, action, liability, damages, loss, expenses or costs, including attorneys’ fees, which are due in part or in whole to any violation or breach of this Agreement by the User. These violations and breaches include, but are not limited to the following:
- Any of the events described in the Terms of this Agreement;
- Any breach of this Agreement by any User;
- Any information or data loss that is submitted, posted, transmitted, or received by any User as part of any of the services offered by AsterNetwork;
- The use by any User of any service offered by AsterNetwork
- Any User’s violation of any third party rights;
- Any act or omission by any User or any User’s agents.
4. WARRANT TO AsterNetwork:
You, the User, warrant that:
- a. You shall ensure that your use of services provided by AsterNetwork shall not disrupt the Network, its associated networks or any equipment that forms part of the system, or the permitted activities of any other Users of any Service provided by AsterNetwork.
- b. You will maintain the security of any and all files and content that is installed under your hosting account, and that you will maintain all software that is installed, ensuring that it is kept up to date with the latest version, in an attempt to avoid security breaches.
- c. You will not utilize excessive amounts of resources on the system provided by AsterNetwork, and in those instances in which AsterNetwork deems that you are utilizing an excessive amount of system resources, AsterNetwork reserves all rights to place a limit on any processes or services in your account in an attempt to prevent disruption of services to other customers on the network.
- d. You will not utilize services provided by AsterNetwork in a manner that is deemed solely by AsterNetwork to be damaging, disruptive, offensive, unlawful or intrusive.
- e. You will not send any unsolicited mass mailings from any other services that implicates the use of services provided by AsterNetwork, AsterNetwork’s equipment, or any site hosted on any AsterNetwork Site or network.
- f. You will not utilize any service, e-mail address or equipment provided by AsterNetwork in connection with the transmission of identical, similar or substantially similar unsolicited messages to 50 or more recipients, or eight or more email address groups in a single day.
- g. You will ensure that any materials that are submitted for publication using any AsterNetwork service do not violate or infringe upon any trademark, patent, copyright, statutory common law or any proprietary interest of others, or contain any content that is deemed to be obscene or libelous.
- h. You are authorized and able to enter into this Agreement, and you are at least eighteen (18) years of age, or you are a parent or a guardian of a user that is under the age of eighteen (18), and you accept full responsibility for the minor child’s use of the network.
- i. You will cooperate with authorities and AsterNetwork in the event that any investigation is conducted into any material that could infringe upon another party’s copyright.
- j. You will comply with any other organizations’ networks and resources, and you will comply with their permission and usage policies, as stipulated by their User Agreements.
5. DOMAIN RENEWAL:
For all new domains, you, the User, agree to pay an annual registration fee. This fee is non-refundable, and will appear on your billing statement, unless you have made prior arrangements with AsterNetwork Customer Service Department. As the User, it is your sole responsibility to cancel the renewal of any services once the domain has been invoiced. This cancellation must occur within seven days prior to the renewal date. AsterNetwork reserves the right to withhold refunds on any domain renewal that is processed. You, the User, agree to contact regarding the continuation or cancellation of the aforementioned service for any expired domain name you own.
6. DIRECTORY LISTINGS:
You, the User, agree that AsterNetwork has the right to identify you in any relevant directory of Subscribers.
7. HOSTING LIMITS:
Hosting space on the AsterNetwork is intended for normal use by Users, and is limited to Web files, e-mail and content of any hosted Web sites. This hosting space is not intended for the storage of media or any data, or for the sole purpose of mass solicitation and mass e-mails. Hosting space on the AsterNetwork may not be used as cloud storage or offsite storage for electronic files and media, or for third-party FTP or e-mail hosting. You, the User, are responsible for removing any files that do not meet the requirements set forth by AsterNetwork. You are also responsible for adhering to any hosting space and disk usage limits that are allocated to your account(s) with AsterNetwork. Failure to adhere to these rules may result in the removal and deletion of any materials found to be in violation of this Agreement, as well as discontinuation of your account or services provided to you. In addition, as pertaining to MS SQL remote management and connections, the remote connection interface that is provided is to be used only for the purpose of managing your MS SQL database remotely. This connection is not for the purpose of using MS SQL for remote SQL storage for other sites or applications. Violation of this rule will result in account suspension or termination.
You, the User, must formally notify AsterNetwork of any desired cancellation by completing an Account Cancellation Form. You may contact a Customer Executive to obtain this Form; once you complete the Form, return it to AsterNetwork. Orders received for any accounts that were previously cancelled will not be processed, and these accounts will not be activated by AsterNetwork. Any credit card chargeback or Paypal chargeback will result in an automatic cancellation and deletion of the customer’s account(s) from the AsterNetwork servers. A $10 re-activation fee will be applied to all accounts that are suspended for non-payments of fees assessed. There will also be a $10 reinstatement fee applied to any previously cancelled account. If you, the User, transfer your domain to another provider, this does not constitute canceling your account with AsterNetwork.
9. SERVICE FEES:
AsterNetwork reserves full rights to charge the following fees; these fees are non-refundable.
- Domain Migration Fees, from one Billing account with AsterNetwork to another;
- Hosting Plan Migration Fees, from one Billing account with AsterNetwork to another;
- Reinstatement Fee for Cancelled or Suspended Packages or Accounts;
- EU Taxes of 25%
- Any and all setup fees.
AsterNetwork may communicate with you, the User, through e-mail in regard to any issues related to billing, changes, additions or any modifications to the AsterNetwork network. It is your responsibility as the User to provide a valid, functioning e-mail address, and to check your e-mail address for any e-mail sent to you. In addition, you also have a further responsibility to inform AsterNetwork in regards to any changes to your account information. This information includes, but is not limited to your name, phone number and mailing address. AsterNetwork may require you to provide verification of this information for security purposes, before allowing you to make any changes to an account. The use of profanity in language, or any type of abuse toward any AsterNetwork employee via chat, e-mail, phone, e-ticket system, or in any other form will result in a complete block of your use of the AsterNetwork support system. This behavior will also result in the cancellation of your account with no refund due to you for services not received.
11. BACKUP AND DATA LOSS:
AsterNetwork is not responsible for the loss of files or other data. The responsibility for file and data transfer and the maintenance of backup files is the sole responsibility of the User. Backup files are used solely by AsterNetwork only for emergency or server restorations. AsterNetwork will not maintain backups for accounts that have been suspended or terminated. In addition, AsterNetwork will not be responsible for any data loss that is related to any accounts that have a past due invoice of fees, or have been suspended for non-payment of fees. AsterNetwork will not be held responsible by any User for any data loss.
12. UPTIME GUARANTEE:
AsterNetwork.com guarantees Users that all User website(s) will be up and running as expected for at least 99.9% of the time during any 12-month period. This guarantee by AsterNetwork includes network uptime and server uptime. Please note that AsterNetwork cannot be held responsible for any upstream problems that are outside of the AsterNetwork network, or areas where AsterNetwork.com has no direct influence. These areas include backbone provider failures, fiber-optic main line cuts, DNS issues or Registrar problems with any subscriber’s domain name(s) or any routing problems between a client’s location and the AsterNetwork data center. The AsterNetwork uptime guarantee also does not apply if the service interruption was caused by a natural event or unnatural event that is not directly under the control or the jurisdiction of AsterNetwork. AsterNetwork may temporarily terminate or deny Service upon a client’s failure to pay any assessed charges at the time the invoice is due. AsterNetwork.com guarantees 99.9% network uptime and server stability to clients. This guarantee does not apply to the following issues:
- a. Breakdown of server hardware and related issues;
- b. User error or purposeful interruptions by Users, including when a client shuts his own server down;
- c. Network failures due to the use of software that is not explicitly supported by AsterNetwork.com. In addition, if a hardware crash happens and is deemed to be provoked by the customer, AsterNetwork claims no responsibility for any resulting downtime.
Any network outages or unexpected downtime includes, but is not limted to, any unplanned or unexpected interruption in the AsterNetwork network availability due to hardware, software, data center problem or network connectivity, during which a 100% packet loss is experienced. Scheduled downtime includes, but is not limited to, any scheduled interruption of services by AsterNetwork for the purpose of upgrades of network hardware and software, or the replacement of any AsterNetwork network equipment that is meant to provide better service to AsterNetwork customers. Scheduled downtimes will occur within pre-notifiied downtime periods, with warnings of downtime sent to Users via e-mail or posted in the AsterNetwork news section with at least 24 hours of advance notice.
13. DISCLAIMER OF WARRANTIES:
AsterNetwork makes no warranties of any kind for any of the services provided for under this Agreement, whether express, statutory or implied. This includes, but is not limited to any warranties regarding merchantability, fitness for use or particular purposes, and/or non-infringement. As the User, your use of any service provided by AsterNetwork is done at your sole risk. Any services provided by AsterNetwork are extended to Users on an “as-is” basis and an “as-available” basis. Unless otherwise stated in the terms of this Agreement, AsterNetwork expressly disclaims all promises, representations and/or warranties as relating to any and all AsterNetwork services, 3rd party software and/or add-on software, including, but not limited to the condition, the conformity to any representation or description, and the existence of any defects, whether patent or latent. In addition, AsterNetwork makes no warranty that any services offered by AsterNetwork will conform to the following:
- a. meet the requirements or expectations of Users;
- b. be uninterrupted, timely, secure, or error-free;
- c. be accurate or reliable with respect to any results obtained from the use of any service offered by AsterNetwork;
- d. that any errors or defects in any service offered by AsterNetwork will be capable of correction.
Under no circumstances should any advice or information proffered by AsterNetwork or its agents, whether written or oral, create any expectation by Users that contravenes the disclaimers set forth above.
14. LIMITATION OF LIABILITY.
You expressly acknowledge and agree that AsterNetwork shall not be liable for any indirect, incidental, special, consequential, or exemplary losses or damages, including without limitation damages for lost profits, foodwill, use, data, down time, failure to realize savings, or other indirect loss (even if advised as to the possibility of such damages) resulting from:
- a. the use or the inability to use any service offered by AsterNetwork;
- b. any breach of a representation or warranty to a third-party with respect to any good or service sold by you and involving the use of any service offered by AsterNetwork;
- c. unauthorized access to, alternation of, or disclosure of your data as it relates to any service offered by AsterNetwork; d. any other matter relating to any service offered by AsterNetwork;
15. NO AGENCY.
The relationship between you and AsterNetwork is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16. NO ASSIGNMENT.
Your right to use any service provided by AsterNetwork is not transferable and is subject to any limits established by AsterNetwork. You may not assign or transfer this Agreement in whole or in part to any third party without AsterNetwork’s express, written consent, which shall be given, if at all, in AsterNetwork’s sole discretion. AsterNetwork may assign this Agreement at will.
17. BINDING OBLIGATION AND AUTHORITY.
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are registering on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall be inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to AsterNetwork may be made by such contact information as may be designated by AsterNetwork for such purpose. AsterNetwork may modify the terms and conditions of this Agreement, modify the prices of any Services governed by this Agreement, as well as discontinue or change the scope of any such Services with or without prior notification.
19. FORCE MAJEURE.
AsterNetwork shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
AsterNetwork is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any AsterNetwork services or property. All communications to and from AsterNetwork personnel via e-ticket, e-mail, and live chat are confidential and property of AsterNetwork, and can not be disclosed or distributed to any third-party without the express written consent of AsterNetwork.
21. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by AsterNetwork upon AsterNetwork’s posting of a new version at http://www.AsterNetwork.com/terms.php
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Any section headings are provided herein for convenience only, and form no part of this Agreement. Said headings will not affect the interpretation of this Agreement.
The failure of AsterNetwork to take action to enforce or require the enforcement of any provision of this Agreement will not constituted or be construed by any Party to be a waiver of the right of AsterNetwork to enforce or require enforcement of that or any other provision now or in the future.
Any cause of action arising out of this Agreement or related to these Terms and Conditions must commence within one (1) year after the cause of action arose, or any such cause of action is otherwise permanently forfeited. All provisions set forth in this Agreement regarding representations and warranties, disclaimers, ownership, indemnifications and limitations on liability shall survive any termination of this Agreement, except as expressly set forth within the Terms and Conditions to the contrary.
26. INTELLECTUAL PROPERTY:
The Site and its content, features and functionality are owned by Aster Network team. These items are protected by international copyright, trademark, patent, trade secret and other intellectual and proprietary rights laws.
27. GOVERNING LAW:
This Agreement and any further rules, policies and guidelines shall be governed in accordance with the laws of Sweden, without giving any effect to any principles of conflicts with other laws.
27. Anti SPAM Policy:
Spam is strictly against our Terms of Service. AsterNetwork maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).Read full Anti SPAM Policy
28. CHANGES TO THIS AGREEMENT:
AsterNetwork reserves the right, at our sole discrection, to modify these Terms and Conditions, or replace them by posting updated Terms and Conditions on the Site. As the User, your continued use of the Site after the publication of such changes constitutes your acceptance of any new or updated Terms and Conditions. You should review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, you should not use, access or continue to access the Site, and should discontinue any use of the Site immediately.