Please report any violations of our Terms and Conditions of Service to abuse@darkstarmediallc.com. Due to our Privacy Policy, we will likely not be able to give you any information about any action we may take in response to your report, but we will give it full consideration, and we strive to make sure every member knows and follows our Terms and Conditions of Service at all times.
Terms and Conditions of Service
AWARENESS OF TERMS AND CONDITIONS
DarkStar Media LLC, ("DarkStar Media" or we/us) provides certain content- hosting services ("Services") to you, subject to these Terms and Conditions of Service ("TACOS").
We may change these TACOS or make new TACOS at any time. Although we will attempt to notify you through reasonable means when the TACOS change, we are under no obligation to do so.
Current Terms and Conditions of Service can be found at http://hosting.darkstarmediallc.com/knowledgebase.php?action=displayarticle&id=4
ACCOUNT REGISTRATION
Your account identifies you as a person and is non-transferable. You may not have more than one account. You may not set up an account for an individual other than yourself, access any account other than your own, or let anyone else access your account..
You must provide accurate, complete, and current information about yourself as needed for registration and payment ("Registration Information"). In the event of a change, you must promptly update the Registration Information to ensure that it remains accurate, complete, and current.
At our sole discretion, we may grant exceptions to this account registration policy
REFUNDS
We want you to be happy with our service. However, we understand that it is not for everyone. Unfortunately, refunds for unused remaining services or account balances are non-refundable.
We will close your membership at any time upon request. However, if you have registered domains through us, you must transfer them elsewhere or abandon them prior to requesting cancellation.
NON-REFUNDABLE CREDIT
There are certain actions you can take, such as transferring an account to another member, which will convert your balance into a non-refundable credit. Also, we may offer incentives or bonuses in the form of non-refundable credits. PayPal payments made from email addresses other than the email address in your Registration Information may be regarded as nonrefundable credits.
Non-refundable credits cannot be refunded (hence the name). If you have a nonrefundable credit in your account when you close it, you may designate a website hosted by our service belonging to another member. We will transfer the nonrefundable credit to the account funding that website.
If you indicate that you are abandoning the nonrefundable balance, or if your account is dormant (i.e. has no sites and no activity) for over one year and is funded only by nonrefundable credit, that credit shall be forfeited.
Under no circumstances (except as required by law) will we ever accept money from one party and pay it out to another party.
TRANSFERS
You and another account holder may jointly request that we transfer account items or resources from your membership to theirs. In general we will be happy to do so, however there may be fees and costs to do so.
You and another account holder may jointly request that we transfer some or all Services (sites, domain names, MySQL servers) from an account under your name to one under theirs. The recipient's account must be funded. We generally require that related items stay together (such as a site and its domain name, if applicable).
If you give control over your account to another person, we may choose to treat this as a transfer of accounts from one account holder to another. Both account holders must provide documented approval of transfer. In that case, fees and costs for the transfer will be taken from the account funds of your account first and any additional expense will be debited to the receiving account. We will notify you and/or the other person before doing so and provide you with an opportunity to explain before taking this action.
CONTENT
You are solely responsible for any and all information, literature, software, works of art, or any other materials ("Content") you make available using the Services.
You may not upload, publish, or otherwise use the Services to make available any content that:
CONDUCT
You may not:
We may provide a variety of ancillary services from time to time for the express purpose of facilitating your ability to upload and manage your Content. You may not use said ancillary services (including but not limited to ssh access) for any other purpose.
INTERNATIONAL USE
It is your sole responsibility to ensure your compliance with any and all applicable local laws regarding online conduct and acceptable Content.
DarkStar Media LLC will generally cooperate with foreign authorities in the investigation or prosecution of alleged criminal activities. There is one important exception to this policy. We will generally not help authorities of any repressive foreign government to investigate or prosecute alleged criminal activities if (and only if) the scope of those activities is limited to the operation of a website on our service that is critical of that government in a manner that would be Constitutionally protected speech in the United States.
This exception is granted on a case-by-case basis. You should not assume you have this protection unless we have told you in writing that you do. You should not bet your life or your family's life on our ability to protect you. Under no circumstances will this protection extend to non-speech-related criminal activity.
INDEMNITY
You indemnify and hold harmless DarkStar Media LLC and its subsidiaries, affiliates, owners, officers, directors, agents, partners, employees, and contractors from any and all claims, demands, losses, causes of action, damages, lawsuits, and judgments, including attorneys' fees and costs, arising out of or relating to your Content, your use of the Services, or your activities in conjunction with the Services.
MODIFICATIONS TO SERVICES
DarkStar Media LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice.
SECURITY AND AVAILABILITY OF CONTENT
DarkStar Media LLC makes a good faith effort to provide the Services in a reliable and consistent fashion. No guarantee is made as to the availability of Content at a particular time or the persistence of Content. Similarly, DarkStar Media LLC makes a good faith effort to ensure the security of your Content but cannot guarantee it will remain secure. It is your sole responsibility to secure your Content and to restore it in the event of a system failure.
TERMINATION
DarkStar Media LLC reserves the right at any time and for any reason, including but not limited to your violation of these TACOS, to limit, suspend, or terminate your use of the Services and to discard any of your Content. Such termination of your use of the Services may be performed without prior notice, and DarkStar Media LLC may immediately deactivate or delete your Content and all related files relating to the Services and/or bar all access to the same. DarkStar Media LLC will not be liable to you or to any third party for any termination of your access to Services.
If DarkStar Media LLC terminates your service because you violated our TACOS, we may retain some or all of any balance remaining in your account as liquidated damages. You will remain liable for any additional damages you cause DarkStar Media LLC by your violation of these TACOS. Please respect our TACOS.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
DarkStar Media LLC, including but not limited to its officers, directors, owners, employees, and contractors, shall not under any circumstances be liable for any direct, indirect, incidental, special, consequential, exemplary, or any other type of damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses even if DarkStar Media LLC has been specifically advised of the possibility of such damages. Your sole remedy regardless of the circumstances shall be the return of funds contained in your Account(s) that have not been disbursed or allocated to pay for Services provided or liquidated damages.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
You are solely responsible for any and all fees associated with obtaining access to DarkStar Media LLC and associated Services.
NOTICE
Notices to you may be made through regular mail, electronic mail, via the DarkStar Media LLC hosting or other DarkStar Media LLC website, or during the normal course of providing the Services.
GENERAL INFORMATION
These TACOS constitute the entire agreement between you and DarkStar Media LLC. The TACOS govern your use of the Services, superseding any prior agreements between you and DarkStar Media LLC including but not limited to any prior versions of the TACOS. The TACOS and the relationship between you and DarkStar Media LLC shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. The failure of DarkStar Media LLC to exercise or enforce any right or provision of the TACOS shall not constitute a waiver of such right or provision. If any provision of the TACOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TACOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action you have arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action first arose or be forever barred. The section titles in the TACOS are for clarity only and have no legal or contractual effect.