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Subscription Services
Terms of Use
- General
- Star-Tech, Inc. Subscription Service(s)
("Service") are provided to Subscriber as a Subscription
under the terms and conditions of this Star-Tech Subscription Service
Agreement and all written amendments thereto and any operating rules or
policies established by Star-Tech (collectively, the
"Agreement"), including Acceptable Use Policies which may be
changed from time to time. Star-Tech reserves the right, in its sole
discretion, to change, modify, add or remove all or part of the
Agreement at any time.
- By accepting the terms and conditions of the
Agreement, Subscriber:
- represents and warrants that it:
- is a company or business located within the
United States or Canada,
- authorizes the representatives initiating
and accessing the Service to do so on its behalf,
- will restrict such representatives to
persons 18 years old or older,
- agrees to provide true, accurate, current and
complete information about Subscriber as prompted by the Account
Registration Form or as requested at any time; and
- agrees to maintain and update this
information to keep it true, accurate, current and complete. If any
information provided by Subscriber is untrue, inaccurate, not current
or incomplete, Star-Tech has the right to terminate Subscriber's
account and refuse any and all current or future use of the Service.
- Acceptance. By completing the account
registration process and clicking the "I Accept" and/or
"I Agree" button(s), or by utilizing or allowing other
persons to use the Service provided in any way, Subscriber agrees to be
bound by this Agreement, including the Acceptable Use Policies. No
modification or rejection of terms by Subscriber is permitted. If the
Subscriber finds the existing terms and conditions of the agreement or
any future changes to the terms and conditions of the Agreement to be
unacceptable, and the Subscriber has made any use of the Service
whatsoever, the Subscribers sole recourse is cancellation pursuant to
Sections VI-B and VI-C below.
- Description of Star-Tech Service.
- Star-Tech provides interactive web-based
Services across the WorldWideWeb in an ASP ("Application Service
Provider") model. The Services are hosted by a third-party
provider who makes available to Star-Tech the capacity, bandwidth, and
backup services to support the Star-Tech Service. As required,
relational databases are employed for recording of the necessary
information to drive the application. Star-Tech also provides
Subscriber with access to certain proprietary Software
("Software") and technical support services to facilitate the
operation of the Service.
- No Subscriber may post to the Star-Tech
Service(s) any content, products, services, notices, or other
information that, in Star-Tech's sole determination, may be illegal to
sell under any applicable law, statute, ordinance or regulation, that
may infringe or violate any person's rights, or that Star-Tech
believes, in its sole discretion, is inflammatory, offensive, contrary
to Acceptable Use Policies or otherwise inconsistent with the spirit of
Star-Tech. These criteria are minimum requirements only and Star-Tech
in its sole discretion may consider other criteria regarding postings
to its Service(s).
- Nothing in this agreement obligates Star-Tech
or its service provider(s) to list, link to, accept or display any
specific posting anywhere within Star-Tech's Service. Star-Tech
reserves the right to refuse to accept or continue to provide service
to any Subscriber's Website which it believes, in its sole discretion:
- offers for sale goods or services, or uses or
displays materials, that are illegal, obscene, vulgar, offensive,
dangerous or are otherwise inappropriate;
- received a significant number of complaints
for failing to be reasonably accessible to customers;
- has become the subject of a government
complaint or investigation; or
- has violated or threatens to violate the
letter or spirit of the Agreement or the Star-Tech Acceptable Use
Policies.
- Technical support and web site capabilities
will be provided in accordance with Star-Tech's then current
capabilities for support of the services, which may be modified from
time to time at Star-Tech's sole discretion. Star-Tech does not provide
support services for issues relating to goods or services offered by
our Subscribers, or to any support services other than as expressly
provided by this Agreement.
- Subscriber's Obligations.
- Subscriber acknowledges and agrees that it
shall be responsible for all goods and services offered at Subscriber's
Site, all materials used or displayed at the Site, and all acts or
omissions that occur at the Site or in connection with Subscriber's
account or password.
- Subscriber agrees to provide Star-Tech with
Subscriber's current contact information, including but not limited to
Subscriber's organization name, mailing address, street address (if
different), telephone number, and e-mail address. Subscriber also
agrees to update such information to keep it true, accurate, current
and complete.
- Subscriber agrees that any and all press
releases and other public announcements related to this Agreement and
subsequent transactions between Star-Tech and Subscriber, including the
method and timing of such announcements, must be approved in advance by
an authorized representative of Star-Tech in writing. Star-Tech
reserves the right to withhold approval of any public announcement in
its sole discretion. Without limitation, any breach of Subscriber's
obligation regarding public announcements shall be a material breach of
the Agreement.
- Subscriber represents and warrants that it has
full power and authority under all relevant laws and regulations:
- To offer and sell the goods and services
offered a the Site, including but not limited to holding all necessary
licenses from all necessary jurisdictions;
- to engage in the advertising and sale of the
goods or services offered at the Site;
- to copy and display the materials used or
displayed at the Site.
- Subscriber represents and warrants that it
will comply with the then current Acceptable Use Policy required by
Star-Tech and its service providers and will not engage in any
activities:
- that constitute or encourage a violation of
any applicable federal, state or international law or regulation
including but not limited to the sale of illegal goods or the
violation of export control or obscenity laws;
- that defame, impersonate or invade the
privacy of any third party or entity;
- that infringe the rights of any third party,
including but not limited to the intellectual property, business,
contractual or fiduciary rights of others and
- that are in any way connected with the
transmission of "junk mail", "spam" or the
unsolicited mass distribution of e-mail or with any unethical
practices.
- Proprietary Rights
- Software License. Star-Tech hereby grants
Subscriber a non-exclusive, non-transferable license to use the
Software in object code form only on a server controlled by Star-Tech's
service providers for the sole purpose of creating and maintaining
Subscriber's Service. Subscriber is not being granted any right to copy
the Software or use it on computers other than a server controlled by
Star-Tech's service providers. Subscriber may not use Web pages or
parts of Web pages generated by means of the Software, other than
content that originates from and is proprietary to Subscriber, on any
server other than the servers controlled by Star-Tech service
providers, nor may Web Pages generated by the Software be used for any
other purpose that fulfilling the Subscription Service to the
Subscriber. Except for the limited use set forth in this Section,
Subscriber is granted no other rights in and to the proprietary
software and Intellectual Property of Star-Tech or its service
providers.
- Subscriber also acknowledges and agrees that
the Software is intended for access and use by means of web browsing
software and that neither Star-Tech or its service providers commit to
support any particular browsing platform. Star-Tech and its service
providers reserve the right to revise and modify the Software at any
time, release subsequent versions thereof and to alter features,
specifications, capabilities, functions and other characteristics of
the Software, without notice to Subscriber. If any revision or
modification to the Software materially changes Subscriber's ability to
conduct business, Subscriber's sole remedy is to terminate the
Agreement pursuant to Section VI.B regarding termination of service.
- Intellectual Property. Subscriber acknowledges
and agrees that content available from Star-Tech, its service providers
or the Service, including but not limited to text, software, music,
sound, logos, trademarks, service marks, photographs, graphics, or
video, is protected by copyright, trademark, patent or other
proprietary rights and laws and may not be used in any manner other
than as specified in Section IV.A above. This Agreement does not grant
Subscriber any right, title, interest in or to any of the Marks of
Star-Tech or its service providers.
- Subscriber's Property. Subscriber agrees that
by using the Service, Subscriber grants Star-Tech and its service
providers, successors and assigns, a non-exclusive, worldwide,
royalty-free, perpetual, non-revocable license under Subscriber's
copyrights and other intellectual property rights, if any, in all
material and content displayed in Subscriber's Site to use, distribute,
display, reproduce, and create derivative works from such material in
any and all media, and to display in any manner and on any Star-Tech or
service provider property the results of search queries and comparisons
conducted using Star-Tech Service. Subscriber also grants Star-Tech and
its service providers the right to maintain such content on Star-Tech
and its service providers' servers during the term of the Agreement and
to authorize the downloading and printing of such material, or any
portion thereof, by Web page visitors for their personal use.
- Unauthorized Access. Subscriber shall not
attempt to gain unauthorized access to any servers controlled by
Star-Tech or its service providers. Subscriber will immediately notify
Star-Tech at support@star-tech.org if Subscriber becomes aware that any
unauthorized access has occurred, has been attempted or is intended.
- Term
- Term. The term of the Agreement shall be one
calendar month commencing on the first day of the month. Regardless of
the actual subscription date, the first month of the Subscription will
be considered to be the first day of the month in which the Subscriber
completes the Registration process and pays the Initial Setup Fee.
There is no fee for the month in which the Setup Fee is paid. The term
shall automatically renew for successive monthly periods at renewal
rates applicable at the time, unless Subscriber chooses non-renewal in
accordance with Section V-C or terminates the Subscription in
accordance with Section V-D, below; provided, however, that to qualify
for each renewal Subscriber must at the time of renewal be in
substantial compliance with the material terms and conditions of the
Agreement. Star-Tech shall have the right but not the obligation to
review any Subscriber's Site for compliance with the Agreement as part
of the renewal process, or at any time.
- Extended Term. Star-Tech offers Subscribers the
opportunity to pay for an extended Subscription at reduced rates.
Quarterly and Annual Extended Terms are offered. By selecting an
Extended Term option, the Subscriber will have created a Term that will
end on the last day of the last month through which he has paid. Since
preferred rates are offered to Subscribers who select Extended Terms,
Star-Tech does not provide early cancellation.
- Non-Renewal. Subscribers may choose not to
renew at the end of their current term without notice. Star-Tech will
not provide refunds, nor pro-rate fees for any period prior to the end
of the current term then in effect.
- Trial Period: Subscriber may terminate the
Agreement within the first ten calendar days after Initial Setup Fee is
paid. Any payments will be refunded to Subscriber within thirty days of
receipt of the termination notice. Termination notice under this
Section 6.2 must be provided in the manner described in Section 14.
- Fees and Payment
- Subscriber shall pay Star-Tech pursuant to the
following payment plan. Time is of the essence for all payments.
- PayPal Payment Plan: Subscriber shall pay an
account initiation fee, monthly subscription fee and other fees as
specified at time of registration and as modified from time to time
pursuant to Agreement. All such fees are due and payable in U.S.
dollars to Star-Tech. Subscriber may choose any valid PayPal option to
make payments. PayPal payments are due five (5) days before the end of
the current term.
- Company Check Payment Plan: Subscribers may
pay Annual Renewals only by company check. Payments by company check
are due fifteen (15) days before the end of the current term, and must
reflect a full year renewal, or they will be returned.
- Delinquent payments. If a payment is late in
arriving, Star-Tech will assume the Subscriber has opted for
Non-renewal of the Subscription. The records of the Subscription will
be maintained in an inaccessible area for one month. After that time,
all records of the Subscription will be destroyed.
- Star-Tech may alter its fee schedules and
terms of the Agreement without advance notice to Subscriber. Nothing in
this Agreement shall be construed in any way to require Star-Tech to
provide or to continue to provide Services. Subscriber's sole recourse is
termination pursuant to Section V-C of this Agreement.
- Termination
- Termination: Either party may terminate the
Agreement on 30 days notice if the other party has materially breached
or is otherwise not in compliance with any provision of the Agreement, and
such breach or noncompliance is not cured within such 30 day period.
Star-Tech reserves the right to immediately suspend any customer or
Subscriber access to the Site, without notice, until such breach or
noncompliance is cured.
- Termination for Illegal or Other Activity.
Notwithstanding the foregoing, Star-Tech may, but has no duty to,
immediately terminate Subscriber and remove it from Star-Tech or
service providers' servers without notice if Star-Tech or its service
providers in their sole and individual discretion conclude that
Subscriber is engaged in illegal activities, or the sale of illegal or
harmful goods or services, or engaged in activities or sales that may
damage the rights of Star-Tech or others. Any termination under this
Section 7.2 shall take effect immediately and Subscriber expressly
agrees that it shall not have any opportunity to cure.
- Waiver. Subscriber expressly waives any
statutory or other legal protection in conflict with the provisions of
this Section VII, to the fullest extent permitted by law.
- Deletion of Information. Upon termination,
Star-Tech reserves the right to delete from its servers any and all
information contained in Subscriber's account including Subscriber's
own proprietary information, reference materials, information about
Subscriber's organization including its Members, Subscribers, UserIDs,
and Passwords.
- This provision expressly confirms that Section
IV (Proprietary Rights), Section X (Indemnification), Section XI
(Disclaimer of Warranties and Liabilities), Section XVI (Dispute
Resolution and Arbitration) of this agreement shall survive any
termination of the Agreement.
- Subscriber Privacy
- Subscriber Information. Star-Tech maintains
information about Subscriber and Subscriber's Website on Star-Tech or
its service providers' servers, including but not limited to
Subscribers' account registration information. Subscriber agrees that
Star-Tech may use Subscriber information for marketing or other
promotional purposes and may share this information with its affiliates
and partners. To remove this consent, Subscriber must notify Star-Tech
by electronic mail directed to support@star-tech.org, with receipt
acknowledged, by providing all Subscriber's contact information,
including but not limited to: Subscriber's Company Name, address,
telephone number, fax number, web site address and e-mail address.
- Disclosure by Star-Tech. Subscriber agrees
that Star-Tech may disclose Subscriber information in good faith belief
that such an action is reasonably necessary:
- to comply with the law;
- to comply with the legal process;
- to enforce the Agreement;
- to respond to claims that Subscriber or Site
is engaged in activities that violate the rights of third parties; or
- to protect the rights or interest of
Star-Tech, its service providers or others.
Nothing in this section
shall impose a duty on Star-Tech to make any such disclosures.
- Password. Subscriber shall receive a password
from Star-Tech or its service providers to provide access to any use of
the Software and Services. Subscriber is entirely responsible for any
and all activities, which occur under Subscriber's account and
password. Subscriber agrees to keep its password confidential, to allow
no other person or company to use its account, and immediately to
notify Star-Tech by electronic mail directed to support@star-tech.org
if Subscriber has any reason to believe that the security of its
account or Star-Tech's Service has been compromised.
- Technical Access. Subscriber acknowledges and
agrees that technical processing of Subscriber Information is and may
be required:
- for the Service to function;
- to conform to the technical requirements of
connecting networks;
- to conform to the technical requirements of
the Service; or
- to conform to other, similar technical
requirements.
Subscriber also
acknowledges and agrees that Star-Tech or its service providers may access
Subscriber's account and its contents as necessary to identify or resolve
technical problems or respond to complaints about the Service.
- Privacy Liability. Star-Tech and its service
providers are not liable for any lack of privacy which may be
experienced with regard to services provided under this Agreement.
Subscriber authorizes Star-Tech and its service providers to monitor
and record calls to Star-Tech and to its service providers concerning
Subscriber's account or services.
- Maintenance and Support
- Subscriber can obtain assistance with
technical difficulties that may arise in connection with Subscriber's
utilization of the software or Online Site Services by requesting
assistance by electronic mail to support@star-tech.org, or by request
to the then current customer service telephone number posted at
www.star-tech.org. Star-Tech reserves the right to establish
limitations on the extent of such support, and the hours at which it is
available.
- Subscriber is responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed
for its access to and use of the Software and Online Site Services and
Subscriber shall be responsible for all charges related thereto.
- Indemnification
- Subscriber agrees to indemnify and hold
harmless Star-Tech and its parents, subsidiaries, affiliates, officers,
directors, shareholders, employees, agents, and service providers from
any claim or demand, including attorneys fees, including any and all
claims made by any third party due to or arising out of Subscriber's
conduct, Subscriber's site visitors or customers' conduct, the conduct
of any service provider, Subscriber's use of Service or any claims
based upon the suspension, cancellation or termination by Star-Tech or
its service providers, or any alleged violation of the Agreement, or
any alleged violation of any rights of another, including but not
limited to Subscriber use of any content, trademarks, service marks,
trade names, copyrighted or patented material, or other intellectual
property used in connection with Subscriber's Site. Star-Tech reserves
the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by Subscriber, but doing so shall
not excuse Subscriber's indemnity obligations. Subscriber agrees to pay
Star-Tech's reasonable attorney and expert witness fees and costs
incurred in enforcing this Agreement.
- Disclaimer of Warranties and Liabilities
- This Service and Software are provided on an
"As Is" and "As Available" basis without warranties
of any kind, either expressed or implied, including but not limited to
warranties of merchantabilit, fitness for a particular purpose, or
non-infringement.
- Neither this Agreement or any documentation
furnished under it is intended to express or imply any warranty that
the Service will be uninterrupted, timely or error-free, or that the
Software will provide uninterrupted, timely or error free performance.
- The security mechanism incorporated into the
Software has inherent limitations and Subscriber must determine that
the Software adequately meets its requirements.
- Subscriber acknowledges and agrees that any
material and/or data downloaded or otherwise obtained through the use
of the service is done at its own discretion and risk and that
Subscriber will be solely responsible for any damages to its computer
system or loss of data that results from the download of such material
and/or data.
- Star-Tech, and its parents, subsidiaries,
affiliates, officers, directors, shareholders, employees, agents and
service providers shall not be liable, under any circumstances or legal
theories whatsoever, for any loss of business, profits or goodwill, loss
of use, loss of data, interruption of business, or for any indirect,
special, incidental or consequential damages of any character, even if
Star-Tech or its service providers are aware of the risk of such
damages, that result in any way from Subscriber's use or inability to
use the online Services or Software, or that result from errors,
defects, omissions, delays in operation or transmission, or any other
failure or performance of the online Services or the Software.
Star-Tech and its service providers shall have no liability to
Subscriber, under any circumstances, in excess of the aggregate
payments actually made by Subscriber to Star-Tech over the course of
the existing term.
- Some jurisdictions do not allow the exclusion
of certain warranties or liabilities. As a result, some of the above
exclusions may not apply to you.
- No resale or assignment of Service. Subscriber
agrees not to resell or assign or otherwise transfer rights or
obligations under the Agreement without the express written
authorization of Star-Tech.
- Force Majeure. Star-Tech shall not be liable
for any delay or failure in performance under the Agreement resulting
directly or indirectly from acts of nature or causes beyond its
reasonable control, including acts of war, acts of God, earthquake,
flood, embargo, riot, sabotage, labor shortage or dispute, governmental
act or failure of the Internet or other suppliers, service providers or
carriers.
- Notices
- Any notices or communications under the
Agreement shall be by electronic mail or in writing and shall be deemed
delivered upon receipt to the party to whom such communication is
directed, at the addresses specified below.
- Notices to Star-Tech:
- Technical inquiries, notices regarding
cancellation, termination or non-renewal notice and payment inquiries
shall be directed to support@star-tech.org;
- all legal notices and notices which purport
to change the Agreement or assert entitlements under the Agreement
must be sent in writing to: Star-Tech, 227 De Gress Avenue, Atlanta,
GA 30307 by registered mail or certified mail, return receipt
requested, postage prepaid,
- Subscriber disputes shall be directed as
provided in Section 16 below.
- Notices to Subscriber shall be addressed to
the electronic address specified when Subscriber opens an account with
Star-Tech, or such other address as Star-Tech expressly agrees to
utilize. Subscriber notice must identify Subscriber contact
information, including but not limited to: Subscriber Company name,
address, telephone number, fax number, web site address and e-mail
address.
- Subscriber is responsible for notifying
Star-Tech of any changes in e-mail address through the "Edit
Profile" facility included in the Service.
- Entire Agreement: The AGREEMENT constitutes the
entire agreement between the parties with respect to the subject matter
hereof and supersedes all previous proposals, both oral and written,
including all negotiations, representations, writings and all other
communications between parties.
- Dispute Resolution and Arbitration.
- All disputes concerning the Agreement, Service
provided, or the relationship between Subscriber and Star-Tech,
including but not limited to disputes relating to any service, rating
of service, transfer of service, performance of service, payments on
account, credit, promotions, special offers, performance, interruption
of service or any other terms under or related to this Agreement shall
be resolved through the following procedures:
- Subscriber must first present any claim or
dispute to Star-Tech by contacting support@star-tech.org.
- Subscriber must request arbitration as
provided below, if Subscriber's claim or dispute cannot be resolved
within 60 days and Subscriber chooses to continue dispute.
- Except as expressly provided below, any
controversy or claim arising out of or relating to this Agreement or
the breach thereof, shall be settled by final and binding arbitration
administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules. Judgement on the award rendered by
the arbitrator may be entered in a court of competent jurisdiction.
Arbitration will be conducted in Atlanta, GA by a single arbitrator.
- Subscriber understands and acknowledges that
it is giving up the right to have any dispute Subscriber has regarding
this Agreement heard by a jury and determined in a court of law.
- The parties agree that this Agreement
evidences a transaction in interstate commerce and this arbitration
provision will be interpreted and enforced in accord with the Federal
Arbitration Act and federal arbitration law. The parties agree that
they will not seek and an arbitrator may not award relief in excess of
or contrary to what this Agreement expressly provides, and an
arbitrator may not award punitive damages. The parties further agree
that an arbitrator may not order consolidation or class arbitration.
Each party will bear the costs of arbitration equally but each is
responsible for its own attorney fees in arbitration and legal
proceedings.
- Any Arbitration shall be confidential and
neither Subscriber nor Star-Tech may disclose the existence, content or
results of any arbitration, except as may be required by law or for
purposes of enforcement of the arbitration award. Judgment on any
arbitration award may be entered in any court having proper
jurisdiction. If any portion of this arbitration clause is determined
by a court to be inapplicable or invalid, the remainder shall still be
given full force and effect.
- Waiver of Punitive Damage Claims and Class
Actions. By this Agreement, both Subscriber and Star-Tech are waiving
certain rights to litigate a dispute in court. If for any reason, this
arbitration clause is deemed inapplicable or invalid, Subscriber and
Star-Tech both waive, to the fullest extent allowed by law, any claims
to recover punitive or exemplary damages and any right to pursue any
claims on a class or consolidated basis or in a representative
capacity.
- For any matter not subject to arbitration,
Subscriber and Star-Tech agree to submit to the personal and exclusive
jurisdiction of U.S. District Court, Atlanta, Georgia. The laws of the
State of Georgia shall govern this Agreement, without regard to its
conflict of law provisions.
- Star-Tech's failure to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of
such right or provision. If any provision of this Agreement is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or the court should endeavor to
give effect to the parties intentions as reflected in the provision,
and agree that the other provisions of the Agreement remain in full
force and effect.
- Subscriber agrees that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to the use of the Service or the Agreement must be
filed within one (1) year after such claim or cause of action arose, or
be forever barred.
- Disclaimer to Customers of Star-Tech
Subscribers and third parties. Subscriber agrees that its Site will contain
a hyperlink, provided by Star-Tech that will link to Star-Tech's Third
Party Disclaimer Page. Subscriber further agrees to make no effort to
disable, reroute, redirect, or in any other way to interfere with the
operation of this Disclaimer link.
- Marketing of Services. Star-Tech may use
telemarketing, direct mail campaigns, independent agents, or any
combination thereof, in the marketing of its services. Each agent,
telemarketer and all marketing personnel are instructed as to its
services and the exclusive application of the Agreement. Star-Tech
expressly disclaims and Subscriber acknowledges this disclaimer for any
Star-Tech liability for any such agent's, telemarketer's or marketing
personnel's actions, inactions, representations, promises and/or statements
which in any material way conflict with, modify, or are in contravention
of the provisions of Agreement. Each Subscriber accepts the notice
provided by the terms of Agreement. No agent, telemarketer or marketing
personnel may change, alter, revise, move or terminate the terms of any
Subscriber's service without the express written and authorized consent
of Star-Tech.
- Electronic Form of Agreement. Subscriber
acknowledges and consents to the electronic form of this Agreement and
of any notice given in electronic form, all of which shall be admissible
in judicial and administrative hearings based upon or relating to the
terms and conditions of this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. Subscriber's consent to
electronic form extends to all written notices from Star-Tech or its
service providers, as provided for elsewhere in the terms of Agreement.
Subscriber acknowledges that it has the necessary hardware and software
to access the terms and conditions posted at the web sites provided by
Star-Tech or its service providers. Subscriber understands that it may
remove its consent to the electronic form of contracting with Star-Tech
as provided through notice in Section ????? above; however, in this
event, Star-Tech may terminate this Agreement pursuant to Section ?????
above.
- Severability. In the event any provision of
this Agreement is held by a tribunal of competent jurisdiction to be contrary
to the law, the remaining provisions of this Agreement will remain in
full force and effect.
- Waiver. The waiver of any breach or default of
this Agreement by Star-Tech will not constitute a waiver of any
subsequent breach or default, and will not act to amend or negate the
rights of Star-Tech.
- Acceptable Use Policy Star-Tech or its service
providers require compliance with Acceptable Use Policies as posted and
revised from time to time. Star-Tech and its service providers may,
without any liability to Subscriber, immediately terminate or suspend
Services to Subscriber if Star-Tech or its service providers determine
in their sole, individual and absolute discretion that Subscriber is
violating the then current Acceptable Use Policy. At all times during
the term of this Agreement, Subscriber shall comply and shall require
all its customers to comply with the then applicable Acceptable Use
Policy, as may be amended from time to time.
- Relationship with Star-Tech Service Providers.
Subscriber acknowledges that Star-Tech's service providers are solely
beneficiaries to Star-Tech's entitlements under this Agreement and are
not parties to this Agreement or to Star-Tech's obligations to
Subscriber. Subscriber further acknowledges that there are no other third
party beneficiaries to this Agreement and that Star-Tech is an
independent contractor from its service providers. Should any claims be
made by Subscriber, Star-Tech's service providers shall have no
liability or obligations to Subscriber and all limitations and
disclaimers of liability imposed on Subscriber's claims and all
indemnification rights provided by this Agreement to Star-Tech are
likewise applicable to Star-Tech's service providers.
- Miscellaneous. The section titles in the
AGREEMENT are for convenience only and have no legal or contractual
effect.
End of Terms of Service.
Last Revised: May 12, 2006
http://www.star-tech.org/Services/legal/TermsOfUse.htm
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