Terms and conditions of Service

The Short Version:

By accessing this service, account holders expressly agree that:

  • The use of Netstar facilities is at the user's sole risk. Netstar gives no warranty, nor makes any representation or warranty as to the results to be obtained from the use of the System. The System is made available on an "as is" basis without warranties of any kind. Downtime and lost transmissions may occur on the System, and the user indemnifies Netstar and agrees to hold it harmless for problems or damages arising from such downtime or lost transmission.
  • Users who rely on Internet access, such as stock traders, are encouraged to obtain an additional back up Internet access account from a separate Internet source.
  • Netstar provides space for FREE Web Pages & Sites but makes no implied or expressed warranty about the reliability of these pages. Netstar is not responsible for any damage caused by loss of access to, or deletion or alteration of FREE web pages; individual users are responsible for monitoring and creating backups of their pages.
  • Unsolicited or Commercial Bulk E-mail Policy: If you send unsolicited e-mail promoting your site, business, or opportunity or anything else, your account may be disabled and your site deleted without warning. You may also be subjected to legal action.
  • Extreme use of non-dedicated dial-up accounts is prohibited. Netstar offers users an unlimited but not dedicated dial-up service. You may use your dial-up account as much as you may need, but if your activities show that you are using the service as a dedicated line your account will be terminated or switched to commercial status. Prices for commercial and dedicated accounts range from $59.95 and up.
  • Payment is due by the due date indicated, usually by the 1st of each month unless otherwise specified. If you do not receive an e-mail or postal invoice by the due date, it is your responsibility to contact Netstar to verify payment amount and/or to make payment. There is no grace period. If payment is not received, your service may be interrupted at the due date. Such interruption does not relieve you from your obligation to pay the monthly account charge.
  • Only a written (e-mail, fax, or mail) request to terminate your service relieves you of your obligation to pay the upcoming monthly account charges.
    Returned checks are subject to a $25 return fee, in addition to the value of the check. No Exceptions.
  • Any account deactivated for late payment will be charged $5.00 for reactivation in addition to any amount owed, as mentioned above.
  • We reserve the right to refuse, suspend and/or terminate services of anyone at anytime for any reason.
  • No use of Netstar auto-responders for other bulk e-mail promotions.
  • No illegal material of any kind.
  • No activities of any kind that violate state or federal law.
  • Reselling of your FREE web site space to others is prohibited without the written consent of Netstar.
  • Non compliance with such terms and conditions will result in suspension of services. No refunds will be issued. You may also be subjected to the maximum penalties permitted by law.
  • The above terms and conditions are agreed upon by the users of Netstar. The users can terminate Netstar services, within thirty days from its completion in which case there will be no refund for setup, registration and first month fee. Commercial software distributed, if any, to customers will be deducted for full retail price upon cancellation of service. Participation in any "special prepayment plans" will be deemed a contract and therefore, no refunds will be made available. 

 

Now the long version:

Netstar and its affiliates provide to business and consumer users several information technology related services, including such services as:

Internet access through dial up and dedicated lines

  • Electronic mail (e-mail) packages and services,
  • World Wide Web website hosting arrangements, and
  • Other online and Internet-related services

It is contrary to Netstar policy for any user to use a non-dedicated dial-up account in a manner that will occupy that line and associated resources continually over two hours and 59 minutes at a time and repeating such a use, over and over means a dedicated line should be purchased.

In addition, Netstar reserves the right, where feasible, to implement technical mechanisms which will enforce this policy.

Netstar offers users an unlimited but not dedicated dial up service called "basic dial up". You may use your basic dial-up account as much as you wish, but if your activities show that you are continually using the service, similar to the usage of a dedicated line, you may be switched to a commercial account. Prices for commercial and dedicated accounts range from $59.95 and up.

It is also contrary to Netstar policy for any user to effect or participate in any of the following activities through a Netstar provided service:

1. To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;

2. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

3. To send unsolicited mass e-mailings to any e-mail users inside or outside Netstar's and Netstar hosted domains, if such unsolicited e-mailings provoke complaints from the recipients your account will be disabled immediately without any warning;

4. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Netstar account or re-mailer, or any account as a mail-drop for responses;

5. To falsify user information provided to Netstar, or to other users of the service in connection with use of Netstar service.

6. To use the Netstar name, logos or any Netstar E-mail address (both as a Reply to: and as the From: Header), or advertise your Netstar Website via Unsolicited Commercial Bulk E-mail as defined above.

Netstar considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings. Therefore, Netstar's terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender's account and/or access to services.

In addition, Netstar reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded.

This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Netstar's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Netstar will respond as appropriate to these other activities as well.

Nothing contained in this policy shall be construed to limit Netstar actions or remedies in any way with respect to any of the foregoing activities. Netstar reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Netstar service.

In addition, Netstar reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

If you have any questions regarding this Policy on Unsolicited Commercial Bulk E-mail, please contact us immediately.

1. Netstar Services and Conditions of Use

This Agreement provides the terms and conditions governing the use of the Netstar Web Sites, hereafter referred to as the "Site." The Site provides registered Users (each a "User") with a package of services. By registering as a User, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

2. Length of Service

The Netstar services are available at a charge, exclusive of other Internet or other telecommunications fee.

3. Terms of FREE Web Page or Site

FREE Web Pages are available to anyone who has a paid Netstar dialup account. Each User is allowed to have only one FREE Web Site and the privileges associated with that FREE Web Site. The Site allows one registered User per legitimate electronic mail address. The Site must approve any exceptions, including the use of one electronic mail address by multiple users. Please see the "Termination of Service" clause below for additional Membership information.

4. FREE Web Page or Site Guidelines

The Site provides FREE Web Pages & Sites and the associated storage space in a dedicated User area as a service to Users.

Netstar is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not the Site. Netstar does not review Web pages in any way before they appear on the Site. Netstar reserves the right to remove any page from the Site.

Netstar provides space for FREE Web Pages & Sites but makes no implied or express warranties about the reliability of these pages. Netstar is not responsible for any damage caused by loss of access to, or deletion or alteration of FREE web pages; individual Users are responsible for monitoring and creating backups of their pages.

The following is a non-exclusive list of actions and content that are not permitted on the Site:

  1. i. Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, below. ii. Pages that exploit the images of children under 18 years of age.
  2. ii. Material that is grossly offensive to the Community, including clear expressions of bigotry, racism, or hatred.
  3. Pages that promote any types of illegal activity.
  4. Material that defames abuses or threatens others.
  5. Pages that contain material inconsistent with the values of the spirit of the Community.
  6. Use of a FREE Web page as storage for remote loading.
  7. Use of a FREE Web page for business purposes.
  8. Reselling the FREE Web page storage to others.

5. Copyrighted Material

All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by the Site or a third party content provider is allowed by Users for viewing only. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.Any material protected by copyright may not be placed on the Site or the FREE Web Page area without the express permission of the author or owner of the copyright on that material. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, below.6. Limitations of Liability and WarrantyThe User agrees that the use of the Site is entirely at the User's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither Netstar nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.

The User specifically agrees that Netstar or third party content providers are not liable for any conduct by Users of the Site, including, but not limited to, FREE Web pages.

Netstar and third party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for (i) any errors or omissions arising from the use of such information; (ii) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or (iii) losses or damages arising from the use of the content or servicesprovided by the Site.7. IndemnityA User agrees to indemnify Netstar and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Site. This expressly includes: (i)

User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within User's Web Page.

8. Termination of Service

The Site may terminate any and all information, communications, postings, or FREE Web Pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Netstar elsewhere on the Site. The Site may terminate and delete any and all information, communications, Postings, or FREE Web Pages for online conduct that the Site believes is harmful to other Users, the business of Netstar, or other third-party information providers.

9. Merger Clause

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Netstar representatives and the User. The Netstar may amend this Agreement at any time with notice from the Site to the User as published on the Site.Addendum to The Netstar Terms of Service Netstar will not condone the following activities:

  1. making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
  2. making available serial numbers for software which can be used to illegally validate or register software;
  3. making available tools which can be used for no purpose other than for "cracking" software (this does not include tools which have legitimate uses for software developers, system administrators, etc.).

10. Observance of Internet Protocol

The users by accessing the Internet shall observe all generally accepted net protocol. This includes sales practices, mass unsolicited e-mail distributions (which are prohibited), advertising on discussion boards or newsgroups, and any other practices which may damage the reputation of Netstar and the integrity of its systems. Solicitations of any kind must first have the written approval of Netstar.

Any activity that can directly or indirectly disrupt Netstar and its users transmission or communications by any means, is strictly prohibited, and the user and/or his agents who are willingly causing such activity will be cut off the network and are directly responsible for any loss and damage to Netstar or its clients. This includes the use of a dial-up connection as a dedicated connection to the Internet.

Any illegal activity on Netstar's network, be it private or public is not allowed. Transfer or deposit of any illegal mail or file, pictures, instructions and such digital material that may harm Netstar, its employees, clients or anyone else is not only prohibited but unlawful. Violators will not be tolerated.