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Revision date: 12/11/2007
All services provided by American Star Diamond ("American Star Diamond") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless American Star Diamond from any claims resulting from the use of service, which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to American Star Diamond servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- pirated software
- hacker programs or archives
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, American Star Diamond WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of American Star Diamond is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of American Star Diamond must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Money back guarantee & refund policy
We offer a 15 day Money back guarantee.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
American Star Diamond shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from American Star Diamond servers going off-line or being unavailable for any reason whatsoever. Furthermore, American Star Diamond shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of American Star Diamond servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to sales@americanstardiamond.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
American Star Diamond cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits, which a client would have gained if their site were functioning. Certain services provided by American Star Diamond are resold. Thus, certain equipment, routing, software and programming used by American Star Diamond are not directly owned or written by American Star Diamond. Moreover, American Star Diamond holds no responsibility for the use of our clients accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as American Star Diamond sees fit.
Account Activation
By activating your account with American Star Diamond, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although American Star Diamond has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
American Star Diamond reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Privacy
Revision date: 12/11/2007
American Star Diamond has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
ELECTRONIC COMMUNICATIONS
It is very important for you to understand this part of the agreement as most of our communication is done via e-mails. When you visit Americanstardiamond.com or if you send e-mails to us, you are communicating with us electronically. Since you are communicating with us, you are also giving your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. By communicating with us electronically you are also agreeing that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the users identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitors experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: sales@americanstardiamond.com
Acceptable Use Policy
Revision date: 12/11/2007
As a provider of web site hosting and other Internet-related services, American Star Diamond offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. American Star Diamond respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, American Star Diamond reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, American Star Diamond has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer s respective service agreement, and is intended as a guide to the customer s rights and obligations when using American Star Diamond services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that American Star Diamond cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because American Star Diamond cannot monitor or censor the Internet, and will not attempt to do so, American Star Diamond cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that American Star Diamond does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over American Star Diamond network and may reach a large number of people, including both subscribers and non-subscribers of American Star Diamond, subscribers postings to the Internet may affect other subscribers and may affect American Star Diamond goodwill, business, reputation or operations. For these reasons, subscribers violate American Star Diamond policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward American Star Diamond, but also because it can overload American Star Diamond network and disrupt service to American Star Diamond subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, American Star Diamond will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore American Star Diamond reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should American Star Diamond choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, American Star Diamond does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
American Star Diamond does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
American Star Diamond is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail sales@americanstardiamond.com.
Obscene Speech or Materials:
Using American Star Diamond network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. American Star Diamond is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using American Star Diamond network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individuals system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
American Star Diamond reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that American Star Diamond determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. American Star Diamond will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with American Star Diamond policy or applicable law. However, when American Star Diamond becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by American Star Diamond.
American Star Diamond is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching American Star Diamond facilities from those subscribers may have originated from a customer of the subscriber or from another third party. American Star Diamond does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. American Star Diamond reserves the right to directly take action against a customer of its subscribers. Also, American Star Diamond may take action against the American Star Diamond subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, American Star Diamond anticipates that subscribers who offer Internet services will cooperate with American Star Diamond in any corrective or preventive action that American Star Diamond deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of American Star Diamond policy.
American Star Diamond will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. American Star Diamond may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, American Star Diamond may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. American Star Diamond assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, American Star Diamond may disclose subscriber information or information transmitted over its network where necessary to protect American Star Diamond and others from harm, or where such disclosure is necessary to the proper operation of the system. However, American Star Diamond will never sell information to other services or outside companies.
American Star Diamond expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber s failure to comply with those laws will violate American Star Diamond policy. Finally, American Star Diamond wishes to emphasize that, in signing the Service Agreement, subscribers indemnify American Star Diamond for any violation of the Service Agreement, law or American Star Diamond policy resulting in loss to American Star Diamond or the bringing of any claim against American Star Diamond by any third party. This means that, if American Star Diamond is sued because of a subscriber s or customer of a subscriber s activity, the subscriber will be responsible for payment of any damages awarded against American Star Diamond, plus costs and reasonable attorney s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including American Star Diamond and its subscribers, as responsible members of the Internet. Any complaints about a subscriber s violation of this AUP should be sent to sales@americanstardiamond.com.
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