(Effective as of 1/25/2016)
These Terms of Service (the “Agreement”) are an agreement between Astral Servers, LLC (“Astral Servers” or “us” or “our”) and you (“User” or “you” or “your”). These Terms of Service set forth Astral Servers general terms and conditions of your use of the products and/or services made available by Astral Servers and of the Astral Servers website (https://astralservers.com) (collectively, the “Services”). By using Astral Servers Services, you hereby agree to and attest to be bound by this Agreement. If you do not agree to abide by these terms set forth by Astral Servers, this Agreement, you are not authorized in part or in full, to use or access the Services. Please review all of the following terms carefully.
Use of the Services is also governed by these following policies, which are incorporated by reference. By using the Services, you also agree to and accept the following three terms and policies;
COPYRIGHT INFRINGEMENT POLICY
Astral Servers respects all rights and copyrights of all individuals and organizations. You can refer to Astral Servers Copyright Infringement Policy found here (https://astralservers.com/copyright), which explains how to get in contact with us for DMCA notices and Counter-Notices. When you use or access the Service, you hereby signify your agreement to this Copyright Infringement Policy.
ACCEPTABLE USE POLICY
Astral Servers Acceptable Use Policy governs your use of the Services and may be modified at our sole discretion at any time with or without notice. You can refer to Astral Servers Acceptable Use Policy found here (https://astralservers.com/acceptable-use-policy). The Services provided by Astral Servers may only be used for lawful purposes. When you use or access the Service, you hereby signify your agreement to this Acceptable Use Policy.
ABOUT THE SERVICE
RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least eighteen (18) years old to register for the Service. The Services are intended only for Users who are eighteen years of age or older. Any registration, access to or use of to the Services, by anyone under eighteen (18) is unauthorized and is in violation of this Agreement.
If you use the Services on behalf of another party, you hereby agree to and attest that you are authorized to bind the other entity or organization to this Agreement and to act on said other entity or organization’s behalf with respect to any action you take in connection with the Services and Astral Servers.
It is your sole responsibility to provide accurate, current, and complete information on the registration forms. This includes an email address that is different from the domain that you are signing up under. If we ever need to contact you for an abuse issue or we need to notify about important information pertaining to your account, we will use your primary email address you provided. It is your sole responsibility to ensure that all of your contact information for your account is accurate and complete. This includes keeping any domain accounts information accurate, correct, and complete at all times. Astral Servers will not be held responsible for any lapse in the Services, including and without limitation, any lapsed domain registrations due to incorrect contact information being associated with the domain. If you ever need to verify or change your contact information for any reason, you may utilize the Astral Servers Client Login (https://astralservers.com/portal/?ccce=clientarea) to update any of your contact information. If you are unable to remember your username or password, you may open a support ticket here (https://astralservers.com/portal/?ccce=submitticket). By providing false contact information of any kind you hereby surrender your rights under this agreement, and may result in the immediate termination or suspension of your account.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Astral Servers. You agree to notify us immediately of any unauthorized attempt to access and/or unauthorized use of your password and/or account. Astral Servers is not to be held responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. You agree to be solely and fully responsible in every aspect for all use of your account and for any actions that takes place through it, as well agree to be fully responsible for any actions in which your account interacts with the Services. It is your responsibility to keep the confidentiality in whole and in part of your password and/or other information related to the security of your account private and secure.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change as to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). Astral Servers reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Support Team will make a good-faith effort to help you move your website to us. Transfers are provided as a courtesy service, and Astral Servers reserves the right to refuse any Transfer services at our sole discretion. We can not make any such guarantees in regards to the availability, possibility, and/or time required to complete an account transfer. All hosting companies are configured differently, and as such, some hosting platforms save data in a proprietary and/or incompatible format; which may make it extremely difficult- if not impossible, for Astral Servers to migrate some or all of your account data. In some cases we may be unable to assist you in transferring your data from an old host. Astral Servers offers a free cPanel transfer service, this is only available for twenty (20) days after your sign up date (not after payment date). Transfers requests that are received outside of the twenty (20) day limit can and will incur a charge; please contact a member of our Support department for more information and/or a price quote. In no way, shape, form, or event shall Astral Servers be held liable for any lost and/or missing data and/or files resulting from a transfer to or from Astral Servers. You are entirely and solely responsible in all cases, situations, and circumstances for backing up your data, and may in no way, shape, or form hold Astral Servers liable for any damage or data loss that may occur.
ASTRAL SERVERS CONTENT
Except for User Content (as defined below), all content available through the Services, including text, designs, images, graphics, video, information, software, audio and/or any other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Astral Servers Content”), are the proprietary property of Astral Servers or Astral Servers licensors. Astral Servers Content is prohibited from being modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any way, shape, or form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, disassemble, decompile or otherwise attempt to derive source code and/or other trade secrets from any Astral Servers Content. You are strictly forbidden to use Astral Servers Content other than as specifically authorized herein. Astral Servers will automatically terminate your rights to use the Services and any Astral Servers Content if you are found to be in breach of these Terms of Service. All rights to use Astral Servers Content that is not expressly granted within this Agreement is reserved by Astral Servers and Astral Servers licensors.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Astral Servers that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Astral Servers a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Astral Servers does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Astral Servers exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Astral Servers computers, network hubs and points of presence or the Internet. Astral Servers does not monitor User Content. However, you acknowledge and agree that Astral Servers may, but is not obligated to, immediately take any corrective action in Astral Servers sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Astral Servers shall have no liability due to any corrective action that Astral Servers may take.
THIRD PARTY PROVIDERS
Astral Servers may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Astral Servers does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Astral Servers is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
ASTRAL SERVERS AS RESELLER OR LICENSOR
Astral Servers may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Astral Servers Products”). Astral Servers shall not be responsible for any changes in the Services that cause any Non-Astral Servers Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Astral Servers Products, either sold, licensed or provided by Astral Servers to you will not be deemed a breach of Astral Servers obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Astral Servers Product are limited to those rights extended to you by the manufacturer of such Non-Astral Servers Product. You are entitled to use any Non-Astral Servers Product supplied by Astral Servers only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Astral Servers Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Astral Servers Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
THIRD PARTY WEBSITES
The Services may contain links to other websites that are not owned or controlled by Astral Servers (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Astral Servers also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
ACCOUNT SECURITY AND ASTRAL SERVERS SYSTEMS
Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Astral Servers may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Astral Servers may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Astral Servers of an issue, we reserve the right to leave access to services disabled.
Astral Servers reserves the right to migrate your account from one datacenter to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
COMPATIBILITY WITH THE SERVICES
You agree to cooperate fully with Astral Servers in connection with Astral Servers provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Astral Servers is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Astral Servers to provide the Services, which may be changed by Astral Servers from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Astral Servers does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
BILLING AND PAYMENT INFORMATION
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Astral Servers of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Astral Servers invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Astral Servers may suspend or terminate your account and pursue the collection costs incurred by Astral Servers, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Astral Servers will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain renewal notices are provided as a courtesy reminder and Astral Servers is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Astral Servers may report any such misuse or fraudulent use, as determined in Astral Servers sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have sixty (60) days to dispute any charge or payment processed by Astral Servers. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
You are solely responsible for the security of the data and billing information on your User Website. Astral Servers does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
Astral Servers offers a thirty (30) day money- back guarantee for Astral Servers managed VPS hosting services only. Subject to the terms described in the Cancellations and Refunds section directly below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
CANCELLATIONS AND REFUNDS
No refunds will be provided if you use any of the following methods of payment: Bank wire transfers, Western Union payments, checks, and money orders.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Astral Servers Support Team (the “Refund Request”) within sixty (60) days of such termination or cancellation (“Notice Period”), receive a full or partial refund, VPS hosting fees previously paid by you to Astral Servers for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of this Cancellations and Refunds sections. Requests for these refunds must be made in writing to the Astral Servers Support Team. Refunds will only be issued for our managed VPS plans and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period. By accepting these Terms of Service, you agree that your refund amount will be left up to Astral Servers sole discretion.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
There are no refunds on administrative fees and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Astral Servers sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving Astral Servers written notice via email or through our ticketing system. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Astral Servers may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. Astral Servers will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via email at: firstname.lastname@example.org
We require all cancellations to be done through writing and prefer use of the ticketing system in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for VPS accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Astral Servers support department via a support ticket created to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Astral Servers is not responsible for any change in exchange rates between the time of payment and the time of refund.
Astral Servers may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Astral Servers or others or cause Astral Servers or others to incur liability, as determined by Astral Servers in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Astral Servers shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Astral Servers may charge you for all fees due for the Services for the remaining portion of the then current term. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
CPU, DISK USAGE, AND BANDWIDTH
Astral Servers expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. Astral Servers may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Astral Servers terms and conditions.
VPS usage is limited by the resources allocated to the specific plan that you have purchased.
99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Astral Servers and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to our VPS plans.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Astral Servers reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Astral Servers through the user billing tool or through other methods of communication, including notices sent or posted by Astral Servers.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
By accepting these terms and conditions, you signify that you have read and agree to the following terms set forward by Astral Servers in regards to copyright complaints. Our copyright policy can be found here: https://astralservers.com/copyright/
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
COUPONS AND DISCOUNTS
Certain discounts and coupon codes are reserved solely for first-time accounts or first-time customers only. Coupons may not be used towards registering, renewing, or transferring a domain unless otherwise specifically specified. You may not use the same coupon code twice for the same product or service, and coupon codes do not carry over past the first payment term. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
(Example: ASTRALNEW applies a 20% off discount for new customers only and only applies to your first selected billing term. If you elected to pay monthly, the 20% discount would apply for the first month before converting to regular pricing. Likewise, if you elected to pay annually, the 20% coupon would only apply for the first payment of 365 days.)
Astral Servers does not tolerate coupon abuse and doing so may result in suspension/termination of your account.
We are not “HIPAA compliant”
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about Astral Servers and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com
Opting out may prevent you from receiving messages regarding the Astral Servers or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.