Terms of Service
Nobis Technology Group, LLC, operating as DarkStar Communications (hereinafter "DarkStar"), agrees to furnish services to the Subscriber subject to the following TOS (Terms of Service). Use of DarkStar Service constitutes acceptance and agreement to DarkStar’s Appropriate Use Policy (hereinafter “AUP”) as well as these Terms of Service.
Our Appropriate Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that DarkStar may disclose any and all subscriber information including assigned IP numbers, account history, account use, correspondence between DarkStar and the subscriber, and any other information related to the subscriber, the account, or any past or current services to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition, DarkStar shall have the right to terminate all services set forth in this Agreement if, in the sole discretion of DarkStar, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other DarkStar policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid will be forfeited.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that DarkStar may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon DarkStar achieving and maintaining its cost of service goals including but not limited to rates charged to DarkStar by its suppliers.
Establishment of this service is dependent upon receipt by DarkStar of payment of stated charges. Subsequent payments are due on the anniversary date of the service based on the date the service was established and the agreed length of service. Subscriber agrees that DarkStar automatically charges subscriber's credit card every month. DarkStar reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments & Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $150 reconnect charge. Accounts not paid by the due date are subject to a $25 late fee. Accounts that are not collectable by DarkStar may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay DarkStar a "Processing and Collection Fee” of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.
5. Refund & Disputes:
DarkStar offers a 45 day risk-free trial to all new accounts. If there is a problem with our service in the first 45-days of becoming a new customer, and we are unable to resolve it for you in the first five business days of your support ticket submission date, you are entitled to request a full refund. This is not an un-paid free trial. You still must pay for the 45-days of service. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DarkStar's sole discretion, is a valid charge under the provisions of the TOS and /or AUP, you agree to pay DarkStar an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay:
DarkStar may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation
All requests for cancellation must be made by submitting a ticket to http://my.darkstarllc.com at least 24 hours prior to your service renewing. Should service lapse, you can still cancel and receive a refund up to 72 hours after the renewal. You will be required to verify your identity by providing the last 4 digits of the credit card used on the account or last PayPal Transaction ID. Accounts will not be canceled until verification is completed. This is done for security purposes. Upon cancellation, no further charges for service beyond your cancellation date will be processed. However, anything due up until the date of cancellation is still required to be paid.
8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that DarkStar shall not be liable for any damages. In no event shall DarkStar be liable for any special or consequential damages, loss, or injury.
9. Support Boundaries
DarkStar provides 24/7 technical support to our subscribers. DarkStar only ensures that the server is online and is remotely accessible. DarkStar does not offer tech support for application specific issues such as cgi programming, html or any other such issue. DarkStar does not provide technical support for YOUR customers. If you need assistance, please open a support ticket via http://my.darkstarllc.com .
10. SPAM and Unsolicited Commercial Email (UCE)
DarkStar takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of DarkStar may not use or permit others to use our network to transact in UCE. Customers of DarkStar may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of DarkStar’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DarkStar will initiate an immediate investigation (within 48 hours of notification). During the investigation, DarkStar may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DarkStar may, at its sole discretion, restrict, suspend or terminate customer's account. Further, DarkStar reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DarkStar will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that DarkStar personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the DarkStar network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice and without refund.
Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of "spoofing" techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on DarkStar DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
11. Suspension of Service or Cancellation
DarkStar reserves the right to suspend service access to any customer if in the judgment of the DarkStar network administrators the customer's server is the source or target of the violation of any of portion of this document or for any other reason which DarkStar chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
12. Changes in Policy
DarkStar reserves the right to amend its policies at any time. All customers of DarkStar services and any and all users accessing the customer's service must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your users in the manner described in the terms of service.
DarkStar wishes to emphasize that in agreeing to the DarkStar Terms of Service (ToS), customer indemnifies DarkStar for any violation of the Terms of Service (ToS) that results in loss to DarkStar or the bringing of any claim against DarkStar by any third-party. This means that if DarkStar is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against DarkStar, plus all costs and attorney's fees.
14. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
A waiver by DarkStar of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of DarkStar. DarkStar may assign Agreement at anytime without consent from or notice to Subscriber. DarkStar reserves right to cancel customer’s rights under this agreement at anytime without further obligation.
DarkStar takes no responsibility for any material input by others and not posted to the DarkStar Network by DarkStar. DarkStar is not responsible for the content of any other websites linked to the DarkStar Network; links are provided as Internet navigation tools only. DarkStar disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
DarkStar is not responsible for any damages your business may suffer. DarkStar does not make implied or written warranties for any of our services. DarkStar denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DarkStar.
15. Responsibility for Content
You, as DarkStar’s customer, are solely responsible for the content stored on and served by your DarkStar server.
16. Price Errors
DarkStar reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by DarkStar to be a mistake.
17. Service Level Agreement (SLA)
DarkStar will provide to each client service a minimum of 99.7% availability of all services provided by DarkStar as calculated on a monthly basis. Should any service fail to be available for 99.7% of the time in a given month, DarkStar offers clients the following compensation:
Should service availability fall to or below 99.6% but above 95%, client shall be entitled to receive account credit equal to 10% of the client's Recurring Monthly Fees for the affected services. Should service availability fall below 95% but above 85%, client shall be entitled to receive an account credit equal to 50% of the client's Recurring Monthly Fees for the affected services. Should service availability fall below 85%, client shall be entitled to receive an account credit equal to 100% of the client's Recurring Monthly Fees for the affected services.
Any and all credits issued in accordance with this SLA during any one month's time related to any single service shall not exceed 100% of the Recurring Monthly Fees for that single service that would otherwise be payable to DarkStar during that month for the affected services. No part of this agreement covers outages or other service interruption that is caused by equipment and/or events that are caused by or under the control of the client. No part of this agreement shall cover loss of service as a result of the client's utilization of server management and administration tools that are incorporated into or otherwise made available as part of the service. No part of this agreement covers service interruption that is caused by one or more devices on our network being the target or source of a DoS, DDoS, or other form of malicious attack. No part of this agreement covers outages or other service interruption that is caused by scheduled or emergency network and systems maintenance. All scheduled or emergency network and systems maintenance will be announced via the DarkStar client portal at http://my.darkstarllc.com or via e-mail. Clients are encouraged to regularly check the DarkStar client portal for upcoming network and systems maintenance announcements. No account credit shall be issued until an SLA credit request is made by the client. All requests for credits must be made within 5 days of the incident. All requests for credits must be made by creating a support ticket via the DarkStar client portal at http://my.darkstarllc.com.