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TERMS OF SERVICE
AND OTHER LEGAL STUFF
In an effort to protect you
the customer and all our Stellar Media Group
clients, our legal team has developed the
policies below. Your continued service with
Stellar Media Group implies your acceptance
with all SMG polices. If you have any
questions or concerns or would like to
report a violation of our policies and
agreements, please
contact us immediately.
Acceptable
Use Policy
As a provider of web site
hosting, web site development and other
Internet-related services, Stellar Media
Group 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 utilizing Stellar Media Group'
services. This AUP will be revised from time
to time. A customer's use of Stellar Media
Group's services after changes to the AUP
are posted on Stellar Media Group's web
site,
www.stellarmediagroup.com, will
constitute the customer's acceptance of any
new or additional terms of the AUP that
result from those changes.
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 they create is
carried over Stellar Media Group' network
and may reach a large number of people,
including both subscribers and
non-subscribers of Stellar Media Group,
subscribers' postings to the Internet may
affect other subscribers and may harm
Stellar Media Group' goodwill, business
reputation, and operations. For these
reasons, subscribers violate Stellar Media
Group 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 messages over the Internet
(known as "spamming"). It is not only
harmful because of its negative impact
on consumer attitudes toward Stellar
Media Group, but also because it can
overload Stellar Media Group' network
and disrupt service to Stellar Media
Group subscribers. Also, maintaining an
open SMTP relay is prohibited. When a
complaint is received, Stellar Media
Group has the discretion to determine
from all of the evidence whether the
e-mail recipients were from an "opt-in"
e-mail list.
Intellectual Property Violations
-- Engaging in any activity that
infringes or misappropriates the
intellectual property rights of others,
including copyrights, trademarks,
service marks, trade secrets, software
piracy, and patents held by individuals,
corporations, or other entities. Also,
engaging in activity that violates
privacy, publicity, or other personal
rights of others. Stellar Media Group is
required by law to remove or block
access to customer content upon receipt
of a proper notice of copyright
infringement. It is also Stellar Media
Group' policy to terminate the
privileges of customers who commit
repeat violations of copyright laws.
Obscene Speech or Materials --
Using Stellar Media Group' network to
advertise, transmit, store, post,
display, or otherwise make available
child pornography or obscene speech or
material. Stellar Media Group is
required by law to notify law
enforcement agencies when it becomes
aware of the presence of child
pornography on or being transmitted
through Stellar Media Group' network.
Forging of Headers -- Forging or
misrepresenting message headers, whether
in whole or in part, to mask the
originator of the message.
Distribution of Internet Viruses, 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.
Facilitating 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.
Other Illegal Activities --
Engaging in activities that are
determined to be illegal, including
advertising, transmitting, or otherwise
making available ponzi schemes, pyramid
schemes, fraudulently charging credit
cards, and pirating software. Engaging
in activities, whether lawful or
unlawful, that Stellar Media Group
determines to be harmful to its
subscribers, operations, reputation,
goodwill, or customer relations.
Data Mining &
Extraction -- With the exception of
the main search engine bots, the use of
data-mining/extraction software or bots
by any company that is not collecting
data for search engine purposes is
strictly forbidden. In particular the
use of Picscout on any Stellar Media
Group server or clients of Stellar Media
Group will be treated as 'hacking'.
As we have pointed out, the
responsibility for avoiding the harmful
activities just described rests primarily
with the subscriber. Stellar Media Group
will not, as an ordinary practice, monitor
the communications of its subscribers to
ensure that they comply with Stellar Media
Group policy or applicable law. When Stellar
Media Group becomes aware of harmful
activities, however, it may take any action
to stop the harmful activity, including but
not limited to, removing information,
shutting down a web site, implementing
screening software designed to block
offending transmissions, or take any other
action it deems appropriate.
Stellar Media Group will not intentionally
monitor private electronic mail messages
sent or received by its subscribers unless
required to do so by law, governmental
authority, or when public safety is at
stake. Stellar Media Group may, however,
monitor its service electronically to
determine that its facilities are operating
satisfactorily. Also, Stellar Media Group
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. Stellar
Media Group assumes no 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, Stellar Media Group may disclose
subscriber information or information
transmitted over its network where necessary
to protect Stellar Media Group and others
from harm, or where such disclosure is
necessary to the proper operation of the
system.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including
Stellar Media Group and its subscribers, as
responsible members of the Internet. Any
complaints about a subscriber's violation of
this AUP should be sent to webmaster (at)
stellarmediagroup (dot) com.
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Privacy Policy
Stellar Media Group's
policies and procedures for handling
customer information have been created with
the understanding that Internet technologies
are still evolving. As a result, Stellar
Media Group's policies and procedures are
subject to change.
In the course of serving its customers,
Stellar Media Group acquires, stores and
transmits customer communications and
information that customers may regard as
private or sensitive. Some of this
information - such as the customer's name,
address, telephone number, and credit card
data - is provided to Stellar Media Group by
its customers in order to establish service.
Other information - such as the customer's
account status, choice of services, and
customer logs - is created and maintained by
Stellar Media Group in the normal course of
providing service.
Stellar Media Group also uses cookies, which
are small pieces of information that a web
site can store in a designated file on a
user's computer for various reasons. For
example, Stellar Media Group uses cookies on
the pages of products sold online which
record the customer information that is
required on the order form. This information
is then forwarded to an internal sales
tracking database within Stellar Media
Group. In addition, Stellar Media Group may
store customers' electronic mail and other
communications as a necessary incident to
the transmission and delivery of those
communications.
Data Security
Stellar Media Group will
protect the confidentiality of its
customers' information, account information
and personal communications to the fullest
extent possible and consistent with the law
and the legitimate interests of Stellar
Media Group, its employees and other
customers of Stellar Media Group' services.
To protect the loss, misuse, and alteration
of information that is collected from
customers, Stellar Media Group has
appropriate physical, electronic, and
managerial procedures in place.
Disclosure of customer
information and communications
Stellar Media Group will
NOT disclose its customers' personal and
account information unless Stellar Media
Group has reason to believe that disclosing
such information is necessary to identify,
make contact with, or bring legal action
against someone who may be causing harm or
interfering with the rights or property of
Stellar Media Group, its customers, or
others, or where Stellar Media Group has a
good faith belief that the law requires such
disclosure.
Stellar Media Group also will NOT, except
for reasons stated below, disclose to third
parties the contents of any electronic mail
or other electronic communications that
Stellar Media Group stores or transmits for
its customers. The circumstances under which
Stellar Media Group will disclose such
electronic customer communications are when:
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In order to provide
service to the customer.
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To protect the
legitimate interests of Stellar Media
Group and its customers.
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To cooperate with
interception orders, warrants, or other
legal process that Stellar Media Group
determines in its sole discretion to be
valid and enforceable.
-
To provide to a law
enforcement agency when the contents are
inadvertently obtained by Stellar Media
Group and appear to pertain to the
commission of a crime.
Stellar Media Group will
review, delete or block access to
communications that may harm Stellar Media
Group, its customers or third parties. The
grounds on which Stellar Media Group may
take such action include, but are not
limited to, actual or potential violations
of Stellar Media Group's Acceptable Use
Policy.
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Anti-Spam
Policy
Stellar Media Group
prohibits the use of our servers in any
manner associated with the transmission,
distribution or delivery of any unsolicited
bulk or unsolicited commercial e-mail
("Spam"). You may not use any SMG services
to send Spam. You also may not deliver Spam
or cause Spam to be delivered to any of
Stellar Media Group's servers or customers.
In addition, e-mail sent, or caused to be
sent, to or through any SMG servers may not:
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use or contain invalid
or forged headers;
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use or contain invalid
or non-existent domain names;
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employ any technique to
otherwise misrepresent, hide or obscure
any information in identifying the point
of origin or the transmission path;
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use other means of
deceptive addressing;
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use a third party's
internet domain name, or be relayed from
or through a third party's equipment,
without permission of the third party;
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contain false or
misleading information in the subject
line or otherwise contain false or
misleading content;
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fail to comply with
additional technical standards described
below;
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otherwise violate
Stellar Media Group's Acceptable Use
Policy.
Stellar Media Group does
not authorize the harvesting, mining or
collection of e-mail addresses or other
information from any website hosted by
Stellar Media Group, our affiliates or
through the use of any SMG Services. Stellar
Media Group does not permit or authorize
others to use our servers to collect,
compile or obtain any information about its
customers or subscribers, including but not
limited to subscriber e-mail addresses,
which are Stellar Media Group's confidential
and proprietary information.
Stellar Media Group does not permit or
authorize any attempt to use any SMG service
in a manner that could damage, disable,
overburden or impair any aspect of any of
the SMG Network, our servers, or that could
interfere with any other party's use and
enjoyment of any SMG services.
If Stellar Media Group believes that
unauthorized or improper use is being made
of any SMG service, it may, without notice,
take such action as it, in its sole
discretion, deems appropriate, including
blocking messages from a particular internet
domain, mail server or IP address. Stellar
Media Group may immediately terminate any
account on any SMG server which it
determines, in its sole discretion, is
transmitting or is otherwise connected with
any e-mail that violates this policy.
Nothing in this policy is intended to grant
any right to transmit or send e-mail to, or
through, the SMG Network. Failure to enforce
this policy in every instance does not
amount to a waiver of Stellar Media Group's
rights.
Unauthorized use of any SMG service or our
servers in connection with the transmission
of unsolicited e-mail, including the
transmission of e-mail in violation of this
policy, may result in civil, criminal, or
administrative penalties against the sender
and those assisting the sender.
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Billing Procedures
Website Design &
Development
All website design and
development projects require a
NON-REFUNDABLE, 50% deposit. If a
project is cancelled, postponed or abandoned
for a period longer than 60 days by the
client, all monies and deposits paid are
retained by Stellar Media Group and if
applicable, a fee for all work completed
beyond what was already paid for shall be
paid by the client. A restart fee of $299 is
required to reschedule projects that have
been postponed or abandoned by the client
for a period exceeding 60 days up to 180
days.
Postponement or abandonment
by the client exceeding 180 days shall
constitute forfeiture of all monies and
deposits paid to Stellar Media Group. Any
project that has been postponed or abandoned
by the client for a period exceeding 180
days will require a NEW,
NON-REFUNDABLE, 50% deposit in
order to restart said project and will be
treated as a new project involving discovery
for scope of work and an updated proposal
outlining services to be performed.
Client's payment of deposit signifies their
acceptance of our billing procedures.
Website Hosting
Subject to the terms and
conditions of this Agreement, Stellar Media
Group, LLC will provide Web Hosting services
to you, your heirs, assigns, agents and
contractors ("You") subject to the following
terms:
-
Length of Service
- You agree to an twelve (12) month
contractual term of service (“Term”).
The length of contract required is based
on the type of service desired by Client
and shall be determined solely by
Stellar Media Group, LLC.
-
Service Start Date
- The first payment plus setup charges,
if any, shall be due in advance of any
service provided. Service shall begin
upon Company receipt of payment for such
first Term of service or upon a mutually
agreed upon alternate date.
-
Renewal by Client
- This Agreement will automatically
renew for a successive twelve (12) month
Term unless canceled in writing by
Client at least 30 days prior to the end
of Term renewal date. Renewal prices are
subject to change. Renewal of services
by Client indicates agreement to any
Contract revisions and price changes.
Renewal fees for the following term will
be automatically invoiced to Client’s
account.
-
Refunds -
Pursuant to the Length of Service above,
all website hosting terms are
nonrefundable under any circumstances.
Client shall reserve the right to move
to another hosting provider at any time
for any reason but no refund shall be
issued to the Client for any existing
Term which has already been paid in
full.
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Failure to pay
-Failure of Client to remit payment to
Stellar Media Group, LLC by the invoice
due date is cause for immediate
suspension of Client's hosting account
and removal of the Client's web site
files from the Stellar Media Group, LLC
hosting network. Client agrees that
Stellar Media Group, LLC shall not be
held liable for such removal or
disconnection.
All payments are due upon
receipt for new hosting services unless
credit approval has been granted by Stellar
Media Group, LLC. Term renewals are due NET
30 or by the payment due date listed on
Client's invoice unless credit approval has
been granted by Stellar Media Group, LLC. If
credit approval has been granted, credit
terms are net 10 days upon receipt of
invoice. We reserve the right to revoke any
credit extended if payment is in arrears for
more than 30 days.
Stellar Media Group, LLC accepts cash,
check, money orders, PayPal and
Visa/MasterCard payments for any and all
hosting services rendered. All cash, check
and money order payments are to be made to
our office at 9313 Greenford Drive,
Richmond, VA 23294. All PayPal, Visa, or
MasterCard payments are to be made through
our online billing service using the links
provided in your emailed invoice.
Stellar Media Group, LLC sends all invoices
exclusively via email and it is the Client's
responsibility to insure that Stellar Media
Group, LLC has the a valid, working email
address for the purpose of sending Client
invoices.
Warranties.
Stellar Media Group, LLC
makes no warranties or representations of
any kind, whether expressed or implied for
the service it is providing. Stellar Media
Group, LLC also disclaims any warranty of
merchantability or fitness for any
particular purpose and will not be
responsible for any damages that may be
suffered by Client, including loss of data
resulting from delays, non-deliveries or
service interruptions by any cause or errors
or omissions of Client. Use of any
information obtained by way of Stellar Media
Group, LLC is at Client's own risk, and
Stellar Media Group, LLC specifically denies
any responsibility for the accuracy or
quality of information obtained through its
services. Connection speed represents the
speed of an end-to-end connection. Stellar
Media Group, LLC does not represent
guarantees of speed or availability of
end-to-end connections. Stellar Media Group,
LLC expressly limits its damages to Client
for any non-accessibility time or other down
time to the pro-rate monthly charge during
the system unavailability. Stellar Media
Group, LLC specifically denies any
responsibilities for any damages arising as
a consequence of such unavailability.
Trademarks and Copyrighted
Material.
Client warrants that it has
the right to use any applicable trademarks
or copyrighted material used in connection
with this service.
Transfer of Agreement.
Client may not assign or
transfer this Agreement, in whole or in part
without the prior written consent of Stellar
Media Group, LLC. In the event that Client
contemplates whole or partial sale of it's
business, ownership change, or change in
jurisdiction, Client shall notify Stellar
Media Group, LLC by mail, facsimile or email
no less than 60 days prior to the effective
date of the event.
Termination.
Stellar Media Group, LLC
may terminate this Agreement at its sole
discretion upon the occurrence of one or
more of the following events: 1) failure to
comply with any provisions of the Agreement
upon receipt of written notice from Stellar
Media Group, LLC of said failure, 2)
appointment of Receiver or upon the filing
of any application by Client seeking relief
from creditors, 3) upon mutual agreement in
writing of Stellar Media Group, LLC and
Client.
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All
payments are due NET 30 unless
otherwise noted on your invoice.
Payments are due in our office
or online by midnight on the
30th day from the date of your
invoice.
Any payments received after the
'PAYMENT DUE DATE' will
automatically incur a $35 late
fee. Payments reaching our
office after the Payment Due
Date are considered late regardless of when your
payment, check or money order was written or mailed. No
exceptions will be made to this
rule and customers sending
payments minus any late fees
will be re-invoiced for any
outstanding late fees and are
subject to having their services
suspended until outstanding late
fees are paid.
LATE FEES
ARE NOT OPTIONAL AND IT
IS YOUR RESPONSIBILITY TO
PAY YOUR BILL ON TIME!
We strongly recommend mailing
your payments at least five
business days before payment is
due to avoid being charged a
late fee or make your payment
online at any time before
midnight of the Payment Due Date .
Your
continued service with Stellar
Media Group constitutes your
acceptance of our billing
policy. |
Payments for all services
provided to The Customer by Stellar Media
Group are due when the service is rendered
unless otherwise noted by a Payment Due Date
on your invoice. Hosting charges will
continue regardless of your use unless and
until you notify us in writing that you wish
to cancel your services with Stellar Media
Group or any of our subsidiaries. Failure to
remit payment by the Payment Due Date on
your invoice will result in a $35 late fee
the first day after your Payment Due Date
and again every 30 days thereafter until
your balance is PAID IN FULL. Failure to
bring accounts up to balance within 90 days
will result in immediate suspension of any
and all SMG services including hosting. Late
fee's will continue to accumulate every 30
days until your account has been PAID IN
FULL regardless of whether your services
have been suspended. Your continued service
with Stellar Media Group constitutes your
acceptance to our Billing Policy and all
other SMG Polices. You may cancel your
services at anytime but no refunds will be
issued for annual payments which have
already been processed.
Returned Check Policy
The return of a check
issued to Stellar Media Group or any of it's
subsidiaries will result in a $65.00 service
charge per check regardless of the amount of
the check(s). Each account holder will be
allowed two (2) returned checks after which
payment by check will no longer be accepted.
All returned checks will be turned over to a
collection agency if the amount of the check
plus the service fee have not been paid
within ten (10) business days of the return
of the check. Your continued service with
Stellar Media Group constitutes your
acceptance of our billing policy.
Annual Hosting Agreement
Payments for annual hosting
services are non-refundable and constitutes
your acceptance of non-refundable payment
regardless of how long our hosting service
is utilized. Clients who withdraw or move
their sites to another hosting provider
after payment for annual hosting has been
made do so with the clear understanding that
no refunds are given once payment for annual
hosting has been made. Your continued
service with Stellar Media Group constitutes
your acceptance of our billing policy.
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Copyright Notices
Copyright © 1997 - 2013
Stellar Media Group, Inc. All rights
reserved.
YOU MAY NOT COPY, REPRODUCE,
DISTRIBUTE, PUBLISH, DISPLAY, PERFORM,
MODIFY, CREATE DERIVATIVE WORKS, TRANSMIT,
OR IN ANY WAY EXPLOIT ANY PART OF THE
STELLAR MEDIA GROUP WEBSITE, OUR SERVERS OR
OUR NETWORK. VIOLATORS WILL BE PROSECUTED TO
THE FULL EXTENT OF THE LAW.
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