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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.
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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 Policies
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PAYMENTS
ARE DUE IN OUR OFFICE BY
THE 'PAYMENT DUE DATE'
PRINTED ON YOUR INVOICE.
Any payments received after the
'PAYMENT DUE DATE' will
automatically incur a $35 late
fee regardless of when your
check 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.
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.
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 - 2011
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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