This document outlines the policies of Norhtstar Internet, Inc.’ Hosting Service and is agreed to by the Customer and Norhtstar Internet, Inc.. In this Contract, the Customer who is contracting to receive services will be referred to as "CU", and Norhtstar Internet, Inc. who will be providing the services will be referred to as "NS."

We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site.

CU is responsible for abiding by the rules set forth in the paragraphs below.

1. PAYMENT FOR SERVICES. In exchange for the Hosting Services, CU will pay a setup fee for the setup of the CU’s hosting account which is non-refundable and a monthly fee for continued service.

These fees are to be paid through the credit card that CU has on file with NS.

CU will receive an invoice on the 24th of every month and will be charged once a month for any outstanding fees owed to NS on the 1st of every month.

2. REMEDIES. If the credit card that CU has on file with NS expires or does not go through it is the responsibility of CU to login to the NS Customer Area found at http://www.northstarhosting.com/customers and renew the credit card on file. CU will provide sufficient detail the nature of the cancellation.

If the credit card is not renewed by the 15th of following month the account will be suspended and NS will take any services provided to CU offline.

If the credit card is not renewed by the end of the following month the account will be cancelled and NS will cancel all services provided to CU.

All accounts suspended or cancelled are subject to setup fees.

3. TERM. This Contract may be terminated by either party.

In order to cancel services and cease service charges, CU must login to the Customer Area found at http://www.northstarhosting.com/customers and fill out the Service Cancellation Request for each service provided. All financial obligations will be settled according to services invoiced and services recorded to be invoiced.

NS can cancel service at anytime. All services paid before cancellation will be prorated with the remainder being credited back to CU if and only if NS act on the right to cancel for a reason other than a violation of this contract.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

5. ACCEPTABLE USE. CU is responsible for abiding by the rules set forth in the paragraphs below.

Any CU whom offers our services as web hosting services to their own customers as a subcontractor will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, customers indemnify us for any violation of the customer of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

If CU violates this agreement, CU’s account may be suspended, closed, or any other action may be performed that is deemed necessary by NS without notification by NS and without refund of payments made to NS by CU. The following are rules CU will abide by:

Definition of Server Abuse

·          Actions taken by CU that may damage or disrupt NS’s servers or a website of NS are prohibited.

·          Any unauthorized use of NS servers or the CU account on NS’s Server is prohibited.

·          Any unauthorized content on any of CU’s websites or files on CU’s account provided by NS are prohibited.

·          Any unauthorized links to websites on any of CU’s websites or files on CU’s account provided by NS are prohibited.

·          Any unauthorized use or actions against NS’s servers will result in CU’s account being suspended or closed, and legal action if deemed necessary by NS.; NS is not required to notify CU of suspension or cancellation of service to CU by NS.

No Info Dumping

CU may be subject to additional charges if the hosting space is used for Download Files rather than storing files for use or functionality of CU’s website.; A Download File is a large file for stored on the CU’s account for storage purposes that is not linked directly to CU’s website.
Your traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.

Your overage costs must be paid within 7 days. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

NS will determine if a file is a Download File or not.

No Spamming

Spam (Unsolicited Email) is prohibited. CU’s account will be suspended or terminated if CU’s account is used for spamming. The following activities are prohibited:

·        Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

·        Forging, altering or removing electronic mail headers is prohibited.

·        Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account.

·        Inappropriate posting on Newsgroups may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not.

·        Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

·        Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

CU is responsible for any activities by a third party that falls under the one of the definitions above that promote or advertise a website hosted by or through NS.

Penalty: Depending on the severity of your SPAMMING, NS reserves the right to charge CU between $1.00 - $100.00 per spam message sent.  Your web site content will also be confiscated and it will be NEVER returned to you.

Third Party Programming

All Programming intended for use on CU’s account is subject to approval by our NS.

CU is responsible for any programming by a third party. NS is not responsible for undesired result due to CU’s actions.

CU will not share login information with any unauthorized personnel or unauthorized parties.

CU’s account is on a shared server.  Any programming that causes a problem with the server that effects the normal shared server operation, resources or connectivity of the server will be disabled and/or removed.  If the problem persists the account will be removed and cancelled. NS is not required to notify CU of suspension or cancellation of service to CU by NS for programming that results in the abuse of server resources described above.

The following are some possible types of programming that could cause the abuse of server resources described above:  CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP.

Chat Rooms Need Approval

All Chat Room programs need to be approved by NS as most Chat Room programs require a large amount of system resources.

SMTP Mail Server Limits

CU is allowed to send 2000 emails per day.  If CU needs to send more than 2000 emails a day CU will be moved to a special server designed to handle large amounts of email.  This server has an additional cost of $50 per month which will be added into the monthly hosting charge.

Background Programs may be run by CU, however they must be approved by NS. An extra charge will be incurred based on system resources used and operational maintenance needed.

NO IRC Clients or Bots

CU will not be allowed to run IRC clients or IRC bots.  In addition, IRC servers are not permitted on our network.  If an IRC is found running the account will be removed and cancelled. NS is not required to notify CU of suspension or cancellation of service to CU by NS for programming that results in the abuse of server resources described above.

Over Use of E-mail

CU has limits on the amount of bandwidth, storage and E-mail usage. If CU exceeds the limits outlined below additional charged will be incurred.

·         Bandwidth Over Use                $20/GB/month

·         Disk space Over Use                $.25/MB/month

·         Email attachments Over Use    $.10 per email over 10MB

IP Address Ownership

NS retains ownership of all IP Addresses issued to CU and reserves the right to updates these IP Addresses when deemed necessary by NS.

Customer Support

NS promotes a mutually professional relationship with its customers. Obscene, abusive, threatening or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this will result in refund ineligibility.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.

Violation of indecency and obscenity laws can result in criminal penalties.

Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Export Control Violations

The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Illegal/Unauthorized Access to Other Computers or Networks

The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Software/Script Support

Customer acknowledges that NS cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that Ready Hosting, Inc. does not supply technical support for Microsoft FrontPage, other than initial configuration. NS supplies technical support for web hosting issues only. NS shall be the sole arbiter as to what constitutes a "web hosting" issue.

Adult Sites/Unacceptable Content

Pornography and pornographic related merchandising are prohibited under all Northstar Hosting & Internet Services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

6. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

7. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

8. AMENDMENT. This Contract may be modified or amended at anytime by NS.

9. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California. All court proceedings related to this agreement shall take place in the County of San Diego.

10. NOTICE. NS reserves the right to modify this agreement and an updated version can be viewed at http://www.northstarhosting.com/terms.asp.

11. ASSIGNMENT. CU may not assign or transfer this Contract.