Terms of Service

Like any other company, TriStar Creations LLC must have it's own Acceptable Use Policy ("AUP") so that everything is clearly defined and stated before you embark on your journey with us. All users must Agree with this AUP before any service is set-up, thus why you must read and agree to it here in the middle of the ordering process. Completion of this order constitutes acceptance and agreement with the AUP. Unlike other companies, we will try to keep this AUP short and readable.

One thing that must be stated early: All payments to TriStar Creations LLC are non-refundable.

We support freedom of speech as long as the contents are legal. We will pursue any claims brought to our attention for illegal content (Including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice.

You may not use your dedicated server to publish material, which TriStar Creations LLC determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@tristarcreations.com.

TriStar Creations LLC reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harassment: Use of the TriStar Creations LLC service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is expressly prohibited. Violations of this type will result in the immediate suspension of the offending TriStar Creations LLC account pending verification of it's origination.

Fraudulent activity: Use of TriStar Creations LLC service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is expressly prohibited. Violations of this type will result in the immediate suspension of the offending TriStar Creations LLC account pending verification of it's origination.

Copyrighted Material: Use of TriStar Creations LLC service to link to or distribute copyrighted material is expressly prohibited. Violations of this type will result in the immediate suspension of the offending TriStar Creations LLC account pending verification of it's origination.

SPAM: Use of the TriStar Creations LLC service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending TriStar Creations LLC account pending verification of it's origination.

Unauthorized access: Use of TriStar Creations LLC servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for immediate suspension or termination.

Third Party Accountability: TriStar Creations LLC subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should use caution to prevent others from using your account since you will be held responsible for such use.

Reporting Violations of TriStar Creations LLC AUP

TriStar Creations LLC requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@tristarcreations.com.

REVISIONS TO THIS ACCEPTABLE USE POLICY

TriStar Creations LLC reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

------------------- SLA (Service Level Agreement) -------------------

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any hosting services from TriStar Creations LLC (the "Services") and your account is current (i.e., not past due).

TriStar Creations LLC Network ("TriStar Creations LLC Network") is defined as the equipment, software and facilities within TriStar Creations LLC network segment, including TriStar Creations LLC contracted ISP service to which TriStar Creations LLC network segment is connected, collectively used by TriStar Creations LLC to provide the service.

Service Availability ("Service Availability") is the total time in a calendar month that the TriStar Creations LLC is available through the Internet, provided that Client has established connectivity. TriStar Creations LLC takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The TriStar Creations LLC Network will be available to clients free of Network Outages for 99.9% of the time.

Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described above that is determined to have been caused by a problem in TriStar Creations LLC Network as confirmed by TriStar Creations LLC. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. TriStar Creations LLC provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of TriStar Creations LLC.

Scheduled Service Downtime ("Scheduled Service Downtime") is any TriStar Creations LLC interruption of Managed Services. Scheduled Service Downtime occurs during TriStar Creations LLC standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.

Performance Credit ("Performance Credit") occurs when 99.9% uptime is not met. TriStar Creations LLC will refund the customer 1% of the monthly fee for each 120 minutes of network downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit.

Service Exclusions 3.1. This SLA does not cover Service Downtime caused by problems in the following:

Client's local area network. Client-provided Internet connectivity or end-user software.

Anything inside Client's internal network including, but not limited to, firewall configuration and bandwidth to Internet, local area workstations, servers, software, and configuration.

The following are excluded from the monthly calculation of Service Availability:

Any utilized Scheduled Service Downtime.

Any problems outside TriStar Creations LLC Network.

Server load.

Customer script, application, or software running on the server causing downtime.

Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following: Inaccurate configuration; Non-compliant use of any software installed on the server; Client initiated server over-utilization; Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

Hardware replacement will occur within 24 hours of the reported problem, TriStar Creations LLC will refund 10% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).

Restoration is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, TriStar Creations LLC will restore the system to original state.

TriStar Creations LLC is not responsible for the restoration of data to server. If hardware occurs and data loss occurs, client is ultimately responsible for data restoration. TriStar Creations LLC shall not be liable for loss of data under any circumstance.

TriStar Creations LLC does not take responsibility for the overall security of servers. If servers are compromised in any way, TriStar Creations LLC reserves the right to audit the server. Servers receive monthly security audits as part of the overall Personal System Administrator's program but security is the responsibility of the client. TriStar Creations LLC reserves the right to cancel service if servers are compromised for the use of unsecured passwords or blatant disregard to simple security measures. A fee of $150 per hour will take place for any security related work done due to the server being compromised.

--------------------- TOS (Terms of Service) ---------------------

TriStar Creations LLC ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of TriStar Creations LLC Service constitutes acceptance and agreement to TriStar Creations LLC's AUP as well as TriStar Creations LLC's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of TriStar Creations LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of New Mexico, county of Dona Ana applicable to contracts enforceable in that state. Venue will be Dona Ana County, New Mexico.

Disclosure to Law Enforcement: The AUP Specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition TriStar Creations LLC shall have the right to terminate all service set forth in this Agreement.

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 the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by TriStar Creations LLC.

Payments and Fees: Service will be interrupted on accounts that reach 1 day past due. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts that are not collectable by TriStar Creations LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $75 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to TriStar Creations LLC are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in TriStar Creations LLC's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay TriStar Creations LLC an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay: The Company 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.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 10 days prior written notice and sent to TriStar Creations LLC Attn: Cancellations, via email to billing@tristarcreations.com. You must have all account information to cancel. Your account is not considered cancelled unless you receive a confirmation of cancellation.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers immediately. Due to unforeseen complications and DNS propagation time, this process may sometimes require up to 2 business days.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to TriStar Creations LLC will usually require a minimum of seven (7) days to be effective and entered into our DNS servers. In some cases, such transfers may take up to fourteen (14) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.

Support Boundaries: TriStar Creations LLC, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: TriStar Creations LLC provides support related to your server or virtual site physical functioning. TriStar Creations LLC does not offer tech support for third party application specific issues such as php scripts you have obtained and the programming of your site. TriStar Creations LLC does not provide technical support for YOUR customers.

Spam: 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 account immediately removed from our network. The account 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. Users found to be conducting mass mailing will be fined an additional $350USD. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IRC: IRC activity linked to any major IRC network is forbidden within our services.

Complaints: Any activity that results in a legitimate complaint will result in immediate de-activation of the server. User agrees to allow access to the server to TriStar Creations LLC staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation.

Network

IP Address Ownership: If TriStar Creations LLC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to TriStar Creations LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by TriStar Creations LLC in its sole discretion in connection with the Services, during the term of this Agreement. TriStar Creations LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by TriStar Creations LLC, and TriStar Creations LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). TriStar Creations LLC will monitor Customer's bandwidth and disk usage. There will be an assessment of additional charges for any overages that occur. If these charges are not paid your service may be disconnected for any and all Services, or termination of this Agreement, which actions may be taken is in TriStar Creations LLC's sole and absolute discretion. If TriStar Creations LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, TriStar Creations LLC may, at its sole discretion, collect a deposit, in an amount determined by TriStar Creations LLC, against customer's credit card on file with TriStar Creations LLC.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the TriStar Creations LLC Network. Violations of system or network security may result in civil or criminal liability. TriStar Creations LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.

TriStar Creations LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of TriStar Creations LLC 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 clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: TriStar Creations LLC wishes to emphasize that in agreeing to the TriStar Creations LLC Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies TriStar Creations LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to TriStar Creations LLC or the bringing of any claim against TriStar Creations LLC by any third-party. This means that if TriStar Creations LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against TriStar Creations LLC, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company 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 the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

TriStar Creations LLC takes no responsibility for any material submitted by others and not posted to the TriStar Creations LLC Network by TriStar Creations LLC. TriStar Creations LLC is not responsible for the content of any other websites linked to the TriStar Creations LLC Network; links are provided as Internet navigation tools only. TriStar Creations LLC 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.

TriStar Creations LLC is not responsible for any damages your business may suffer. TriStar Creations LLC does not make implied or written warranties for any of our services. TriStar Creations LLC 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 TriStar Creations LLC.

Responsibility for Content: You, as TriStar Creations LLC's customer, are solely responsible for the content stored on and served by your TriStar Creations LLC account.