Last Update: 08/07/2024
Clients explicitly acknowledge and agree that they shall assume sole and absolute responsibility for all actions undertaken through their account or related services, irrespective of whether such actions are initiated by the account holder, service holder, or any third party. Astral Services LTD hereby and explicitly disclaims all obligations to enhance or implement supplementary server security measures beyond those defaults established by the operating system.
The ensuing provisions conclusively establish a legally binding agreement between yourself and Astral Services LTD. These Terms of Service meticulously delineate the conditions governing your utilization of the services provided by Astral Services LTD (referred to herein as the "Services"). By engaging with or availing yourself of the services in any manner, you hereby manifest and affirm your unequivocal consent to these terms of service, inclusive of your express agreement to engage in electronic transactions with us. Furthermore, by agreeing to these terms, you also acknowledge and agree to abide by our Acceptable Usage Policy in all respects. It is imperative for clients to understand and recognize that any attempt to circumvent or evade the terms set forth herein shall not absolve them from their obligations or liability under this agreement.
Astral Services LTD’s Responsibilities
Astral Services LTD hereby agrees to provide services, pre-paid by the client, to said client, contingent upon full adherence to the Acceptable Usage Policy and the Terms of Service as outlined herein. Astral Services LTD expressly reserves the prerogative to decline the provision of services to any prospective client and/or to withhold renewal of services from any current client, at the exclusive discretion of Astral Services LTD.
Changes to Terms of Service and AUP
Astral Services LTD's Terms of Service and Acceptable Usage Policy are both subject to modification at any juncture and without prior notification, solely at the discretion of Astral Services LTD. Alterations in policy shall not constitute grounds for early contract termination or non-payment. The client acknowledges the disclosure of the nature of the service provided, as well as the initial rates and charges associated therewith. Furthermore, the client acknowledges an understanding that rates may vary over time, contingent upon factors such as hardware availability, prevailing market conditions, or other pertinent considerations. Clients shall be duly notified of any adjustments in rates or charges before the billing renewal date, upon which such alterations shall take effect.
Non-Payment/Service Interruption
Services interrupted due to non-payment may result in the suspension of service. Access to data stored on a client's services will be withheld until reconnection is initiated or alternative arrangements are agreed upon to the exclusive satisfaction of Astral Services LTD. Clients whose accounts are deactivated owing to non-payment or charge-back are susceptible to having their data permanently deleted seven (7) days following the suspension/charge-back date. Astral Services LTD assumes no liability for data integrity, irrespective of circumstances. Astral Services LTD strongly advises maintaining up-to-date and off-network backups to mitigate against potential data loss.
Refunds/Charge-Backs
No Services rendered by Astral Services LTD are eligible for a refund unless otherwise stated by the Director on a case-by-case basis. Prepayments and account credit are ineligible to be refunded or transferred to alternate accounts. Any disputes regarding charges must be reported directly to Astral Services LTD within thirty (30) days of the original charge date. In the event that a charge, deemed valid by Astral Services LTD and in accordance with our Terms of Service or Acceptable Usage Policy, is disputed to a financial institution through a charge-back, the client agrees to pay an 'Administrative Fee' of $200 in addition to the original amount of funds reclaimed.
Suspensions
If a service is suspended due to non-payment, it will be terminated after the time of suspension. Astral Services LTD assumes no liability for the integrity of the data stored on a suspended server.
Fraud
In the event of fraudulent activity discovery, the fraudulent account and all associated accounts are subject to immediate suspension or termination at the sole discretion of Astral Services LTD. All pertinent information concerning the fraudulent account/service shall be forwarded to local authorities, as well as any implicated financial institutions. All instances of fraudulent orders are thoroughly investigated, and all individuals engaged in fraudulent activities will be prosecuted to the fullest extent of the law, whether domestically or abroad.
Disclaimers of Liability; Indemnification
THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ASTRAL SERVICES LTD AND OUR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. ACCESS TO OR USE OF THE SERVICES MAY BE UNAVAILABLE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ASTRAL SERVICES LTD REPRESENTATIVES SHALL CREATE A WARRANTY. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
YOUR SOLE REMEDY FOR ANY DISPUTE WITH ASTRAL SERVICES LTD OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES, OR OUR SUPPLIERS' AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU DURING THE RELEVANT PERIOD.
ASTRAL SERVICES LTD, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ASTRAL SERVICES LTD, OUR EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATED COMPANIES, AND SUPPLIERS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM YOUR USE OR MISUSE OF THE SERVICES. WE RESERVE THE RIGHT TO ASSUME CONTROL OF THE DEFENSE OF ANY THIRD-PARTY CLAIM SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Bandwidth Usage/Overages
Clients are obligated to settle any and all bandwidth overage charges accrued on their account from the preceding billing cycle. Bandwidth overage charges are invoiced per gigabyte at a rate of $0.50 (fifty cents of United States Currency) and/or any costs in damages over the allocated bandwidth on the service. Astral Services LTD reserves the prerogative to suspend any account that fails to remit bandwidth overage charges within 15 days. Astral Services LTD assumes no responsibility for spikes in bandwidth originating from a client's service, regardless of cause. Clients bear full responsibility for all inbound and outbound bandwidth pertaining to their services. In the event of an anticipated bandwidth exceedance notification, clients must arrange payment within 24 hours of receipt to forestall potential service disruption until satisfactory arrangements are made. These arrangements may entail the necessity to proactively upgrade bandwidth allocation.
Payment Verification
Clients consent to undergo identity verification procedures implemented for both client and Astral Services LTD security purposes. Identity verification measures may encompass the submission of two forms of government-issued identification, along with a front and back copy of the credit card utilized for payment, as well as a utility bill displaying the billing address. In certain circumstances, additional identity verification may be necessitated, in addition to the aforementioned requirements.
Entire Agreement
This contract, along with any additional terms, policies, rules, and guidelines published on our website, collectively constitute the entire agreement between you and Astral Services LTD, superseding all prior or contemporaneous written or oral agreements. In the event that any part of these Terms of Service is deemed invalid or unenforceable, such portions shall be interpreted in a manner consistent with applicable law to reflect, as closely as feasible, the original intentions of the parties, while the remaining provisions shall remain in full force and effect.