Columbus International Multimedia Inc. dba, stardesigns.net

Usage Policies & Terms and Conditions

User Agreement

You are responsible for billing and collecting any monies due from any of your virtually hosted clients. You will be billed the "Reseller" Hosting Rate in 3 month increments, if for any reason you should cancel all outstanding money will be refunded. All amounts due and payable are in US Dollars. Company cheques or US money orders are accepted and are the preferred method of payment to Columbus International Multimedia Inc..

Anytime you require additional services that have a set up fee associated with them, you will then be invoiced at the time of your request. All invoices are due and payable upon receipt.

In order to provide a high class, professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for our customers to publish their information on the Web.

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Web and FTP Site Content Policies

We do not allow any of the following content to be published on a Columbus International Multimedia Inc. dba, stardesigns.net System:

• Content of a pornographic, sexually explicit, or adult nature
• Content of an illegal nature (including stolen copyrighted material)
• Pirated software sites
• Hate sites or content that could be reasonably considered as slanderous or libelous

Content that is questionable regarding any of the above criteria will be decided upon by a Columbus International Multimedia Inc. dba, stardesigns.nets representative.

Users posting any of the above content on their sites will have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by Columbus International Multimedia Inc. dba, stardesigns.nets and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.

Email Usage Policies

Columbus International Multimedia Inc. dba, stardesigns.nets does not support unsolicited email messages sent by users of our system (also known as junk email or spam). Users who send unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Columbus International dba, stardesigns.nets and informed of the suspension before having their services reinstated. A repeat offense may cause cancellation of service without refund of any fees.

Customers who use our system to engage in illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Columbus International Multimedia Inc. dba, stardesigns.nets reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system.

Limitation/Disclaimer of Liability

Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or through any other network Provider or its customers may utilize.

Provider does not represent or warrant to Client that: (1) Client will receive continual and uninterrupted service during the term of this Agreement; or (2) any information transmitted on Provider's facilities or other interconnecting network(s) or server(s) will remain private or secure. In the event of a service interruption, Client shall notify Provider, and Provider shall attempt to restore Client's service as soon as is reasonably possible. In the event of an interruption or malfunction of service that lasts for more than twenty four (24) consecutive hours, and that is caused by circumstances within Provider's control, Client shall be entitled to a credit of 1/30th of its base monthly billing charge for each period of 24 consecutive hours that Client's service is interrupted or malfunctions due to circumstances within Provider's control. In case of a service interruption or malfunction that lasts for less than 24 hours, or that is caused by circumstances beyond Provider's control (such as strike, fire, inclement weather, civil disturbance, vandalism, or other force majeure events), Provider shall not be liable to Client, nor shall Client be entitled to a credit to its account. Client will hold Provider harmless for Y2K-related issues. Provider's total liability to Client for all claims relating to services provided by Provider, whether in contract, tort or otherwise, shall not exceed the total fees paid by Client to Provider to the account on which the liability is based for the immediately preceding twelve (12) months.

DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED ABOVE, PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS, AND CLIENT'S USE OF PROVIDER'S SERVICES SHALL BE COMPLETELY AT CLIENT'S RISK.

PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, BEYOND THOSE SPECIFICALLY PERMITTED BY THIS AGREEMENT.

Indemnity

Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of any services or equipment of Provider used by Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.

If Client acts as a 'reseller' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Indemnity, shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. Venue for any action hereunder shall be Delta BC, Canada.

The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.

Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.