Terms of use

These Conditions of Use (the "Conditions") set out the Terms and Conditions governing your use of any services provided by Enstar; the content, features and functionality of the service are described on the Enstar website (the "Service"). These Terms and Conditions apply equally to any and all Services provided including all trials, demonstrations and provision for testing. 

 

The Service is supplied by Enstar LLC, 274 Wall Street, Hebron Connecticut, USA ("Enstar"). Enstar LLC is the sole owner of the trademarks 'clearString' and 'neatComponents' and reserves all usage of such trademarks and associated websites. Services provided by Enstar Systems, Inc., 274 Wall Street, Hebron Connecticut, USA are provided on the same and following basis.

 

Please note some terms used in these Conditions will have a certain meaning:

 

"Business Customer" means that your use of the Service is for use by you for Resale or otherwise in connection with your trade, business or profession or otherwise for use by a company, partnership, organization or other entity for which you work or to which you provide professional services;

 

"Consumer" means that your use of the Service is for personal use only and you do not use the Service as a Business Customer;

 

"Effective Date" means the date when we send confirmation to you under Clause 2.3 and when these Conditions come into effect;

 

"Internet"  means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol");

 

"Enstar" means Enstar LLC or Enstar Systems Inc. 

 

"we"/"us"/"our" means Enstar;

 

"you"/"your"  denotes you, the customer.

 

The Service comprises the features as defined on the Enstar website and all websites and services owned and operated by Enstar, including among any others websites for 'neatComponents', 'Sempertron', and 'clearString'. The online pages detail the price and other individual features of your application to receive the Service. If you are a Consumer you have a right to cancel your order for Service as detailed in Clause 6.1 of these Conditions.

 

These Conditions, together with the Acceptable Use Policy ("AUP"), explain our responsibilities to you and your responsibilities to us and to other users of the Service ("Users"). The AUP in particular outlines what we consider to be unacceptable use of the Internet by our customers so that we can take appropriate steps against abusers of the Internet. All references to "Conditions" include reference to the AUP and to the Order Form or online registration information. You can read the AUP at Acceptable Use Policy.

 

The AUP and the Order Form an integral part of these Conditions and, unless otherwise expressly stated, all references to "Conditions" include reference to the AUP and to the Order Form.

Receipt of your payment confirms to us that you have read, understood and accept these Conditions and the AUP. If there is anything you do not understand, please email us at customerservice@enstar.net.

If you are a Consumer, you must be 18 years or older to register for the Service. By sending the Order Form or sending payment, you confirm to us that you are 18 years of age or older.

 

We Both Agree To Arbitrate. You and Enstar agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, as set out below.

 

1. NATURE OF SERVICE

1.1 The Service is described on the Enstar website. It allows you to access, rent or purchase software to construct and manage websites using what are commonly understood to be content management techniques. You may also have access to email services from within your website. From time to time, we may alter the features and functions made available as part of the Service, but we shall ensure that the overall quality, quantity and variety of features and functions remains consistent.

 

2. PARTICIPATION IN THE SERVICE

2.1 To use the Service, you need to supply us with certain details either on your Order Form or on the online registration pages or otherwise. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.

2.2 On acceptance and confirmation by us of your application for the Service, we may ask you to set up a password and a security phrase (together being your "Account"). This is required so that we can identify you and make changes to your Service over the phone, having verified your identity. It is your responsibility to keep these confidential and not disclose them to any other person for any reason. If you disclose your password or security phrase you will be liable for any losses you incur if they are misused; we will accept your password or security phrase as authority to make any changes to your Service or Account. You are fully responsible for all action taken in respect of your Account whether or not the use is made by you or by someone else using your password.

2.3 The provisions of the Order Form or the online registration pages are not binding on us unless and until we confirm to you acceptance by email of your order.

 

3. AMENDMENT OF THESE CONDITIONS

3.1 If you are a Business Customer, we reserve the right to add to and/or amend provisions of these Conditions at any time. If we amend these Conditions, we will notify you by sending you an email to the address that you provided us with on sign-up advising of the amendment. We will also display a notice on the Enstar web site currently found at www.enstar.net for a period of 30 days prior to and 30 days after any amendment coming into effect it is your responsibility to refer to such additions and changes. If you continue to use the Service after any amendments to the provisions of these Conditions have been notified to you, you will be deemed to have accepted such amendments.

3.2 If you are a Consumer, we reserve the right to add to and/or amend the Conditions at any time. . If we amend these Conditions, we will notify you by sending you an email to the address that you provided us with on sign-up advising of the amendment. We will also display a notice on the Enstar web site currently found at www.enstar.net for a period of 30 days prior to and 30 days after any amendment coming into effect. You may terminate your use of the Service by sending us an email to customerservice@enstar.net within 30 days of receiving our notification. We will then reimburse you in accordance with Clause 6. If you continue to use the Service after any amendments to the provisions of these Conditions have been notified to you and after the 30 day period has expired, you will be deemed to have accepted such amendments.

 

4. YOUR DETAILS

4.1 It is your responsibility to keep the personal data that you provide to us up to date. We may send notices or other information to you at the address you give us.

4.2 You warrant and undertake to us that all of your personal data, payment and contact details are accurate and complete and that you will notify us immediately of any change to your personal data by sending us an email to customerservice@enstar.net.

4.3 You will keep your passwords and security phrases secret and will not disclose them to third parties for any purpose. You must notify us of and change any password or security phrase which you believe may have been compromised.

4.4 You may be subject to a standard credit check. The information that you provide may be disclosed to a licensed credit reference agency which may retain a record of the search. You hereby expressly authorize us to make such disclosures.

 

5. FEES, SUBSCRIPTION AND PAYMENT

5.1.0 Designation of units. All services provided by Enstar use the convention of KB to mean 1000 bytes, MB to mean 1 000 000 bytes, and GB to mean 1 000 000 000 bytes.

5.1 Your subscription to the Service is for a minimum period of 12 months, commencing on the Effective Date, and shall be automatically renewable for additional 12 month periods.

5.2 The fees and payment methods for the Service are set out on the website and the online registration pages. We will send you a payment request by email at the beginning of each month or from time to time for the Hosting charge and any excess usage from the previous period.  No invoice or receipt will be issued for this payment, but you can request a statement of payment regarding your payments.

5.3 We reserve the right to increase or decrease the fees for the Service from time to time. Details of any such increase or decrease shall be posted in accordance with Clause 3.1 of these Conditions and your right to cancel the Service as set out in Clause 6 shall apply.

5.4 At our discretion we will demand part payment for set-up costs. Unless otherwise agreed this will be 25% of the set-up cost on acceptance of order followed by 65% on completion of the set-up followed by 10% within 30 days of completion of set-up.

5.5 We must receive payment for Hosting within 14 days from when you are billed, otherwise your service will be suspended without further notice. If you have multiple domains, then late payment on one account will cause all your domains to be suspended. We reserve the right to administer an additional one-month?s Hosting fee per domain to reinstate a suspended account.

 

6. RIGHT TO CANCEL

6.1 If you are a Consumer, and provided that your Account remains inactive for 7 days from the Effective Date, you may cancel the Service at any time during such 7 day period without incurring any obligation or liability to us. We will refund all monies you have paid to us within 30 days of receipt of your notification that you wish to cancel. If you choose to do this, please email us  customerservice@enstar.net or indicating your intention to cancel. You cannot cancel pursuant to this Clause 6.1 once you have used your Account, eg. by taking any action under your password.

6.2 You may cancel the Service at any time, on not less than 7 days' notice by sending an e-mail to us at customerservice@enstar.net.We will then refund the payment pro rata for each complete month of Service for which you have paid falling after the 7 day notice period.

 

7. BREACH OF CONDITIONS

7.1 If you are a Business Customer - We shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to our network systems or security, and in doing so we will act reasonably and fairly at all times.

7.2 We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions.

7.3 If we decide that you have breached the Conditions, we will use reasonable endeavours to ensure that you are made aware of the breach without suspension or cancellation of the Service. However it may be necessary due to the severity of the breach to suspend or cancel the Service whilst details of the breach are investigated further. We reserve the right to suspend or cancel your Account at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.

7.4 If you are a Consumer - We shall investigate any suspected or alleged breach of these Conditions and in doing so we will act reasonably and fairly at all times. We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions. If we decide that you have breached the Conditions, we will give you 7 days notice of our intention to suspend or cancel the Service and, if the breach is capable of remedy by you, you will have the opportunity to remedy the breach before the end of the 7 day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or cancel the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches which are incapable of remedy include failure to pay any sum when properly due, jeopardizing or compromising the security or integrity of our network and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service.

7.5 Without limitation, you expressly authorize us to use your personal data and other Account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.

 

8. DATA PROTECTION

8.1 We may retain your personal data for the following purposes:

 8.1.1  provision of the Service to you;

8.1.2  keeping of a record for a reasonable period after termination of your Service;

8.1.3 operation and enforcement of these Conditions;

8.1.4 technical maintenance;

8.1.5 providing you with information about other services we offer, subject to your right to opt out of receiving such information;

8.1.6 transferring it to another company in the event of a sale of Enstar LLC; or

8.1.7 legal compliance.

8.2 Without limitation, you expressly authorize us to use your personal data and other Account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.

 

9. ACCESS CONDITIONS

9.1 The Service is accessed via a telecommunications connection. These Conditions do not include the provision of telecommunication services necessary for connection to the Service. You are responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.

9.2 You may only access the machines and the specific ports assigned to you.

 

10. WEBSITE PAGES

10.1 The monthly hosting charge maybe per page-views downloaded for each site.

10.2 Each page may be up to 100KB in size

10.3 At our discretion we will allow reasonable size-balancing between pages.

10.4 Oversize pages will be counted at the rate of 100KB per page or part thereof.

10.5 Page-views are reported by the Performance component provided with each website.

10.6 At our discretion hosting charges may be calculated on data transfer alone.

 

 

11. NOTICES AND COMPLAINTS

11.1 You may send us any complaints with the Service or notices under or in connection with these Conditions:

 11.1.1 by post to Enstar LLC, PO Box 269, Hebron CT 06248 USA

11.1.2 by telephone, in which case you must quote your security phrase, on 1 860 228 5292

11.1.3 by email to customerservice@enstar.net

11.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received, and thereafter retain, an acknowledgement from us. This will normally be sent within 7 working days of our receipt of your notice. If you have not received an acknowledgement within 7 working days you must advise us accordingly.

 

12. LEVEL OF SERVICE

  We will use our reasonable endeavors to maintain the Service. The Service is subject to change from time to time. If you cannot use any part of the Service or where a failure, suspension or withdrawal of all or part of the Service is beyond our reasonable control, compensation will not be payable. Should any part of the Service be unavailable for any other reason for a period of 24 consecutive hours or more and during that time we are unable to provide suitable alternative services, we will extend the period for which you have paid free of charge for the same number of part or full day(s) that the Service remains unavailable.

 

13. LIMITATIONS OF LIABILITY

13.1 Nothing in these Conditions shall exclude or limit our or your liability for (a) death or personal injury resulting from the negligence of either of us or our servants, agents or employees or (b) fraud.

13.2 Subject to Clauses 7, 13.1 and 17, your and our liability in contract, tort (including liability for negligence) or otherwise arising in connection with these Conditions shall be limited to the amount of money received by Enstar on your behalf

13.3 Subject to Clauses 13.1 and 17, neither of us shall be liable in contract, tort (including liability for negligence), or otherwise arising in connection with these Conditions for:

 13.3.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

13.3.2 any loss of goodwill or reputation; or

13.3.3 any special, indirect or consequential losses in any case, whether or not such losses were within the contemplation of either of us at the date of these Conditions, suffered or incurred by either of us arising out of or in connection with the provisions of any matter under these Conditions.

13.4 To the fullest extent permissible under law, except as set out in these Conditions, each of us excludes all conditions, warranties, representations (other than fraudulent misrepresentations) and warranties relating to the Service, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in these Conditions including, without limitation, implied conditions of satisfactory quality and fitness for a particular purpose. This clause does not affect any statutory or other rights available at law to Consumers.

13.5 Each provision of this Clause 13 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of these Conditions.

 

14. YOUR OBLIGATIONS

14.1 You shall comply with these Conditions and act lawfully and honestly at all times in order to be able to continue to participate in the Service.

14.2 You shall not share use of the Service, or any part of it, with any other person except:

 14.2.1 if you are a Consumer - members of your household at the same address; or

14.2.2 if you are a Business Customer - your employer or employees or other people with whom you work at the same address; or

14.2.3 By way of trade when reselling the Service.14.3 You shall procure that any person with whom you share use of the Service under Clause 14.2 complies in full with these Conditions as if they were an original party to them. You are responsible for any misuse of the Service by anyone with whom you share the Service.

14.4 If you are a Business Customer - You may not make any unauthorised commercial use of the Service. You agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit us to review and evaluate such records from time to time to ensure your compliance with your obligations in this Clause 14.4.

14.5 If you are a Consumer - The Service is supplied to you for your personal use. You may not commercialise it or use it in connection with any occupation, trade or profession except as is set out herein.

14.6 Where you use the Service to reach networks and services not operated by us, you will abide by the Acceptable Use Policies or Terms and Conditions imposed by the operators of those networks and services.

 

15. DISCLAIMER OF WARRANTIES

15.1 You agree that your use of the Service is at your sole risk.

15.2 The Service is provided to you on an "as is" and "as available" basis and to the fullest extent permitted by applicable laws we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. This clause does not affect any statutory or other rights available at law to Consumers.

15.3 We make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free or will operate as contemplated in these Conditions, nor that defects, if any, in the Service will be corrected.

 

16. INTELLECTUAL PROPERTY RIGHTS

16. You acknowledge and agree that all copyrights (including rights in software), trade marks, database rights, patents, inventions and other intellectual property rights in and relating to the Service are owned by us and our licensors. Nothing in these Conditions shall transfer ownership or any aspect of ownership in these rights to you.

 

17. INDEMNITY

17.1 If you are a Business Customer you agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by you or through parties using your Account, and (b) any transmission or receipt of any content or message which you have requested or made using the Service.

17.2 If you are a Consumer, you must indemnify us against any claims or legal proceedings arising from the use of the Service under these Conditions (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person.

18. DISPUTES

18.1 Any dispute or claim relating in any way to your use of any Enstar Service, or to any products or services sold or distributed by Enstar or through any of the websites owned and operated by Enstar will be resolved by binding arbitration, rather than in court, except that you opt out within thirty (30) days of first accessing a product or service provided by Enstar. The Federal Arbitration Act and federal arbitration laws apply to this agreement.

18.2 There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Not withstanding any decision by the Arbitrator under no circumstances will Enstar be liable to pay any greater amount than the amount of money received by Enstar on your behalf.

18.3 To begin an arbitration proceeding, you must send us letter to the address below requesting arbitration and describing your claim which will be forwarded to a member of the American Arbitration Association. Arbitration will proceed under the rules of the American Arbitration Association.

18.4 To opt out of arbitration, you must send us letter to the address below clearly stating that you wish to opt out. Proof of despatch is not proof of receipt. It is your responsibility to use a delivery service that provides proof of delivery. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Each party will be responsible for its own fees.

18.5 You must use this address for all arbitration matters: Enstar Arbitration, PO Box 269, Hebron, CT 06248

18.6 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

20. GOVERNING LAW AND JURISDICTION

These Conditions and the Service shall be governed by the laws of the State of Connecticut and we both submit to the non-exclusive jurisdiction of the courts of Connecticut.

 

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