Comstar reserves the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at any time for any reason.

Comstar reserves the right to take whatever measures it deems necessary to secure its networks and clients against abuse. This includes, but is not limited to: scanning for open mail relays, virus filtering, etc. Policy will apply to any activity which affects or mentions a Comstar account, user, network, or server.

Comstar reserves the right to take legal action against anyone who abuses our network, servers, or services. Fees may also be levied at $50 per incident and $100 per hour to help cover systems administration costs related to an incident.

Comstar Service Agreement

All subscribers are expected to read and abide by Comstar's Service Agreement since, "Use of Comstar LLC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full."

Appropriate Use of Accounts

Aside from specific features and services outlined elsewhere, Comstar accounts can use their web space to sell and advertise their products or services. However, Comstar has strict "SPAM policy" which prohibits unsolicited bulk communications (i.e., email/fax/paging/news). Comstar also strictly prohibits pornographic material or content to be hosted or displayed using Comstar services.

Billing

Comstar bills for all services in advance. Non-Dedicated accounts are suspended after 45 days if payment is not made. Invoices are sent via either postal mail or email, depending on customer preference; this can be changed at any time. Comstar notifies clients an account is due on three separate occasions: 1) with the original invoice; 2) the day the account is due; and 3) the day before the account will be suspended. Comstar accepts all forms of payment: cash, checks, and credit cards (Mastercard, Visa, American Express, Discover). Payments made by check or cash may be subjected to an additional service fee. Any Dedicated account that is 45 days past due will be levied a service charge of $10.00 per month. A reconnection/reactivation fee of $25.00 for services if deactivated for nonpayment will be required. If an account is referred to collections, the customer agrees to pay any collection costs incurred, including attorney's fees, filing fees and court costs. If dedicated account clients have any questions about billing, they can review their contract and SLA or contact our Corporate Client manager. Comstar clients are bound by the Uniform Consumer Credit Code of the State of Utah . Payments by any dedicated or colocation client indicate full acceptance and understanding of your obligation, at invoiced service levels, under the terms and conditions of the Master Service Agreement.

Bounced check or credit card payments

There will be a $25.00 fee assessed on all returned check or credit card invoices.

Upgrading a Dedicated or Colocate Service Account

Clients may upgrade their minimum increment level at any time. Generally a call to Comstar during standard business hours allows the client to upgrade accounts within half an hour or by the next business day. This can also be accomplished by email sent to billing@mycomstar.com. Most incremental upgrades have no additional setup fees once the initial setup fee has been paid. Client will be billed for the new service fee based on the contract schedule.

Downgrading a Dedicated or Colocate Service Accounts

Downgrades can be requested although they require approval from Comstar otherwise existing contract terms apply. Any approved downgrade requires a new contract. Conditions of current client agreement are outlined in the "Term and Termination" paragraph of the Master Service Agreement. Requests to downgrade must be submitted via fax or postal mail only. Please contact billing@mycomstar.com for assistance. Account downgrades cannot be used to lessen early termination penalty fees. Termination fees are based on the highest bandwidth and RMU service levels paid for on the account in the last 90 days.

Limits for Individual subscribers (Dial-up and DSL)

Comstar Individual subscribers are allowed only one dial-up or DSL connection per account. Please note that bandwidth usage is only metered on an as-need basis. If Comstar finds that an excessive use of bandwidth for a dial-up or DSL account is being used, additional fees may apply. If necessary, additional bandwidth can be purchased.

If you need multiple dial-up or DSL connections, we strongly recommend purchasing additional dial-up packages. We can arrange billing so that the primary account is billed for additional accounts.

All dial-up and DSL accounts are prepaid services only. Comstar DOES NOT prorate for any unused days or time.

Non-dedicated Individual accounts are meant to be available for "unlimited access," meaning "access on demand rather than a dedicated connection." Any subscriber who needs more than this may need to purchase additional services. With dial-up, this means you cannot keep your connection up indefinitely. With DSL, this means you can always be connected but transfer limits apply.

Server services: Dial-up clients should not use their connection for active or constantly connected web/ftp/mail or other dedicated server services. DSL clients can run server services on their DSL line but we cannot guarantee performance since DSL is sold and marketed as an end user product and is not as reliable as dedicated and colocation services. If the client needs server services on a regular basis, or relies on them for a business, we highly recommend use of a dedicated or colocation account.

Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.

Limits for Business subscribers (Dial-up and DSL)

Comstar business subscribers may use two simultaneous dial-up connections with a single Business account. Please note that DSL subscribers forfeit dial-up services while the DSL connection is in use. If you use more than two dial-up connections, without special arrangement from Comstar, all connections may be disconnected and a warning sent.

All dial-up and DSL accounts are prepaid services only. Comstar DOES NOT prorate for any unused days or time.

If you need additional dial-up connections, we strongly recommend DSL, purchasing additional dial-up packages, or calling for more options. We can arrange billing so that the primary account is billed for additional accounts.

Please note that bandwidth usage is only metered on an as-need basis. If Comstar finds that an excessive use of bandwidth for a dial-up or DSL account is being used, additional fees may apply. If necessary, additional bandwidth can be purchased.

Non-dedicated Business accounts are meant to be available for "unlimited access," meaning "access on demand rather than a dedicated connection." Any business that needs more than this may need to purchase additional services. With dial-up, this means you cannot keep your connection up indefinitely. With DSL, this means you can always be connected but transfer limits apply.

Server services: Comstar allows Business DSL subscribers to run and maintain their own always-on mail servers. Dial-up clients should not use their connection for active or constantly connected web/ftp/mail or other dedicated server services. DSL clients can run server services on their DSL line but we cannot guarantee performance since DSL is sold and marketed as an end user product and is not as reliable as dedicated and colocation services. If the client needs server services on a regular basis, or relies on them for a business, we highly recommend use of a dedicated or colocation account.

Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.

Limits for Dedicated and Colocate Clients

The Dial-up access that may be included with Dedicated and Colocate accounts is only provided for temporary backup connectivity and emergency needs. Hence, Dedicated and Colocate clients are asked not to use their dial-up connection for active or constantly connected services.

Comstar also allows for occasional use of such services for testing purposes. However, if the client needs such services on a regular basis we recommend use of a dedicated line account or the purchase of one or more traditional dial-up accounts to handle such needs. DSL is not included with a colocate account.

Account termination

Any customer's terminated service is NOT subject refund/prorate for unused day/time.

Deactivated Accounts

After 45 days of non-payment Comstar accounts are deactivated from the system. That means that any and all information in the client directory is not accessible to the client, including email, Web, FTP, and any extraneous files located on Comstar.

Mail and WWW forwarding options

Subscribers moving to a new Internet Service Provider are recommended to continue their accounts on Comstar for an additional month beyond transfer of information to the new ISP for forwarding purposes. If you need your site to forward longer simply pay for the amount of time you need your mail and WWW pages forwarded. Subscribers who are transferring their account from Comstar to another provider outside of Utah can have their service forwarded, but only by special arrangement by contacting billing@mycomstar.com. This service is granted on a case by case basis.

Colocate Rack Space Modifications

Clients adding or removing their equipment from Comstar colocation rack space must provide written notice to techsupport@mycomstar.com regarding the change. Clients who do not provide written notice and a rack space audit shows that additional rack space (RMU) has been used will have their account billed back to the beginning of the contract term. Additionally, if you remove equipment and lessen the footprint of your colocate, Comstar will not automatically adjust your account fees until such time as you provide written notice of the modification. We will verify the changes and adjust your bill accordingly. Adding or removing hardware affects the footprint portion of your service and your monthly bill. Comstar charges a minimum $20 RMU fee for any colocation account. Please be sure to notify billing@mycomstar.com of any changes to avoid surprises on future invoices.

Colocate Facility Access Restrictions for Late Payment

Colocation clients with payment past due by 45 days or more will have their access rights disabled. The only way to access your machine will be during standard business hours with n Comstar employee escorting you to your machine(s). While the account is in default clients are forbidden from removing equipment from the Colocation facility. Automated access will not be re-activated until the billing is resolved.

IP Address Assignment

Unless otherwise stated, IP addresses assigned by Comstar are not portable to other Internet Service Providers, or networks outside of Comstar. Addresses are assigned for the term of the customer's subscription to Comstar. Once that subscription ends, the addresses may be reassigned to other Comstar clients independently assigned networks through ARIN can be routed by Comstar upon connection to the Comstar network and transferred with ease to other ISPs and networks outside of Comstar.

Password

Clients are responsible for periodically changing their Comstar passwords. If a customer wishes, they can keep their password indefinitely but clients are solely responsible for security of their account--not Comstar.

Customer Web Site Content

Comstar does monitor and prohibit any pornographic or inappropriate material or content using its services. Anyone who has a problem with a web site on our service must FIRST contact the site owner. If no response is received, please contact us and we will try to resolve the matter quickly.

Illegal and/or damaging activity

Any Internet activity which references back to Comstar or its services in a damaging manner will result in suspension or termination of your account(s). Illegal Internet activity using or referencing to Comstar or a Comstar account will result in immediate termination, possible prosecution, and liability for any legal fees accrued.

Software and software usage

Comstar reserves the right to remove any illegal or potentially damaging software stored on its network/system.

Comstar reserves the right to control what software may be run on our network and/or servers. Such software includes, but is not limited to, software intended to harass or annoy, IRC bots, Usenet "Spam" scanners, or bulk mailing software.

Comstar allows clients to run, maintain, and create CGI scripts (and other non-dedicated processes) on Comstar machines. Should a client's process run out of control and consume resources in such a way as to cause degradation of the Comstar network, the process will be halted by an employee of Comstar This halting will be followed by an email asking you to overhaul the problem code to work properly before you attempt to run it again. Any testing of new code should be implemented during standard daytime business hours to allow for proper monitoring. Repeated failure to run proper code can result in the loss of your CGI and processor privileges. Comstar consultation fees may also be required to resolve issues with your code in extreme cases. Please remember that Comstar's machines are shared resources and our systems administrators must ensure that they function properly for our entire subscriber base.

Software usage may be disallowed for any subscriber installed program for which source code is not available on request for review by Comstar's technical staff.

Copyright Infringement

Comstar does not condone copyright infringement. We do not, however, needlessly invade our clients' privacy without notice and reasonable suspicion of wrongdoing. Comstar's E-mail: mike@mycomstar.com

In order for Comstar to review your claim, you must:

1.       Identify the copyrighted work allegedly infringed;

2.       Identify the material which you claim is infringing;

3.       Provide your name, address, telephone number and email address.

In addition, the notification must be signed by an authorized person, and state a good faith belief that the material is infringing, as well as that the information contained in the notice is accurate. In turn, Comstar will investigate any legitimate complaints, and will take remedial measures where required by law.

Malicious Activities by Comstar Subscribers

Comstar clients shall not intentionally: disrupt network activity; attack machines within Comstar's network or anywhere on the Internet; capture the private data of others; or engage in any other activity deemed malicious or harmful to others. Comstar Systems Administrators reserve the right to determine if any activity meets these criteria.

Clients found to be in violation of this policy may have their accounts terminated or suspended immediately and without notice. Violators may also be reported to appropriate law enforcement officials.

Comstar "SPAM" Policy (i.e., Unsolicited Email/Fax/Pages/News)

To both aid in the fight against spam, and to keep our mail servers off Internet blacklists, Comstar has a zero tolerance policy in regards to clients sending unsolicited (email/fax/pages/news) messages. Specifically, if we receive complaints about bulk email you send, your account will be cancelled if you cannot prove the recipient requested bulk email from you.

Use of Comstar services, or addresses, to send unsolicited communications will result in the -IMMEDIATE- termination of your account, and possibly legal action and the collection of fees at $50 per incident and $100 per hour. Communications of this nature sent from other networks but referencing services hosted on Comstar's networks will also result in account termination. While bulk email is the primary concern, Comstar's Spam policy applies to all other forms of bulk communications.

1) Since Comstar cannot monitor every message that our customers send, we determine that email is unsolicited if we receive "spam complaints" about customer email. In other words, if recipients consider email you send as unsolicited then we generally will consider it spam too. Therefore, all efforts should be made on your part to only email those who have requested your communications. As well, you cannot include email addresses that were acquired from "partners."

2) To best avoid spam complaints, and to get a complaint waived, we strongly recommend that anyone who sends bulk email use the "double opt-in" method to confirm recipients indeed want to receive bulk email from you. If someone doesn't want email from you, and never confirmed they wanted your email, there is a good chance they will report you as a spammer.

By "double opt-in" we mean:
An individual must ask to be added to your list and then reply to a confirmation email you send immediately to their email address. The initial request can simply come from them checking a box when they purchase something from you or signing up to be a member with your organization. Only people who respond to the confirmation email saying they want to be on your list should receive bulk email from you. This confirmation must use an authentication scheme that prevents recipients from being signed up for lists by anyone other than themselves. Note that most corporations use the double opt-in method.

3) If we receive complaints about email, the sender of bulk email must be able to prove that the recipient contacted the sender to request that such messages be received in advance of the bulk mailing. The best way to do this is by using the double opt-in method.

4) To prove that customers did request to receive emails, Comstar requires clients who send bulk email to maintain a database that contains the following information about the recipient list:

*Date and time of the recipient's request to be added to your list
*IP address that the customer made the request from, (if applicable).

Upon request, the sender of bulk email must be able to provide both Comstar and the recipient with the above information within one business day.

5) Unsubscribe information should be clearly readable in every message that is sent out. The sender of the list must act upon all unsubscribe requests within one business day. All unsubscribe requests must also be processed before additional mailings are sent out.