PCstar Communications
P O Box 26141
Salt Lake City, Ut 84126

Voice 801-232-8713

 

 

Spamming will not be permitted and violators will be fined!

By using the Service the Subscriber accepts and fully agrees with the terms of this Agreement and the Rules and Regulations of PCstar Communications Internet Services Internet Services as stated.

Usage Agreement

  1. PCstar Communications Internet Services hereby issues to Subscriber a license to utilize the PCstar Communications Internet Services Service and Internet (hereinafter referred to as "the Service") pursuant to the terms hereof. All provisions of the Usage Agreement apply to all Subscriber accounts. Each Subscriber is responsible for the use of his or her account(s) and for ensuring full compliance by the user of that account with these Usage Agreements.

  2. PCstar Communications Internet Services has the right to suspend access to the Service immediately without Notice, upon non-payment by Subscriber, upon any breach of the Terms hereof, or for any other reason within the sole discretion of PCstar Communications Internet Services.

  3. Furnishing false information on the signup form, contract, phone application or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

  4. Payment Terms: Billing is conducted on a month to month or prepay basis. Billing is conducted 15th of every month. Payments not received by the 1st of the month will be terminated. A bounced check fee will be charged for any returned check in addition to the account being terminated. Bounce check fees are determined according to individual state laws

  5. Subscriber is responsible for all telephone charges for connecting directly to the Service. PCstar Communications Internet Services assumes no responsibility or liability for any phone charges including, but not limited to, long distance charges, per minute (unit) surcharges and/or equipment or line costs, incurred by Subscriber while accessing the Service. Any disputes or problems regarding phone service are strictly between the Subscriber and his or her local phone company and/or long distance service provider.

  6. Subscriber agrees to use the Service in a manner consistent with any and all applicable laws and regulations of the United States an applicable State laws and the laws of foreign countries.

  7. The Service may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any State regulation and/or copyright laws is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening, obscene or material protected by trade secret. Subscriber agrees not to have LINKS or Advertisement's to, or for, copyrighted MP3's, copyrighted material or pornographic material.

  8. Subscriber agrees not to send BULK E-MAIL  of any kind or to participate in SPAMING (Unsolicited advertisement) of any kind. Should you, the subscriber, be found to be in violation of this section your account will be immediately terminated and no refund will be issued. It is also agreed that PCstar Communications Internet Services is due damages in the amount of $100 per incident which will be deducted, if possible, from the subscribers credit card or checking account. In the event PCstar Communications Internet Services is unable to collect damages as described above, PCstar Communications Internet Services will assign the debt to a collection agency. Subscriber also agrees to pay for any and all attorney fees and/or collection costs.

  9. The Subscriber agrees to pay any and all court cost or attorney fees for the enforcement of this agreement.

  10. The Subscriber agrees to indemnify and hold PCstar Communications Internet Services harmless from any claims resulting from its/his/her use of the service, which damages Subscriber or other parties. PCstar Communications Internet Services reserves the right to remove any questionable material from PCstar Communications Internet Services computer systems at the sole discretion of PCstar Communications Internet Services.

  11. IRC (Internet Relay Chat) Using programs that interfere with others' use, or running an IRC robot, on any IRC server is prohibited. When logged into any IRC server, users are expected to comply with the rules and policies established by the server's administrator.

  12. PCstar Communications Internet Services exercises no control whatsoever over the content of the information passing through the network, and/or computer systems to/from the Subscriber. However, PCstar Communications Internet Services ,or it affiliates, at its sole discretion, reserves the right to refuse posting of files and to remove files on any and all equipment owned by PCstar Communications Internet Services or its affiliates.

  13. Subscriber is responsible for obtaining and maintaining all equipment, which is outside of PCstar Communications Internet Services offices, necessary to connect to the Service.

  14. PCstar Communications Internet Services reserves the right to change fees, surcharges, subscriber fees or institute new fees at any time upon thirty (30) days prior written Notice after the initial start of the Service. Notice of modifications to this Policy may be given to subscribers by posting such changes to the PCstar Communications Internet Services homepage, by electronic mail, or by conventional mail.

  15. PCstar Communications Internet Services makes no warranties of any kind, whether expressed or implied, for the service it is providing. PCstar Communications Internet Services will not be responsible for any damage suffered by Subscriber. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, upstream provider, Subscriber's errors or omissions.

  16. PCstar Communications Internet Services specifically denies any responsibility for the accuracy or quality of any information, programs, data, or other such products obtained via PCstar Communications Internet Services and/or the Service. Subscriber will use such at their own risk, on an "as-is" basis.

  17. Subscriber agrees not to resell, give away or obtain any compensation in any form, directly or indirectly, from any other person or entities for access, products, or services provided by PCstar Communications Internet Services without the express written permission of PCstar Communications Internet Services.

  18. You and any members of your household are the only individuals who are authorized to access the Service through your PCstar Communications Internet Services account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems. Violation of this agreement will result in termination of your account

  19. Subscriber may not distribute USERNAME and/or PASSWORD to the Service or any PCstar Communications Internet Services account without the express written permission of PCstar Communications Internet Services.

  20. Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy his/her particular requirements for accuracy and protection of data input and output, from the Service and for maintaining a means external to PCstar Communications Internet Services for the reconstruction of any lost data, and the protection of data and computer systems.

  21. This Agreement and the license granted herein may be and shall continue in force and effect so long as Subscriber continues to receive the Service and pays the fees due.

  22. PCstar Communications Internet Services Internet Services accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs or documents which negatively impact other system users or the performance of PCstar Communications Internet Service's systems or networks is prohibited, and PCstar Communications Internet Service's staff may take action to limit or terminate such programs, documents or account.

  23. Termination of Service: Termination can be given at any time, but should be issued 10 days prior to your monthly due date, and will be implemented on the date you request. Notification MUST be given by using the on-line termination form at, http://PCstar Communications.com/cancel.htm. faxing, fax # 801-996-8509, a letter to PCstar Communications Internet Services or by US mail, PO Box 18781, Salt Lake City  Utah 84118. It is recommended, but not required, to send a certified letter to PCstar Communications Internet Services to guarantee the termination notice has been received. With the exception of pre-paid accounts refunds will not be issued for any remaining service paid for by the subscriber regardless if the service was used or not.. If subscriber has prepaid for service in advance, more than one month at a time, a refund for the remaining balance, minus 30 days, will be mailed to the address on file. Refunds are not issued for the setup fee or the first month of service. Termination requests should be given 10 days prior to your monthly due date in order to avoid billing for the next month of service. Termination requests received less than 10 days prior to the due date will be terminated as requested but the account will be charged for the next month with no refund issued for unused service.

  24. PCstar Communications Internet Services Internet Services reserves the right to modify this Policy at any time upon at least thirty (30) days prior notice. Notice of modifications to this Policy may be given to subscribers by posting such changes to the PCstar Communications Internet Services homepage , by electronic mail, or by conventional mail.

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  26. Charge Backs/Collections: Any current subscriber who charges back any charge will have service immediately terminated with no chance of refund. Any subscriber, past or present, who makes a charge back that results in a violation of this usage agreement will have the total amount charged back plus all applied fees, currently $25 per charge back, sent to our collections department for immediate collection action. This may result in additional collection fees, up to an additional 50% of the total owing, and/or attorney costs and may be reported to the credit bureau as a collection action resulting in negative credit.

  27. Subscriber agrees to only use dial-up phone numbers posted on the PCstar Communications Internet Services web site. Other numbers may be available from the various backbones PCstar Communications Internet Services uses but only the numbers provided from PCstar Communications Internet Services can be used. Should the subscriber use dial-up numbers other than those provided to them by PCstar Communications Internet Services, the subscriber will be charged the current monthly dial-up rate timed by the number of times the subscriber uses a PCstar Communications Internet Services account on a dial-up number not authorized by PCstar Communications Internet Services in addition to their regular monthly fee. Additionally, subscriber agrees to not allow multiple logins with any one Internet code. Meaning, only one login per account is allowed. Subscriber agrees to pay any additional fees due to multiple logins based on the number of concurrent logins timed by the regular base rate.

  28. Periodically PCstar Communications Internet Services will add new services or offerings either directly from PCstar Communications Internet Services or indirectly through a third party vendor. On these occasions PCstar Communications Internet Services may send a e-mail to our customer base informing them of these offerings. As such, PCstar Communications Internet Services reserves the right to send out e-mail to our customer base at any time and for any reason. PCstar Communications Internet Services will use discretion when sending out e-mails soliciting new services.

  29. If a non-refundable, processing fee is charged for all new accounts. This fee is non-refundable.

  30. Some networks (2,3 ISDN and 6) may have a time limitation per month. In the event a subscriber exceeds the time limitation PCstar Communications, at its sole discretion, will provide at no additional cost to the subscriber a second account on the same network or move the subscriber to a non-limited network or terminate the subscribers account and refund a pro-rated amount back to the subscriber.

  31. Member Referral Program: Current PCstar Communications members may refer new subscribers to PCstar Communications and qualify for a free month of service for each referral. To qualify, new subscribers must put the members name on the order form or tell the sales representative that they have been refereed by a current member at the time of sign-up. Referrals will not be excepted after the initial sign-up process. The member who referred the new subscriber will then receive a 1 month credit to his/her account AFTER the new subscriber has paid for 6 months of continuous service. It will be the responsibility of the member to notify PCstar Communications at the end of the six months that a credit is due as this process is not automated. If the new subscriber pre-pays for 6 months of service the current member will be immediately given a credit for one month of service.  In the event the new subscriber does not stay with PCstar Communications for the entire 6 months the fee will be charged to the new subscribers credit card at the time of termination. If subscriber has prepaid for service in advance, more than one month at a time, a refund for the remaining balance, minus 30 days, will be mailed to the address on file. Refunds are not issued for the setup fee or the first month of service, except as outlined in our new account guarantee (See section #30). Additionally, if the referring member has been issued a credit and the subscriber they referred did not fulfill the 6 month obligation, the referring member will be charged the normal monthly fee that was credited to their account. In the event the referring member has also terminated his/her account then a charge will appear on the members credit card for the amount owed.

By using the Service the Subscriber accepts and fully agrees with the terms of this Agreement and the Rules and Regulations of PCstar Communications Internet Services Internet Services as stated above.


PRODUCT SPECIFICATION: NAP-001

Network Abuse Policy: PCstar Communications Networks

Revision: January 18, 2001 Page 1 of 1

This Specification (NAP-001) applies to all PCstar Communications, Inc. Quotes, Orders, and Agreements when NAP-001 is referenced and Client and or Client’s End User(s) use one or more of PCstar Communications’s networks. Report violation of this policy to admin@pcstarnet.com. Notify PCstar Communications’s Customer Service Department at (801) 386-9232 or send disagreement in email to admin@pcstarnet.com, if Client or End User disagrees with this policy and PCstar Communications will terminate network access. Failure to notify PCstar Communications shall constitute acceptance.

1.0 Abusive Conduct: It is prohibited for any user to effect or participate in any of the following activities through a PCstar Communications service or PCstar Communications provided network. Any content, material, message, or data made available or transmitted through the Network, wherever it is sent from, viewed, received, or retrieved, that is in violation of this Policy is prohibited. In the event of violation of the above by any End-User or Client, PCstar Communications may suspend or terminate Services to any End User or Client or PCstar Communications may terminate the sales Order. Client shall be deemed to have violated this Policy if one or more of its End-Users exhibit persistent, repeated violations or a pattern of violations which Client fails to stop within 30 days of written notification, or if Client permits re-enablement of End-User's Service (through the same or different account) after suspension or termination due to a violation. Examples of unacceptable behavior include but are not limited to:

1. Post messages substantially similar in content to ten (10) or more Usenet or other newsgroups, forums, list servers or similar groups or lists (each a "List").

2. Post to any List articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

3. Send unsolicited email , if such email could reasonably be expected to provoke complaints.

Except as otherwise defined under applicable law, "unsolicited email" does not include any message addressed to an individual (i) with whom the sender has a preexisting and ongoing business or personal relationship, (ii) from a non-commercial organization or entity of which the individual is a pre-existing member or (iii) a posting to a List that does not otherwise violate this Policy.

4. Use PCstar Communications or PCstar Communications provided network servers to relay unsolicited commercial email.

5. Harass others by "mail-bombing" or "news-bombing".

6. Threaten bodily harm or property damage to individuals or groups.

7. Forge message header, in part or whole, of electronic transmission originating or passing through PCstar Communications network service.

8. Falsify user information provided to PCstar Communications, or other users of the service in connection with use of a PCstar Communications service.

9. Engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a PCstar Communications provided network account, remailer, or otherwise through a PCstar Communications service. Using PCstar Communications account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect a PCstar Communications service or PCstar Communications provided network.

10. Engage in any activity which: violates any local, state, federal, foreign, or international law, regulation or treaty; threatens the integrity of any computer system without the owner's consent; or violate generally accepted standards of Internet conduct and usage including but not limited to: denial of service attacks; web page defacement; port and network scanning; and/or unauthorized system penetration.

11. Usage in excess of 250 hours (8 Hours a day) per calendar month on networks 10, excess of 400 hours (13 Hours a day) per calendar month on networks 6,  excess of 150 hours (5 Hours a day) per calendar month on networks 3, All other networks are watched for an average of excess of 500 hours (16 Hours a day) per calendar month strictly subject to an hourly overage charge at the rates defined in PCstar Communications’s Quote/Order, Exception is on one of our 24X7 dedicated Accounts.

PCstar Communications considers the above practices to constitute abuse to PCstar Communications and to recipients of such unsolicited mailings and/or postings. Therefore, these practices are prohibited by PCstar Communications’s Acceptable Use Policy. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to PCstar Communications services in accordance with Client’s order with PCstar Communications.

2.0 Blocking: PCstar Communications and PCstar Communications provided networks reserve the right to implement technical mechanisms which block postings and messages as described above before they are forwarded or otherwise sent to their intended recipients.

3.0 Other Abuses: This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, PCstar Communications’s terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and PCstar Communications will respond as appropriate to such activities. Nothing contained herein shall be construed to limit PCstar Communications, in its actions or remedies in any way with respect to any of the foregoing activities. PCstar Communications reserves the right to take any and all additional actions PCstar Communications deems appropriate with respect to such activities, including without limitation, taking action to recover costs and expenses of identifying offenders and removing such from the PCstar Communications service, and levying cancellation charges to cover PCstar Communications’s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, PCstar Communications reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

4.0 ISP Mail Servers: Client who provides its own email server must supply PCstar Communications with mail server names and IP addresses. This list will then be provided to PCstar Communications provided networks for their approval. The ISP's SMTP server must meet the following: Servers must be configured to only handle mail that has a source email address of the client domain or a destination email address of the client domain. Servers cannot be configured for open relay based upon IP address or reverse DNS resolution of the dialup user or service will be shutdown via the filters on the network. For information on Open Relay, read Open Relay FAQ.

5.0 APPLICABLE SPECIFICATIONS: The following Specifications apply to this product specification and product utilization:

T&C-001 PCstar Communications Terms and Conditions NDA-001 Nondisclosure Confidential Agreement PCstar Communications Sales Order

CCA-001 Commercial Credit Application DUA-001 Dial Up Access

6.0 Network Additional Restrictions: "Parking on Networks will be prevented through a 15 minute inactivity disconnect and a 4 hour continuous connection disconnect (session limit)." If any End-User connection exceeds 500 hours of total connect time for any given calendar month. Client/End User is required to upgrade the End-User account to a 24x7 dedicated unlimited usage account prior to incurring excessive connection time abuse (500 hours) to avoid overage charges. Additional costs for the 24x7 account will be Client/End User responsibility and must be paid in accordance with PCstar Communications’s Quote/Order. Network 5 offers Dual Channel connectivity, but both B channels may not be able to be used in conjunction with each other on every session. One hour of ISDN use on two B channels will be billed as two hours of usage. Client or End User may not activate a server that is open for relay, or not use any filters at all. PCstar Communications reserves the right to add acceptable attributes to End Users dial up to permit use of only acceptable SMTP servers.

 

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