Terms and Conditions
Thank you for using ComStar Network for your Radio Stations. Please read these terms of use carefully, they may have changed since your last visit. This is a legal agreement. When using ComStar Network materials and websites you confirm your agreement to these terms of use (these “Terms”), our Privacy Policy, and our Anti-Spam Policy. If you do not accept either of these, then you may not make use of this website or the products offered within. These terms were last updated on May 1, 2016.
1. General Terms of Use
We may amend the Terms at any time as the result of a regulatory change or for any commercially reasonable reason. Our future performance of our obligations under the Terms is sufficient consideration for any amendment. Any amendment will become effective upon notice to the User, either by email or by posting it on the Website. If you do not agree to any amendments you must stop your use of the Website and sales materials and terminate your Account. Any terms provided to you in any other form are null and void.
2. Subscription Service
ComStar Network agrees to provide the subscriber with a sales materials, website design and website hosting services, consisting of website server space and such additional services, as may be provided by the subscriber in order for continuous operation of the websites and sales services. ComStar Network reserves the right to change or modify the features of the subscriber’s service plan from time to time to increase trustworthiness. The subscriber’s continued use of ComStar Network’s services after receipt of such a notice of modification shall constitute the subscriber’s acceptance of and agreement to be bound by ComStar Network’s modification of the terms and conditions of this Agreement.
3. Usage, Fees & Payments
ComStar Network, LLC provides web hosting and related sales services to product subscribers for a monthly fee during the agreement term. Subscribers are solely responsible for all taxes arising out of any use of your Account by you or anyone else using your Account. Fees will be paid in advance of any services being provided every month.
(a) All Fees are charged in United States Dollars.
(b) ComStar Network currently accepts the following payment methods for all transactions via the Website and web interface. Additional Processing fees may apply.
- Visa, MasterCard, and American Express credit cards
- PayPal
4.Agreement Terms & Termination
(a) Term of Agreement: This Agreement renews on a monthly basis until terminated by one of the parties as provided in this agreement.
(b) Subscriber Termination: The subscriber may terminate this Agreement for any reason, by contacting ComStar Network at any time. In the event of a cancellation, ComStar Network will not refund amounts already billed for the current service period..
(c) ComStar Network Termination: ComStar Network may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to the subscriber’s primary website e-mail contact address no less than 30 days prior to the service termination date.
5. Account and Password Access Information
Subscribers are solely responsible to keep Account login and password information confidential, this includes the usernames and passwords of any Additional Users. Subscribers shall be solely liable for any activity that occurs under your Account via the primary login information or via any Additional User login information.
In all cases the subscriber agrees to notify ComStar Network immediately of any unauthorized use of your Account or any other breach of security.
6. Violations Of Network Security
Subscriber are prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in immediate termination of the subscriber’s agreement.
(a) Accessing data not intended for the subscriber or logging into a server or account that the subscriber is not authorized to access.
(b) Taking any action in order to obtain services to which the subscriber is not entitled.
(c) You may not use the ComStar Network Services in a way that, to be determined in Our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the ComStar Network Services, including ComStar Network’s servers, computer network, or User Accounts.
(d) You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use any content of the ComStar Network Services for public or commercial purposes without our express written permission.
(e) You shall not use the ComStar Network Services in violation of the Applicable Laws or third party rights (including third party terms of service), and shall not use the ComStar Network Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of any person or entity.
(f) You may only use our templates, any images we provide, or any other features or functionality of the Products with the Products themselves (for example, you may not take an image or template and use it on your website). This restriction also applies to customized templates prepared by our professional services group.
(g) You shall not use documents and images hosted by ComStar Network on servers controlled by ComStar Network for any purpose whatsoever other than in connection with the products.
7. Warranty Against Unlawful Use
The subscriber warrants and represents that the subscriber shall use ComStar Network services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of the subscriber’s account for cause.
8. Liability; No Warranty; Limitation Of Damages
(a) The subscriber expressly agrees that use of Services provided by ComStar Network is at the subscriber’s sole risk.
(b) ComStar Network guarantees 99 percent uptime for its website, website components and Web servers. If uptime for the subscriber’s web server falls below 99 percent during any given month, ComStar Network will credit the subscriber as follows: 10% discount for server uptime that falls below 99%. 25% discount if server uptime falls below 90%. 40% discount if server uptime falls below 80%. Any such credit shall be applied to future invoices. This credit shall be the subscriber’s sole and exclusive compensation for any downtime or other unavailability of ComStar Network’s services under this Agreement. ComStar Network shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
(c) ComStar Network, its agents, affiliates, licencors or the like, do not represent or warrant, expressly or implicitly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(d) ComStar Network, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to ComStar Network’s records, programs, or services.
(e) ComStar Network will exercise no control over the content of the information passing through ComStar Network’s network except those controls expressly provided herein.
(f) ComStar Network makes no warranties or representations of any kind, express or implied, for the services it is providing. ComStar Network also disclaims any warranty of merchant ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the subscriber.
9. Copyrights, Trademarks, And Other Intellectual And Proprietary Rights
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to the subscriber. The subscriber agrees that all right, title, and interest in any product or service provided to the subscriber belongs to ComStar Network and/or it’s agents. These products and services are only for the subscriber’s use in connection with Services provided to the subscriber as outlined in this Agreement.
(b) The subscriber expressly warrants that it has the right to use any copyrighted, or trademarked material which the subscriber uses, posts, or otherwise transfers to ComStar Network servers.
(c) The subscriber acknowledges and understands that any outside programming/images used to develop the website is owned by ComStar Network and/or such third parties and cannot be transferred to the subscriber and is hereby specifically not transferred to the subscriber and shall remain the property of ComStar Network and/or such third parties. The subscriber and ComStar Network also agree that the design and development of the website may include source code, documentation, and/or application programs that were previously written or developed by ComStar Network and modified to meet specific requirements (the “Code Content”). ComStar Network shall own all worldwide right, title, and interest in and to the Code Content. ComStar Network and its subcontractors retain the right to display graphics and other web design elements of the subscriber’s website as examples of their work in their respective portfolios.
10. Support and Assistance
Subscribers acknowledge that ComStar Network may from time to time provide marketing advice and other coaching, template design, frequently asked questions and tips on best practices and complying with Applicable Laws, including our Privacy Policy and any sample offer terms. Subscribers acknowledge that such assistance and information is provided as a convenience and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, Applicable Laws or with third party rights.
11. Indemnification
Both parties agree to defend, indemnify, and hold other party harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against other party, its agents, servants, officers, and employees, that may arise or result from any Content or Service provided or performed or agreed to be performed or any product sold by either party, their agents, employees, or assigns. Both parties further agree to defend, indemnify, and hold harmless other party against liabilities arising out of:
(a) Any liability arising by virtue of any use of ComStar Network’s services by the subscriber for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any material supplied by both parties infringing or allegedly infringing on the property or proprietary rights of a third party;
(c) Copyright or trademark infringement by both parties, or violation by both parties of intellectual property rights of any other party; and
(e) Any defective product sold or distributed by means of Services.
Both parties agree that the liability limit of the other party shall in no event be greater than the aggregate dollar amount which the subscriber paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
12. Force Majeure
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
13. Governing Law
This Agreement has been entered into in the State of Florida, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
14. Severability
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
15. Entire Agreement
This terms and conditions shall constitute the entire agreement between the subscriber and ComStar Network, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
All information and material is provided for general informational purposes only. The authors make no representation or warranties with respect to the accuracy, applicability, fitness or completeness of the information contained in this publication. The authors disclaim any warranties (expressed or implied), merchantability, or fitness for any particular purpose. The authors shall in no event be held liable for any loss or other damages, including, but not limited to, special, incidental, consequential, or other damages. The authors assume no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information on this publication. THE PUBLICATION IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE PUBLICATION IS AT YOUR OWN RISK. BY USING THIS PUBLICATION, YOU AGREE THAT YOU HAVE READ THIS DISCLAIMER AND AGREE WITH ALL THE TERMS.