This Acceptable Use Policy (AUP) of Comintech Corp sets forth the rules, regulations, and restrictions regarding the use of the devices (any CPU-based hardware platform), IP addresses (any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address), and services (corporate eMail services; eMail marketing; webhosting, co-location, cloud services), provided, managed, or assigned to a Client by Comintech, as described in a Service Contract or other Order Form accepted by the Client. Comintech may, from time to time at its sole discretion, impose rules, regulations, or restrictions on the Services not expressly stated in this AUP. Comintech may modify this AUP at any time at its sole discretion. Modifications and revisions of this AUP will be posted on the company’s website www.comintechcorp.com and effective immediately. The use or hiring of any Comintech Services implies the Client’s implicit acceptance of the terms and conditions of this AUP, agreeing to abide by them and the applicable laws of the cities, states, and countries where the Client uses the Services and where the Services are located.
Any violations of this AUP, the policies of any upstream provider of Comintech, or the policies of any network connected on, to, from or through the Services may, at the sole discretion of Comintech, result in the immediate suspension or cancellation of any or all Services or other action deemed appropriate by Comintech, without remuneration to the Client. Any fees paid in advance of such suspension, cancellation, or other actions are non-refundable.
Web hosting accounts are delivered in or before 1 hour after first payment. Domains Names are available after payment, as soon as the DNS information from registrar is fully propagated. Usually this time is 24 to 48 hours. Dedicated Servers, Managed Servers and Managed Services are delivered from 8 to 48 business hours after first payment.
Comintech will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering. After 30 days of ordering, cancellations are only accepted 30 days before the end of the billing cycle. Cycle payment is non refundable once it begins. Domain name registrations cannot be cancelled and are not refundable. Dedicated server and colocation plans are not refundable.
The Client is solely liable and responsible for any and all data stored or transmitted on, to, from, or through the Services, including, without limitation, block special files, character special files, directories, symbolic links, socket links, fifos, regular files, programs, databases, text, graphics, pictures, movies, audio, streaming media, web pages, hyperlinks, email, instant messages, chat messages, file transfers, host names, and domain names.
The Client is solely liable and responsible for any and all damages or fines resulting directly or indirectly from violations of this AUP. Violations of this AUP may result in significant civil and criminal liability issues for the Client. Any attempted or actual violation of this AUP by any party on the Client’s behalf shall be considered a violation of this AUP by the Client.
The Client is responsible for the conduct of the Client’s customers and is responsible for informing the Client’s customers of their responsibility for adhering to the terms and conditions set forth in this AUP.
Comintech assumes no liability or responsibility to any party for any violation of this AUP by any other party. Comintech shall monitor its sites and network for any violations of this AUP but does so not under any obligation.
Violations of this AUP are enforced at the sole discretion of Comintech. Any client, or other third party, in violation of the terms and conditions herein will be notified via eMail at the abuse contact email address(es), if provided, and/or the first principal contact email address associated with the Services. The Client is responsible for maintaining its contact information up to date so that Comintech can reach the Client even in the event of the disconnection of the Client’s Services. The Client must notify Comintech of any changes or modifications at support (at) comintech.us. The Client’s failure to receive a notice regarding the AUP infringement or violation does not limit the right of Comintech to enforce this AUP or the Client’s responsibility to resolve violations of this AUP in a manner acceptable to Comintech. The Client must remove all domains, sites, users, or exploits causing a violation of this AUP. The Client must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. Comintech may, at its sole discretion, access any managed Service or require root access to any unmanaged Service to remove the cause of a violation or reconfigure, harden, or remove any improperly configured or insecure software.
Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, Client’s Services may be:
There is a standard response time assigned for each violation within which period an initial reply from the Client, with appropriate comments, questions, or actions to resolve issues indicated in an AUP violation notice, must be received by Comintech. If the Client’s initial reply is not received within the specified timeframe, Comintech will suspend the Services. However, replying within a standard time is not a guarantee the Services will not be suspended. The standard times may be modified on a case-by-case basis depending on the abuse type, severity, history, quantity of complaints, upstream provider requirements, and other factors. The client will be informed of the response time in the eMail sent by Comintech informing the Client of the specific violation.
In general terms, the Client will have between 24 hours (for issues such as copyright violations, spam, etc.) and 8 hours (for issues such as Open Proxy, Hosting an Open Proxy, Open Relay, among others) to respond to Comintech’s notice, except in the case of child pornography for which Comintech maintains a zero tolerance policy.
A complete list of offenses and responses times is available upon request.
Comintech and all of its eMail services are operating under the concept known as Permission-Based E-Marketing, which means that eMails are to be sent only to the customers that solicit them.
Comintech does not tolerate SPAM, defined as all unsolicited bulk eMail sent to multiple recipients who did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. If any customer or natural personal sends any type of Spam through our email delivery services, the case will be dutifully investigated and prosecuted.
Unsubscribing: As required by law, Comintech includes a link to unsubscribe from future email deliveries made by the same sender.
Sender information: Each email generated by Comintech contains the legitimate address of the source of the message.
Promise of Email Marketing: Comintech accepts, supports and meets the terms of the Email Marketing Pledge, guidelines that are established by the ESPC, Email Sender Provider Coalition.
Comintech’ permission-based E-marketing platform is equipped with all the tools Comintech Clients need to develop and monitor email deliveries, in order to ensure that Comintech’ anti-spam policy is not violated.
If you have received unsolicited emails or if you have any questions regarding Spam and/or our anti-spam policy, please email us at abuse (at) comintech.us
Mailing lists must be true opt-in, requiring that Client to provide the recipient with either a confirmation email or a confirmation web page where the recipient must reply with a confirmation email having a unique tracking number, or must click a hyperlink either in the confirmation email or the confirmation web page both having a unique tracking number maintained in the Client’s web server log file, thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific opt-in site both of which must be hosted on the network of Comintech under the Client’s administrative control. The Client is required to provide the confirmation email reply or the web server log file line having the unique tracking number as evidence that the recipient did indeed opt-in to the email list. The Client is also required to provide at least one simple method to opt out of the email list that must be honored immediately.
In regard to unmanaged Services, the Client is solely responsible for the management, administration and security of the Services, all data stored or transmitted on, to, from, or through the Services, and for all passwords provided to the Client by Comintech.
In regard to managed Services, the Client is solely responsible for all data stored or transmitted on, to, from, or through the Services, and for all passwords provided to the Client by Comintech.
It may become necessary for Comintech to perform management, administration, or security work on the Services to resolve a violation of this AUP in a manner acceptable to Comintech without the Client’s prior approval; the Client will be responsible for paying Comintech US$100.00 per hour, with a one-hour minimum, to carry out aforementioned tasks.
It is strictly prohibited for the Clients to use Comintech Services for illegal activities. Comintech will cooperate as needed with law enforcement authorities in the investigation and prosecution of all and any criminal activity. The Client accepts that Comintech may disclose any and all of the Client’s information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency as permitted or required by law without the Client’s consent, nor requiring any prior notification.
Comintech is required by law to require the Client to delete or remove access to material that infringes the copyrights, trademarks, or other intellectual property rights of others. If a Client is found guilty of repeatedly infringing the copyrights, trademarks, or other intellectual property rights of others, Comintech will be forced to suspend and/or cancel the Client’s Services.
In the event that a Client believes that its work has been copied in a way that constitutes copyright infringement, the Client shall provide Comintech with the following information:
Use of a publicly routable IP address not provided to the Client by Comintech as part of the Services is prohibited. Comintech provides shared network resources and, therefore, excessive use or abuse of these shared network resources by a single Comintech Client may adversely affect other clients of Comintech or the network of Comintech. Any misuse of network resources in a manner adversely affecting other clients of Comintech or the network of Comintech is prohibited. Any activity or data stored or transmitted on, to, from, or through the Services that adversely affects other clients of Comintech, the network of Comintech by an offended third party, or the reputation of Comintech is prohibited.
The Client is liable and responsible for violations of this AUP by any third party the Client provides with free web, mail, ftp, or other hosting. Comintech strongly advises that the Client does not provide free hosting to unknown third persons or parties. If violations of this AUP are repeatedly the result of said free hosting services, Comintech may, at its sole discretion, suspend or cancel any or all Services or require Client to cease its offering of said free hosting, removing the service from its network.
Bit Torrent, Point-to-Point, and Proxy software are allowed as long as they do not result in a violation of this AUP. Comintech may, at its sole discretion, require removal of such software.
Violations or concerns regarding this AUP should be reported by email to abuse (at) comintech.us