This Web Hosting Agreement is between Colt Host and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services. Colt Host provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Colt Host are subject to the following terms of service:
1. Account Set Up
We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2. Terms and Content
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month. As the client it is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Always, set permissions on most directories to 755 or stronger. Always, set permissions on most files to 644 or stronger. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
It is your responsibility as the client to keep all your scripts up to date all the times.
If your site is hacked due to outdated scripts or weak passwords then that is 100% your responsibility and Colt Host cannot be held responsible whatsoever.
We Reserve The Right To Delete Any Account Without Notice if the account is seen to be abusing server or network resources.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and double optin will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Cost Host. All rights reserved.
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancellation. Colt Host takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, your account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through Colt Host (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
4. Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Colt Host of your desire to cancel any or all services received, those services will be billed on a recurring basis. We run a tight ship at Colt Host, enabling us to provide excellent prices to all our customers. If you do not pay your account by the due date we reserve the right to suspend your account and may add late charges to your account.
To re-activate suspended accounts a late fee is payable upfront will be incurred, before re-activation as well as the overdue invoice.
If payment is not made within 7 days of due date your account will be permanently deleted without any further Notice. We reserve the right to change the advertised monthly payment amount and any other charges at anytime.
It is up to you the client to always make sure that all hosting and domain payments are made on time to prevent any disruption of services. No receipt of invoices due to any reason will not be used as an excuse for not paying for any services. Clients are able to login to the client area at all times to view any invoices we have sent. All due dates are available for all accounts and services at all times.
5. Server & Disk Space Abuse
Any attempt to undermine or cause harm to a server or customer of Colt Host is strictly prohibited.
Colt Host will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Colt Host, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – Colt Host has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Colt Host to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Colt Host will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Colt Host client account.
6. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We recommend you create and download a full back of your cPanel regularly, including downloading and storing the generated back up on your own system.
7. Bandwidth Abuse and Resource Usage
The intention of Colt Host is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for the overages.
Clients are allocated a monthly bandwidth allowance as per their hosting package. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Traffic will go unmonitored until you reach the amount of quota allocated to your specific plan. Colt Host will be the sole arbiter as to what constitutes a violation of this provision.
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, Cron jobs, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
f) Cron Scripts will be monitored for resource usage and disabled if they interfere with the normal running of our servers.
8. AUP – Acceptable Use Policy
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Colt Host hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Colt Host notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Colt Host reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Colt Host and Customer regarding the interpretation of the AUP, Colt Host commercially reasonable interpretation of the AUP shall govern.
9. Cancellation and Refunds
Cancellations are PERMANENT and no backup data will be available for recovery after cancellations. If you cancel and move to another company then you need to make the needed arrangements with regards to moving your domains as we will then no longer be available to assist.
If your accounts were in good standing we will not delay any domain transfers. If you were a slow payer or had outstanding invoices then you will be responsible for settling any outstanding domain fees at the registrar directly before they will approve the domain transfers. We only pay your domain fees after 60 days at the registrar if your account is in good standing. If your account is not in good standing you will forfeit the domain registration fee to us and will have to pay the domain yourself at the relevant registrar. Domains are registered to the company name/personal name that you used when you signed up for an account with us – domains do not get registered to our name.
Any account cancelled or not paid for within the first 60 days will not have the domain paid by us and you will need to pay the domain yourself at the registrar.
We reserve the right to cancel the account at any time for Breach of our T.O.S.
We reserve the right to refund a prorated amount or no refund at all for breach of T.O.S.
Customers may cancel at any time.
Refunds will only be calculated/offered on accounts which are in good standing.
Should you request a refund of any package that includes a free domain name, then our advertised cost of the domain will be deducted from the refund amount.
If any account with a free domain is cancelled within the 1st 3 months then the client will be liable to pay our advertised cost for the domain name.
Payments for domain name registration and domain renewal are non-refundable.
Domain registration errors will not be refunded
Any account cancelled within the 1st month after registering will incur an admin fee deducted from any refund amount.
Refunds will be calculated on the invoice amount less days of usage, less any affiliate commission already paid, less the amount paid for domains names, less an admin fee to process the refund, per account cancelled.
10. Domain Registration
10.) Domain Registrations
10.1.2 Should applicant fail to pay any of the fees contemplated in this clause 9.1.1 within the periods stated herein, Colt Host may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name registration in whole or in part.
10.1.3 Colt Host shall under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are registered on a first-come-first-served basis and the registration of the Domain Name by Colt Host shall in no way constitute any indication or warranty of Applicant’s right to utilise such name.
10.2 Applicant’s Warranties & Indemnity
10.2.1 Applicant hereby irrevocably represents, warrants and agrees that:
10.2.1.1 its statements in the Application are accurate and complete;
10.2.1.2 it has the right without restriction to use and register the Domain Name;
10.2.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
10.2.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
10.2.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
10.2.1.6 at the time of the initial submission of the Application, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and be capable of receiving queries relating to the Domain Name and responding thereto;
10.2.1.7 it has selected the Domain Name without any input, influence or assistance from Colt Host.
10.2.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless Colt Host, its directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys fees on an attorney and own client basis. Such claims shall include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. Colt Host agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that Colt Host shall be defended by attorneys of Colt Host’s choice at Applicant’s expense, and that Applicant shall advance the costs incurred in such litigation, to Colt Host on demand from time to time.
10.3. Colt Host gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
10.4. Applicant agrees that Colt Host shall have the right to withdraw the Domain Name registration (in whole or in part) or transfer the Domain Name (as the case may be):
10.4.1 in the circumstances contemplated in clause 3;
10.4.2 should Colt Host receive an order by any competent court having jurisdiction;
10.4.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from Colt Host calling upon it to do so;
10.4.4 should Colt Host receive a decision by a Dispute Resolution Provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by Colt Host.
10.5. Applicant acknowledges that all information provided to Colt Host in the Application may be disseminated and/or published by Colt Host in a manner generally accepted in the domain name industry, including but not limited to publication of such information on Colt Host’s Administration Sites, and Applicant hereby irrevocably and without limitation consents to the dissemination and/or publication of such information.
10.6. Under no circumstances whatsoever shall Colt Host be obliged to:
10.6.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name;
10.6.2 refund any fees paid by the Applicant in terms of clause 9.1.1.
10.7. Should Colt Host be presented with evidence that indicates that the Domain Name violates the rights of a third party, Colt Host shall be entitled to provide the complainant with Applicant’s name and contact particulars and all further communication will exclude Colt Host and Colt Host will have no further obligations to the Applicant or complainant.
10.8 DOMAIN Name Registration and Renewals
10.8.1 Colt Host registers all domains in the name of the User. Accordingly Colt Host will insert User’s email address as Registrant with the relevant Registrar so that all notifications of renewal will be automatically notified to the User.
10.8.2 The onus on renewal and transfer of the domain remains with the User as authorised owner of the domain.
10.8.3 Renewals not paid for by the expiry date may be parked on a on a temporary commercial parking page due to the non payment.
10.8.4 Colt Host will not respond to any request to transfer a domain away from Colt Host unless it receives express instructions from the User/Owner of the domain.
10.8.5 Resellers confirm that domain names will not be registered in their name, domains will be registered in the name of the correct beneficiary of the domain name. All domain names are registered in the name of the client, as the client is the rightful owner and beneficiary of the domain name.
11. Price Changes
Colt Host reserves the right to change and update any prices as required, without any prior notice what so ever.
TECHNICAL SUPPORT BOUNDARIES
Colt Host provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Colt Host obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Colt Host, Colt Host’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Colt Host AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Colt Host’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Colt Host’S SERVER.
Disclaimer of Warranties
Colt Host does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Colt Host disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
Colt Host cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Colt Host are resold. Thus, certain equipment, routing, software, and programming used by Colt Host are not directly owned or written by Colt Host. Moreover, Colt Host holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Colt Host sees fit. FURTHERMORE, Colt Host retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Colt Host and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Colt Host may suspend services to Customer without notice and without liability if: (i) Colt Host reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Colt Host reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Colt Host reasonable reinstatement fee if service is Colt Host following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Colt Host fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Colt Host prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Colt Host describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information and Disclosure to Law Enforcement
Customer agrees that Colt Host may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Colt Host believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Colt Host may disclose any client information to official law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with all official law enforcement agencies. All clients need to supply Valid ID documents and Proof of residence when requested. We will request positive Identification and proof of residence at any time we feel our services are in jeopardy. Should you be asked for proof of ID and residence, your sites and hosting will be suspended until we have received the requested documents.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Colt Host not with standing any agreement by Colt Host to provide back up services.
All services provided by Colt Host may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Colt Host and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Colt Host servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Changes To Our Network
Upgrades and other changes in Colt Host’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Colt Host reserves the right to change its network in its commercially reasonable discretion, and Colt Host shall not be liable for any resulting harm to Customer.
Notices to Colt Host under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Colt Host shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Colt Host’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Colt Host unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Colt Host’s prior written consent. Colt Host’s approval for assignment is contingent on the assignee meeting Colt Host’s credit approval criteria. Colt Host may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Colt Host’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELLATION OF SERVICE
Colt Host reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Colt Host if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Colt Host may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month�۪s payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Colt Host’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Colt Host or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Colt Host network. If YOU use a domain name in connection with Colt Host or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Colt Host network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Colt Host will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Colt Host a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Colt Host under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
Colt Host shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Colt Host. Colt Host reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Colt Host prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Colt Host price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Colt Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Colt Host to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Colt Host) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Colt Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Colt Host will reinstate YOUR domain name registration solely at Colt Host’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain names to Colt Host
YOU agree to pay Colt Host prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Colt Host price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Colt Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Colt Host to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Colt Host) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Colt Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Colt Host will reinstate YOUR domain name registration solely at Colt Host discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Colt Host
Colt Host reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Colt Host will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Colt Host reserves the right to refuse service to anyone. YOU may only use Colt Host server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of Colt Host management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Colt Host may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Colt Host follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.