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Terms Of Service The service contract between you and Cooley Technologies Inc. Once you apply for our service, you have to agree to this terms and conditions or your order will not be processed. The following words used in context of the Service Contract are defined as follows: "Provider" Cooley Technologies, Inc. "Client" The person or entity who is applying for dedicated Server or Web hosting services The Provider agrees to provide, and Client agrees to receive, access to the dedicated server or Web hosting services according to the following terms and conditions: 1. Client will use the Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the State of Illinois and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account. 2. Provider reserves the right, in its sole discretion, to deactivate the Client's dedicated or shared Web hosting account(s) without warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Clients's account or the traffic on this account causes any kind of network or server problem / disturbances. Since client is not allowed to resell web space within any of the packages provider reserves the right to disable an account or some of its files or directories if client violates this policy. Only reseller servers are designed for web space resale. 3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE DEDICATED SERVERS, WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. 4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the dedicated servers, Web hosting packages and any other services for any reason. 5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
Cooley Technologies's shared hosting servers are not an archive and Cooley Technologies shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Cooley Technologies shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Cooley Technologies's sole discretion, that shall impair the functioning or operation of Cooley Technologies's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Cooley Technologies has the right to carry out a forensics examination in the event of a compromise to Your server or account. If You purchase Microsoft SQL or Managed Backups, You hereby authorize Cooley Technologies to log into Your server for purposes of installing and configuring the software. In the event You terminate, moving Your web site off of the Cooley Technologies shared hosting servers is Your responsibility. Cooley Technologies will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Cooley Technologies will not transfer or manage Your Services or Your web site content 6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS. 7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE DEDICATED SERVER OR WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE Dedicated SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION. 8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that customers may utilize. 9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's dedicated server or Web hosting account(s) upon any indication of such activity without notice. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or any other party's use of electronic mail service(s) on the Client's dedicated server or Web hosting account(s). Provider reserves the right to charge a $50 reactivation fee, if client's violation of Provider's anti-spamming policy leads to an account deactivation or suspension. 10. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be Chicago, Illinois, United States of America. 11. You agree to supply appropriate payment for the services received from Cooley Technologies, in advance of the time period during which such services are provided. You agree that until and unless you notify Cooley Technologies of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Cooley Technologies of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Cancellations must be done in writing to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done online to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of Cooley Technologies, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Cooley Technologies provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Cooley Technologies for services rendered. Access to the account will not be restored until payment has been received. It is the customer's responsibility to notify Cooley Technologies via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Cooley Technologies cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it Cooley Technologies reserves the right to change the monthly payment amount and any other charges at anytime. 12. Cancellations and Refunds Cooley Technologies reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Cooley Technologies gives you an unconditional 45 day money back guarantee on managed shared hosting, any customer who paid the first invoice with a credit card or with Paypal. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: * Bank Wire Transfers * Western Union Payments * Checks * Money orders There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. ? Violations of the Terms of Service will waive the refund policy. Resource Usage User may not: a) Use 10% 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, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") 13. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers. 14. Client may use unlimited resources as long as usage does not use 10% of system resources. If client does use over 10% of system resources client will have 15 days to either find another provider or will have to move to a dedicated server. Client will be notified by e-mail. |
