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    TERMS OF SERVICE

    ColDen Communications and Vet Host (herinafter called Company) 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 The Company are subject to the following terms of service:

    Billing

    We bill either monthly, quarterly, bi-annually or annually. If you are not satisfied within your first 30 days, we will provide you with a full refund for hosting, except any fees paid for domain registration are non-refundable. If we provided free one-year registration of a .com, .net, .org, .biz or .info domain for your bi-annual or annual payment and you leave before your term has expired, $19 will be charged to your account.

    We accept Visa and Master Card. Please note that we will setup your account and email your login information upon receipt of payment.

    For future billing, the Company will notify you of the amount due. At that time, we will automatically debit your credit card for the amount due. Please be sure to keep your credit card information current by using your Customer Gateway.

    Delinquent Accounts: If payment is not received by the due date, we will suspend your account. If we still do not hear from you within 15 days, we will automatically delete your account from our servers. We will work with you, but we must be notified or else you risk losing your account. Please make every effort to submit payments in a timely manner.

    Account Cancellations: When you need to cancel an account, you must notify us and we will cancel your billing.

    Content Restrictions

    All services provided by the Company 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 the Company and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

    Pornography is prohibited on all the Company servers. This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Company reserves the right to determine what is and what isn't acceptable for our servers.

    Child Pornography

    Company will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Reseller Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal material posted by their clients.

    According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act should be reported to the ICE Agency (Immigration and Customs Enforcement) at 1-800-BEALERT.

    Illegal MP3 archives

    Any illegal MP3 archives, downloads and streaming is strictly prohibited in any shape or form. Company will not allow users to store, offer downloads or streaming of illegal mp3s or ANY files violating copyright law. We do allow audio or video or textual files that are covered by copyright law to be stored, downloaded or streamed from our servers. Any site found to be doing so will be removed immediately from our servers without notice and refund.

    Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination, and referal to law enforcement.

    Also prohibited are sites that promote any illegal activity or present content that may be damaging to Company servers or any other server on the internet. Links to such materials are also prohibited.

    Examples of unacceptable content or links:

    - Pirated software
    - Hacker programs or archives
    - php cracker scripts
    - Warez sites
    - cgi-telnet

    Company will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and the appropriate law enforcement agency will be contacted. Any information or files on these servers will be deleted, and there will be no refund.

    Transfer (Bandwidth)

    Each account is allowed a generous amount of bandwidth. Should the limit be exceeded, there is an excess charge of $3/GB over that amount. It should be noted that we have not yet had an instance where a client has been billed for extra transfer. Most of our clients don't even come close to their limit per month.

    Commercial Advertising - Email

    Vet Host is a division of ColDen Communications of Virginia. Spamming is illegal in Virginia, and we cannot afford to let spam email pass through our servers under any circumstances. If you plan on using your account for unsolicited bulk emailing do NOT sign up for an account with us. Should we discover that you are sending spam through our servers or sending spam that references pages on our servers, your account will immediately be deleted without notice and no refund of any kind will be made even if you are within your 30-day trial period. You may also be subject to local, state and federal penalties as well as network fees as specified below.

    Spamming, or the sending of unsolicited email, from a Company server or using an email address or domain that is maintained on an Company machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. Company will be the sole arbiter as to what constitutes a violation of this provision.

    Email Policy and Penalties Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network. Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

    * Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
    * Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
    * Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
    * Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

    Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

    Mailing Lists: Company's mass mailing rules also apply to mailing lists, listservs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

    Background Running Programs

    We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

    IRC

    We do not allow IRC or IRC bots to be operated on our servers.

    Server Abuse

    Any violation will result in immediate deletion of a site from our servers without notice, and there will be no refund of any fees paid in advance.

    Refusal of Service

    We reserve the right to refuse, cancel, or suspend service at our sole discretion.

    Backups

    Company performs nightly, weekly, and monthly backups of critical system files and user files for emergency purposes. Clients should not rely on Company to perform site/data backups for them and are responsible for backing up their own data. An easy-to-use instant backup facility is available via the client control panel, Cpanel. MySQL data dumps can be easily performed by the client via Cpanel or phpMyAdmin. Clients are advised to backup all of their own files to their local drives. Company is NOT responsible for lost data, time, income or any other resource due to hardware failure, faulty backups or non-existent backups.

    LIMITATION OF LIABILITY:

    Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Company servers going off-line or being unavailable for any reason whatsoever. Furthermore, Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Company servers. All damages shall be limited to the immediate termination of service.

    Violations of these Acceptable Uses Policies should be referred to postmaster at VetHost.com.

    All complaints will be investigated promptly.

    Reseller Policy Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.

    Money Back Guarantee

    Company is pleased to offer a money-back guarantee should you become unsatisfied within 30 days of your account activation. We do not refund domain name registration fees under any circumstances. Furthermore, Company will not and cannot be responsible for any fees that you charge for your services to your customers. Company will only grant a refund after the first 30 days if we are at fault for not providing you with the services promised on our hosting page.

    DISCLAIMER:

    Company 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 Company are resold. Thus, certain equipment, routing, software, and programming used by Company are not directly owned or written by Company. Moreover, Company holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advance notice for any reason without restitution as Company sees fit.

    IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE COMPANY SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, ACT OF GOD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

    ACCOUNT ACTIVATION:

    By signing up for any of the services offered by Company, client agrees to hold Company and any and all of its officers, directors and employees safe and harmless from any and all actions in connection with client's utilization of any and all services provided by Company. The transfer of a domain owned by a client to a server utilized by Company or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by Company by client regardless of whether or not client has paid for said services at any given time.

    FURTHERMORE, Company retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

 

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