Terms and Conditions
Cobalt Web Services , ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of services provided by Cobalt Web Services constitutes acceptance and agreement to Cobalt Web Services AUP as well as Cobalt Web Services TOS (Terms of Service).All provisions of this contract are subject to the TOS (Terms of Service) of Cobalt Web Services, and AUP (acceptable use policy). Cobalt Web Services reserves the right to change the AUP or TOS without notification to the client at the discretion of the company and any changes made to either the AUP or TOS will come into effect immedietly. Subscriber understands that change to the AUP or TOS by the Company shall not be grounds for early contract termination or non-payment.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all client information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Cobalt Web Services shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the 1st of the month for that month\'s service. Subscriber agrees that The Company automatically charges client`s credit card every month. Cobalt Web Services reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a £5.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a £5 reconnect charge for shared hosting, IRCd, Shell and Game Server Hosting and a £50 reconnect charge for Colocation and Dedicated Hosting. Accounts not paid by due date are subject to a £25 late fee. Accounts that are not collectable by Cobalt Web Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than £50 nor more than £150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Colocation servers that are terminated for non payment will be considered abandoned and forfeited after 15 days.
5. Refund and Disputes:
All payments to Cobalt Web Services, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Cobalt Web Services sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Cobalt Web Services an "Administrative Fee" of not less than £30 and not more than £300.
6. Failure to Pay:
The Company will take action against Subscriber that have failed to pay by the due date. This can include action by Cobalt Web Services upto and including temporarily denial of your service or termination of this Agreement. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees (Please See Section 4 - Payments and Fees).
7. Account Cancellation:
All requests for canceling accounts must be made via the customer control panel or via email to [email protected] with at least 28 days notice. You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages or incurred losses. In no event shall the company be liable for any special or consequential damages, loss or injury.
The Company sends out invoices automatically via email only. If you require another copy of your emailed invoice please login to your Client Area where you can view all past and current invoices.
11. Support Boundaries:
Cobalt Web Services, provides technical support to our clients (except for few holidays and short company meetings when we close.) All servers housed at our facility are unmanaged, Cobalt Web Services only ensures that the server is online and is remotely accessible. Cobalt Web Services does not offer support for application specific issues such as cgi programming, html or any other such issue. Cobalt Web Services does not provide technical support for YOUR customers. If you can email, we encourage you to email [email protected] for assistance where one of our support collegues will respond to your ticket.
12. SPAM and Unsolicited Commercial Email (UCE):
Cobalt Web Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Cobalt Web Services may not use or permit others to use our network to transact in UCE. Customers of Cobalt Web Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of Cobalt Web Services SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Cobalt Web Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, Cobalt Web Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cobalt Web Services may, at its sole discretion, restrict, suspend or terminate customer\'s account. Further, Cobalt Web Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cobalt Web Services will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of £30 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £60 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £60 per hour that Cobalt Web Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the Cobalt Web Services network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/account immediately removed from our network. The server/account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. IP Address Ownership: If Cobalt Web Services assigns Customer an Internet Protocol address for Customer\'s use, the right to use that Internet Protocol address shall belong only to Cobalt Web Services, and Customer shall have no right to use that Internet Protocol address except as permitted by Cobalt Web Services in its sole discretion in connection with the Services, during the term of this Agreement. Cobalt Web Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Cobalt Web Services, and Cobalt Web Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPES\'s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client
b. Bandwidth Usage. Cobalt Web Services will monitor Customer\'s bandwidth. Cobalt Web Services shall have the right to take corrective action if Customer\'s usage negatively impacts other clients.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Cobalt Web Services Network. Violations of system or network security may result in civil or criminal liability. Cobalt Web Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. Cobalt Web Services is under no duty to look at each customer\'s or user\'s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Cobalt Web Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Cobalt Web Services discretion to a temporary suspension pending a User\'s agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Cobalt Web Services determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer\'s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
Cobalt Web Services reserves the right to suspend network access to any customer if in the judgment of the Cobalt Web Services network administrators the customer\'s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Cobalt Web Services chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer\'s machines were suspended. Customers of colocation servers must make arrangements for the server to be picked up and removed from Cobalt Web Services. The server will be considered abandoned and forfeited after 15 day. If you wish to cancel a dedicated server service, you must give a minimum of 14 days notice via e-mail at the address shown on our contact page, otherwise you shall be expected to pay for the following month.
16. Policy Changes:
Cobalt Web Services wishes to emphasize that in agreeing to the Cobalt Web Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Cobalt Web Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Cobalt Web Services or the bringing of any claim against Cobalt Web Services by any third-party. This means that if Cobalt Web Services is sued because of a customer\'s or a customer of a customer\'s activity, the customer will pay any damages awarded against Cobalt Web Services, plus all costs and legal fees.
17a Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events.
Therefore, client agrees that the Cobalt Web Services shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
17.b Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold Cobalt Web Services liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.
18. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of Cobalt Web Services. Cobalt Web Services may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Cobalt Web Services takes no responsibility for any material input by others and not posted to the Cobalt Web Services Network by Cobalt Web Services. Cobalt Web Services is not responsible for the content of any other websites linked to the Cobalt Web Services Network; links are provided as Internet navigation tools only. Cobalt Web Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party\'s violation of this policy.
d. Cobalt Web Services is not responsible for any damages your business may suffer. Cobalt Web Services does not make implied or written warranties for any of our services. Cobalt Web Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cobalt Web Services.
19. Responsibility for Content:
You, as Cobalt Web Services customer, are solely responsible for the content stored on and served by your Cobalt Web Services service.
20. Server Outages
a. Cobalt Web Services endevours to provide 100% uptime for all of its services but due to the nature of updates and faults we are unable to guarentee that there will be no downtime. do not guarentee that the server will be online at all times although we do activly ensure that the server is fully functioning 24/7.
b. The Customer acknowledges that The Company will not be held liable for any unplanned outages to its services due to faults or upgrades.
c. The Customer acknowledges that The Company will provide adequate notice of any planned downtime and that in the event that The Company cannot provide alternative services for the downtime The Customer will be liable for implementing alternatives.
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