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Terms of Service - Host ColorAll services provided by Host Color 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 that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Host Color from any claims resulting from the use of the service which damages the subscriber or any other party. Non-Acceptable ContentPornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Host Color will be the sole arbiter as to what constitutes a violation of this provision.Examples of Non-Acceptable Content or Links
BillingYou agree to make a payment for the Host Color's services, in advance of the time period during which such they are provided. You understand and agree that until and unless you submit a cancelation request to Host Color LLC through your Account Zone, in which you state that you desire to cancel any or all services received, those services will be billed on a recurring basis. Please note that this includes the billing periods in which these services might be suspended for any TOS violationsAll cancellations must be submitted through Account Zone from button "Request Cancelation", which can be found at "Client Area > My Products & Services > Product Details" for any particular service or product. Once we receive your request for cancellation and have confirmed all necessary information with you via e-mail if necessary, we will process your request or will open support ticket if we need any additional information or have to get any approval from you. A Host Color LLC Sales or Customer Support operator will confirm your request (and process the cancellation). If you do not hear back from us, or do not receive the automatic confirmation email, after submitting your cancellation, please contact us at 1-888-222-1495. We require that any cancellation of service or product to be done through your Account Zone in order to a) confirm your identity, b) confirm in writing that you are prepared for all files, e-mail account and any other information to be removed from our servers. Should you have initiated a chargeback agains Host Color and violated our Terms of Service all hostign services and products of yours might be suspended, until the chargeback is resolved/canceled. As a client of Host Color, your solely responsible to keep your payment information up to date, and that all invoices are paid on time. You agree that until and unless you notify Host Color LLC of your desire to cancel any or all services received (as the procedure is explained in the TOS), those services should be billed on a recurring basis, unless otherwise stated in writing in our TOS. Host Color LLC reserves the right to bill your credit card or payment information on file in its system. We provide 7 days grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and are not paid will result in a late payment fee of 2.5% and/or an account suspension applies to the invoice. It must be paid in full as a part of the outstanding balance. The late payment fee is aded on the expiry date of the service or product. Please note that no discounts are available for services or products that have not been renewed prior to the expiration date. Any customer may cancel at any time via a "Request Cancelation" button, which can be found in the product or service page in their Account Zone. Host Color guarantees guarantees 30 days money back guarantee on Shared Hosting, and Reseller accounts (paid on annual basis). Cancellations requested submitted for Shared or Reseller Hosting services after the initial 30 days will not be granted renewal. Any products or services which for which Host Color did not receive cancelation request made from customer's Account Zone through button "Request Cancelation" must be paid by customer and any unpaid invoice will be due. Unpaid invoices for more than 15 days after the due date will be sent to our Collection department or to a debt collection agency. RefundsPayments for Host Color's hosting packages can be refunded within 30 days of the activation of the hosting service. Fees paid for Domain name registrations are non-refundable. When refunding hosting plans packages which include domain name registration Host Color reserves the right to withhold a part of the payment to cover the cost of the domain name registration. The amount withheld would not be higher than the price of the customer's domain name paid by Host Color. Refunds after the 30 days period after activation of the service can be issued at Host Color's sole discretion on a case-by-case basis.All Shared Hosting and Reseller account holders added on annual, bi-annual and triennial subscriptions are eligible for 30 days money back guarantee. 45 days money back may apply for certain services or plans. VPS hosting accounts on monthly, quarterly or semi-annual subscriptions are bound by a 14 days money back guarantee policy! Accounts on annual, bi-annual or triennial contracts are eligible for 30 days money back guarantee. No refunds apply for Dedicated Hosting services and accounts. There are no refunds on administrative or installation fees, as well as for cPanel/WHM, Plesk, WHMCS, Softaculous license fees or any other licenses, you have authorized Host Color to purchase for you. This includes any installation or subscription fees for custom software. Unless a cancelation is specifically requested from Accounts.HostColor.com, section "My Products & Services" through button "Request cancelation", which is displayed for each separate product or service, an account, a product or service should remain active until the service period expires. Any violation of these Terms of Service (TOS) will affect in waiving the refund policy and the customer will not be eligible for a refund. Services support, Data Loss & DisclaimerHost Color provides support for its online services to the extent that the services are functional. Host Color is not responsible for unavialbility of its services caused by misconfiguration or errors on the side of the customer.Data Loss Your use of Host Color's service is at your sole risk. Host Color is not responsible for any files and/or data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain appropriate backup of files and data stored on Host Color's servers. Disclaimer Host Color is not be responsible for any damages your business may suffer. Host Color makes no warranties of any kind, expressed or implied for services provided. Host Color disclaims 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 Host Color and its employees. Traffic GuidelinesAll the sites that use Host Color's hosting package are limited (for "Unlimited" see the section "Term "Unlimited") to an indicated rate of trasfer of free traffic per month. Sites that go over the allocated traffic will be charged per gig. Sites must pay this fee at the begining of nex month, and site is subject to suspension if bandwidth is unpaid for.Background Running ProgramsAs a general rule we do not allow background running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC: We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.Term "Unlimited"Host Color offers "Unlimited" bandwidth (Data Transfer) with some web hosting plans, or where specifically indicated. Please understand "Unlimited" not as "timeless" or "without any physical limitations", but as data transfer, which Host Color does not limit by quota.Services that use data transfer without quota restrictions still have the following physical constraints: (a) The user may not occupy 20% or more of system resources in an account for more than one (1) minute. This limit does not include resources occupied by programs or activities involving scripts like CGI, FTP, PHP, HTTP requests, etc.; (b) The user is not authorized to perform any processes on the server(s) which contains the hosting account privately. This includes all daemons, such as IRCD; (c) The user shall not use any data collecting program or index, including Google Cash/AdSpy in hosting accounts within the shared hosting plan (Shared Hosting); (d) The user does not have the right to use any software that communicates with IRC (Internet Relay Chat) network; (e) The user is not authorized to perform bit torrent applications, or any similar programs; (f) The user is not entitled to participate with your account in any system for sharing files, or peer-to-peer activities; (g) The consumer does not have the right to store games and server applications like counter-strike, half-life and others.; (h) The user is not authorized to perform cron operations in intervals smaller than 20 minutes. CGI ScriptsHost Color accounts do not comes with pre-installed scripts in the CGI-BIN. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Host Color is not allowed.Server ResourcesAny web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Distribution and/or Transmission of Obscene or Indecent Speech or Materials Violation of indecency and obscenity laws can result in criminal penalties.Intellectual Property RightsMaterial accessible to you through Host Color's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Host Color Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HostColor Network. If you use a domain name in connection with the Host Color Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.Network SecurityCustomers may not use the Host Color 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 the customer, logging into a server or account the customer is 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. Customers 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. Host Color will cooperate fully with investigations of 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.DefamationDefamatory speech distributed over the Internet can result in civil liability for the defamer.Account Renewal and Domain RegistrationHost Color does not support expired hosting accounts or domains. If client wants to keep domain registered by Host Color and host it with another hosting company he/she must issue domain transfer at least 15 days before expiration date of this domain. Host Color do not have rights over clients' domains and agrees to provide assistance only if client have kept to 15 day term. We do not care responsibility for any domains passed their expiration date.Expired DomainsHost Color guarantees the prices of domain renewal and registration listed on the HostColor.com website only for non-expired domains. You agree that you are responsible to renew your domain name before the expiration date.For a period of 15 days after an expiration of a domain name, Host Color may reactivate your domain name and to restore your ownership over an expired domain. You agree that a minimum fee of $35 applies for restoration of ownership over an expired domain name. A regular renewal price of a domain name also applies. A fee of $60 may apply for restoration of ownership over an expired domain name after the 15 days period mentioned above expires. If an expired domain name enters in Redemption period, you can regain ownership over after paying a domain redemption fee of $130. Refusal of ServiceHost Color reserves the right at its sole discretion to refuse or cancel service. Violation of any of Host Color's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.Spam Or Unsolicited E-MailYou must not use the Host Color Network, Host Color equipment or any Host Color email address in connection with the transmission of SPAM, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Host Color Network, Host Color equipment or any Host Color email address.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. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. You agree that you may not host on Host Color servers websites advertised via unsolicited email or SPAM - also known as "Spamvertised". This provision includes, but is not limited to SPAM sent via email, instant messaging, usenet/newsgroups or by fax or phone. If for any reason you as individual, or the organization or entity you represent is listed in the ROKSO you are not allowed to host any website or applications on our servers. If you are connected to any ROKSO activities your account will be suspended, the service will be canceled and will not be reinstated. Any use of hosting account which results in Host Color's IP space being included in a blacklist will be immediately suspended and/or terminated. If you are found to have spammed, without warning, Host Color reserves the right to disable your domain and suspend your account. In addition, Host Color may impose a $100 penalty for each spam policy violation which led to our IP space included in any blacklists. No refund will be processed to customers who's accounts have been suspended to SPAM. Host Color reserves the right to refuse or cancel service to known spammers. Host Color reserves the right to determine what violates this policy. As such, any violation will result in cancellation of services without refund. As such, any violation will result in immediate deactivation of services without refund. AbuseAny attempts to undermine, slander, libel, threaten, swear at, offend or cause harm to a Host Color server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.IndemnificationCustomer agrees that it shall defend, indemnify, save and hold Host Color harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Color, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Color against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Color server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of fourthColor to the amount paid for service. Host Color will not be responsible for any damages your business may suffer. Host Color makes no warranties of any kind, expressed or implied for services we provide. Host Color disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Color and its employees. We reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. Host Color furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Host Color wishes to emphasize that in accepting services, customers indemnify Host Color for the violation of any law or Host Color policy, that results in loss to Host Color or the bringing of any claim against Host Color. This means that if Host Color is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Host Color, plus costs and reasonable attorneys' fees. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. Host Color reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.Governing, Law, LawsuitsThe Agreement is governed by the laws of the State of Delaware, exclusive of any Delaware choice of law principle that would require the application of the law of a different jurisdiction, 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. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts inNew Castle County, Delaware and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Host Color LLC or any of its employees. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued. |
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