ColDen Communications Shared Hosting & Terms of Service

ColDen Communications provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by ColDen Communications are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless ColDen Communications, from any claims resulting from the subscriber's use of ColDen Communications' services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

ColDen Communications will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email -

Server Abuse - Any attempts to undermine or cause harm to a ColDen Communications server or subscriber of ColDen Communications is strictly prohibited including, but not limited to:

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of ColDen Communications and all shared hosting accounts must adhere to the above policies.

Bandwidth Measurement and Overage Fees
As of August 11, 2004 all bandwidth listings for shared hosting accounts consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.25 per GB over.

Dedicated Server Support
Basic support and maintenance of shared hosting accounts is provided at the discretion of ColDen Communications. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

Scheduled Maintenance and Downtime
ColDen Communications will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond ColDen Communications' control or which are not reasonably foreseeable by ColDen Communications, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. ColDen Communications will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. ColDen Communications has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds
Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $19 will be deducted from the money refunded if the user's domain was registered via ColDen Communications' free domain registration method.

Any violation of ColDen Communications's Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by ColDen Communications.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 60 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 90 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Free Domain Name Registration: ColDen Communications will register any available .com, .org, .net, .info or .biz domain for free upon creation of a new account as long as the client hosts his domain with us. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

If Free registration is offered for the first year only, subsequent renewals are $19 per year and will be billed prior to expiration.

Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. ColDen Communications is not responsible for lost data or for lost data due to third party software that is not maintained by ColDen Communications programming staff. (Cpanel is not associated with ColDen Communications)

Promotional Use
ColDen Communications may refer to You, Your company, or your logos for promotional purposes. Your company name, logos and the services that were provided to the customer by ColDen Communications may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the ColDen Communications website. This reference will be strictly limited to disclosure that ColDen Communications has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at ColDen Communications. However, ColDen Communications may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by ColDen Communications under this Agreement shall not be deemed Work For Hire, but ColDen Communications shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by ColDen Communications.

Microsoft Software License Policy.
Microsoft, as well as ColDen Communications company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a ColDen Communications purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through ColDen Communications. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with ColDen Communications licensed Microsoft products. Any questions regarding this policy can be addressed to ColDenCommunications.com.

Limitation of Damages
Recovery of damages from ColDen Communications may not exceed the amount of fees it has collected on the account.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and ColDen Communications.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by ColDen Communications administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. ColDen Communications maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution
Any dispute between ColDen Communications and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Massachusetts law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Worcester County, Massachusetts, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Indemnification
Customer agrees to indemnify and hold harmless ColDen Communications its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.