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Terms of Service / Acceptable Use Policy

Colo IP Networks, LLC

Acceptable Use Policy and Terms of Service Revised: 10/16/2014

Your use of the services and products provided by Colo IP Networks, LLC (hereafter referred to as "Colo IP"), constitutes your acknowledgment and agreement to the Terms of Service and Acceptable Use Policy and the terms and conditions set forth herein. You (hereafter referred to as "Customer") agree to comply with Colo IP's policies. Colo IP strives to provide the best possible service to customers and will not tolerate any unlawful activity or abuse on our network. If you do not agree to be bound hereby, please notify our billing department at (877) 316-7663 and Colo IP will close your account(s).

This Acceptable Use Policy (this AUP) as modified and changed, from time to time, shall be in effect and shall govern the terms and conditions of the services provided by Colo IP and agreed to by Customer. Customer's use of Colo IP's products and services is subject to Customer's acceptance and compliance with this AUP. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT THIS AUP IS READ, UNDERSTOOD, AND ACCEPTED. This AUP may be amended and modified by Colo IP. Colo IP will post changes to the AUP on the legal page of our website at http://www.coloip.com/legal. Customer's use of Colo IP's services after such posting shall constitute your acceptance of any such amendments or modifications. Customer is responsible for guaranteeing that products and services provided by Colo IP comply with this AUP. Colo IP reserves the right to terminate any such customer.

Customer acknowledges that the service provided is by nature one that can be interrupted for many reasons other than the negligence of the company and that ascertaining damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Colo IP shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Colo IP.

Customer further acknowledges that the liability of Colo IP for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall Colo IP be liable for any special or consequential damages, claims, losses or injuries.

USE OF SERVICES; CHANGE OF SERVICE

Colo IP's products and services may not be used for unlawful services. Transmission, distribution, storage, or linking of any material in violation deemed unlawful will result in account termination. Colo IP reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. This case will result in no refunded. Colo IP reserves the right to modify pricing of services and/or discontinue or change services offered upon notice to the Customer by posting on the Colo IP website.

CONTENT POLICY

All services provided by Colo IP may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law. Customer agrees to indemnify and hold harmless Colo IP from any claims resulting from such compliance or the use of the service which damages the customer or any other party. Colo IP will be the sole arbiter as to what constitutes a violation of this provision.

IRC POLICY

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net, DDOS, or other malicious activities.

SPAM POLICY

Colo IP is committed to a strict anti-spamming policy. Under this, we prohibit spam, or any unsolicited commercial email. All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an a "opt-in" process or that has made their e-mail addresses available to a user for distribution of information. Colo IP will provide customer with information regarding the incident in order to take care of the violation. As a last resort, accounts cancelled due to spam will face a clean-up policy.

BACKUP POLICY

There is no guarantee expressed or implied with backups or backup services. It is the Customer's responsibility to retain local backups and copies of content and information. If data loss occurs a failure to Colo IP, data will be recovered on a best effort basis. If data is lost due to negligence of Customer, Colo IP will not be held responsible. Customer is fully responsible for assuring backups are kept.

SECURITY

Violations of our system or network security are prohibited, and may result in criminal and civil liability. Colo IP investigates all incidents involving such violations.

Examples of violations include, but are not limited to:

CONSEQUENCES OF VIOLATIONS

If Colo IP is aware of any type of violation, an investigation will take place on Customer's account. During the investigation, Colo IP may restrict Customer's access in order to prevent further possible unauthorized activity. Colo IP may restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Colo IP reserves the right to disclose Customer's information and notify the appropriate law enforcement department of such violation. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion.

Abuse fees are $100 per clean-up and $100 per incident/complaint. This fee may be billed to Customer's account at Colo IP's discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 24 hours and must be paid before any suspended service may be reactivated. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Before reactivating suspended services, Colo IP, account must be made current and Customer may be required to incur prepayments for the next billing period.

SETUP TIME

Colo IP typically aims to deploy servers within 15 business days. Due to the time it takes to deploy Customer configurations, some deployments may take up to 60 calendar days to employ. Customer will be notified if the order is expected to take longer than Colo IP's average deployment time. No refund will be provided for servers that are cancelled while waiting for deployment.

SUPPORT

Support is available 24/7/365 for all products and services under Colo IP. Our SLA is only available to customers who open tickets by emailing [email protected] or through the management portal available athttps://manage.coloip.com/. If urgent support is required that is not covered by our SLA, Customer may call Colo IP directly at (877) 316-7663. Phone support will be given on a "best effort" basis. We strive to respond to support calls within 10 minutes of receiving. Works not covered by an existing contract will incur a fee of $200/hour. These include, but are not limited to, system administration and remote hands.

RDNS

RDNS entries can be submitted via tickets by emailing [email protected] or through the management portal available at https://manage.coloip.com/. RDNS entries will be completed within two business days.

BANDWIDTH & OVERAGES

Bandwidth used in excess of your allotted amount will be charged at $0.50 per gigabyte of data transfer or $80/mbps for 95th percentile, depending on the billing method specified on each service for a Customer in the customer portal. Colo IP reserves the right to reduce a customer's port speed if the customer is expected to exceed their allowance, this cap will remain in place until Customer provides a deposit for estimated overages or upgrades their bandwidth plan so that their expected usage will not incur any overages.

USER INFORMATION

Customer has the sole responsibility of making sure that complete contact and billing information is updated and provided to Colo IP. Colo IP will not be held responsible for inaccurate information.

PAYMENTS

Invoices are sent five (5) or more days before the invoice is due. Failure to make payment on time may suspension of service or a late fee at the discretion of Colo IP. Any account with an invoice that is five (5) or more days past due may be treated as an abandoned account and all services may be suspended or permanently terminated at the sole discretion of Colo IP. Suspension of account does not eliminate debts to Colo IP. For Colocation accounts, Colo IP reserves the right to hold customer equipment as collateral. Customer has up to three (3) months to pay all debts before equipment is considered abandoned.

CANCELLATIONS

You may cancel your services by providing us with at least thirty (30) days cancellation notice via a ticket by emailing [email protected] or through the management portal available at https://manage.coloip.com/. If you fail to provide notice 30 days before the end of your billing period you agree to be billed for 1 more period. Cancellations of services are effective immediately. Colo IP reserves the right to no longer honor a service or product after it has been cancelled.

REPORTING ABUSE

Any party seeking to report any violations on Colo IP's network, please email [email protected]

REFUND POLICY

30-Day Risk-Free Guarantee on web hosting services such as shared hosting or VPS. Due to the nature and costs associated of other products and services, no refund will be provided. This includes, but is not limited to, dedicated servers, colocation, bandwidth services, and domain servers.

INDEMNIFICATION

Customer agrees to save harmless Colo IP from and against all losses, damages, actions or causes of action, suits, claims, demand, penalties and interest arising in connection with or out of any such services hosted on the Colo IP Network.

LIMITATION OF LIABILITY:

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

DISCLAIMERS:

Customer agrees that Colo IP cannot be held liable for system downtime, crashes, or data loss nor can Colo IP be held liable for any predicted estimate of revenues or profits in which a Customer would have received or obtained if its site was functioning. Customer acknowledges that certain services provided by Colo IP are resold. Thus, certain equipment, routing, software, and programming used by Colo IP are not directly owned or written by Colo IP. Moreover, Colo IP holds no responsibility for the use of our customers' accounts. Upon the breach of any terms or conditions, Colo IP has the right to immediately deactivate the account(s). Colo IP reserves the right to remove any account without advance notice for any reason without restitution as Colo IP sees fit. Furthermore, Colo IP retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without prior notification. Customer agrees that the posting of any change(s) to the above Policies, Guidelines, and Disclaimer on the Colo IP website shall constitutes sufficient and actual notice to Customer of the Policies, Guidelines, and Disclaimer then in effect.


Privacy Policy

At Colo IP, we take your privacy and our responsibility to protect it very seriously. We have created this statement in order to demonstrate our firm commitment to making sure your personal information is safe and secure with us. It is our promise to you that, unless you tell us otherwise, any information you provide to us about yourself will be known only by you and Colo IP.

Information Collection

We collect information every time a visitor comes to our web site. In order to access certain areas of our website, users are asked to register and provide us with certain information. This information is used to provide you with the best possible experience and to tailor our products and promotional offers to your interests and needs. Our purpose is to improve the overall quality of our site and the products and services we provide. Individual information is never disclosed to others.

Use of Information

Use of IP address

We use your IP address to help diagnose problems with our server and administer our Web site. We use your IP address to identify you, to track a user's session, and to gather other, non-customer specific demographic information. Again, you can feel secure that Colo IP will not release your personal data.

Use of Cookies

Colo IP uses cookies, a standard Internet technology that allows us to store and retrieve login information for every user of our system. We use cookies to save information such as passwords and preferences so you don't have to re-enter it each time you visit our site, and to deliver content tailored to your interests. If you do not wish to accept cookies, most Internet browsers allow you to block cookies from your browser. Please note, however, that if you choose not to accept cookies, you may encounter difficulties using certain parts of our web site.

Use of Registration Information

Our registration program requests users to give us contact information (name and email address), and demographic information. We use this contact information to send out updates about Colo IP. Also, when necessary, we use your contact information to get in touch with you. Users may choose to opt out of receiving future mailings at any time (see the choice/opt-out section below). Demographic and profile data is collected at our site so we can tailor your experience at our site to your needs and interests. It allows us to know what you'd like to be informed about and how you'd like us to display our information. We will not provide that information to others.

Links to other sites and Advertising

Our web site may contain links to other sites that provide products and services to enrich your experience at Colo IP. You can rest assured that these sites will be carefully reviewed by Colo IP to ensure they are suitable. However, although we continuously monitor these sites, Colo IP cannot guarantee that these web sites have not or will not change since they were selected for inclusion on our site. Colo IP does not plan to offer advertising from others on this site.

Order Forms

In the future, Colo IP will use an order form for customers to request information, products, and services. Contact information provided on this form is used to ship product orders, to provide information about our company, and/or to make promotional offers. This contact information is also used to get in touch with you when necessary (e.g., about the status of an order). Users may opt out of receiving future mailings (see the choice/opt-out section below).

Online Surveys and Contests

Our online surveys ask visitors for contact information (email address), demographic information, product preferences and information about how they use products and services We use contact data from our surveys to send the visitor information about our company. The contact information is also used to contact the visitor when necessary. Visitors may opt out of receiving future mailings (see the choice/opt out section below). Demographic and profile data is collected at our site so we can tailor your experience at our site to your needs and interests. It allows us to know what you'd like to be informed about and how you'd like us to display our information. We will not provide this information to others.

Public Forums

This site may provide chat rooms, forums, message boards, and/or news groups to its users in the future. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. This section will be updated as these capabilities are introduced.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Our secure server (SSL) is the industry standard.

Choice/Opt-Out

Our site provides users the opportunity to opt out of receiving communications. Or, just send us an email at [email protected] IP.com if you would no longer like to receive communications from us.

Correct/Update

If you would like to correct or update information at any time, please email us at [email protected]

Legal Process

If we receive a subpoena from a duly authorized governmental entity, we will comply with the subpoena and, unless the subpoena requires otherwise, we will notify you of the subpoena.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with Colo IP, you can contact us at [email protected]