Terms and Conditions

TERMS OF SERVICE (TOS)

The Colossal Webs Company provides domain registration services as well as Internet World Wide Web site hosting, marketing, and development (“Our Services”). These Terms of Service (TOS) shall constitute and act as the contract into which you, the Customer (“the Subscriber”), enter with us, The Colossal Webs Company (“the Company”), for the purpose of the services that we provide.

The Colossal Webs Company’s general policy is to act as a provider of Internet presence services. The Colossal Webs Company has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. The Colossal Webs Company also has specific ethical concerns regarding the use of its computers as detailed below. Therefore, The Colossal Webs Company reserves the right to suspend or cancel a customer’s access to any or all services provided by The Colossal Webs Company when we decide that the account has been inappropriately used.

The Colossal Webs Company (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of The Colossal Webs Company services and equipments constitutes acceptance of, and agreement to, The Colossal Webs Company’s Acceptable Use Policy (AUP) as well as The Colossal Webs Company’s TOS (Terms of Service), both of which have the legal binding value of a contract between you, the Customer, and us, the service provider. Ordering and/or using our services therefore constitutes an acceptance of, and agreement to, the terms, provisions and conditions of this contract as stipulated in both the present TOS and our Acceptable Use Policy (AUP).

All provisions of this contract are subject to the present TOS (Terms of Service) and our Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) and TOS may be changed from time to time at the discretion of the Company and without prior notice. Subscriber understands that change to the AUP and/or TOS by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania applicable to contracts enforceable in that state. Venue will be Monroe County, Pennsylvania.

1. Disclosure to Law Enforcement: The Acceptable Use Policy (AUP) specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. Fraudulent orders are also subject to prosecution. In addition The Colossal Webs Company shall have the right to terminate all services set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the services 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. Promotional offers are contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Our Price Freeze policy applies only to the base monthly hosting plan rates for existing customers. It does not apply to domain name pricing or pricing for other services. Changes to customer hosting plans, either in the form of upgrades or downgrades cancel price freeze guarantees. Should unforeseen circumstances (cost hikes in our upstream providers, etc.) arise that would force us to seek to raise the base rates of these plans, Subscriber will be notified and given the choice to remain with the Company or seek another provider of services. At any rate, existing customers’ base monthly rates will be preserved from any such price hikes as per our Price Freeze policy (see below).

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the term of payment to which customer subscribed. Apart from domain names, which carry a minimum term of payment of one year before renewal, and other one-time charges, our plans are based upon four terms of payment. Subscriber acknowledges that the services ordered will be automatically renewed by the Company at the anniversary date of the term of payment selected at time of sign-up. The Colossal Webs Company, as well as residents of the state of Pennsylvania who subscribe to, and/or order, the Colossal Webs Company services, may be subject to the current sales tax rates as imposed by the State of Pennsylvania, which is currently 6.00%. The above sales tax rates will apply wherever applicable under the current Pennsylvania state fiscal legislation. The Company accepts credit card payments as well as payments by check (U.S. checks only), money order, including international money order, Western Union wire transfers, as well as bank to bank money transfers.

4. Declined payments and Fees: Credit cards that are declined for any reason are subject to a $50.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by The Colossal Webs Company 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 $350. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

a. Price Freeze Policy: We practice a policy of price freezing. This means that the customer stays permanently with the monthly rate and feature structure which they subscribed to at time of sign-up. Should our monthly rates go up or down, or should our plan features and structures change, existing customer rates and features will not be affected by such changes. Existing customers are, however, allowed to upgrade their existing plan to, at least, the next plan above their current plan and pricing structure. Regular setup fees will apply during such upgrades, unless otherwise specified or negotiated. Important: Our Price Freeze policy applies only to the base monthly hosting plan rates for existing customers. It does not apply to domain name pricing or pricing for other services. Changes to customer hosting plans, either in the form of upgrades or downgrades cancel price freeze guarantees. Should unforeseen circumstances (cost hikes in our upstream providers, etc.) arise that would force us to seek to raise the base rates of these plans, Subscriber will be notified and given the choice to remain with the Company or seek another provider of services. At any rate, existing customers’ base monthly rates will be preserved from any such price hikes as per our Price Freeze policy (see below).

b. Account Renewal Policy: Accounts are automatically renewed on a per term of payment basis. Each term of payment must be pre-paid in advance. Our terms of payment are: 1 month, 3 months, 6 months, 9 months or 12 months, depending on the type of service. Longer terms can be negotiated. We must always have valid customer credit card or other payment information on record in order to facilitate the implementation of automatic rebilling of due accounts at renewal time. In order to anticipate any billing or processing problem that may arise in the context of Web-hosting account and/or domain name renewals, all renewable accounts are automatically billed for renewal at least 30 days prior to the actual renewal date.

5. Refund and Disputes: All payments to The Colossal Webs Company are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Colossal Webs Company’s sole discretion, is a valid charge under the provisions of the current TOS (this contract) and /or Acceptable Use Policy (AUP), you agree to pay The Colossal Webs Company an “Administrative Fee” of not less than $100 and not more than $350.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. As a general rule, here is our policy for overdue accounts:

• Step 1: Account suspension: Web hosting and email hosting accounts that are overdue are suspended on the 7th day if they have not been paid up to seven days after the due date. During the suspension period, your Web site and.or email data is still available on the server and may be reactivated if payment is received within the grace period between account suspension and account termination.
• Step 2: Account Termination: Web hosting and email hosting accounts that are overdue are terminated on the 20th day if they have not been paid up to 20 days after the due date. Termination means that all your Web site and email data are permanently and irrecoverably deleted from our server. Once deletion has occurred, your service is discontinued. Discontinuation of service does not free you from the obligation to pay us any amounts due to us and we reserve the right to seek payment of any monies due to us in a court of law.

NOTE: It is important for our customers to understand that keeping an account overdue or unpaid is not a right. While we understand that customers may from time to time not be in a position to pay for their services on time, the grace period we offer is not a right and cannot be construed as a right. We retain the absolute right to suspend and terminate service as soon as a related invoice becomes overdue. Similarly, the payment-overdue reminders we send after the due date are not a right either. We retain the right to send or not send them at our sole discretion. Customers may therefore not use the fact of not receiving suspension or termination notification emails after the due date as reason for keeping invoices unpaid or engaging in litigation because an account was suspended or terminated without their knowledge. We typically send one invoice-due notification when an invoice is first generated and one reminder thereafter, also before the due date. It is the customer’s responsibility, once an invoice is generated and notification of an invoice due received, to arrange for payment before the invoice become overdue. Every invoice we send before the date date contains warnings about what will happen if the invoice is not paid on time as well as the expected suspension and termination dates. These warnings constitute our notices of suspension and termination. Customers must understand, further, that, due to the nature of the services we offer, we require prepayment of all of our Web-hosting and domain registration services. Keeping an account overdue or unpaid means a customer is using our services for free and, thus, preventing us from properly operating our business. As a result, domain names due for renewal whose payment is not received on time are suspended immediately upon expiration and Websites whose hosting-service payment is not received by the due date are suspended seven (7) days after the due date if left unpaid.

7. Account Cancellation: Requests of account cancellation may be made at least 30 days, but no more than 60 days, prior to the renewal of your account at its anniversary date. Notices of cancellation may be sent:

• Via your billing account: This is the easiest and preferred way of cancelling. All it takes is for you to log into your billing account, visit the page of the product or service you want to cancel, and tick the cancellation checkbox. This will cause the billing system to automatically cancel the service in question on its exact anniversary date.
• In writing to:

Attn: Cancellations
The Colossal Webs Company
P.O. Box 1150
Stroudsburg, PA 18360
USA

• Trouble Ticket: The Colossal Webs Company may also consider cancellation submitted via the Trouble Ticket system in the members section of your Colossal Webs Company biiling account. Please log into your billing account via the members section and submit your request for cancellation via the Trouble Ticket System. From there, you can request to have your virtual, reseller or server account cancelled no sooner than 60 days and no later than 30 days before the date at which you wish service to stop.

You must have all account information to cancel. Also, note that accounts can be cancelled only at the end of the term for which you signed up (monthly, quarterly, 6 months, 9 months or one year). For instance, if you signed up for an account on March 3, 2003 under a quarterly term, the end of your term is June 3, 2003. We must thus receive your cancellation notice by May 3, 2003 (30 days prior to the end of the term). Early cancellations do not give lieu to a refund of the part of the service that you did not use. An administrative fee of $100 will be charged to any customer who will not cancel their hosting account according to the 30-day notice requirement.

And please remember, in order to anticipate any billing or processing problem that may arise in the context of Web-hosting account and/or domain name renewals, all renewable accounts are automatically billed for renewal at least 15 days prior to the actual renewal date. So, be sure to notify us of your desire to cancel at least 30 full days in advance.

a. Account downgrades and upgrades: Downgrading of account to lower price-structure accounts is not permitted. Also, customers cannot cancel one account in order to sign-up for a cheaper account or to take advantage of special offers or changes in our plan and package configurations. Customers can only upgrade to accounts with a higher pricing structure.

8. Our responsibility: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. New Domain Accounts: All new web-hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by The Colossal Webs Company on behalf of the account holder a handling fee (domain registration fee) will be incurred.

10. Transfer of Domains: New web-hosting accounts which involve the transfer of a domain from another provider to The Colossal Webs Company may require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by The Colossal Webs Company on behalf of the account holder a handling fee (domain transfer fee) will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned and no refund will be issued.

11. Support Boundaries: The Colossal Webs Company, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise, as specified in this TOS (this contract) and in our Acceptable Use Policy (AUP). The following is our guidelines when providing support: The Colossal Webs Company provides support related to your server or virtual site physical functioning (See our Acceptable Use Policy (AUP)). The Colossal Webs Company does not offer tech support for application specific issues such as cgi programming, html or any other such issue. The Colossal Webs Company does not provide technical support for YOUR customers. We encourage you to use our Trouble Ticket system for assistance. The Trouble Ticket system is accessible from your account Control Panel and/or Billing area. If you are able to get online and have other questions, the answers may be on our FAQ page — we encourage you to check there first. Lastly, the Help files in the program you are using and the makers of any such program may have the answer to your question so please do investigate these resources before contacting the Colossal Webs Company tech support. We may offer limited help on CGI or html at our sole discretion, and only for generic usage issues.

12. SPAM and Unsolicited Commercial Email (UCE): The Colossal Webs Company 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 The Colossal Webs Company may not use or permit others to use our network to transact in UCE. Customers of The Colossal Webs Company may not host, or permit hosting of, sites, services or information that is advertised by UCE from other networks or ours. Violations of this policy carry severe penalties, including immediate termination of service.

a. Violation of The Colossal Webs Company’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Colossal Webs Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Colossal Webs Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Colossal Webs Company may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, The Colossal Webs Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Colossal Webs Company 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 $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 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 $175 per hour that The Colossal Webs Company personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account or any other account related in some ways with our network and services.

c. As our Customers are ultimately responsible for the actions of their clients over the Colossal Webs Company network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Our customers will be liable and held responsible for the actions of their clients.

d. Because we have no refund policy, customers whose accounts are terminated due to any of the violations mentioned or not mentioned above are not entitled to a refund.

IMPORTANT NOTICE:

BEGINNING IMMEDIATELY, 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 account immediately removed from our network. The account will not be reconnected until such time that customer has agreed to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to his/her account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice. IN any case of violation, the penalty fees stipulated above will be applied.

13. Network

a. IP Address Ownership: If The Colossal Webs Company assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to The Colossal Webs Company, and Customer shall have no right to use that Internet Protocol address except as permitted by The Colossal Webs Company in its sole discretion in connection with the Services, during the term of this Agreement. The Colossal Webs Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by The Colossal Webs Company, and The Colossal Webs Company 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 ARIN’s new policies. These new 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 our customers with servers 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.

b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). The Colossal Webs Company will monitor Customer’s bandwidth and disk usage. The Colossal Webs Company shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The Colossal Webs Company’s sole and absolute discretion. If The Colossal Webs Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, The Colossal Webs Company may, at its sole discretion, collect a deposit, in an amount determined by The Colossal Webs Company, against customer’s credit card on file with The Colossal Webs Company.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the The Colossal Webs Company Network. Violations of system or network security may result in civil or criminal liability. The Colossal Webs Company 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:

§ Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

§ Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

§ Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

§ Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

§ Taking any action in order to obtain services to which such User is not entitled.

1. Notification of Violation:

a. The Colossal Webs Company is under no duty to look at each customer’s or user’s activities to determine if a violation of the Acceptable Use Policy (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 The Colossal Webs Company determines to have violated any element of this Acceptable Use Policy (AUP), shall receive an email, warning them of the violation. The service may be subject at The Colossal Webs Company’s discretion to violation fee and/or a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

c. Second Violation: Users that The Colossal Webs Company 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, including any applicable violation fees.

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.

2. Suspension of Service or Cancellation: The Colossal Webs Company reserves the right to suspend network access to any customer if in the judgment of the Colossal Webs Company network administrators the customer’s server or account is the source or target of the violation of any of the other terms of the Acceptable Use Policy (AUP) or for any other reason which The Colossal Webs Company 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.

3. The Colossal Webs Company reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of The Colossal Webs Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

4. Indemnification: The Colossal Webs Company wishes to emphasize that in agreeing to the The Colossal Webs Company Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies The Colossal Webs Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to The Colossal Webs Company or the bringing of any claim against The Colossal Webs Company by any third-party. This means that if The Colossal Webs Company is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against The Colossal Webs Company, plus all costs and attorney’s fees.

5. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone 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 the Company. Company 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. The Colossal Webs Company takes no responsibility for any material input by others and not posted to the The Colossal Webs Company Network by The Colossal Webs Company. The Colossal Webs Company is not responsible for the content of any other websites linked to the The Colossal Webs Company Network; links are provided as Internet navigation tools only. The Colossal Webs Company 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. The Colossal Webs Company is not responsible for any damages your business may suffer. The Colossal Webs Company does not make implied or written warranties for any of our services. The Colossal Webs Company 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 The Colossal Webs Company.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts without permission. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

14. Responsibility for Content

a. The Colossal Webs Company does not backup customer Web server accounts by default. You, the Customer, are solely responsible for backing up your own Website and server space content, including any email accounts you have created. You may, at your discretion, subscribe to our optional server account backup services, for a fee.

b. You, as The Colossal Webs Company’s customer, are solely responsible for the content stored on and served by your Colossal Webs Company server or virtual account(s), including making backups of your Website content and email accounts using any method you may deem appropriate, as long such a method method does not violate our TOS and AUP.

c. The Colossal Webs Company is not responsible for any loss of data (Website content, emails, etc.) you may incur, including any data loss that is the results from your own negligence and/or failure to use any backup method you may deem appropriate and/or the tools available in your Server account control panel that allow for full or partial backups of your Web server account’s data.

d. Once a Web server account has been terminated as a result of cancellation of service by customer, TOS or AUP violation and/or failure to pay for the service, the contents of that account are automatically deleted from our servers.

e. Termination means that content from a terminated Web server account is deleted from our servers, lost for ever and therefore cannot be recovered, except where a customer paid for our optional backup services; in such a case, the most recent backup made prior to the termination of an account may be provided to the customer and/or restored for a fee that will be determined on a case by case basis, and only after the customer has paid any monies and overdue fees owed to the Colossal Webs Company.

f. Restoration of a terminated account from a backup incurs account restoration fees that are determined on a case by case basis as well as new setup and Web-hosting fees that correspond to the setup and hosting fee in effect at the time of restoration for the same plan under which the terminated account had been subscribed prior to termination.

The Colossal Webs Company reserves the right to revise, amend, or modify this TOS (Terms of Service) and our other policies and agreements at any time and in any manner. The Colossal Webs Company is under no obligation to notify customers of any change to its TOS and/or Acceptable Use Policy (AUP). It is the responsibility of each subscriber to visit this page at least every week for possible changes to the TOS and AUP. Not being aware or notified of any change cannot be used as an excuse. Each customer will have 15 days following any change to notify us of their intention to cancel service because of disagreement with changes to the present TOS and Acceptable Use Policy (AUP). All users of the Colossal Webs Company must abide by our Digital Millennium Copyright Act (DMCA) Guidelines.