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1. Account Setup
We will setup your account after we
have received payment and we and/or
our payment partner(s) have screened
the order(s) incase of fraud. It is
your responsibility to provide us with
an email address which is not @ the
domain(s) you are signing up under.
2. Content
All services provided by us may only
be used for lawful purposes. This includes,
but not limited to: copyrighted material,
material we judge to be threatening
or obscene, pornography. Examples
of unacceptable material:
- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and
"double optin" will be treated as spam.
Any user who sends out spam will have
their account terminated without notice.
We reserve the right to require
changes or disable as necessary any
web site, account, database, or other
component that does not comply with
this policy, at its sole discretion.
We also reserves the right to make any
such modifications in an emergency at
our sole discretion.
We reserve
the right to charge the holder of the
account used to send any unsolicited
e-mail a clean up fee. This cost of
the clean up fee is left entirely to
the discretion of Computeronlinecenter.com.
All rights reserved.
4. Payment Information
You agree to supply appropriate payment
for the services received from us, in
advance of the time period during which
such services are provided. You
agree that until and unless you notify
Computeronlinecenter.com of your desire
to cancel any or all services received,
those services will be billed on a recurring
basis. We reserve the right to change
the monthly payment amount and any other
charges at anytime.
5. Backups and Data Loss
Your use of the service is at your sole
risk. We are not responsible for files
and data residing on your account. You
agree to take full responsibility for
files and data transferred and to maintain
all appropriate backup of files and
data stored on our servers.
6. Cancellation and Refunds
We reserve the right to cancel the account
at any time. Customers may cancel at
any time. We give you an unconditional
30 day money back guarantee on managed
shared hosting, and reseller solution's.
Refund requests after 30 days
will be refunded on a prorated basis
of any unused time. Only first-time
accounts are eligible for a refund.
For example, if you've had an account
with us before, cancelled and signed
up again, you will not be eligible for
a refund or if you have opened a second
account with us.
7. Resource Usage
Users may not initiate the following:
- Use 25% or more of system resources
for longer then 90 seconds. There
are numerous activities that could
cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive
real-time chat applications that
require server resources. Remotely-hosted
services are fully allowed.
- Run stand-alone, unattended
server-side processes at any point
in time on the server. This includes
any and all daemons, such as IRCD.
- Run any software that interfaces
with an IRC (Internet Relay Chat)
network.
- Run any gaming servers such
as counter-strike, half-life, battlefield1492,
etc
8. Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending
on the hosting package you purchase.
Should your account pass the allocated
amount we reserve the right to suspend
the account until the start of the next
allocation, suspend the account until
more bandwidth is purchased at an additional
fee, suspend the account until you upgrade
to a higher level of package, terminate
the account and/or charge you an additional
fee for the overages. Unused transfer
in one month cannot be carried over
to the next month.
9. Money back Guarantee
On dedicated servers, and collocation
no full refund will be honored, the
30 day money back guarantee does not
apply. We reserve the right to refund
a prorated amount or no refund at all.
10. Price Change
The products and services offered or
referred to on Computer Online Center
are subject to availability. We reserve
the right to change prices listed on
our site, and the right to increase
the amount of resources given to plans
at any time.
11. Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless
from any and all demands, liabilities,
losses, costs and claims, including
reasonable attorney's fees asserted
against us, 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, its
agents, employees or assigns.
Customer agrees to defend, indemnify
and hold harmless any liabilities arising
out of:
- any injury to person or property
caused by any products sold or otherwise
distributed in connection with us;
- any material supplied by customer
infringing or allegedly infringing
on the proprietary rights of a third
party;
- copyright infringement and any
defective products sold to customers
from Computer Online Center's server.
12. Disclaimer
We will not be responsible for any damages
your business may suffer.
We make no warranties of any kind, expressed
or implied for services we provide.
We 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 us and our employees.
13. TERMINATION
Computer Online Center may at any time
and at its sole discretion terminate
your right to use this Site.
14. Reliance on information
This Site may include inaccuracies or
typographical errors that may be corrected
as they are discovered at Computer Online
Center's sole discretion.
15. Changes to Computer Online Center
Changes may be made at any time to the
information, names, text, software,
images, pictures, logos trade-marks,
products and services and any other
material displayed on, offered through
or contained on this Site.
16. Changes to terms and conditions
Computer Online Center may at any time,
and at its sole discretion, modify these
Terms and Conditions of Use, including
without limitation the Privacy Policy,
with or without notice. Such modifications
will be effective immediately upon posting.
You agree to review these Terms and
Condition of Use periodically and your
continued use of this Site following
such modifications will indicate your
acceptance of these modified Terms and
Conditions of Use. If you do not agree
to any modification of these Terms and
Conditions of Use, you must immediately
stop using this Site.
17. Privacy Policy
Computer Online Center's personal information
practices on this Site are governed
by Computer Online Center's
privacy statement.
Please review this privacy statement
and print a copy for your records. This
Site does not intend to target or collect
personal information from individuals
under the age of 13.
18. Your Obligations
In providing registration and transactional
information to Computer Online Center,
you agree to provide true, accurate,
current and correct information about
yourself, and to maintain and update
registration information to keep it
true, accurate, current and complete.
If Computer Online Center has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current or
incomplete, Computer Online Center has
the right to suspend or terminate your
account and refuse any and all current
or future use of the account.
In using this Site you agree that
you will not: (a) post, disseminate
or transmit unauthorized advertising,
promotional materials, chain letters,
junk mail or any other type of unsolicited
mass email to people or entities who
have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent
transmission information, including
headers, return mailing and Internet
protocol addresses, or otherwise manipulate
identifiers to disguise the origin of
any content; (c) impersonate any person
or entity, or falsely state or otherwise
misrepresent an affiliation with any
person or entity; (d) engage in any
activities intended to withhold or cloak
identity or contact information; (e)
send harassing and/or threatening messages
to others; (f) post excessive responses
to interactive features or functions
of this Site or (g) engage in 'flooding',
i.e., ICMP flooding and mail bombing
(sending large amounts of email repeatedly
to the same email address)
You agree that you are responsible
for your own communications and that
you will not post, disseminate or transmit
any content that: (a) is unlawful, harassing,
defamatory, abusive, threatening, obscene,
harmful, tortuous, libelous, or invasive
of another's privacy; (b) infringes
or violates any party's copyright, trademark,
trade secret, patent or other proprietary
right including, but not limited to,
using third-party copyrighted materials
without appropriate permission, using
third-party trademarks without appropriate
permission or attribution, and using
or distributing third-party information
protected as a trade secret in violation
of a duty of confidentiality; (c) you
do not have the right to disseminate
or transmit under law, or contractual
or fiduciary relationships; or (d) contains
personally identifiable information
belonging to minors.
To the extent that the following
activities are prohibited by applicable
law, in using this Site you will not:
(a) use the Site for any illegal purpose,
in violation of any applicable laws
or regulations; (b) publish web pages
that contain links that initiate downloads
of copyright-infringing or other illegal
material; (c) electronically stalk or
otherwise electronically harass another;
or (d) engage in any Internet activities
that would violate the personal privacy
rights of others, including but not
limited to, collecting and distributing
information about Internet users without
their permission, except as permitted
by applicable law.
To the extent that any of the following
activities materially interfere with
this Site or the network and systems
of a Computer Online Center service
provider ("Service"), you will not:
(a) post, disseminate or transmit any
worm, viruses or other harmful, disruptive
or destructive files, code or programs
on this Site; (b) use Internet Relay
Chat (IRC) bots, i.e., programs that
utilize excessive resources by connecting
to an IRC network and running 24 hours
per day; (c) hinder the ability of others
to use IRC; (d) disrupt the normal flow
on this Site or otherwise act in a manner
that negatively affects other users'
ability to engage in real time exchanges;
(e) interfere with, disrupt, or harm
in any way the servers or networks connected
to this Site or Service; (f) use this
Site or Service to access the accounts
of others without permission; (g) attempt
to penetrate security measures of this
Site, Service, or another entity, or
obtain or bypass others passwords; or
(h) engage in denial of service attacks,
i.e., actions designed to impair network
access by flooding a site or the Internet
with useless traffic.
19. Managing your password ad your account
You are solely responsible for managing
your password and for keeping your password
confidential. No one from Computer Online
Center will be authorized to provide
your password. If you have forgotten
your password, go to the Sign In link
at the top of the screen, then click
on "Forgot your password." Follow the
instructions, and a link to change your
password will be emailed to you. You
are also solely responsible for restricting
access to any computer you use to access
your Computer Online Center.com account
or your Computer Online Center ONLINE
membership. You agree that you are responsible
for all activities that occur on your
account or through use of your password
by yourself or by other persons.
20. DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE,
PRODUCTS, AND SERVICES OFFERED OR CONTAINED
HEREIN ARE PROVIDED ON AN "AS IS" BASIS
AND ON AN "AS AVAILABLE" BASIS. Computer
Online Center INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT
TO THIS SITE, ITS CONTENTS, OR SUCH
SOFTWARE PRODUCTS AND SERVICES, AND
DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES, INCLUDING, WITHOUT LIMITATION,
FOR EXAMPLE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
ERROR-FREE OR UNINTERRUPTED SERVICE,
ACCURACY AVAILABILITY, RELIABILITY,
SECURITY, CURRENCY AND COMPLETENESS
ARISING FROM OR RELATING TO THIS SITE,
ITS CONTENT OR ANY LINKS, ANY SOFTWARE,
TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED
THROUGH THIS SITE. IN ADDITION, Computer
Online Center DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THIS SITE IS ACCURATE, COMPLETE
OR CURRENT. PRICE AND AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE.
21. LIMITATION OF LIABILITY
IN NO EVENT SHALL Computer Online Center,
ITS AFFILIATES, Computer Online Center
FRANCHISEES AND ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS
OR OTHER REPRESENTATIVES BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR AGGRAVATED
DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY
AND THIRD PARTY CLAIMS) OR ANY OTHER
DAMAGES OF ANY KIND, ARISING OUT OF
OR IN CONNECTION WITH: THIS SITE; ANY
MATERIALS, INFORMATION, QUALIFICATION
AND RECOMMENDATIONS APPEARING ON THIS
SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS,
OR SERVICES OFFERED THROUGH, CONTAINED
IN OR ADVERTISED ON THIS SITE; ANY LINK
PROVIDED ON THIS SITE; AND YOUR ACCOUNT
AND PASSWORD, WHETHER OR NOT Computer
Online Center HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION
OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. THIS PROVISION
SHALL SURVIVE THE TERMINATION OF YOUR
RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE
THAT YOU WILL BE FULLY LIABLE FOR ALL
DAMAGES RESULTING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THIS SITE.
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