1. Disclosure:
The Accetable Use Policy 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. In addition carobdcodes shall have the right to terminate all services set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. The amount subscriber pays for hosting will never increase from the date of purchase. However, subscriber is aware that the Company may change the specified rates, plans and resources from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Account Setup
We will setup your account on receipt of the first payment due and after we have and/or our payment partner(s) have screened the order(s). You must provide us with an email address that is unrelated to the domain which you are signing up under, so that we may contact you in cases of an abuse issue. It is your responsibility to ensure that your email address on file is current and up to date at all times. Providing false contact information of any kind may result in the termination of your account. Certain orders might require you to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet a request for these, the order may be deemed fraudulent and may be denied.
4. Payments and Fees:
Establishment of this service is dependent upon receipt by the Company of payment of the stated charges. Subsequent payments are due on the anniversary date of the month for that month´s service. Subscriber agrees that The Company automatically charges Subscriber`s credit card every month. carobdcodes reserves the right to process Subscriber’s credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date. All services will be interrupted on accounts that remain unpaid 4 days past the due date, except Dedicated Server. The non-payment on Dedicated Server may result in immediate service interruption or termination. Service interrupted for non-payment is subject to a $25 reconnection charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by carobdcodes may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the carobdcodes a “Processing and Collection” Fee of not less than $50 and not more than $150. If you wish to cancel your account, please follow the proper procedures as outlined in this TOS. Servers that are terminated for non payment will be considered abandoned and forfeited.
5. 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.
6. Account Cancellation:
All requests for cancellation of accounts must be made from ( https://www.carobdcodes.com ) with at least 5 days notice before payment is due. You must include all account information to cancel.
7. Outstanding Account Balance:
All outstanding invoices on the account must be paid before any cancellation request is processed.
8. Refunds and Disputes:
All payments to carobdcodes are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the problem occurred. If you dispute a charge to your credit card issuer that, in carobdcodes sole discretion is a valid charge under the provisions of the TOS and /or Accetable Use Policy, you agree to pay carobdcodes an “Administrative Fee” of not less than $50 and not more than $150.
9. Uptime Guarantee:
carobdcodes may refund one month of credit to your account if your shared/reseller server experiences a physical downtime that is not within the 99.9% uptime. This credit is offered at the discretion of carobdcodes and depends on the evidence provided. Third party monitoring service reports are not deemed to offer sufficient justification for refund: this is due to a variety of factors including the monitor’s network capacity/transit availability. Please note that the uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server: this may differ from the uptime reported by other third party monitors. To request a credit, please contact [email protected] with justification. All requests must be made via email. Uptime guarantees only apply to shared/reseller servers. Dedicated servers are covered by a network guarantee in which the credit is calculated prorata for the amount of time the server is down. This is not related to our uptime guarantee.
10. Subscriber acknowledges:
that the service provided is of such a nature that it can be interrupted for many reasons. Therefore, Subscriber agrees that the company shall not be liable for any damages. In no event shall carobdcodes be liable for any special or consequential damages, loss or injury.
11. Invoicing:
The Company automatically sends out invoices 9 days before the date on which payment becomes due. Invoices are sent to your email address. They can also be viewed by logging on to https://www.carobdcodes.com
12. Support Boundaries:
carobdcodes provides 24 x 7 technical support to our Subscribers (except for a few holidays and short company meetings when we close our center.) carobdcodes only ensures that the server is online and is remotely accessible. carobdcodes does not offer tech support for application specific issues such as cgi programming, html or any other such issue. carobdcodes does not provide technical support for YOUR customers. If a Subscriber’s client contacts us, we reserve the right to place the customer’s account on hold until Subscriber assumes their responsibility for their client. For security purposes, all support requests must be made by the Subscriber on their Users/Customers’ behalf. Subscribers are also responsible for all content stored or transmitted under their account and for the actions of their Users/Customers. Subscribers will be held responsible for any actions made by their Users/Customers that violate the law or the terms of service.
13. Bandwidth Usage
Subscribers may not exceed the allocated monthly bandwidth allowance which varies according to the hosting package purchased. carobdcodes reserves the right, in our sole discretion, to discontinue service to any Subscriber with a website or other hosted data that exceeds the allocated monthly usage limit. This means that we reserve the right to take your site offline if necessary, pending the purchase of more bandwidth or an upgraded hosting package. carobdcodes will attempt to issue you with a warning before taking your site offline, but is under no obligation to do so. Unused bandwidth cannot be carried over to the next month
IMPORTANT NOTICE:
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 server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Any site found to host or promote child pornography or linking to child pornography will be terminated immediately without notice and all Subscriber information including assigned IP numbers, account history, account use etc will be reported to law enforcement authorities. In addition carobdcodes shall have the right to terminate all services set forth in this Agreement.
14. Notification of Violation:
carobdcodes is under no duty to look at each Subscriber´s or User´s activities to determine if a violation of the Accetable Use Policy has occurred, nor do we assume any responsibility through our Accetable Use Policy to monitor or police Internet-related activities.
First violation: Any Subscriber, whom carobdcodes determines to have violated any element of this Acceptable Use Policy, shall receive an email warning them of the violation. The service may be subject at carobdcodes´s discretion to a temporary suspension pending a Subscriber´s agreement, in writing, to refrain from any further violations.
Second Violation: Subscribers that carobdcodes 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.
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.
15. Suspension of Service or Cancellation:
carobdcodes reserves the right to suspend network access to any Subscriber if in the judgment of the carobdcodes network administrators the Subscriber´s server is the source or target of the violation of any of the other terms of the Accetable Use Policy or for any other reason which carobdcodes identifies. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Subscriber will not be credited for the time the machines were suspended.
16. carobdcodes reserves the right to amend its policies at any time and without notice:
All Sub-Networks, resellers and managed / unmanaged servers of carobdcodes must adhere to the above policies. Failure to follow any terms or conditions will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the manner described in these Terms and Conditions. Therefore, it is in your best interests to implement a similar or stricter Terms and Conditions or Acceptable Terms of Use policy.
17. Indemnification:
carobdcodes wishes to emphasize that in agreeing to the carobdcodes Acceptable Use Policy (Accetable Use Policy) and Terms of Service (TOS), Subscriber indemnifies carobdcodes for any violation of the Acceptable Use Policy (Accetable Use Policy) and Terms of Service (TOS) that results in loss to carobdcodes or the bringing of any claim against carobdcodes by any third party. This means that if carobdcodes is sued because of a Subscriber´s or a customer of a Subscriber´s activity, the Subscriber will pay any damages awarded against carobdcodes, plus all costs and attorney´s fees.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Subscriber agrees that carobdcodes.net shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
18. Miscellaneous Provisions:
You must provide us with and keep current contact information. E-Mail, fax and telephone contacts are used in that order of preference.
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.
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.
carobdcodes takes no responsibility for any material input by others and not posted to the carobdcodes Network by carobdcodes. carobdcodes is not responsible for the content of any other websites linked to the carobdcodes Network; links are provided as Internet navigation tools only. carobdcodes 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.
carobdcodes is not responsible for any damages your business may suffer. carobdcodes does not make implied or written warranties for any of our services. carobdcodes denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, hardware failures, non-deliveries, wrong delivery, and any and all service interruptions caused by carobdcodes.
19. Responsibility for Content:
You, as carobdcodes Subscriber, are solely responsible for the content stored on and served by your carobdcodes server.
carobdcodes reserves the right to refuse service.