Use of Shared UNIX cPanel Hosting Packages, Shared Windows Enkompass Hosting Packages, Domain Only + Email, and/or Domain Forwards/Redirects from Us (the "Services") constitutes agreement to these terms (the "Agreement") and to the Terms of Service published by Us from time to time, which together constitute the entire and only agreement between Us and You with respect to the Services and supersede all other communications and agreements with regard to the subject matter hereof.
1. Account Setup / Email on file
We will set up Your account after We have received payment and We and/or Our payment partner(s) have screened the order(s) in case of fraud. It is Your responsibility to provide Us with an email address which is not @ the domain(s) You are signing up under. If there is ever an abuse issue or We need to contact You, the primary email address on file will be used for this purpose. It is Your responsibility to ensure the email address on file is Your valid working email address and up to date at all times. If You have a domain name registered with Colosseum Online Inc., it is Your responsibility to ensure that the contact information for Your domain account and Your actual domain name(s) is correct and up-to-date. Colosseum Online Inc. is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If You need to verify or change this information, You should contact Us. Providing false contact information of any kind may result in the termination of Your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If You fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Colosseum Online Inc. will provide web hosting Services to its Members for the express purpose of allowing Customers to provide HTTP and/or HTTPS internet content to the general public. Web hosting service allows Colosseum Online Inc. Members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Colosseum Online Inc. agrees to provide these Services according to the plan selected by You upon activation of Your account. Colosseum Online Inc. reserves the right to change, amend, and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. The specifics of any particular offer are contained within the offer itself as published on the Colosseum Online Inc. website at the time You create Your account and remain in effect throughout the term of Your agreement.
Colosseum Online Inc. Members will use the provided Services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. Colosseum Online Inc. provides the Services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such Services. If any of the activities in section 2 of this agreement are committed, Colosseum Online Inc. may terminate a Client's account without notification.
2. Acceptable Use Policy
a) Client Content: The Client agrees that web pages and files uploaded to servers will not violate any provincial, federal, or foreign laws or regulations; infringe on any intellectual property rights of Colosseum Online Inc. or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or computer programming defects which result in damage to Colosseum Online Inc. or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, and software serial numbers. Colosseum Online Inc. will be the sole and final arbiter as to what constitutes a violation of this policy. Colosseum Online Inc. does not normally monitor the contents of Client's servers; however, if suspicion occurs, Colosseum Online Inc. reserves the right to investigate and terminate the Client's subscription to the Services.
b) Bandwidth Usage: Colosseum Online Inc. offers a generous amount of data transfer per month. Colosseum Online Inc. reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: CGI scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of Our servers. Colosseum Online Inc. will be the sole and final arbiter as to what constitutes a violation of this policy.
d) No "Spam": UCE/UBE or "spam" originating from a server located on Our network or associated with a Colosseum Online Inc. server is not tolerated. This includes any email that promotes websites hosted on a server located on the Colosseum Online Inc. network, but which is sent from an email address not associated with a Colosseum Online Inc. account. The Client shall not use his/her Colosseum Online Inc. Services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Colosseum Online Inc. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200.00 clean-up fee if an account was suspended for policy violation. In the event of a dispute Colosseum Online Inc. reserves the right to determine, in its sole and absolute discretion, whether email recipients were from an opt-in email list.
e) False Information: The Client agrees not to post false or inaccurate information to news groups in violation of the news group's rules and regulations. If any news group or service provider contacts Colosseum Online Inc. concerning unethical, false, or unlawful activities by You, Colosseum Online Inc. reserves the right to terminate Your Services without notice.
f) Licensed Software Only: The Client agrees to use only properly licensed third party software in connection with the Client's use of the Services.
g) Back-Up Files: Colosseum Online Inc. provides the tools needed to create back-ups of account data. It is the responsibility of the Customer to keep up-to-date archives of his/her backed up data. Colosseum Online Inc. currently does not utilize any back-up services and is not responsible for any lost data.
h) No Unauthorized Scripts or Executables: The Customer agrees not to run any scripts, executables, or other programs or processes on Colosseum Online Inc. servers or other equipment that will in any way adversely affect the performance of said equipment.
i) Violations of Intellectual Property Rights: The Customer agrees that it shall not violate any intellectual property rights and that it shall not resell Services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity is prohibited. Colosseum Online Inc. is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
j) Viruses and Other Destructive Activities: Use of the Services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment).
k) Malicious or Unauthorized Hacking: The Customer agrees not to conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of Customer is a material breach of this agreement.
l) Child Pornography: The use of the Services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Colosseum Online Inc. will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
m) Other Illegal Activities: The use of the Services to engage in any activities that are determined by Colosseum Online Inc. , in its sole and absolute discretion, to be illegal or which in Colosseum Online Inc.'s opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Colosseum Online Inc. will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
n) Obscene, Defamatory, Abusive or Threatening Language: Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.
o) Data Warehousing: The servers provided by Colosseum Online Inc. are intended for web services use only. Any use of Our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Colosseum Online Inc. servers are intended for web enabled services and hosting.
p) Prohibited Activities: The Client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications. The Client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
q) Other Prohibited Activities: Engaging in any activity that, in Colosseum Online Inc.'s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Colosseum Online Inc.'s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Colosseum Online Inc.'s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a Customer to cooperate with Colosseum Online Inc. in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the Client is a violation of this agreement.
r) Colosseum Online Inc. Services, including all related equipment, networks and network devices are provided only for authorized Customer use. Colosseum Online Inc. systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Colosseum Online Inc. system(s) constitutes consent to monitoring for these purposes.
3. Fees & Payments
a) Fees - Colosseum Online Inc. charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
b) Set-Up Fee – This is a one-time fee that may be charged in connection with the establishment of a new account.
c) Service Fee – This is the fee for Your monthly, 1-year, or 2-year web hosting Services.
d) Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
e) Other Service-Related Fees – These are fees for additional Services that You may choose to add to Your account.
f) Change of Plans: Colosseum Online Inc. also reserves the right to alter, change, amend, or delete fees at its sole discretion. Colosseum Online Inc. further reserves the right to institute new Services and charge fees in association with the provision of such new Services as it deems appropriate.
g) Colosseum Online Inc. reserves the right to offer promotional rates which may or may not be more favourable than the terms under which You entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. Colosseum Online Inc. also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
h) Payment of Fees - Colosseum Online Inc. accepts payment by credit card (Visa, MasterCard, Discover, American Express) through Internet Secure, and by PayPal.
i) Payment Obligations: Full payment is required in advance before hosting Service is established. Colosseum Online Inc. sends out invoices that are due every pay period. You are given thirty (30) days to fully pay the invoice. You warrant and represent that the information You supply in the order form (or other information that Colosseum Online Inc. may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, Your account will be suspended. To have Your account re-established, You will need to pay the monthly fees, plus a late fee of 2% of the late amount. There is a $25.00 fee for bounced cheques and a $25.00 processing fee for chargebacks.
j) Renewals: Your account will be automatically renewed under the same term and fee structure unless You give written notice to Colosseum Online Inc. thirty (30) days before the renewal date that You do not wish to renew or You wish to change to a different term at the then-current rates.
k) Cancellation & Refunds: Should You become unsatisfied with Our Services within the first 30 days of Your account activation, Colosseum Online Inc. will refund Your hosting fee subject to the money back guarantee terms listed in this agreement. If Your account had included any free domain registrations and/or domain transfers, You will be charged for the full regular price of the domain registrations and/or domain transfers and this amount will be deducted from Your refund. Refunds are not available for pre-paid accounts after the first 30 days of account activation. You may, however, cancel Your account at any time. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which You cancelled Your account. Accounts which have negative balances will be sent to collections and all Services will be terminated, including domain registrations. Refunds are never available for domain registrations and set-up fees.
4. 99.9% Service Level Agreement "SLA"
Colosseum Online Inc. offers its Clients a 99.9% network uptime guarantee for Customer satisfaction purposes and also to ensure that Your business is running problem-free. Colosseum Online Inc. will try to maintain maximum uptime. Colosseum Online Inc. is not responsible for any downtime caused by the Client.
5. SLA Remedy
For each cumulative hour of downtime or fraction thereof in any monthly service period, at Client's request Client's account shall be credited for the pro-rated charges for one day of the Colosseum Online Inc. monthly Fee for the service with respect to which the 99.9% network uptime guarantee has not been met, to a maximum of one month credit during any monthly service period.
6. 30-day Money Back Guarantee
Colosseum Online Inc. offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory Services. As a part of Our mission to achieve industry-leading customer satisfaction, the Customer will be refunded all hosting charges paid minus any set-up fees which are non-refundable. If Your account had included any free domain registrations and/or domain transfers, You will be charged for the full regular price of the domain registrations and/or domain transfers and this amount will be deducted from Your refund. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org.
7. Suspension and Termination
At the sole discretion of Colosseum Online Inc., for any reason set forth herein or in the event that You breach any term of this agreement including but not limited to payment of fees or any violation of section 2 of this agreement, Colosseum Online Inc. may suspend Your account by deactivating any access by You and/or by web users to any information contained on the Colosseum Online Inc. servers related to Your account. Suspension shall specifically include the disabling of Your hosted domain and/or any access to information or data related to Your account. In the event of any such suspension, Colosseum Online Inc. may attempt to notify you by sending an e-mail to Your primary e-mail address or optionally by other means. At the option of Colosseum Online Inc., You may be given an opportunity to correct such breach or violation. Upon notifification being sent of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of Your information from the Colosseum Online Inc. servers. Such information or data may or may not be made available to You by Colosseum Online Inc. after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Colosseum Online Inc. In the event of termination, there will be no refund provided to You.
UPDATED: November, 2010