The use of services from Colosseum Online Inc. constitutes agreement to these terms. This policy represents the Colosseum Online Inc. Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Customers agree to when they sign-up for any Services with Colosseum Online Inc. Colosseum Online Inc. reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to Customers.
Customers using any Services offered by Colosseum Online Inc. consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Colosseum Online Inc., any violators of this TOS may have some or all of their Services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Colosseum Online Inc. providing the Services to You, You agree to the following terms of service.
* "Us, We, Our, Colosseum Online Inc." shall mean Colosseum Online Inc.
* "You, Your, Client, Customer, Member, Subscriber" shall mean each person or entity who applies for Service or is a designate of anyone who applies for Service.
* “Service” shall mean the services provided by Us to You.
The Services are provided on an "as is" basis, and use of the Services is at the Client's own risk. Colosseum Online Inc. makes no representations or warranties of any nature whatsoever, either express or implied, with respect to the Services, including without limitation, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither Colosseum Online Inc. nor any one else involved in the provision of Service is liable to You or any third-party for direct or indirect damages resulting from the use or non-use of Services provided herein, whether or not such damages resulted from the negligence of Colosseum Online Inc., even if Colosseum Online Inc. has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COLOSSEUM ONLINE INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE COLOSSEUM ONLINE INC.'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF COLOSSEUM ONLINE INC.'S SERVERS AND/OR NETWORK), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COLOSSEUM ONLINE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COLOSSEUM ONLINE INC.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Colosseum Online Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to Your use of the Services, Your violation of any of the provisions of this agreement, or from Your placement or transmission of any materials or content onto Colosseum Online Inc.'s servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to Your business,
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein;
(b) any damage or destruction to Colosseum Online Inc.'s equipment or to any other customer of Colosseum Online Inc., which damage is caused by or otherwise results from acts or omissions by You, Your representative(s) or Your designee(s);
(c) any personal injury or property damage arising out of Your activities related to the Services; and
(d) any other damage arising from Your equipment or Your business.
This TOS shall be governed by and construed in accordance with the domestic substantive laws of the Province of Ontario and the applicable federal laws of Canada without giving effect to any choice or conflict of laws provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction.
Headings are for convenience only and have shall have no bearing on the construction or interpretation of this TOS.
SERVICES PROVIDED BY COLOSSEUM ONLINE INC.
Customers subscribing to a Hosting Package also agree to additional terms which can be found in the Hosting Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/hostingagreement.php.
At a Customer's request, Colosseum Online Inc. may also acquire a domain name on behalf of a Customer. Colosseum Online Inc. will not own or otherwise control any domain name registered on Your behalf. Colosseum Online Inc. provides this Service as a convenience to You only and You hereby waive any and all claims which You may have, or which may later arise, against Colosseum Online Inc. for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Colosseum Online Inc. to obtain and/or maintain the domain name on Your behalf shall be charged to You by Colosseum Online Inc. under the provisions contained elsewhere herein. If you register or transfer a domain name through Colosseum Online Inc. then the terms of the Registration Agreement which may be found on the Colosseum Online Inc. website at http://www.colosseum.com/about/domainregistrationagreement.php are incorporated into this agreement as though they were fully set forth at length herein.
PRIVATE REGISTRATION SERVICE
Upon request, the Colosseum Online Inc. Member may elect to use Colosseum Online Inc.'s Private Registration Service. If so, You agree to be bound by the terms of the WHOIS PRIVACY SERVICE of the Registration Agreement which may be found on the Colosseum Online Inc. website at http://www.colosseum.com/about/domainregistrationagreement.php. The terms of the WHOIS PRIVACY SERVICE of the Registration Agreement are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain Your registration information in full compliance with this agreement and the terms of the WHOIS PRIVACY SERVICE of the Registration Agreement. Failure to so comply is cause for immediate suspension of all Colosseum Online Inc. Services.
Colosseum Online Inc. offers this Service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org & CIRA listed at www.cira.ca
Customers subscribing to CDN Services also agree to additional terms which can be found in the CDN Services Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/cdnservicesagreement.php.
CLOUD VPDC SERVICES
Customers subscribing to Cloud VPDC Services also agree to additional terms which can be found in the Cloud VPDC Services Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/cloudagreement.php.
Customers subscribing to Backup Services also agree to additional terms which can be found in the Backup Services Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/backupservicesagreement.php.
Colosseum Online Inc. offers other Services. The terms of these Services are governed by this agreement. The details of these Services are as indicated within the Colosseum Online Inc. website.
Colosseum Online Inc. has different refund policies for different services:
(a) For all Dial-up services, there are no refunds. All sales are final.
(b) For all HSA (non-PPPoE) DSL services, there are no refunds. All sales are final.
(c) For all monthly GAS (PPPoE) DSL services, there are no refunds. All sales are final.
(d) For all yearly GAS (PPPoE) DSL services, the Yearly DSL Plan Refund Policy for PPPoE DSL Plans found on the Colosseum Online Inc. website at http://www.colosseum.com/product_services/internet/adsl_yearly_refunds.php applies.
(e) For all hosting services, the refund policy found in the Hosting Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/hostingagreement.php applies.
(f) For all domain registrations, transfers, and renewals, the refund policy found in the Hosting Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/hostingagreement.php applies.
(g) For Backup Services, the refund policy found in the Backup Services Agreement on the Colosseum Online Inc. website at http://www.colosseum.com/about/backupservicesagreement.php applies.
(h) There are no refunds on setup fees for any services. All sales are final.
(i) For all other services not specified, there are no refunds. All sales are final.
(j) Customers must incur any fee in connection with the refund process, and Colosseum Online Inc. will refund the net amount. In particular:
if payment was made by credit card, Colosseum Online Inc. will subtract the fee in connection with crediting to the Customer's credit card (if there is any),
if payment was made by bank transfer, Colosseum Online Inc. will subtract fees required for the bank transfer,
if payment was made by PayPal, Colosseum Online Inc. will subtract the fee(s) in connection with crediting to the Customer (if there is any),
if payment was made by any other method, Colosseum Online Inc. will subtract any fee(s) associated with the transaction.
IP ADDRESS OWNERSHIP
During the course of providing Services to a Customer, Colosseum Online Inc. may assign a Customer an Internet Protocol address ("IP address"). The Customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Colosseum Online Inc. shall retain ownership of any IP address or addresses used by the Customer under this agreement, and that Colosseum Online Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Your rights under this agreement may be assigned only upon prior notice and express approval by Colosseum Online Inc. Any other attempted transfer or assignment of rights hereunder shall be null and void.
Colosseum Online Inc. may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Colosseum Online Inc. .
Colosseum Online Inc. may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Colosseum Online Inc. websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future Accounts. If any material modification to this agreement is unacceptable to the Customer it shall be Customer's responsibility to terminate his/her subscription. If the Customer does not terminate the agreement within 10 days of the material modification, then Customer's continued use will mean that Customer has accepted the amended or modified agreement and the agreement is in full force and effect.
If any term or provision of this agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the other terms or provisions hereof or the whole of this agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and the agreements of the parties.
In addition, Colosseum Online Inc. reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
UPDATED: November, 2010