GENERAL TERMS OF SERVICE (TOS)
The General Terms Of Service (also "General Terms And Conditions", "Conditions For Use Of Services", "Terms of Service", "Terms" or TOS) are part of the Service Agreement (Service Level Agreement) and the guarantee of the delivery of services (SLA) and regulate relations between Host Color LLC and the clients and using the services. As an HostColor.com customer, you agree to abide by the "terms", together with other parts of the Agreement.
1. GENERAL TERMS AND CONDITIONS (Apply to all services)
HostColor.com provides hosting services in three data storage centers - in South Bend, Indiana, United States and Sofia, Bulgaria. Each of our clients who choose to keep websites, computing instances or any other form of data in a Host Color LLC data center accepts that it must comply with the national standards and legislation associated with the use of web content in that country. Host Color provides advice to its clients when sending a request to hosting services and limits their use, but assumes no obligation to automatically inform them about what type of content is acceptable or unacceptable in that country.
Host Color will create and activate your hosting account after receiving payment for the commissioned service and upon approval by our technical team. Service classes requesting "Cloud Servers", "Virtual Servers" and "Leased servers" must fill out a Service Order and/or sign a contract with Host Color LLC, where one is required. Installation fees required for specific services are nonrefundable. Amounts that the customer has paid for the use of hosting services are subject to financial guarantees as follows:
a) Web (Website) Hosting - 30-day money back guarantee
b) Fully Managed Shared Hosting (FMSA) - 30-day for hosting fee. Managed fee is non-refundable
c) Reseller Accounts - 15 - 30 days money back guarantee
d) Virtual Private Servers - 15-day money back guarantee
e) Dedicated Servers (Server Bargains) - no money back guarantee, if not expressly entered into a contract
f) Colocation Hosting - no money back guarantee
g) Cloud Servers - 5 days money back guarantee
Correspondence between Host Color LLC and the client should be done in Account Management Zone (Customer Service Center) located at web address https://accounts.hostcolor.com or by electronic mail (E-Mail). Service by telephone or any other means of communication programs such as messaging and internet telephone is a secondary channel for communication for the client and is intended to improve convenience and service. These aforementioned channels are not considered official in terms of communication between you and Host Color LLC. Using one of these channels for the award of work, communication of technical problems or to send messages is not evidence of communication between the client and Host Color LLC. and cannot serve as evidence in disputes relating to service quality or performance standards and guarantees as stated in the present conditions and in this Agreement.
When using credit card, debit cards, PayPal and other payment instruments in real time, the customer is responsible for the accuracy of information being supplied. In the event of delay in processing of the order and the payment data's correctness is still your responsibility. In order to insure reliability of payment customer service operators may ask for copies of identification papers , or other evidence that proves that you are the card owner. You are not obligated to provide any personal information, but if an employee of Host Color LLC cannot identify you, we may cancel your order.
Upon request by you, team Host Color LLC can transfer your website to our servers as a courtesy to our new customers However, in order to achieve a high-quality of service; we expect full cooperation on your end with the transfer. If problems of any nature occur, Host Color LLC is not responsible for your information.
When you take advantage of this type of service you acknowledge that the different platforms and web hosting providers often use have varied technology standards, settings and hosting environments. Therefore, in order to better serve you in the process of moving your website team Host Color requests that you begin the transfer of information at least 30 days before the expiration of your domain name and at least 30 days before the service to use with another provider is expired.
Host Color LLC is a business-class hosting provider suitable for IT hosting quality web sites and projects that have clear development plan. All services that we create and provide to our clients must be used for legitimate activities only. As a customer you agree that Host Color LLC (DBA: Host Color) is not responsible for the content of your web site and that Host Color LLC will not have claims brought up against the company as a result of the way you use the service provided.
Below you see examples (that include but are not limited) of websites, activities and prohibited content on Host Color's service class "Web Hosting" (Shared Hosting) and "Reseller Hosting":
* Topsites and top site lists software for indexing
* IRC bots and programs (Scripts/Bots)
* Proxy Agenda and anonymity (Scripts Anonymizers)
* Warez pirate software and content
* Programs such as Photo Hosting at Photobucket and class Tinypic
* Programs and autosurf Web sites and generate traffic (AutoSurf / PTC / PTS / PPC)
* Websites and programs to scan IP addresses and information
* Bruteforce programs and tools
* Program to send mass e-mail or SPAM
* Programs and Systems for rotation of banners, with the exception of those included on the services
* Programs Dump file or create mirror images of sites (Mirror Scripts like rapidshare)
* Commercial software programs and for transfer of audio files (audio Streaming)
* Brokerage, bank or financial data
* Web sites with investment information
* Programs and applications requiring large amount of CPU time and resources
* Websites connected to lottery and/or gambling
* Basic bank programs
* Sites and pages with content relating to appeals or racial slures, intolerance, sexism and aggression
* Hacker sites or sites with tips for overcoming the copyrights or to remove them
* Web sites that promote illegal activities
* Forums or social networks, which serve as distribution of warez, pirated or illegal content
* Sites that serve to defraud lift personal data and preparing or conducting falsifications
The following types of websites, content and data - Topsites and top site lists software for indexing; Proxy Agenda and anonymity (Scripts Anonymizers); Programs such as Photo Hosting at Photobucket and class Tinypic; Programs and autosurf Web sites and generate traffic (AutoSurf / PTC / PTS / PPC); Programs and Systems for rotation of banners, with the exception of those included on the services; Programs Dump file or create mirror images of sites (Mirror Scripts like rapidshare); Commercial software programs and for transfer of audio files (audio Streaming); Brokerage, bank or financial data; Web sites with investment information; Programs and applications requiring large amount of CPU time and resources; Websites connected to lottery and/or gambling; Basic bank programs - are allowed on Virtual Machines and Virtual Servers, Cloud Servers, Dedicated servers and Colocation accounts.
When we use the words "web address", "domain", "internet name", "web name", "name", "domain" or "domain name" in this section of the "Conditions" means each "domain name" (Domain Name).
All domains registered by Host Color for customers entering the Whois database with names and contacts of their owner. Placing of correct data - name, address, telephone, etc. - In the fields for contacts in the registration of web addresses is required. Putting inaccurate or false information is basis for HostColor.com to suspend services.
Each domain that you register may be placed on status "Confidential" (Whois Privacy Shield), which allows you to hide your domain contacts and personal data from the internet audience. In the case of legal situations Host Color will disclose to the appropriate authorities, only those who have the right to obtain such information about the owner of the domain.
As a customer, you agree that the fees that you pay for domain registration cannot be recovered from Host Color if your domain is already registered. Registration of web address (domain) is entirely at your own expense, and once registered name cannot be changed. The domain is your property and Host Color is not liable for any error in registration; you must pay the registration fee for new domain if you want the web address to be changed.
The domain is your property until the expiration of its registration. As an owner you wear full responsibility for the renewal of the web address and release of Host Color of any liability to retain, pay, or care for your domain if it has not been paid within seven (7) days before its expiration date.
Each of the web addresses (domain) a customer registers is governed by certain rules which are determined by the owner and the principal register in the area. Upon registration of a domain you agree to the overriding conditions of ICANN and other regional, and national registers. Any violation of any of them can lead to loss of ownership of your domain.
As the owner of the web address you are responsible for its renewal. If the date for the continuation of ownership of a domain is missed, HostColor.com will examine options for returning your property on the domain, but this is not a commitment that will restore your rights to the corresponding name. Upon recovery of the domain (General TLD - COM, NET, ORG, BIZ, INFO, EU, WS, etc.), whose subscription has expired, the customer must pay a redemption fee between $30 and $150. This fee is required under the rules of ICANN and domain registration partners of Host Color LLC. If Host Color can restore the ownership on an already expired domain without paying this fee, you also are exempt from this fee.
If you want to transfer your domain from one register to another, including to the system of Host Color or beyond, you are required to make a request at least 21 days before the expiration date of web addresses. Failure to comply with this condition could pose a possible risk to your transferred domain, and thus gives Host Color the automatic right to refuse implementation. When transferring a domain the customer is required to pay all charges which stem from the move in or out of the Host Color LLC.
3. WEB HOSTING (WEBSITE HOSTING)
All website hosting services of Host Color meet the highest Linux-based hosting standards of quality in the hosting industry and are produced by software owned by Host Color LLC.
Using Website Hosting (Shared Hosting) accounts for the storage of backup data (backup/storage) is not allowed except in the case for using the control panel of your hosting account or FTP client to create an external copy of your data and information.
Host Color LLC shall make weekly copies of the information and websites if utilizing the class of Website Hosting services.
Web sites that use more than 10 GB disk space will be removed from the arrays with back up copies of the information. If you have one web site, we recommend a volume reduction and to use a virtual server or to take care to have a backup copy of your information. Despite these restrictions, Host Color LLC will continue to store backup copies of the database of such web sites.
All Fully Managed Shared Hosting Accounts (FMSA) are hosted in standardized Linux CentOS based virtual hosting environments and share the resources of the underlying physical of virtual server. No technical exceptions apply to the resource usage of FMSA accounts, unless otherwise is specified in an Online Service Order or in a support ticket.
All fees paid for a Fully Managed Shared Hosting Accounts (FMSA or Managed Service) are non-refundable, except the fees for the remaining 11 service months for FMSA accounts, without registered violations of TOS and AUP, which are eligible for refund in accordance with Host Color's 30-day Money Back Guarantee policy. A Customer who has signed up for an annual Managed service (FMSA) on a Shared Account is eligible for refund of the outstanding eleven (11) FMSA fees, if a proper "Request for Cancelation" has been submitted from the Account Management Zone at Accounts.HostColor.com, within 30 days after the sign up date. If such request is submitted in accordance with the procedures described in the Legal section and in the Knowledgeable section of Accounts.HostColor.com, the Customer will receive a full refund for fees paid for all Unmanaged web hosting services plus refund for all unused FMSA service months. The prepaid annual FMSA services are non-refundable outside the 30-day Money Back Guarantee policy. Host Color assumes and Customer acknowledges that if a FMSA service has been purchased on annual basis, on 12-month prepayment, the Customer had an intension to used it for a 12-month period and wanted to take advantage of the discounted price of the service.
4. VPS (VIRTUAL PRIVATE SERVERS)
Host Color LLC uses OS virtualization and full virtualization technology to create virtual servers and provide this service to their customers. All software products are ours and our partners, such as Parallels. You may not alter or attempt to change system settings on the software products or rights of use and intellectual property on them.
All virtual servers and VPS hosting services produced by Host Color LLC (HostColor.com) are available to our customers without service management (Unmanaged). The client is obliged to manage the virtual server and should not expect Host Color LLC to work on a VPS hosting account. This part of the conditions for use is for the protection and the information and to ensure the quality of services that a customer uses. Any attempt to breach is grounds for termination of service.
Every customer of Host Color LLC, who wants to use management services from Host Color's administrators on a virtual server must send a request in the Account Zone and to buy a subscription services named "FM VPS". It costs $49.95 per month and includes up to four (4) hours of system administration work of the virtual machine.
Host Color LLC creates and registers your virtual servers for a period of 1 to 24 hours after receipt of payment and activation of your VPS hosting account. You agree to cooperate with any delay in your order due to the workload of our staff and the fact that other customers have ordered our company services and products that require work on our team put into service. Time required for installation and commissioning is different than in the burden of the workload of team Host Color LLC. Standard time to prepare for use of the service is 2 hours.
All conditions for the use of virtual servers of Host Color LLC are subject to the General Service Agreement, including "limits the use of the service". Any violation of this Agreement entitles Host Color LLC to terminate the service.
Host Color LLC may provide customers with virtual servers on a free license of its own proprietary control panel for managing web servers in an attempt to reduce the costs of managing their VPS hosting accounts. Host Color owns the copyright on this software. Attempts to modify its functionality, for violation of its integrity and functionality are in breach of the Agreement and an offense under copyright law.
5. DEDICATED SERVERS (Dedicated Hosting)
5.1 Host Color LLC provides Dedicated Server Hosting And Services to customers from own Colocation Data Centers in the U.S. and Europe and from third party data centers, where the company has presence as tenant. These Dedicated Server Hosting Terms and Conditions (DSHTC), also called Dedicated Hosting Terms and Conditions or Dedicated Hosting Agreement, are designed to regulate the process of designing and providing the highest level of service available for Dedicated Server Hosting And Services delivered from Host Color's own data centers. If Customer has opted for Dedicated Server Hosting And Services delivered from 3rd party facilities, other terms may apply in addition to this Dedicated Hosting Agreement.
5.2 Special Dedicated Server Hosting Terms And Conditions apply to all Host Color's Dedicated Server Hosting And Services. We strongly encourage Customers to make themselves known with Host Color's Dedicated Server Hosting Terms And Conditions.
5.3 Should Customer has any questions, concerns, special requests or if one needs a separate Dedicated Hosting Agreement to be signed, one may contact Host Color to discuss a contract on Dedicated Server Hosting And Services and the Dedicated Hosting Agreement.
6. COLOCATION (Colocation Services)
6.1 Host Color LLC provides Leased IT Colocation Space And Services (Colocation Services) to customers from own Colocation Data Centers in the U.S. and Europe and from third party data centers, where the company has presence as tenant.
6.2 All Colocation Services of Host Color are delivered on one (1) year contracts, unless other has been promised in written communication to customer and or the Customer has been granted any shorter contract term through a Service Order signed by Host Color's representative
6.3 Special Colocation Terms and Conditions (CTC) apply to all Host Color's Leased IT Colocation Space And Services ("Colocation Services"). We strongly encourage Customers to make themselves known with Host Color's Colocation Agreement.
6.4 Should a Colocation Customer has any questions or requests or if one needs any specific clauses or amendments in the Colocation Agreement, the Customer may contacts Host Color LLC to discuss a contract on Leased IT Colocation Space And Services and the Agreement that applies to them.
6.5 Upon Agreement of a Service Order, Host Color shall provide Leased IT Colocation Space And Services to Customer as stated in the Colocation Terms and Conditions (Colocation Agreement).
6.6 A Host Color's Colocation Customer, its customers and representatives registered in the customer's Account are: a) Granted restricted access to Host Color data center and infrastructure upon request (requires approval); b) Use of the online services through Accounts.HostColor.com; c) Management services that Host Color provides to Colocation customers.
6.7 If a Colocation Customer wants to authorize any individuals, who are not registered in the Accounts.HostColor.com system, to access the Customer's equipment, one needs to fill in a "Data Center Access Registration" (DCAR) form. Customer and its representatives and individuals specified in a DCAR form shall not allow any unauthorized persons to enter the data center. The Customer, its representatives and individuals specified in a DCAR form, are granted access only to this part of the data center, room and cage, where the Customer's equipment is collocated.
The Customer, its representatives and individuals authorized an access to the equipment though a DCAR form, agree to abide by all security and safety measures and procedures established by Host Color. They shall not do or participate in any of the following:
Host Color's accepts only equipment from customers which meet certain requirements. All outside servers used must be adapted for insertion into a rack (cabinet) and must have their own strips. Moreover, outside servers must be in a box adaptable for placement in a server box (rack mountable).
6.8 All equipment and appliances installed must be clearly labeled with a label approved by Host Color through Account Management system. Each communication cable to and from any server, networking device or appliance must be labeled with an label, a Customer's name, or code name approved b Host Color at the both end points of the connection. The Customer's equipment must be configured and operated, during the whole colocation term, in compliance with the manufacturer's specifications and requirements for power use, consumption, management and clearance requirements. Customer must provide Host Color with 24 prior notice, any time if one intends to connect or disconnect any equipment and 72 hours prior notice any time one intends to install new or remove existing equipment.
6.9 Host Color customers of Leased IT Colocation Space And Services are encouraged to provide spare parts (power supply, hard drives, etc.) that can be used for replacement in the event that a component of the customer owned server stops working.
6.10 Host Color needs to conduct routine scheduled maintenance of its infrastructure, network and data centers facilities. In case of a mission critical situation, Host Color may need to perform an emergency maintenance. During any such scheduled and/or emergency maintenance periods, the Customer's equipment may be unable to transmit and receive data and Customer may be not be able to access the equipment. In such situations, in accordance with these Terms of Services, the Customer agrees to assist Host Color if necessary and to cooperate with Host Color during any scheduled or emergency maintenance periods.
6.11 The Customer accepts that Host Color has no control whatsoever over the data and information hosted or passed through the Customer's equipment, websites and hosted applications. It is the sole responsibility of the Customer to ensure that the data hosted or transmitted complies with all applicable laws and regulations and these Terms of Service.
The Customer shall not permit any of its employees, representatives, individuals specified in a DCAR form, 3rd party contractors, users, its own customers or third parties to:
6.12 Host Color reserves the right to suspend and/or terminate the Leased IT Colocation Space And Services partially or in full at any time if there is a material failure of Customer, its representatives and individuals specified in a DCAR form or Users to comply with these Terms of Service.
7. CLOUD ACCOUNTS
Cloud account owners, agree that maintaining copies of their data is not part of the Service Level Agreement (SLA) and these Terms of Service (TOS) and of the service provided by Host Color's Cloud infrastructure, Shared Cloud accounts, Cloud VPS and Cloud Servers, unless this is expressly written into the contract. If the customer does not explicitly record said specification into a contract clause that Host Color LLS is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the customer has no explicit clause for Host Color to provide a copy of the information, Host Color LLC will not be liable for any damages that the client suffers as a result of loss of information.
8. WEBSITE SERVICES
SSL certificates (SSL certificates): Host Color LLC offers its customers the opportunity to use 28/1024 bit SSL certificates. The client pays in full in advance for the wanted certificate. All paid fees for the use of SSL certificates are final and not refundable.
Static IP (Dedicated IP address): A Dedicated IP addresses can be provided the client if deemed necessary. These fees are non-refundable even if the client declines the use of the service.
Domains (Domain names): The customer is responsible for his chosen domain name and the correctness of the symbols within it. Paying for the domain registration fee is non-refundable even if the client wants to withdraw from the service used. When registering a domain, the client remains the owner for the period in which it is registered and paid.
SEO Plan (Website Optimization): This service includes reviewing the content of Web pages and the website code and a written report providing recommendations on improving the optimization of the customer's website. The service does not include coding work on the website of the customer.
9. INTERNET ACCESS AND IP SERVICE
The Internet Access and IP Service (also "Service") is regulated by Network Services Service Agreement (NSSA). NSSA applies when a customer signs: a) Order Form; b) Terms, as defined in a document customer receives with NSSA, which have to be signed by the Customer with the Network Services Service Agreement (NSSA).
Pursuant to the NSSA, Host Color provides Internet Access and IP Service to Customer for service charges. Customer's signature on the Order Form or use of the Internet Access and IP Service or Host Color Network constitutes one's acknowledgement and agreement to be bound by the NSSA.
Each Initial Term of the Internet Access and IP Service is indicated on the applicable Order Form. Customer will be deemed to have accepted the Service as of the Service Date. At the end of the Initial Term, the NSSA will renew for successive Renewal Terms equal in length to the Initial Term unless and until terminated as provided herein.
Internet Access and IP Service charges are on the Order Form and do not include applicable Taxes unless so indicated. New Internet Access and IP Service or upgrades/relocations will result in additional fees/charges. If a prior Internet Access and IP Service location remains installed after a new Service location is installed, Customer will be responsible for Service charges for both Service locations until terminated as provided for each Service.
Invoices are sent monthly in advance. Customer agrees to pay all charges and applicable taxes for the Service upon receipt of the invoice without counterclaim, set-off or deduction. A late charge shall be added to Customer's past due balance of the lesser of 1.5% per month or the maximum legal rate. Host Color may change the specifications, Terms or charges for the Service for any upcoming Renewal Term by providing Customer at least sixty (60) days advance written notice. Customer agrees that its obligation to pay service charges and Taxes under this NSSA shall survive the termination of the NSSA.
If Host Color fails to provide the Internet Access and IP Service, the Customer is eligible to get a pro-rata refund based on "1 hour = 1 day" formula for any period of time in which the Internet Access and IP Service was not provided. The Customer is not eligible for a refund if the uplink or the Service chosen by the Customer is down due to a scheduled maintenance, for contracts in which the Customer has specifically opted in to use an Internet Access and IP Service from a specific uplink or IP bandwidth carrier and decided not to use a redundant Internet Access and IP Service.
Customers claiming tax exemption must provide Host Color with a properly executed exemption form. Termination, Restriction or Suspension of the Internet Access and IP Service is specified in the Network Services Service Agreement (NSSA).
You agree to make a payment for the Host Color's services, in advance of the time period during which they are provided. You understand and agree that until and unless you submit a cancelation request (Subject to Terms and Conditions) to Host Color LLC through your Account Management Zone, in which you state that you desire to cancel any or all services received, those services will be billed on a recurring basis. Please note that this includes the billing periods in which these services might be suspended for any violations of these Terms of Services.
All cancellations must be submitted through Account Management Zone from button "Request Cancelation", which can be found at "Client Area > My Products & Services > Product Details" for any particular service, at least 5 (five) days prior to the new billing date. Once we receive your request for cancellation and have confirmed all necessary information with you via e-mail if necessary, we will process your request (Subject to the Terms and Conditions) or will open support ticket if we need any additional information or have to get any approval from you.
A Host Color LLC Sales or Customer Support operator shall confirm your request (and process the cancellation). If you do not hear back from us, or do not receive the automatic confirmation email, after submitting your cancellation, please contact us at 1-574-367-2393.
We require that any cancellation of service or product to be done through your Account Zone in order to a) confirm your identity, b) confirm in writing that you are prepared for all files, e-mail account and any other information to be removed from our servers.
Should you have initiated a chargeback agains Host Color and violated our Terms of Service all hosting services and products of yours might be suspended, until the chargeback is resolved/canceled. Should you have initiated a chargeback agains Host Color, you agree to pay a penalty fee of $150 for each reversed payment amount.
As a customer of Host Color, your solely responsible to keep your payment information up to date, and that all invoices are paid on time. You agree that until and unless you notify Host Color LLC of your desire to cancel any or all services received (as the procedure is explained in the TOS), those services should be billed on a recurring basis, in accordance with the Service Order, unless otherwise stated in writing in our Terms of Service and Terms and Conditions that apply to any specific products and services. Host Color LLC reserves the right to bill your credit card or payment information on file in its system. We provide 7 days grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and are not paid will result in a late payment fee of 2.25% and/or an account suspension applies to the invoice. It must be paid in full as a part of the outstanding balance.
The late payment fee is aded on the expiry date of the service or product. Please note that no discounts are available for services or products that have not been renewed prior to the expiration date.
Any customer may cancel a service 5 (five) days before the start of the new service period, via a "Request Cancelation" button, which can be found in the product or service page in their Account Zone. Host Color guarantees guarantees 30 days money back guarantee on Shared Hosting, and Reseller accounts, paid on annual basis. 7 days money back guarantee applies to Reseller accounts paid on monthly, quarterly or semi-annual basis. Cancellations requested submitted for Shared or Reseller Hosting services after the initial 30 days will not be granted renewal.
Any customer who has missed to submit cancelation request ("Request Cancelation") for a Shared Hosting or Reseller Hosting service through Accounts.HostColor.com, five (5) days prior to start of the new service month or prior to the expiration date, and has been charged is eligible to get a partial, pro-rata refund for the unused service months. A $10 (10 US dollars) "Cancelation Fee" applies to the account! If the customer has requested a refund within 30 days after the payment has been made (after the renewal date), one has to pay 1/12 of the of the annual price of the Shared Account plus "Cancelation Fee".
Any products or services for which Host Color did not receive cancelation request made from customer's Account Management Zone at Accounts.HostColor.com, through button "Request Cancelation" must be paid by customer and any unpaid invoice will be due. Unpaid invoices for more than 30 days after the due date will be sent to our Collection department and to a debt collection agency and will be reported to all credit bureaus.
11. LIMITATION OF USE OF SERVICES
"Limits of use of services" are an integral part of the Agreement (SLA). The customer agrees to them by submitting a commission of service (Service Order) on Host Color web site and is aware that violation of the rules means that the service they use will be terminated in accordance with the Agreement. Printed as "Limits" or "Rules", these terms have the same meaning as "limits of use of services.
All inquiries relating to the policy of Host Color terms of norms can be sent to our e-mail via the contact form and Account Zone.
A customer may not use the network of HostColor.com or of our suppliers and partners to participate, encourage or promote illegal, fraudulent activities or to demonstrate irresponsible behavior. This includes but is not limited to the following activities:
* There is no right to encourage, support or give support to the infringement of copyrights, software licenses, trademark rights and all other kinds of property.
* No right to perform unauthorized and improper access to data, systems or networks and no right to use the services and network access as Host Color such.
* There is no right to use the services and network of Host Color for breakthroughs in technology systems and networks to overcome the security systems and distorting the law to access personal data without the express written permission of the owner of these networks or data.
* There is no right to make the transfer of monitoring data or traffic on any network or system without express written consent of its owner.
* There is no right to interfere in the network HostColor.com or any other network, including sending unsolicited and unauthorized e-mail for commercial purposes and to send any electronic queries that lead to load or limiting the ability of systems and networks.
* There is no right to use the hosting account of another customer/person without his written permission.
* There is no right to use the network of Host Color for the collection or use of electronic mail addresses or other identifiers without the express consent of the other party. This includes but is not limited to, spamming, theft of passwords, or collect personal information without the consent of the owner.
* There is no right to use false, misleading or false TCP-IP information and data in e-mail (Email) or newsgroups (Newsgroup).
* There is no right to use the services or network Host Color to distribute software that collects information about users or sending or receiving such.
* There is no right to use the services of HostColor.com to use software for delivery and display of advertising media and distribution of advertising content unless: (a) the user or owner of the website is not clearly stated their willingness to accept such ads or software (b) The software cannot be removed easily with standard tools available in the major operating systems.
* There is no right to use the network Host Color in activities that violate the laws of the State of Delaware, U.S. Federal law, and/or any other International legislation.
* There is no right to use the Host Color services, products and network to offend, insult to employees, customers, partners or agents of Host Color LLC.
* There is no right to encourage, support or tolerate any activities that lead to a server or network component Host Color be subject to DoS attacks (denial of service attack).
If Host Color LLC, our Partners, Resellers, Affiliates or any of their employees, agents, or suppliers are faced with a legal claim by a 3rd party arising out of your actual or alleged negligence, willful misconduct, violation of law, failure to meet the security obligations required by this Service Agreement, violation of the AUP or violation of the Terms and Conditions, then you will pay all the cost of defending this claim (including reasonable attorney fees) and any damages award, fine or amount that is imposed to Host Color Indemnitees as a result of the claim.
Your obligations under this subsection include claims arising out of the acts or carelessness of your employees, any other person to whom you have given access to your account and/or services and products used with Host Color LLC, and any person who gains access to your account, services or products as a result of your failure to use reasonable security precautions. If you resell Host Color's services, the grounds for indemnification stated above also include any claim brought by your customers or end users.
You must comply with reasonable requests of Host Color LLC or any agents authorized by us for assistance and cooperation in the defense of the claim.
14. MASS E-MAIL COMMUNICATIONS (Bulk or Commercial Email)
Every Host Color customer is obliged to comply with international legislation against spam and the rules concerning the unauthorized use of email. All customers are required to abide by the terms of the usage of e-mail with the following laws and directives:
* CAN-SPAM Act of 2003 United States federal law setting standards in the electronic correspondence
* EU 95/46/ES Directive on data protection
* EU 2002/58/ES Directive for the processing of personal data and confidentiality of electronic communications
* Directive 2000/31/EC of services related to information society
* Directive 97/66/EC of confidentiality and privacy in the telecommunications sector
Please note that recipients of your sent e-mail should have given you express consent to send details of your offers and other electronic communications of a commercial nature, which invites them to conclude the transaction or to buy the product or service.
You may not send a message to standard mailing addresses that has not expressly consented to receive news or other form of correspondence from you. This includes even your existing customers.
If we receive complaints from third parties that have received spam from your web address, Host Color will require you to present clear evidence that you are authorized to send messages via email.
With the creation and management of mailing lists (email lists) and newsgroups, it is extremely important that the recipients have access to a visible link to a subscription web page in which their email address can be immediately removed from the ballot or the list of recipients.
If you send emails to recipients who have given their permission to receive messages from you, there must be a web page on your site that serves as a place where complaints related to spamming and other types of e-mail abuse can be addressed. Furthermore, it is mandatory for you to register a relevant e-mail address at abuse.net if you work in international markets and if you send electronic mail to other U.S. recipients.
You also are required to have a clearly defined policy of confidentiality and respond quickly to any queries and complaints from recipients.
In addition, you should not attempt to send e-mail to an address in which three consecutive failed attempts to deliver your mail has occurred. The time period between the third and final refused attempt from that address should not be less than 15 business days.
The above rules apply for the services used in conjunction with HostColor.com and messages sent from mail servers which serve external e-mails. Host Color reserves the right to at any time to monitor the observance of the above rules and to check whether customers of Host Color are complying with the standards of this agreement and limits of the use of this service.
Attempts to find a vulnerability (Vulnerability Testing): To test or scan with the intention of trying to penetrate or test the vulnerability of systems of HostColor.com or under any circumstance to try and breakthrough network security and the system of authentication without the express permission of Host Color is not permitted.
Newsgroups, Chat and networks (Newsgroup, Chat Forums, Other Networks): Customers must comply with the rules and the agreements of published content in forums, chat groups or other types of internet communities and discussion formats, which allow users to take part as IRC and USENET groups. Observance of their rules is mandatory. You will be denied use of HostColor.com services if found in direct violations of the rules in the above communities.
Aggressive offensive content (Offensive Content): The publication and sending offensive and aggressive content on servers in the network HostColor.com or links to any content of this nature is a violation of the Agreement. In our network, you may not:
* Store, promote, encourage or tolerate child pornography and other forms of brutality
* Invite violence, or approve forms of violence, or to justify forms of violence or threaten violence
* Offend people, groups of people, or different ethnic groups
* Infringe on privacy
* Create safety or health hazards in the lives of individuals
* Violate public or health safety, national security or disrupt the investigation of authorized bodies of the Judiciary
* Violate of laws that protect consumers, no matter the jurisdiction, and to perform or fraudulent pyramid schemes
* Violate trade secrets or post information owned by others
* Support third party infringement on copyrights and licenses
* Violate the property rights of other people or organizations, trademarks, patents or other forms of intellectual property
* Promote illegal activities such as dissemination of drug information to support the spread of drugs, illegal gambling, illegal arms trafficking, people, money or goods
It is important to know that the content published, sent or received through the Host Color network or through Host Color equipment includes web content, e-mail, posting messages in forums, chat and other publications, or transmission of information on the Internet.
Materials subject to copyright (Copyrighted Material): Customers may not use the network and equipment of Host Color to download, publish, distribute, copy or other activity which relates to copyright infringement, including text, music, software, artwork , photos, video and sound files and any other files in which the right to use such copyrighted material has not been granted. Exceptions are:
* Cases when authorized by the copyright owner to use the material
* When authorization to use copyrighted material from relevant institutions in the texts of non-infringement of Copyright Act is applicable
Otherwise Host Color may without notice to terminate the use of the service.
Information on the web address (Domain Contacts): Customers of Host Color LLC are required to provide accurate and current information about registered domains and other services that are used or available for use by third parties, if they use the direct Services of Host Color.
When using the services of Host Color LLC customers may only use IP addresses provided by HostColor.com.
As part of the "rules" to which customers agree is that if the IP address (property HostColor.com) which is available for your use is found to be used for spam by any of the internet bases set up to fight against spam like Spamhaus, Spews, NJABL, etc., the customer is automatically found in violation of the "limits the use of service. In such a case HostColor.com may take any steps it deems necessary to protect their IP numbers. This includes termination of services and prohibition of access to the server or hosting account. This action will be taken whether or not the corresponding IP address has fallen onto the prohibition list because of your actions or for some other reasons.
Consequences of violation of norms "(Consequences of Violation of AUP): HostColor.com may impose penalty charges on customers who violate "limits the use of the services" and consequently cause a technical problem in a system or network Host Color and jeopardize our other customers.
The penalty charge is the amount of $350 for each hour in which our team is forced to work on the restoration of security, network or services. This fee does not cover any damages to equipment and inquiries necessary to investigate the violations of rules, or benefits owed to other customers under this Agreement as a result of this violation of the AUP, and any other damages, which the company or/and other customers suffers as a result of violation of limits on use of the service.