ColDen Communications
POLICY AND SERVICE GUIDELINES

ColDen Communications provides web hosting to thousands of clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. By accessing and using our services, you unconditionally agree to be bound by all of the terms, conditions and notices contained in these Policy and Service Guidelines.

Content:
All services provided by ColDen Communications may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ColDen Communications from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all ColDen Communications servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ColDen Communications will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to ColDen Communications servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Adult sites
  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • All illegal activity
  • ColDen Communications will be the sole arbiter as to what constitutes a violation of this provision.

    Billing Procedure
    All overdue accounts are subject to automatic termination after 15 day grace period has ended. If the account remains active there is a 5% fee incurred on all overdue amounts per month.

    All clients receive their bill via email. If the client changes their email address it is the client's responsibility to see that we are made aware of this change.

    Cancellation Policy
    ColDen Communications does not have contracts obligating clients to our services longer than they wish. At anytime clients are free to send an email to billing@novahosting.com or visit our Support Database to request cancellation. It is the responsibility of the client/domain owner to submit a cancellation request if services are no longer needed.

    Unlimited Traffic
    We are pleased to offer our clients unlimited Web page traffic. To maintain the integrity of our service, the following restrictions apply:

  • Multiple hosts resolving at an IP or domain name that we provide.
  • Sites with banners, graphics or cgi's that are used on other domains but linked back to our servers.
  • Sites with archives or galleries (.gif, .jpg, exe, zip, tar, etc.) or download files. This is any site where 20% or more of their monthly traffic is from file downloads.
  • Sites using more than 20% of system resources.
  • ColDen Communications will be the sole arbiter as to what constitutes a violation of this provision

    Commercial Advertising - Email:
    Spamming, or the sending of unsolicited email, from a ColDen Communications server, or using an email address or domain that is maintained on a ColDen Communications machine as reference to SPAM, is STRICTLY prohibited. In other words, please do NOT use services that sell unsolicited mass mailings or email addresses. It is NOT effective and may result in immediate termination of hosting services. ColDen Communications will be the sole arbiter as to what constitutes a violation of this provision.

    Chat Rooms
    We do not allow clients to install their own chat rooms unless it is an off-site service. These tend to be a large drain on system resources, and we cannot allow it as an account option.

    Background Running Programs
    We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

    IRC
    We currently do not allow IRC or IRC bots to be operated on our servers.

    Server Abuse:
    Any attempt to undermine or cause harm to a server, or customer, of ColDen Communications is strictly prohibited.

    Refusal of Service:
    We reserve the right to refuse, cancel, or suspend service at our sole discretion.

    Liability:
    We sign into effect no binding contracts with any of our clients. Clients of ColDen Communications are free to leave at anytime they wish, and are hereby advised to maintain up-to-date local backups of all material posted to their web sites. Furthermore. ColDen Communications and its subsidiaries make no representation about the suitability for any purpose of this site, including but not limited to information, data, text, documents, graphics, computer technology of any kind and/or software ("site content"). All site content is furnished to and accepted by the user in "as is" condition. All express and/or implied representations and warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of any rights (including without limitation intellectual property rights of any kind), are expressly excluded.

    NovaHosting.com/ColDen Communications will accept no liability charges for any losses exceeding that of the monthly fee for any hosting client. ColDen Communications specifically disclaims any responsibility or liability for any loss, damage, injury or other claims arising out of: (i) the userís purchase, licensing or use of any products or services provided by or through ColDen Communications, its subsidiaries and clients; (ii) the business and/or other activities of any ColDen Communications client; (iii) the userís inability, for whatever reason(s), to transact business with and/or access any web site; and (iv) the negligence, misrepresentation and/or other contract, statutory, tort and/or other liability of any kind. NovaHosting.com/ColDen Communications will not in any event or under any circumstances be liable for any direct, indirect, punitive, economic, incidental, special or consequential damages, loss of goodwill or lost profits arising out of or in any way connected with the use of this site or the userís inability to use this site. If any litigation or legal issues arise regarding services rendered by ColDen Communications, these will commence in the jurisdiction of Stafford County, Virginia.

    All Sub-Networks, distributive hosting sites and dedicated servers of ColDen Communications must adhere to the above policies.

    Failure to follow any term or condition will be grounds for immediate account deactivation.

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