This Web Hosting Agreement is between Cool Site Man and you, the client using our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Cool Site Man is a web hosting company based in Canada. Data is stored in Chicago, Illinois, USA.
Web hosting services.
Sites hosted under an agreement with Cool Site Man are the responsiblity of the site owner. Hosting payments are only for the hosting server space provided together with any support that may be required in order to maintain that hosting service. Site maintenance, site updates and security of your site is your responsibility. If you use a Content Management System for your website, such as WordPress, Joomla! etc., it is your responsibility to ensure that they are kept up to date. Sites which are not maintained and are not up to date might be more vulnerable to hacking and security problems, or may cease to function as web technology develops. We guarantee server uptime efficiency of 99.9%. This guarantee is limited to a credit of one month of hosting fees for downtime incidence should the server ever become unavailable for a period of time exceeding this guarantee. We are not responsible for consequential losses of the site becoming unavailable or failing to work for any reason. When notice of cancellation has been submitted to us, the hosting account will be terminated at the end of the current term. All files will be deleted at that time. No refunds are given. Once the account is deleted it cannot be recovered. We may cancel your hosting account at any time for any reason by giving you 30 days notice of termination.
A large number of TLDs are available. Some require a qualification in order to register them; for example Country TLDs may require you to be a citizen or have a business presence.
It is important to maintain contact information for the domain owner so that you do not lose your domain name. Domain renewals and contact information can be kept up to date in the Customer Portal at https://my.coolsiteman.ca
Reminders to confirm the accuracy of contact information are sent out regularly as per ICANN or other Domain Authority regulations.
Domain renewal reminders are sent out 60 days in advance and several times after that up to the renewal date. Renewal of your domain registration can be completed at any time - follow links in your customer portal.
Non-payment of domain renewal by the due date may result in the domain registration being suspended. This will cause all services (website, email, etc.) associated with the domain to cease functioning.
Renewal after expiry may incur a higher fee than standard renewal in order to recover the domain.
Cool Site Man offers domains at competitive prices registered with Public Domain Registry. Some notifications will originate with the Registrar.
Hosting payments are due on or before the renewal date. After that date the hosting account may be suspended until payment is received. (Your website and additional services such as email will not function if the hosting account is suspended).
The website will not be deleted within the first month of non-payment where there is no notice of cancellation. Renew your hosting account in order for the site to remain online. After one monh past the due date the account is subject to deletion. It can no longer be recoverd at that point.
We no longer accept payment by mail. A credit card or PayPal account is required.
Payments for hosting are for the term requested. No refunds are given.
Services are provisioned once payment is completed.
Hosting services and domain registrations are provisioned automatically when payment is made online.
You may cancel or simply not renew your hosting service or domain registration. After the service period ends the account may be deleted.
No refunds are given. Payments are for the agreed term.
Failure to comply with these terms, as determined at our sole discretion, may result in the termination of your hosting account without notice. We reserve the right to remove files from our servers which are in breach of our acceptible use policy.
Servers are provided for web hosting, not for cloud storage. Files stored should be incidental to the operation and use of your website. E.g., you may offer documents for download from your site, but may not use the service only as a private document or file repository.
You may not operate online casino or gambling services.
You may not conduct any illegal services through your hosting service: displaying material that exploits children under 18-years of age; copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Unlimited use means fair and resonable use for the amount of traffic visiting your site. You cannot use the service to re-route traffic or hot-link to files in your hosting account for inclusion in other sites.
Your hosting service may be cancelled by us for any reason by giving 30 days notice. We are not required to state the reason we are ending the service.
Customer represents and warrants to Cool Site Man that the information he, she or it has provided and will provide to Cool Site Man for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Cool Site Man that he or she is at least 18 years of age.
Web applications that are out-of-date and actively being exploited will be shut down immediately. You are responsible for keeping site software and scrips up to date in order to prevent security breaches - hacking and site hijacking.
UNSOLICITED EMAIL & SPAMMING
Using the servicce for unsolicited commercial advertisements ('SPAM') is not allowed and will result in cancelation of service.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Cool Site Man at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Cool Site Man endeavors to have the content of YOUR website available for https access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Cool Site Man to its backbone providers. To claim, contact us.
Cool Site Man's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Cool Site Man network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than the guaranteed 99.9%, Cool Site Man a credit will be issued for the following month's service fee. Credit shall not exceed the monthly service charge for the affected month. No other liability is accepted.
TECHNICAL SUPPORT BOUNDARIES
Cool Site Man provides technical support for YOU using our ticket system. Please log in to your customer portal account and submit a ticket.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Cool Site Man, Cool Site Man's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Cool Site Man AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Cool Site Man'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Cool Site Man'S SERVER.
Disclaimer of Warranties
Cool Site Man does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Cool Site Man disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Cool Site Man and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Cool Site Man may suspend services to Customer without notice and without liability if: (i) Cool Site Man reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Cool Site Man reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Cool Site Man reasonable reinstatement fee if service is Cool Site Man following a suspension of service under this subsection.
Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
Changes To Cool Site Man's Network
Upgrades and other changes in Cool Site Man's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Cool Site Man reserves the right to change its network in its commercially reasonable discretion, and Cool Site Man shall not be liable for any resulting harm to Customer.
Notices to Cool Site Man under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Cool Site Man shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Cool Site Man's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Cool Site Man unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Cool Site Man's prior written consent. Cool Site Man's approval for assignment is contingent on the assignee meeting Cool Site Man's credit approval criteria. Cool Site Man may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Cool Site Man's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Cool Site Man reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Cool Site Man if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Cool Site Man may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Cool Site Man's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Cool Site Man or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Cool Site Man network. If YOU use a domain name in connection with Cool Site Man or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Cool Site Man network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Cool Site Man will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Cool Site Man a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Cool Site Man under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Cool Site Man shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Cool Site Man. Cool Site Man reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Cool Site Man prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Cool Site Man price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Cool Site Man reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Cool Site Man to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Cool Site Man) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Cool Site Man as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Cool Site Man will reinstate YOUR domain name registration solely at Cool Site Man's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Cool Site Man
YOU agree to pay Cool Site Man prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Cool Site Man price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Cool Site Man reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Cool Site Man to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Cool Site Man) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Cool Site Man as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Cool Site Man will reinstate YOUR domain name registration solely at Cool Site Man discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Cool Site Man
Cool Site Man reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Cool Site Man will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Cool Site Man reserves the right to refuse service to anyone. YOU may only use Cool Site Man server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Cool Site Man management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Cool Site Man may disclose any and all YOUR 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.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Cool Site Man'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Cool Site Man follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.