Colo-Serv Communications Terms of Services
Colo-Serv Communications ("The Company") agrees to provide services to the Subscriber and is subject to the following TOS (Terms of Service). Use of Colo-Serv Communications Service constitutes acceptance and agreement to Colo-Serv Communications AUP (Acceptable Use Policy) as well as Colo-Serv Communications TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Colo-Serv Communications and AUP. The AUP may be changed from time to time at the discretion of The Company. The Subscriber understands that changes to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, The Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition Colo-Serv Communications shall have the right to terminate all service set forth in this Agreement.
Article 1. Service Rates
The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Article 2. Payment
The establishment of the service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Colo-Serv Communications are subject to the current tax rate as imposed by Canadian Customs , Quebec & Revenue Agency.
Article 3. Payment and Fees
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by Colo-Serv Communications may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedures outlined in Article 6.
Article 4. Refund and Disputes
All payments to Colo-Serv Communications, Inc. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Colo-Serv Communications's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Colo-Serv Communications an "Administrative Fee" of not less than $50 and not more than $150. A refund can be applied at the the discretion of Colo-serv Communications inc. when the transaction is made by PSIGate.
Article 5. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of their responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Article 6. Cancellation Notification
All requests for cancelling accounts must be made in writing with at least 14 days notice but not more than 60 days prior written notice and sent to Colo-Serv Communications.
Article 7. Technical Support
Colo-Serv Communications provides 24 x 7 technical support to its subscribers except for few holidays and short company meetings when we close our centre. We limit our technical support to our area of expertise. Colo-Serv Communications does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@colo-serv.net for assistance.
Article 8. Unsolicited Commercial E-mail
Colo-Serv Communications takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Colo-Serv Communications may not use or permit others to use our network to transact in UCE. Customers of Colo-Serv Communications may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service.
Section 8.01
As our Customers are ultimately responsible for the actions of their clients over the Colo-Serv Communications network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Article 9. Network
Section 9.01 IP Address Ownership
If Colo-Serv Communications assigns the Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Colo-Serv Communications, and the Customer shall have no right to use that Internet Protocol address except as permitted by Colo-Serv Communications in its sole discretion in connection with the Services, during the term of this Agreement. Colo-Serv Communications shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Colo-Serv Communications. Colo-Serv Communications reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's policies. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Section 9.02 System and Network Security
Users are prohibited from violating or attempting to violate the security of the Colo-Serv Communications Network. Violations of system or network security may result in civil or criminal liability. Colo-Serv Communications will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
(a) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which such User is not entitled.
Article 10. Notification of Violation
Section 10.01
Colo-Serv Communications is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Section 10.02 First violation
Any User, which Colo-Serv Communications determines to have violated any element of the AUP, shall receive an e-mail, warning them of the violation. The service may be subject, at Colo-Serv Communications discretion, to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Section 10.03 Second Violation
Users that Colo-Serv Communications determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Users that Colo-Serv Communications determines to be in constant violation of 1.17 of the Acceptable Use Policy shall be subject to an immediate account upgrade.
Article 11. Suspension of Service or Cancellation
Colo-Serv Communications reserves the right to suspend network access to any customer if in the judgment of the Colo-Serv Communications network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Colo-Serv Communications chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Article 12. Amendments
Colo-Serv Communications reserves the right to amend its policies at any time. All Sub-Networks, resellers and servers of Colo-Serv Communications must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described in this TOS. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Article 13. Indemnification
Colo-Serv Communications wishes to emphasize that in agreeing to the Colo-Serv Communications Acceptable Use Policy (AUP) and Terms of Service (ToS), the customer indemnifies Colo-Serv Communications for any violation of the AUP and Terms of Service (ToS) that results in a loss to Colo-Serv Communications or the bringing of any claim against Colo-Serv Communications by any third-party. This means that if Colo-Serv Communications is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Colo-Serv Communications, plus all costs and attorney's fees.
Article 14. Responsability for Content
You, as Colo-Serv Communications customer, are solely responsible for the content stored on and served by your Colo-Serv Communications server.
Article 15. Miscellaneous Provisions
You must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
Section 15.01
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Section 15.02
The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement at anytime without consent from or notice to the Subscriber. Company reserves the right to cancel the customers' rights under this contract at anytime without further obligation.
Section 15.03
Colo-Serv Communications takes no responsibility for any material input by others and not posted to the Colo-Serv Communications Network by Colo-Serv Communications. Colo-Serv Communications is not responsible for the content of any other websites linked to the Colo-Serv Communications Network; links are provided as Internet navigation tools only. Colo-Serv Communications disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Section 15.04
Colo-Serv Communications is not responsible for any damages your business may suffer. Colo-Serv Communications does not make implied or written warranties for any parts of our services. Colo-Serv Communications denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Colo-Serv Communications.
Article 16. Disclaimer
The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
