1.1 The following terms and conditions apply to all business between the CooliceHost.com, referred as ("CooliceHost LLC", "CooiceHost" CooliceHost.com "our", "us" or "we") and you refered as ("you", "your", "Client", "Clients", "Customer" or "Customers").
1.2 By using CooliceHost website in any way, creating an account and ordering product and service referred as ("Product", "Products" "Service", or "Services") constitutes your acceptance and agreement to be bound by these Terms of Service.
1.3 We can enter into agreement with third parties as authorized retailers of products and services provided by CooliceHost.com. Creating an account and ordering service through them / their websites constitutes your acceptance and agreement to be bound by CooliceHost.com Terms of Service.
2.1 Our offers are not obligating. Technical and other changes will remain, within reasonble limits.
2.2 With the order, the customer bindingly declares his contract offer. We will immediately confirm the receipt of the customer's order. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
2.3 We reserve the right to accept the contractual offer contained in the order within a period of 5 working days after receipt. However, we also reserve the right to reject the acceptance of the order, for example after checking the credit, fraud or acceptable use, history of the Customer.
3.1 As far as the subject of the contract is the registration of domain names, we owe only the mediation of the desired domain. Therefore, the customer can only assume an actual allocation of the domain name if this has been confirmed by us. We have no influence on the domain allocation. A liability and warranty for the actual allocation of the ordered domain names is therefore excluded.
3.2 We provide 99% annual network availability for our data center infrastructure. If the security of the network operation or the maintenance of network integrity is endangered, we may temporarily restrict access to the services as required.
3.3 In all other respects, the scope of the service is based on the offer information valid at the time of the order, the order form and the respectively valid monthly special offers.
3.4 If the customer wishes to register his Internet presence in one or more search engines (online search services of Internet content), then we owe here only the mediation. Only the operator of the respective search engine decides on the inclusion in the search engine and the time.
3.5 Technical limitations are regulated in the service agreements underlying the product or services or can be requested from Customer Service Area.
3.6 Technical support services are not included in the offers. If requested and claimed, they will be charged separately. The respectively valid prices are visible in the service agreements underlying the product.
4.1 The customer receives a user ID and password for the maintenance of his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer learns that the password is known to unauthorized third parties, he must inform us immediately. If, due to fault of the customer, third parties use services by us through misuse of the passwords, the customer is liable to us for compensation and compensation. In case of suspicion the customer therefore has the possibility to request a new password, which we then send to the customer.
4.2 The customer is obliged to perform a full backup before each own or commissioned change.
4.3 Insofar as data are transmitted to us, the customer will make backup copies. As far as this is contained in the respective offer, the servers are regularly backed up. In the event of any loss of data occurring, the customer is obliged to return the relevant data to us free of charge.
6.1 The customer is responsible for the content he/she has posted on the Internet. Further obligations may arise from the provisions of the law. The customer undertakes to check and fulfill this on his/hers own responsibility.
6.2 The customer undertakes not to publish any content that violates third parties in their rights or otherwise violate applicable law. The deposit of erotic, pornographic, extremist or anti-decent content is prohibit. The same applies in the event that the customer publishes content that is likely to hurt third parties in their honor, to offend or discredit persons or groups of people. This also applies in the event that an actual legal claim should not be given. We are not obligated to review the contents of our customer.
Examples of improper use are (but not limited to):
- trademark, competition and copyright infringement
- Violations of the right to own picture
- Violation of youth protection regulations
- Violent content
- pornographic / erotic content or offers
- calls for violence against persons, institutions or companies
- Information or links to illegal downloads, cracks and other illegal content or activities
- insulting, degrading or harmful business communications to any person, company, government or institution in any form
- unauthorized intrusion into third party computer systems (hacking)
- obstruction of foreign computer systems by sending / forwarding of data streams and / or e-mails (spam mail bombing)
- search for open accesses to computer systems (portscanning)
- Counterfeiting of IP addresses, mail and news directories, as well as the spread of viruses
6.3 The customer may not use the services / resources / domains provided by us in such a way that our technical infrastructure or the data / security / performance of other customers is affected.
6.4 In particular, Customer may not use the resources provided for chat, ad servers, subdomain services, file sharing / download services without express permission.
6.5 The sending of spam mails is prohibited. All Customers must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Prohibition includes, in particular, but no limited to the sending of unauthorized, unsolicited advertising to third parties:
-IRC/chat room messages
-HTTP referrer log entries, usenet posts,
7.1 In the event of a breach compilance to Acceptable Use Policy sections 6.2 - 6.7, we shall be entitled to suspend the customer's access after exercise of due discretion or to completely exclude the customer from further use. CooliceHost.com reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason.
7.2 We will be the sole and final arbiter as to what constitutes a violation of our policies.
7.3 We reserve the right at all times to prohibit activities that damage our or our partners commercial reputation and goodwill.
8.1 WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS.
8.2 We disclaim any liability for direct, consequential or indirect damages or lost profits due to technical problems and disruptions within the Internet that are beyond our control.
8.3 We are not liable to Customers for slightly negligent breaches of immaterial contractual obligations. For indirect damages and consequential damages as well as for lost profits we are liable to Customers only in case of intent and gross negligence. In this case, our liability is limited to the contractually foreseeable damage, max. at 100% of the service price for the choosen contract period
8.4 If the customer violates the obligations set out in clause 6 above, especially against legal prohibitions or good morals, the customer shall be liable to us for all direct and indirect damages arising therefrom, including financial losses. In addition, the customer agrees to indemnify us from claims of third parties - of any kind - resulting from the illegality of content posted on the Internet. The indemnity obligation also includes the obligation to fully indemnify us against legal defense costs (eg, court and attorney's fees).
9.1 The current prices apply, which can be viewed at any time at CooliceHost.com
9.3 Depending on the contractual agreement, a monthly, quarterly, semi-annual or annual billing is carried out. By mutual agreement, billing is done through invoicing. We undertake to display the currently valid price to the customer in the customer service area. We will inform the customer in 10 days advance of the corresponding invoice by email. All fees are then due for payment immediately on due date of the invoice.
9.4 Invoices will be sent by e-mail. In the case of a delivery request by letter, we reserve the right to charge a reasonable processing fee. In the event of a retrospective change in the invoice, which is not the fault of us, we reserve the right to charge a reasonable processing fee.
9.5 In addition, we reserve the right to block the customer's Internet presence in the event of default and to retain all other services. Failure to pay by the due date will result in suspended and, ultimately, terminated service. CooiceHost reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination.
9.6 Raising a billing dispute with our payment processors or charging back a payment made to CooliceHost will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
10.1 Unless agreed otherwise, the contracts are concluded for the chosen billing period and can be renew indefinite .
10.2 CooliceHost.com reserves the right to terminate the contract with a notice period of 14 days, without stating any reasons. Customer have the right to withdraw from this contract at any time without giving any reasons. A cancellation can be made in text form by letter, e-mail or via the secure online administration area, as far as this option is available.
10.3 Furthermore, reserve the right to terminate the contractual relationship for cause without notice. Such important reason may be, among other things, that the customer violates the obligations under section 6 substantially or despite being warned. Another important reason that may lead to suspension or termination without notice is when the customer uses content that could interfere with the server's operating behavior or security.
10.4 Place of performance for all obligations of this contract is State of Delaware USA. Jurisdiction for all disputes arising from this contract is the locally competent court for State of Delaware USA. We reserve the right to sue at the customer's location.
10.5 If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of the contractual rights can only be made in writing by letter, e-mail or via the secure online administration area, as far as this option is available. In the case of a transmission by letter or e-mail, the previous and new contracting party must sign by hand.
10.6 We offer 30 days money back guarantee.
12.1 The law of the State of Delaware, USA applies.
12.2 Should a provision of this agreement be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the remaining provisions. In place of the ineffective regulation the legal regulations apply.
12.3 CooliceHost.com also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated.
Last Updated: June 07,2018
8 The Green, Ste #7730
Dover, DE 19901
Web Hosting Accounts include free ticket / mail support. Written support requests by the client will be provided via https://coolicehost.com/billing/ portal. In general, support jobs are included by the client in the package price of the product. For inquiries relating to individual problems, 24 € are subject to prior consultation with the customer be charged for every hour or part thereof. This is especially true for the manual adjustment of the Nginx configuration, if necessary, thereby necessary that a Web application (such as Word Press, Drupal, shop goods, etc.) is not used in the default configuration (eg due to the use of specific plugins).
HTTP HTTPS SMTP POP3 IMAP FTP MySQL In addition, the utilization of the system, the hard disk volume and mass mail shipping is monitored. On shared servers, the shipping of 100 emails per hour must not be exceeded.
All data is backed up daily / weekly by CooliceHost.com and kept in remote datacenter. The data is up to max 5 days and can be restored if necessary with a support request. This service is for our own operational efficiencies and purposes.
!!! We do not backup *.ace, *.arj, *.avi, *.bak, *.bin, *.bz, *.bz2, *.cab, *.car, *.cbr, *.ccd, *.cdr, *.cue, *.drw, *.exe, *.gz, *.gzip, *.img, *.iso, *.jar, *.jmy, *.lbs, *.md, *.mid, *.midi, *.mov, *.mp2, *.mp3, *.mp4, *.mpa, *.mpeg, *.mpg, *.nrg, *.pae, *.pak, *.psb, *.psd, *.r00, *.r01, *.r02 *.r03, *.ram, *.rar, *.rm, *.rmf, *.sea, *.tar, *.tar.gz, *.tgz, *.tmp, *.vob, *.wad, *.wav, *.wave, *.wma, *.wmv, *.zip
Changes by the support, such as deleting, moving, dubbing of content and sensitive data that have been played by the customer and / or received, can only be performed when this request is made in writing by fax with company stamp and handwritten signature. Work that can be done by the customer himself and are possible must be carried out even.
In general, no custom adjustments in configuration files on shared servers are possible. This applies to system settings and the services offered. Should the client require individual adjustments, he shall do so by email to email@example.com. This allows the customer additional costs (see point 1).
To enable a fair distribution of resources, running on shared servers. We use process monitoring scheduler which in case of excessive runtime and / or RAM utilization throttle or terminates the corresponding process.
On request the installation of additional software can be performed. Costs are charged to the customer in accordance with point 1.
The mail server can not and unsolicited advertising will be used for sending mass emails (= mails with the same content to more than 30 recipients). If this happens, the account of this user is closed. It is also forbidden, Other Services CooliceHost to abuse like autoresponder or other programs to send mass emails.
1 The customer is entitled to grant third parties a contractual right to use the Internet presences we maintain for him. In this case, the customer remains the sole contractual partner. He is obliged to transfer all contractual conditions arising from the General Terms and Conditions as well as from our order forms to the third party and to oblige him to comply with these conditions.
2 If changes of any kind are required for cooperation by the third party, the customer shall ensure that these obligations to cooperate are complied with in an innocent manner. The customer will inform us on request of the address data together with the contact person of the third party. In the event of changes, we are entitled to approach the third party directly in order to request written approval of the changes.
3 If the third party breaches contractual obligations, does not fulfill obligations to cooperate or otherwise causes problems with the granting of rights of use to third parties, the customer shall be liable to us for all damages resulting therefrom. In addition, the customer releases us from all claims that both the third party and others will make to us.