Cooldotz Terms of Service

Privacy
90 Day Guarantee
New Accounts
Domain Names and Domain Transfers
Content
Liabilities
Payments
Overage Charges
Cancellations
Refunds/Account Termination
Bandwidth Usage
Reseller Plan Limits

Modification

Cooldotz reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes Cooldotz may reasonably make to this agreement when such changes are made. If you have purchased services or software from Cooldotz, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

You agree that you will be responsible for notifying Cooldotz should you require to terminate your use of Cooldotz’s services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.

Privacy

Cooldotz will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email only or phone.

Satisfaction Guaranteed

90 Day Guarantee Statement

Applies to :
All web hosting accounts excluding Dedicated Servers. ( 30 Day Guarantee applies )

If for any reason you are unhappy with the services you receive from Cooldotz during the first 90 days of service, you may request, through your Client Portal, that your service(s) be discontinued. Please be clear and indicate the final date of service. We also ask for a statement as to why you are canceling (as we request for any cancellation, no matter the time frame).

Cancellation requests can only be made through your Client Portal.

Refunds for the 90 Day Guarantee are processed by the month's end of the date the cancellation request was received. Depending on the original method of payment, refunds may be made as credits or processed and distributed via company check.

New Accounts, Setup and Process Info

All new web hosting accounts purchased online are set up same day by our 24 hour Helpdesk. Online orders are usually standard configurations. Any personalized configurations, and/or changes, may slightly delay the typical setup time.

You will receive emails generated from the system, and our Helpdesk. The first email is usually your Client Portal login info where you'll manage your Cooldotz account, profile, billing and support, and, of course, confirmation of your order. These are usually immediately auto-generated, and we suggest checking to make sure they don't get caught up in a spam trap you may have.

Later, following the original Client Portal info, your Services Account info will come from the Helpdesk directly. This will include the login you need as well as any other pertinent account settings. This email will also be stored in your Client Portal as a ticket so you can refer to it anytime.

In order to combat rampant online fraud, all new accounts are confirmed before final setup. The confirmation process varies according to the services ordered, and can include anything from domain name ownership confirmation, usually a public whois, to telephone contact. In order to speed up the process, you can help by making sure your domain name contact info matches your order info, your payment process info matches as well, and so on.

If you're a refugee ( your current host has disappeared along with your stuff ), or should you require a more expedited setup, you can order online, then follow up with a new client ticket, or call ( please reference the order number ), directly to the Helpdesk.

Domain Names and Domain Transfers

In order for your domain name to point to the Cooldotz server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. Our DNS info is located in your welcome email and they are defined in a pair (primary and secondary). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you may not be using the same DNS as before.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain name control to and away from your original registrar. You must create an account at the new registrar and initiate a transfer.

Cooldotz will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Cooldotz does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk.

Content

Cooldotz believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, gender, sexual orientation, or religious belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if Cooldotz is made aware of any questionable content on a Cooldotz hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Cooldotz server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

Cooldotz makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Cooldotz be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department at our helpdesk.

Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by Cooldotz, you agree to pay Cooldotz at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Cooldotz expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

All web hosting services are all billed on an automatic subscription basis. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the services. If you signed up for an annual (or longer payment plan), Cooldotz will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with Cooldotz at Cooldotz’s then current rates.

If for any reason, Cooldotz is unable to charge your payment method for the full amount owed, or if Cooldotz is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Cooldotz may peruse all available remedies in order to obtain payment. You agree that among the remedies Cooldotz may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that Cooldotz shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.

Late Payments

If at any time, your payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Cooldotz holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment for hosting is not received 10 days after the due date.

Shared/Reseller Accounts 5 days past due will be assessed a $15.00 USD late fee to re-activate service.

Dedicated Server Accounts 5 days past due will be assessed a $50.00 USD late fee to re-activate service.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that Cooldotz holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK.

Dedicated Servers

All dedicated server invoices will be generated by the 25th day of each month.

All server invoices are due on the first of the month unless otherwise specified on your invoice.

Invoices are considered as late after the 4th day of the month. After this date, past due clients will be subject to suspension and a $15.00 late fee will be applied.

Suspensions will run between the 5th through the 7th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceeded warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Cancellations

Shared/Reseller/Dedicated/ Accounts - If you wish to cancel your services, you must submit cancellation notice five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. The cancellation notice can be sent in via Email, however it is strongly suggested you use the HELPDESK.

Refunds/Account Termination

After our 90 day guarantee term, if, for any reason, Cooldotz fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Cooldotz to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Bandwidth Usage Policy

Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50

If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: http://en.wikipedia.org/wiki/Burstable_billing

Reseller Plan Limits

The account resources for our Reseller plans are liberal. These resources encompass all the domains under the Reseller's plan. We enable over-selling in our Resellers Control enabling the Reseller more flexibility in the provisioning of accounts.
This must be managed by the Reseller for usage as the Cooldotz system will alert management of overages.