Terms of Service

 

This terms of service (ToS, TOS, AUP) is incorporated by reference in your services agreement with Cooini, LLC (also referred as us, we, our, service provider, company) or shall become a service agreement if none is existing.   We retain the right to refuse new service to any individual, group, or business. We further retain the right to discontinue service to customers with excessive or multiple repeated violations.  Your services may be suspended or terminated for violation of this AUP.  Inquiries regarding this policy should be directed to our ticket system.

 

PLEASE READ THIS AGREEMENT CAREFULLY. BY COMPLETING THE ORDER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Cooini, LLC USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

 

By agreeing these terms or other agreements with us, we agree to provide you with the service or product and the support that goes along with it.  We will always be professional and complete duties to the best of our abilities.


Abuse of Systems

You may not use our network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to the following:

  • You may not use Mail Services to send bulk mail.  Please see the applicable "eMail Requirements" subsection below for those services.
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system
  • Interference with service to any user of the services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
  • Collecting or using email addresses, screen names or other identifiers without the consent of the person
  • Collecting or using information without the consent of the owner of the information
  • Using false, misleading, or deceptive packet header information
  • Use of the service to distribute software that gathers information about a user or transmits information about the user without their consent or notification
  • Any conduct to result in retaliation against our network, website, or our staff or other agents, including engaging in behavior that results in any server being the target of an attack
  • You agree that we may remove permissions, rename, or delete any data stored on a system if the data is infected with a virus, exploitable scripts, or other data that could lead to abuse of our network/systems

 

eMail Requirements

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:

  • Unsubscribe compliance
    • A visible and operable unsubscribe mechanism is present in all emails.
    • Consumer opt-out requests are honored within 10 business days.
    • Opt-out lists also known as Suppression lists are only used for compliance purposes.
  • Content compliance
    • Accurate from lines (including "friendly sender name")
    • Relevant subject lines (relative to offer in body content and not deceptive)
    • A legitimate physical address of the publisher and/or advertiser is present. PO Box addresses are acceptable in compliance with 16 C.F.R.  316.2(p) and if the email is sent by a third party, the legitimate physical address of the entity, whose products or services are promoted through the email should be visible
    • A label is present if the content is adult.
    • Unsubscribe option should be below the message.
  • Sending behavior compliance
    • A message cannot be sent through an open relay
    • A message cannot be sent without an unsubscribe option.
    • A message cannot be sent to a harvested email address
    • A message cannot contain a false header
    • A message should contain at least one sentence.
    • A message cannot be null.
    • No more than 2000 messages a day
    • Additionally, not more then 50% of utilized bandwidth within a shared hosting account can be used towards email unless the plan used is specifically for email services.
      • *** VPS Cloud customers are able to exceed these mailing limits within their isolated environments
  • These policies apply to messages sent using your services with us, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your service with us.
  • We may test and otherwise monitor your compliance with its requirements. We may block the transmission of email that may violate these provisions without consent or warning
  • Unsolicited bulk email (UBE) of any kind is prohibited entirely from within our network
  • You will be required to utilize SMTP Authentication when sending email from any web based scripts.  Sendmail/PHP mail() method will not be supported after October 1, 2014 within our shared hosting environment.

 

Unsolicited Email

The use of the services or third party services to send or receive mass unsolicited email ("SPAM") is prohibited. This prohibition includes the direct sending and receiving of these messages, support of these messages through webpage, splash page, or other related sites, or the advertisement of these services. This prohibition also includes the falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator, or point of origin, or knowingly deleting any author attributions, legal notices, or proprietary designations or labels in a file that the Customer mails or sends.
 

Email Bombing

The sending, return, bouncing, or forwarding of email to specified users in an attempt to interfere with or overflow email services.
Proxy Email

The use of the services or third party services as a proxy email server to forward email to unrelated third parties.


UseNet SPAM

The use of services to send, receive, forward, or post UseNet unsolicited email or posts. This prohibition includes UseNet services located within the network or unrelated networks of third parties.


Scanning/Probing/Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of our system(s) or network(s), or attempt to breach our security or authentication measures, whether by passive or intrusive techniques, without our express written consent.

 

IP Addresses

  • IPs are to be used along side a valid SSL certificate.
  • IPs are to be used for services that require a dedicated IP and must be approved by staff beforehand.
  • IPs not following these policies will be reclaimed.

Prohibited Offensive Content and Unlawful Activities
Unlawful Activities

The services or third party services will not be used in violation of any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national, or international law, treaty, court order, ordinance, regulation, or administrative rule. This includes, but not limited to:

  • Child pornography
    • Specifically, the services or third party services will not be used to publish, submit, receive, upload, download, post, use, copy, or otherwise produce, transmit, distribute, or store child pornography.
  • Unlawful gambling activities
  • Threats, harassment, and abuse of any individual, organization, or business
  • Fraudulent activities
  • Terrorist websites or other sites advocating human (or animal) violence and hate crimes based on race, gender, sexual orientation, religion, ethnicity, or country of origin
  • Unlawful high yield investment plans, Ponzi schemes, or linking to or advertising these schemes

 

Hacking

The use of the services or third party services for hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without the express written authorization of the owner of the system or network as well as our own written permission.

 

Distribution of Malware

Includes the storage, distribution, fabrication, or use of malware, including virus software, root kits, password crackers, adware, key stroke capture programs, and other programs normally used in malicious activity.


Phishing

Any activity designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses. Splash pages, phishing forms, email distribution, proxy email, or any activity related to phishing activities may result in the immediate suspension of Customer's account.


Denial of Service

Any activity to implement or assist in the implementation of denial of service attack.  the use of services for the organization, propagation, or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers will not use the services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) that may result in attracting inbound denial of service attacks toward the services. Any relation to DoS or DDoS type activity is a direct violation of this AUP.


Threatening Material or Content

Our services or third party services will not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, we reserve the right to decline to provide services or third party services if we find the content obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, treasonous, excessively violent, promoting the use of violence, or otherwise harmful to others (including animals).


Violation of Intellectual Property Rights

Our services or connected third party services will not be used to publish, submit/receive, upload/download, post, use, copy, or otherwise reproduce, transmit, retransmit, distribute, or store any content/material; or engage in any activity that infringes, misappropriates, or otherwise violates the intellectual property, privacy, or publicity rights of or any person. Intellectual property, privacy, and publicity rights include any rights protected by any copyright, patent, service mark, trade dress, trademark, trade secret, right of privacy, right of publicity, moral rights, and any other intellectual property right now known or later recognized by statute, judicial decision, or regulation.
 

Scripts / Code

    PHP, perl, ruby, python, javasript, or any other scripts stored on our systems must be kept up to date.  Any script found not to be up to date will be disabled with or without notice in order to protect the services security.

  • Any script found to violate these policies will be removed or otherwise disabled.
  • Up to date refers to the latest pubically available version of the script / code
  • Plugins, themes, and other such addons are covered under these requirements

 

General Account Requirements

  • You must have valid and current contact information on file
    • This is used for billing and contact purposes and kept for as long as the law allows.
  • All account contacts must be on file via the sub account / contacts option in our system or via a staff note. Any contact made by others not on file will be rejected or require verification by the account owner
  • A secure password and the security question must be used
    • Security question will be used during contact to verify identity and as such the answer will be visible to staff
  • You agree that if our IP addresses assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of these terms. We may take reasonable action to protect IP numbers/block, including suspension and/or termination of your service, regardless of whether the IP addresses were listed as a result of unintentional actions
  • You agree that if you register a DNS record or zone on our managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, we may modify, transfer, or delete such records or zones

 

Billing


Subscription

We offer a subscription based hosting services. Customers may select, dependent on plan / service, between monthly, quarterly, semi-annual, and yearly subscription model. Accepted payment methods include all major credit cards (Visa, MasterCard, Discover, American Express), PayPal, Dwolla and eCheck (via USA Bank only). It is understood that fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription status.  Failure to maintain billing information may result in services being terminated and data loss.  In cases of domains, domains may be lost.

 

Credits

Credits on accounts are non-transferable in any method. Credits shall be used for due invoices.


Delinquent Accounts

Accounts in arrears will be subject to suspension after 10 days, though may be operational for up to 30 days.   Accounts must be paid to date before resuming.  After 30 days of being in arrears, all data within the account will be subject to removal from our servers.  If you elect to continue services after the account is removed, we will attempt restoring of the account with a reconnection fee assessed and paid.  Reconnection fees will be determined on a case by case basis.

  • All Hosting accounts will require the initial payment to be made before services are setup
  • eCheck payments are only accepted for payments after the initial payment and only if a secondary credit card is on file for backup funding.  Additionally, eCheck's are only accepted for USA customers and drawn from USA banks.
  • All fees and/or payments "credited" at our discretion will remain as credits on the account until exhausted.  Any credits on file are not transferable to other forms.

Late Fees

Invoices are subject to a late fee of 5% of the total invoice after 15 days of the invoice due date.

 

Refunds

When outside of a money back guarantee, a prorated (less the current month) refunds may be requested via the billing department.  No refunds are available for domain registration, transfers and other domain related services such as but not limited to ID / whois protection.  Furthermore, absolutely no refunds are available for software, scripts, or other code items once they are downloaded / delivered.   As our payment processors do not refund their transaction fee, any refund may incur an administration fee to cover any fees by the payment processor and any other costs.

 

Cancellation Policy

Services will continue until a proper cancellation request is received.  All cancel requests must be submitted via Service's details page under our Client Area.  Requests via other methods will not be accepted and you will be directed to the proper location to submit a request. 

  • Upon receiving a cancellation request or at the end of the current billing cycle, all data will be removed from the system/servers and your account will be canceled
  • If the cancellation occurs within the first 30 days of service, a full money back request can be requested and may be issued less any merchant processing fees at our discretion
    • VPS / Cloud / Dedicated solutions are not eligible for the 30 day money back guarantee due to the time and resources required to deploy those solutions
  • We recommend customers to pay on a monthly basis. Refunds for longer pre-paid terms may be granted upon cancellation at our sole discretion when outside of the 30 day money back guarantee period. Any refunds will be prorated to unused time, less any merchant processing fees and the current service month.
  • Shared and VPS / Cloud accounts can be cancelled at any time and without prior notice. Cancellations will be processed upon receipt of the cancellation request during normal business hours of 9:00 AM - 5:00 PM EST
  • Dedicated solutions require 30 days written (email / ticket to billing) notice.
  • After the 30 day money back guarantee period mentioned above, we will not provide partial monthly refunds

 

30 Money Back Guarantee

We offer a 30 Day Money Back Guarantee for the following products: Shared Hosting and Reseller Hosting.  Cancel request must be received within the first 30 days of service, else refunds will follow our cancellation policy. If cancel request is received within the first 30 days, a refund will be provided at request during the cancel request process. This guarantee is voided if the terms of service are violated.  This policy does not cover software, scripts, or other coding provided to client. 


SLA Credits

Violations of this agreement or other agreements with us will result in any possible SLA credit to be voided. Any / All  amounts "credited" at our discretion of will remain as credits on the account until exhausted by future debits. SLA credits are to be requested at the end of the month by contacting our billing department, unless the plan provides for automatic credits.


Charge backs / Payment Disputes

We reserve the right to suspend an account when a charge back / payment dispute is received, even if not for the current month.  We further reserve the right to terminate any account when a successful (on customer side) charge back or payment dispute is issued.  Furthermore, a charge back will result in any other service provided but not connected to the charge back to be terminated.  In this event, you shall have 7 days to move those services else where.  Such terminations will result in data loss and backups will not be provided. As such, it is strongly recommended to contact us directly before issuing such actions. Until the charge back or payment dispute is resolved, either successful (on customer side) or not, we reserve the right to suspend said account, all services and support.
 

Domain registrations / renewls

Invoices are to be paid before domains are registered, transferred, or renewed.  In some cases we may except this requirement. 

 

There are absolutely no refunds whole or in part for domain name purchases / renewals, regardless of length of term or accidental / misspelling of the domain name when purchased / renewed. This includes any domains that are renewed via the auto-renewal options.

  • There are no refunds for whois / ID protection.
  •  Renewal notices will be sent out at regular intervals determined by various agencies. It is your responsibility to ensure that domains are renewed before they are expired.
    • If a domain expires and goes in to “redemption period”, any registry fees to recover the domain will be your responsibility and must be paid to us before the domains will be renewed.  
    • It is your responsibility to ensure we have correct contact information, specifically email address.  We will not make guesses at which address to use to notify you of domains expiring.


Jurisdiction, Licenses, Indemnification

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of United States of America, and specifically the state of Georgia, will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of United States of America, and specifically the state of Georgia, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue courts in Georgia, USA in all disputes arising out of or relating to the use of our services.

 

Licenses

Customer expressly grants us a license to cache the entirety of the Customer Content and Customer's website, including content supplied by third parties, hosted by us under this Agreement; and agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.  Furthermore, you grant us a license to store such content.  We, however, can not use your content in any other method beyond to provide the service.

 

Any software license(s) provided to you for services will be owned by us, unless otherwise agreed upon.

 

Indemnification

Customer agrees to indemnify, defend and hold harmless service provider and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.


Backups

Service(s) provided to customer may include backups of account data, web files, email messages files, and databases. However, they are not guaranteed.  Customer is expected to have local backups of data uploaded to our servers.  Support can provide on request the best way to backup your data.  You are responsible for your data.


Updating of these terms

We may update these terms from time to time.  Any major changes will be announced or provided by notice.


Support Abuse

We always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new service provider. We may or may not issue a refund for the unused portion of pre-paid service per our refund policies.

 

Service Level Agreements

Each service will have their own service level agrement and will be listed on the service details page.  Each service level agreement are listed on the service level agreements page on our site and the matching SLA shall be incorporated in to these terms. 

 

Software Specific

Software, scripts, or other code ( also known as software or software items) that we devleop and provide via an order or other means to you have the following additional conditions:

  • No refunds are provided once downloaded or delivered
  • No warranties of any kind are provided
  • Licensed or leased software requires a license key to operate.  Depending on the software and license, this license key may be valid only upon a recurring payment.  Licenses can be deactivated and will be if payment is not received.  We reserve the right to deactivate a license with notice.
  • We will retain all rights to any licensed software
  • We will provide ethical code

 

Version: 0.2.1 - 6/15/2020