All users of CoolHandle’s services, and all customers upon signing up for CoolHandle’s services, agree to comply with CoolHandle’s Terms of Service (“TOS”). The TOS is to ensure customers that are using CoolHandle’s services with due regard to the rights of other Internet users and in conformity with the requirements of CoolHandle’s network environment. The TOS are not exhaustive and CoolHandle reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.coolhandle.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to our support staff.
Except when expressly agreed to the contrary in writing by an authorized representative of CoolHandle, this TOS supersedes any other agreement with CoolHandle, whether written, oral, by conduct, or otherwise.
The following Terms of Service apply only to CoolHandle’s Web Hosting customers, and supplement the terms in sections C and D that apply to all CoolHandle customers:
Any Web site that uses an extremely high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. CoolHandle will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to CoolHandle’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a CoolHandle server, and selling or distributing software (on a Web site residing on a CoolHandle server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. CoolHandle reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. CoolHandle does not permit CGI script sharing with domains not hosted by CoolHandle or any scripts that may be abused for UCE purposes.
CoolHandle may request addition information from customers to verify their identity. CoolHandle reserves the right to determine, in its sole and absolute discretion, what information is required to validate a customers identity.
CoolHandle takes our customers security very seriously. Our Linux-based hosting services offer the ability to use Shell / SSH access. This access is enabled by request of the customer after the order has been completely created. In order to request shell / ssh access to be enabled on your account, you will need to create a support request and supply a scanned copy of the following item to verify your identity:
CoolHandle requires correct username and password information to be maintained for all services offered. This applies to, but not limited to, dedicated servers, shared hosting, and reseller hosting. If this information is not kept up to date, CoolHandle, in its sole discretion, take any necessary actions to gain access to an account.
If CoolHandle is unable to gain access to an account, CoolHandle may suspend and/or terminate an account without notice to the customer. IT IS THE SOLE REQUIREMENT OF THE CUSTOMER TO KEEP ACCOUNT INFORMATION UP TO DATE AT ALL TIMES. ACCOUNT INFORMATION IS DEFINED AS LOG IN INFORMATION, CONTACT DETAILS, BILLING INFORMATION, AND ANY OTHER PARAMETERS OF CoolHandle SERVICE.
CoolHandle does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted.
CoolHandle may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact CoolHandle so that we can arrange set-up.
CoolHandle does not allow IRC or IRC bots to be operated by Web Hosting customers.
CoolHandle’s Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales department to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. CoolHandle Web Hosting accounts are not to be used for the purposes of distributing and storing unusual large amounts of multimedia files. Any Web site must link to at least 80% of stored multimedia files.
Any database stored on CoolHandle’s Web Hosting servers will be limited in size to 10% of the total disk space used for that particular hosting account.
CoolHandle reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. CoolHandle reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. DEDICATED SERVERS ARE NOT BACKED UP BY US AND IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO MAINTAIN BACKUPS OR HAVE A SOLUTION FOR THIS. PLEASE CONTACT OUR STAFF IF YOU WISH TO DISCUSS BACKUP OPTIONS. IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS.
The following Terms of Service apply to ALL CoolHandle customers:
CoolHandle’s services include, but are not limited to:
CoolHandle has the right to email you about marketing campaigns and promotions.
The legal owner of customers’ Web sites and accounts with CoolHandle will be the individual or organization whose name is listed in CoolHandle’s database as the owner. Customers will fully cooperate with and abide by any and all of CoolHandle’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with CoolHandle.
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and CoolHandle shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).
At least 2 weeks in advance, CoolHandle shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
CoolHandle has the right to delete all content stored in any of customer’s spam folders or email accounts for 60 days or more.
Please see our Support Statement. Click here to see the Support Statement.
CoolHandle servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Additionally, in purchasing CoolHandle services, all CoolHandle customers certify that they and/or the organization they represent in procuring services from CoolHandle are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to CoolHandle’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a CoolHandle server, and selling or distributing software (on a Web site residing on a CoolHandle server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. CoolHandle reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by an individual account.
If any services/product is the target of a denial of service attack (“DOS”) or distributed denial of service attack (“DDOS”), CoolHandle in its sole discretion may suspend or terminate that account without notice. Any account that is suspended or terminated due to a DOS / DDOS may no longer be offered CoolHandle services.
Any account that is disabled or terminated due to abuse is not eligible for any refund, full or partial. Any refund that is offered is strictly the decision of the administration.
CoolHandle does not set an arbitrary limit or cap on a number of resources a single Client can use. In good faith and subject to these Terms, CoolHandle makes every commercially reasonable effort to provide its Clients with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Client’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Clients as they grow their websites. As a result, a typical website may experience periods of great popularity and result increased storage without experiencing any associated increase in hosting charges.
CoolHandle employs complex mechanisms to protect its Clients and systems from abuse. CoolHandle’s offering of “unlimited” services is not intended to allow the actions of a single or few Clients to unfairly or adversely impact the experience of other Clients.
CoolHandle’s service is a shared hosting service, which means that multiple Client websites are hosted on the same server and share server resources. CoolHandle’s service is designed to meet the typical needs of small business and home business website Clients in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
CoolHandle will make every commercially reasonable effort to provide additional resources to Clients who are using their website(s) consistent with these Terms, including moving Clients to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Clients, CoolHandle does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until CoolHandle can evaluate said sites resource needs.
CoolHandle does not set arbitrary limits on the amount of disk space a Client can use for the Client’s website, nor does CoolHandle charge additional fees based on an increased amount of storage used, provided the Client’s use of storage complies with these Terms. Please note, however, that the CoolHandle service is designed to host websites. CoolHandle does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Client’s account, with or without notice. Accounts with an excessive number of files negatively affect the performance of the server and CoolHandle may request that the number of files be reduced to ensure proper performance.
CoolHandle does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Client can upload to his/her/its website in a given month, nor does CoolHandle charge additional fees based on increased use of bandwidth, as long as the Client’s use of the Services complies with these Terms. In most cases, a Client’s web site will be able to support as much traffic as the Client can legitimately acquire. However, CoolHandle reserves the right to limit processor time, bandwidth, or processes, memory, or a number of files in cases where it is necessary to prevent negatively impacting other Clients.
Use of CoolHandle’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use CoolHandle’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Using your web hosting account as a backup/storage device is not permitted, with the exception of one cPanel and/or Plesk backup of the same account. You may only have 1 online backup for your PUBLIC HTML directory only. The backup may not exceed more then 5GB.
Examples of unacceptable material on all hosting accounts include, but not limited to, are:
* Torrent Software
* Torrent data / files / materials
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to Rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Any adult or “X-Rated” Content
In the event that your shared or reseller server has a physical downtime that is not within the 99.9% up-time you may receive one month of credit on your account. Any 3rd party monitoring service reports may not be used due to a variety of factors. The up-time of the server is defined as the reported up-time from the operating system. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time. To request a credit, please contact our support department.
Unless otherwise specified, only new customers qualify for any promotional pricing and limitations. Additionally, promotional offers are only good for 1 order per customer. Customer may purchase additional services at a regular price. Customers may not open multiple accounts with similar or identical billing information to gain discounted rates for promotions.
Certain products or services are included for free during the initial sign-up may only be free for a particular period of time. After their free introductory period, standard pricing may apply.
Any service that comes with a free dedicated IP address is only free for 1 year on plans that are 1 year or more. Plans that are less than 1 year receive a free dedicated IP address for their first billing cycle.
Any domain name that is offered free during the initial purchase is ONLY free for the first year of registration. After the first year, the domain will renew at regular rates. Free domain names may only be redeemed during the first 15 days after the initial purchase.
Any customer with at least 1 hosting service may refer customers to CoolHandle using our Referral Program. A customer may earn up to $50 for each referral. Each person that is referred to CoolHandle using an existing customers referral coupon code will receive $50 off any hosting service.
CoolHandle, in its sole discretion, has the right to discontinue the referral program at anytime, without notice.
Unless otherwise specified, CoolHandle may, at its sole discretion, determine software or actions that are deemed server, network, or other abuse. We may take any actions necessary to remedy the abuse.
The following Terms of Service constitute CoolHandle’s Billing Policy and apply to ALL CoolHandle customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. CoolHandle only accepts the following types of payment:
WE DO NOT ACCEPT ANY OTHER FORMS OF PAYMENT. DO NOT SEND ANY PAYMENTS TO OUR MAILING ADDRESS.
All payments are due on the Account Statement Date or earlier. The Account Statement Date is the anniversary of the date the account was activated. If you provide CoolHandle your credit card information, you authorize CoolHandle to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with CoolHandle’s Billing Policy in the TOS. You are responsible for directly updating, or notifying CoolHandle, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within seven (7) days of the Account Statement Date.
Accounts that are two (2) days past due will be automatically suspended. All past due and unpaid balances may be subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
In order for us to offer you uninterrupted service, we require a billing method to be on file at all times. The billing method may be a valid credit card or PayPal. If a valid form of payment is not available on your account, your account may be suspended until which time your account is updated with a valid payment method.
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
All billing cycles are pre-paid for the entire term selected. For example, if you select a 3-month billing cycle, you will pay for the entire 3 months at the initial point of purchase. This applies to all billing cycles offered.
CoolHandle does not mail paper invoices or statements. Statements can be viewed and printed through the client area.
Certain actions or requests require additional fees.
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must contact submit CoolHandle’s cancellation form. Please be aware that there are no pro-rated refunds. Please contact our customer service team through the support area of our website by creating a support ticket.
Upon termination or expiry of these Terms of Service for whatever reason you shall pay immediately all fees and/or additional charges which remain outstanding under these Terms of Service to CoolHandle Hosting within ten (10) working days. You shall be responsible for renewing the registration of any domain name(s) and for finding a new host for the respective domain name(s). CoolHandle Hosting shall without prior notice cease hosting a domain name(s) 30 calendar days from and including the date of termination or expiry of these Terms of Service notwithstanding the fact that you have not found an alternative host for the respective domain name(s).
CoolHandle does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to CoolHandle’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. CoolHandle Corporation reserves the right to cancel any account, at any time, without notice, for any reason CoolHandle considers appropriate.
If you wish to cancel your service, please review the following article:
How can I cancel my account?
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your submission of the CoolHandle cancelation form (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to CoolHandle for the initial term ("Money-Back Guarantee Refund"). Requests for these refunds must be made through the Coolhandle cancellation form ONLY; no other forms of cancellations will be accepted. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
CoolHandle’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Credit balances may be used for hosting services and renewals, add-on services and renewals, and SSL certificates and renewals. Credit balances cannot be used for domain name purchases or renewals.
CoolHandle, in its sole discretion, may terminate any or all services that are associated with the disputed payment method without further communication with the customer. Any disputes filed with any financial institution will void any contract.
CoolHandle, in its sole discretion, may cease to do business and communicate with any person and/or company that filed a dispute/chargeback with their financial institution.
We stand behind everything we sell and will work tirelessly to make sure you are happy with your CoolHandle services. Because our company was created by experienced web hosting specialists, we strive to be the best web hosting service on the Internet. If you are not satisfied with our services, please contact us immediately and we will correct the situation, or offer credit that can be used for future services. Although we will offer a credit toward that can be used at a later time, we do not offer full or partial refunds.
Some of CoolHandle’s services include complementary products or other services. The complementary products or other services may not be available with certain billing cycles or promotions. CoolHandle may, at its sole discretion, determine what packages, billing cycles, and other terms are applicable for complementary products and services.
CoolHandle strives to offer the highest level of service. As part of offering you the most efficient service, CoolHandle may, from time to time, add certain features and/or services to your hosting package that CoolHandle believes will enhance the performance of your hosting. The additional features and/or services may or may not have a cost associated with them. If the additional features require additional charges, which are not already included in your package, the payment method you have on file with CoolHandle will be charged directly. If you choose not to participate in these additions or believe that you do not require the upgraded features, please contact the CoolHandle support staff to opt out of this program.
Neither free or paid transfer services carry any guarantee.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. We will not attempt transfers larger then 10GB.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All CoolHandle customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a CoolHandle customer (per the DMCA) to CoolHandle must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at CoolHandle’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
CoolHandle is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that CoolHandle will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that CoolHandle must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that CoolHandle may do so by disabling access to your entire web site.
DMCA Counter Notification Requirements:
The use of CoolHandle’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CoolHandle is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
CoolHandle is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CoolHandle urges its customers to assume that all of their on-line communications are insecure. CoolHandle cannot take any responsibility for the security of information transmitted over CoolHandle’s facilities. Additional details on privacy and CoolHandle’s use of customer information can be found in CoolHandle’s Privacy Statement.
Customers are required to use the CoolHandle network responsibly. This includes respecting the other customers of CoolHandle. CoolHandle reserves the right to suspend and/or cancel service with any customer who uses the CoolHandle network in such a way that adversely affects other CoolHandle customers. While CoolHandle may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, CoolHandle does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when CoolHandle becomes aware of any violation of the TOS or other user agreements, CoolHandle may take any action to stop or correct such violation, including, but not limited to, denying access to CoolHandle’s services and equipment or to the Internet. In addition, CoolHandle may take action against a customer or a customer of such customer because of the activities of such customer. CoolHandle anticipates that customers who offer Internet services will cooperate with CoolHandle in any corrective or preventive action that CoolHandle deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CoolHandle policy and CoolHandle reserves the right to take any such action even though such action may affect other customers of the CoolHandle customer.
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. CoolHandle will be the sole arbiter as to what constitutes a violation of the TOS. CoolHandle reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When CoolHandle becomes aware of an alleged violation of its TOS, CoolHandle will initiate an investigation. During the investigation, CoolHandle may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, CoolHandle may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, CoolHandle will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. CoolHandle does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by CoolHandle.
CoolHandle customers agree to protect, defend, hold harmless, and indemnify CoolHandle, any third party entity related to CoolHandle (including, without limitation, third party vendors), and CoolHandle’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of CoolHandle’s services.
The CoolHandle service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CoolHandle expressly disclaims any representation or warranty that the CoolHandle service will be error-free, secure or uninterrupted. No oral advice or written information given by CoolHandle, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CoolHandle and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, CoolHandle may immediately terminate provision of CoolHandle’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against CoolHandle in such event.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CoolHandle (INCLUDING, WITHOUT LIMITATION, CoolHandle’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CoolHandle’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CoolHandle SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CoolHandle SERVICES EVEN IF CoolHandle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CoolHandle’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR CoolHandle’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CoolHandle OR CoolHandle’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
CoolHandle may, without notice to customer, discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with CoolHandle’s services. Certain changes to CoolHandle’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and CoolHandle is not liable, for any and all such personalized applications and content.
Customers are solely and entirely responsible for their data and backup of their data, and CoolHandle is in NO way responsible for the management and backup of any customer data, and any updates, upgrades, and patches to any software that customers use in connection with CoolHandle services. CoolHandle will not attempt to backup any account larger the 5GB.
For its own operational efficiencies and purposes, CoolHandle from time to time backs up data on its servers, but is under no obligation or duty to customers to do so under these Terms. IT IS SOLELY CUSTOMERS’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMERS FILES AND DATA ON CoolHandle SERVERS, AND under no circumstance will CoolHandle be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customers FILES AND/OR data on any CoolHandle server.
CoolHandle makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third-party entities. However, CoolHandle makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, CoolHandle specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold CoolHandle liable in any way for the revocation of any license, which has been licensed to CoolHandle. The use of the Technologies obtained from or through CoolHandle, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-CoolHandle products by CoolHandle, its employees, or any third party entity related to CoolHandle is for information purposes only and does not constitute an endorsement or recommendation by CoolHandle. CoolHandle disclaims any and all liabilities for any representation or warranty made by the vendors of such non-CoolHandle products or services.
Customers will not, without CoolHandle’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on CoolHandle’s Web site, and customers will not use any of CoolHandle’s trademarks, service marks, copyrighted materials, or other intellectual property without CoolHandle’s express written consent. Customers will not, in any way, misrepresent their relationship with CoolHandle, attempt to pass themselves off as CoolHandle, or claim that customers are CoolHandle.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for CoolHandle’s services, either in whole or in part, without the prior written consent of CoolHandle.
CoolHandle customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a CoolHandle customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for CoolHandle services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains CoolHandle’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for CoolHandle’s services will be deemed null and void to the extent that CoolHandle will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of CoolHandle’s services.
The TOS, and any other agreement for CoolHandle services will be governed by and construed in accordance with the laws of the country of The United States of America, within the state of California without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and CoolHandle will take place in California, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other CoolHandle agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
CoolHandle will not be liable for delays in its performance of the TOS or CoolHandle services caused by circumstances beyond CoolHandle’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). CoolHandle will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due .Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for CoolHandle services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of CoolHandle.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal, and agent, partnership or joint venture between CoolHandle and its customers. Each of CoolHandle and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
The TOS, and/or any other specific agreement for CoolHandle services, constitutes the complete understanding and agreement between CoolHandle and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of CoolHandle, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for CoolHandle services is between CoolHandle and its customers only and will not confer any rights in any third party except as otherwise expressly provided by CoolHandle.
You agree that certain services may be provided by third party providers of CoolHandle and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
In order to provide the highest level of service, CoolHandle in its sole discretion, may share your contact details with third parties to facilitate additional services, promotions, and other services as they relate to your website and Internet usage.
CoolHandle is not responsible for any incorrect or outdated information contained on Coolhandle.com, support.coolhandle.com, secure.coolhandle.com, as well as any other website owned by CoolHandle. Any incorrect or outdated information needs to be brought to the attention of the staff.
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if CoolHandle or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If CoolHandle provides the particular Proxy Services, then CoolHandle reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
CoolHandle reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassment or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) CoolHandle’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to CoolHandle as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
Any terms or other materials contained in the CoolHandle Terms of Service may be changed at anytime without notice.