Cooldotz Terms of Service
Privacy
90 Day Guarantee – Uptime Guarantee
New Accounts
Domain Names and Domain Transfers
Content
Liabilities
Payments
Overage Charges
Cancellations
Refunds/Account Termination/Chargebacks
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 accounts, web hosting and design work, excluding Dedicated Servers.
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 credit/refunds or processed and distributed via company check.
99.9% Uptime Guarantee – Web Hosting
99.9% = 44 minutes of downtime per month or less.
1. 100% to 99.5% will result in a credit of: 0%
3. 98% to 99.5% will result in a credit of: 5%
4. 95% to 97.9% will result in a credit of: 25% – Plus a Free Month
5. 90% to 94.9% will result in a credit of: 50% – Plus a Free Month
6. 89% or below will result in a credit of: 100% – Plus a Free Month
"Uptime" refers to the amount of time the Services are available, as measured solely and only by Cooldotz's internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by Cooldotz's internal monitoring systems. Cooldotz guarantees that it's Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, Cooldotz will credit your account in an amount as determined in the chart above, reflecting credit percentages of the monthly fees paid by You to Cooldotz for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
To receive a credit, You must make a request by sending an email message to billing@cooldotz.com. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by Cooldotz within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Cooldotz, credit will be applied to Your Cooldotz account within thirty (30) days of receipt of your credit request.
The total amount credited to you in a particular month under this Agreement shall not exceed the total amount of fees paid by you for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by Cooldotz and are your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Cooldotz to provide credit to You:
1. Emergency maintenance.
2. Scheduled maintenance.
3. System upgrades.
4. Domain name system (DNS) problems outside of Cooldotz's control.
5. Issues with FTP, POP, IMAP, or SMTP customer access.
6. Acts or omissions by You or any of Your employees or agents, resulting in downtime.
7. Any negligence, willful misconduct, or use of the services in breach of Cooldotz's Acceptable Use Policy.
8. Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Cooldotz servers.
Force Majeure
Cooldotz shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
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
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 nameservers.
Propagation
When changing your DNS to point to our servers, there is a time resolving consideration called propagation. When you make the change at your registrar to our nameservers, it could take up to 48 hours to resolve web wide. Although the timing is much better today than in previous years, there will be delays until all the root dns servers "catch up".
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 time frame 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) to ten (10) 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/Chargebacks
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.
IMPORTANT NOTE: PayPal Refunds – PayPal Cancellations – PayPal Chargebacks
PayPal Refunds : Please take note. We do not provide refunds via PayPal under any circumstances. If you've paid via PayPal and request a refund, the refund will be made via company check. This is due to the fees associated with sending and receiving PayPal payments.
PayPal Cancellations : If you're cancelling service with us and are subscribed via PayPal, usually for monthly or annual auto subscriptions, after notifying us of your termination request, you must login to your PayPal account and cancel the subscription there. We can cancel service, however the PayPal subscription can only be cancelled by the account holder in the PayPal user control.
PayPal Chargebacks : Cooldotz makes every effort to provide reasonable response to any requested refunds in accordance with our policies. We do not, and will not however, acknowledge any PayPal claims due to prior abuse of this PayPal policy. We maintain virtually no balance in the PayPal account and only use it for client benefits. Any PayPal claims will actually result in only causing more time for clients to receive a refund.
Any and all requests for refunds must be submitted to either email, billing@cooldotz.com, or through the HELPDESK.
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.
These policies may change from time to time and could be updated here at anytime.
Should you need clarification on any of the polices, please contact us.
These policies may change from time to time and could be updated here at anytime.
