Service Agreement Rev 11.1.06

Service is very important to us and ColdFusionWebsiteHosting.com (CFWSH) will make every effort to resolve any issue quickly.  However, if you are not completely satisfied, you will be entitled to a pro-rated refund.

We apologize in advance for creating this AUP. This policy protects both of us and was created only out of necessity to avoid billing issues, support assumptions and misunderstandings. If customer does not understand or agree with this policy, you must contact us via phone within 5 business days of activation to request clarification and/or termination without penalty. Continued use of our services after the initial 5-day account activation period constitutes acceptance of this AUP - there are no exceptions.

All of the terms & conditions mentioned below are a matter of policy and intended to avoid any possible misunderstandings that may arise. Most matters can be resolved quickly via telephone.

• CFWSH does not allow pornographic material.
• CFWSH does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
• CFWSH reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:

Abuse of our servers - either intentional or due to improper coding

Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators", copyrighted audio or video files without written consent from the legal copyright owner. Additionally, CFWSH reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.

Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, excessive resource usage or 'core dumping'.

Attempts to exploit or circumvent any of security issues on our servers or infrastructure.

GENERAL USE
1.1     We do not allow adult-oriented sites or the solicitation of illegal activities on any of its servers. Customers found distributing this type of material will be terminated and billed $500 per incident.

1.1a     We do not allow software (freeware, shareware, third-party apps, etc) to be stored or downloaded from our servers.  This includes music & video files that you have not produced and/or own copyright to. Customers found distributing these type of files will be terminated and account information will be forwarded to the FBI for investigation. 

1.1c     We do not allow abuse of server resources of any kind, including but not limited to excessive disk space & bandwidth utilization, spamming, unsecured CFMX/ASP/PHP scripts, illegal audio/video streaming which causes high CPU utilization or overall server performance issues. Customers in violation of this policy will be contacted to correct the problem within 48 hours and if not corrected, are subject to accounts suspension.

1.2     Customer understands that our equipment and/or vendor property is to be used only for lawful purposes. Customer takes full responsibility for any wrongful actions he or she commits or allows being committed using our equipment or vendor-owned property.  We or other relevant authorities may determine inappropriate usage of this service and your user account may be revoked at our discretion.

1.3     Customer shall indemnify ColdFusionWebsiteHosting and its parent company syncronicity against any and all damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from any negligent act or omission or misconduct of customer, or its employees, agents or sub-contractors, and for any breach by customer of any term or condition of this agreement.

1.4     In no event shall we be liable for loss of profits, indirect, incidental, special, consequential, or other similar damages, arising out of the performance of this agreement. In the event any remedy fails of its essential purpose, or in any other event, our liability shall not exceed the amount of monthly fee paid to us by customer under this agreement.

1.5     Our service is provided on an "as-is", "as-available" basis without warranties of any kind, either express or implied.  We expressly disclaim any representation or warranty that the service will be error-free, secure or uninterrupted.  No oral advice or written information given by ColdFusionWebsiteHosting and its parent company Syncronicity, it's employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.

Limitation of liability. 
Under no circumstances, including negligence, will ColdFusionWebsiteHosting, its parent company syncronicity, or one of its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our servers or the Internet, including but not limited to reliance on any information obtained via the our service or obtained from the Internet; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to records, programs or services.  You hereby acknowledge that this provision will apply whether or not you are given notice of the possibility of such damages and that the provision will apply to all content, merchandise or services available from us.

1.6     We are not liable for backups for any person or company who we provide hosting services for. It is the customers' responsibility to make backups of your materials (html, images, databases) on a regular basis (or as often as you feel necessary). Although we perform routine backups internally, we cannot guarantee any restoration of lost customer data.  We assume no legal or monetary liability for website content or database materials housed on our virtual servers that is lost for any reason unless the individual client contract specifies otherwise.

1.7     We strongly recommend that customers practice common-sense security procedures by refraining from storing credit card information or any proprietary data within their web/ftp space without the use of very strong encryption software. The Internet is a shared public network with access by hundreds of millions of people - therefore we assume no responsibility for the loss or theft of credit card or propriety information unless otherwise specified in your monthly or annual service contract.

1.8     Web and e-mail hosting customers are fully responsible for protecting their personal property (PC's/Networks) against viruses, adware, trojan horses and any other internet-related bug/vulnerability. It is your responsibility to maintain current virus definitions, adequate firewall software, O/S and browser upgrades and software application patches which help reduce your risk of infection/vulnerability.  In some cases we are able to help customers troubleshoot and repair their computers via phone. Call for fees. Additionally, we would be happy to recommend a qualified technician that can come to your home/office.

1.9   SPAM, JUNK MAIL, FORM-MAIL & GENERAL SERVER ABUSES
We require all form-mail and file-upload scripting code to be free from any known bugs, hacks and vulnerabilities.  It is the sole responsibility of your webmaster to ensure that your domain is free from such attacks such as e-mail header injection scripts which can be used to send out tens of thousands of e-mail messages (usually spam) from your website or to attempt to upload files to our servers. Vulnerable or un-secure code includes scripts written in PHP, Cold Fusion, ASP, FrontPage and/or java-script forms where code is not protected from use by others outside your domain. Failure to protect or secure your domain may result in account termination as well as fines of up to $350 per incident.  These fines are imposed on us by the data center where our servers are hosted.  Customer (you) accepts full responsibility for any and all fines incurred by us if your website is used for any type of abuse mentioned above.

1.10   Customers have full FTP access 24/7 and are able (strongly encouraged) to make backups at their convenience as many times per month as needed.  We are not responsible for creating backups or archiving client data unless specified in writing. Although we routinely backup data on a daily/weekly basis, these are used for internal disaster recovery events such as hardware (disk) or software server emergencies only.  Do yourself a favor, make backups regularly - there's no extra charge to do it - so be pro-active and schedule it often.

1.11   In order to avoid the constant mail server "blacklisting", we may have to suspend or delete mail forwarding accounts to ISP's such as Comcast, MSN or AOL.  While we understand the need to forward mail from one domain to another, it is always best to send and receive mail from your domain.

1.12  CPU abuse is bad for all clients in a shared hosting environment.  We continually monitor the performance loads on all of our web servers and in the past three years have experienced higher than normal CPU usage - specifically from Cold Fusion based websites using Microsoft Access databases over 10MB.  If your Access database grows beyond 10MB and it crashes, becomes corrupt or otherwise causes performance issues for other clients in our shared environment, we will immediately warn you of the situation via e-mail and strongly encourage you to upsize to either mySQL or MSSQL server.  Please take this seriously.  Failure to comply with 5 business days may result in the de-activation of your database and or eventual termination of the website until the problem is corrected.  We will assist you in migrating (upsizing) your database to SQL at no additional charge, however assistance with any HTML coding that may be required is available on a hourly basis.

2.  BILLING AND PAYMENTS
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.

2.1     One-time account activation and/or new domain registration set up fees are non-refundable. Some service upgrades and options are assessed a nominal one-time activation where applicable and are also non-refundable.

2.2     Billing for services begins at the time your request for service is activated on our servers. There are no exceptions.  Once payment is received, we will send out a confirmation message via e-mail, fax or phone immediately after the account is established notifying the client that the account has been activated.

2.3     Payment is due at the time service is requested. Your username and password will be sent to you when payment is received and confirmed. All payments shall be made via credit card or via check with prior approval.

2.4     All accounts are billed on a quarterly, semi-annual, annual or multi-year basis - depending on the discounted plan you selected at the time you placed an order.

2.5     Payment in full is due on the date indicated on the invoice.  For new customers, you will not receive account login information until payment has cleared.

2.5b   For existing renewal customers, we will send out renewal invoices at least 10 days in advance and payments must be received on or before the renewal due date.  Failure to pay by the due date will be automatically placed on administrative hold ("suspended").  Failure to pay within 5 business days after the due date will result in account termination.  We have learned over the past 11 years that chasing down deadbeat clients is a waste of staff resources and we have unfortunately been forced to take extreme measures.

2.6    Accounts which have been terminated (deleted) can be re-activated only after payment in full is received plus a $50 sys admin fee.  Web, FTP and databases can be fully restored but mail accounts can not, so once mail has been deleted, there is no way for us to recover any messages.

2.7     Annual pre-paid plans.
If you subscribe to one of our discounted annual or multi-year pre-paid plans in order to take advantage of additional discounts - then decide to switch providers or cancel service before your term is completed, you will be eligible for a pro-rated refund based on current quarterly hosting fees during the time your plan was active.  A refund in the amount of the difference will be refunded within 5 business days.

2.8    Customers who have pre-paid for service can upgrade their account plans at any time. We will review your current account balance, apply the new rate plan, and will adjust the amount of pre-paid time remaining on your service contract.

2.9    Customer accounts requiring higher than normal CPU, disk, bandwidth and server memory allocations are subject to additional resource utilization fees ranging from $125-225 per month. Customer will be contacted a minimum of 10-days in advance to notify of any pending increases and/or to discuss managed dedicated server options.  Nobody likes surprises, so we can assure you that we will not send you an invoice for any overages without plenty of advance notice - in which case you could correct the problem, upgrade or switch providers.

2.10    Advanced Spam & Virus Filtering is available @ $1.95/mailbox per month. Blocks of "Email Defense Service" (EDS) accounts may be purchased at a discounted rate - please contact our sales department.

2.11    There is no fee to activate auto response/vacation messaging or mail forwarding.  Customers have access to a browser enabled mail configuration page and can customize their mail settings/options 24 hours a day.  We will gladly assist you in creating a mail auto-responder and training you how make changes.

2.12    Any additional services requested outside the scope of the services offered as part of your hosting service plan are available at a rate of $45-125/hour.  These services include, but are not limited to, training, consulting services, troubleshooting & repairing broken code, file retrieval from tape backup ("archives"), uploading HTML or graphic files which you provide on ZIP diskettes or CD-ROM to our servers.

2.13    Some service upgrades and options (add-ons) may require a nominal one-time activation fee. Refer to your specific plan for options and applicable rates.

3.  SERVICE CANCELLATION

3.1    We have an 11-year reputation for delivering exceptional customer support services.  However, if a customer is not completely satisfied with the service(s) we provide directly or through our outsourcing partners, you have the right to cancel your service without an early termination penalty. Customer MUST make us aware (via phone or e-mail) of any technical issues and more importantly, give us an opportunity to validate and correct the issue(s).  We take a great deal of pride in our work and will do whatever we can to earn your business long-term.

3.2    Customer agrees to notify us via e-mail 30 days prior to account cancellation and agrees to pay any remaining account balances (if applicable) via credit card the same day the termination request is received in our office.

3.3    All services will be terminated immediately or according to the specific termination instructions on your fax or e-mail. Account cancellations that do not provide 30 days advance notice (per 3.2) will not be eligible for a refund.

3.4    Accounts will not be considered closed when you change the DNS records to another ISP or webhost without notifying us first as described in section 3.2 & 3.3.  Account cancellations that do not provide 30 days advance notice (per 3.2) will not be eligible for a refund.

3.4a    We assume no responsibility for loss of data (web/mail) as a result of improperly terminated accounts. We strongly recommend that all customers coordinate the transfer from our servers to their new provider's servers to ensure a smooth transition - this includes making sure you have good recent data backups before changing the DNS servers. Failing to coordinate or communicate clearly can cause an interruption in services which makes everyone look bad and causes bad business relations.

3.4b    Customer reserves the right to cancel the initial termination request.  In such cases, customer MUST send a written request via e-mail requesting that we re-activate all services specified in such message. It sounds odd...but it does happen.

3.5    Modifications.
We reserve the right to modify this AUP without notice in at our sole discretion. Such modifications shall be effective when posted. A link to this AUP is printed on all invoices and it is the customer's responsibility to make sure they understand and agree to it while they remain an active customer. Your initial payment received from you for services indicated on your billing statement constitutes acceptance of these terms.

3.6    In the event of any termination for breach of this agreement you may not establish a new subscription with us for a period of one year from the date of termination. Customers who previously had accounts terminated due to lack of payment are no longer welcome on our network or servers.  After account has been termination, we will not be obligated to provide you with access to any stored e-mail or content related to your account.

4.  CGI SCRIPTS, WEB STATS AND OTHER TECHNICAL SUPPORT ISSUES

4.1    We are not responsible for poorly written applications and coding errors that cause performance problems. Our software engineering staff is available (for a fee) to assist with with coding and database issues. Please contact us for support.

4.2     Customer understands that we are a web hosting provider and that we are not responsible for technical support issues relating to your Internet Service Provider (i.e.: slow access speeds, old software, connection issues, etc.).  We can assist with these types of issues at a rate of $35/per hour with a 30-minute minimum.

4.2a    Some of our hardware/software and backend infrastructure as well as system administration support services may be contracted out to our data center staff. There may be instances when you will be referred directly to them for support issues beyond our immediate control.  Rest assured, your satisfaction is always guaranteed. If you feel you are not getting an issue resolved in a timely manner, please contact your personal account manager via emergency support pager 24/7/365.

4.3     Web site maintenance can be performed 24 hours a day via FTP. We are not responsible for poorly written source code or scripts which result in broken links, inaccessible areas or slow server response times on your web site.  Please consult directly with your webmaster to ensure the accuracy and efficiency of your files before uploading them to the server.

4.4     Upon request, we will set up web statistics viewing for our clients FREE of charge. If you would like us to configure web site statistic viewing, you must contact us to request it. Customers can review their site statistics anytime, 24 hours a day and have the option of downloading/saving the results directly to their computer for future review and manipulation or simply printing them for future review.

4.5    We strongly urges clients to download or print your web stats on a regular basis. Although our web stat policy guarantees access to your web site statistical data, there is no guarantee how long the log files will remain active.

4.6    We can provide support for third party software products like bulletin boards, shopping carts, guest books, hit counters, etc. However, there is a nominal system administration set up fee to install these. It's always best to ask first.

4.6b   Effective April 1, 2005, we will no longer provide FREE software upgrades or security patches for third-party add-on software programs (ie: bulletin boards, etc). Our staff is available to assist with these type of support requests at a rate of $55/hr. Additionally, it's important to note that sites which are not upgraded or patched are vulnerable to hackers, so we reserve the right to terminate any non-patched sites as needed to protect our web/mail servers.

4.6c    We reserve the right to not install or discontinue use of any third-party scripts or databases that we feel pose a security risk or that require high than normal CPU resources on our servers.

4.6d    Customers who install third-party software applications such as PHPBB will not be allowed to use the "private messaging", "message notification" or "avatar" features.  This policy is in effect to circumvent security vulnerabilities.  We reserve the right to terminate access to any third-party application that is not "patched" on a regular basis.  Proceed with caution.

4.7    We offer free, unlimited technical support via phone for the first 90 days your account is established.  After 90 days, all non-emergency server support must be submitted via e-mail.  Advanced hourly or monthly retainer support packages are available for high-demand end users. 

5.  DOMAIN NAMES & REGISTRATION

5.1     We do not charge a fee to transfer your existing domain or to set up a new domain for your "virtual" web site at the time your new account is activated. However, we will charge a one-time $15 domain-processing fee to register additional domain name(s) for your business.  There is no limit to the number of domains you can register.

5.2     We will help register or transfer a domain name to our servers per your request. Network Solutions, DomainSite, GoDaddy, Register.com and OpenSRS are reputable registrars and their fees can range anywhere between $9-35 per year.

5.3     If requesting the registration of a domain name, you certify that to the best of your knowledge the use of this name does not violate the trademark, service mark, or other proprietary name or mark of any other person or entity.  Registering a domain name does not infer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties.

5.4     Additional domain "pointers" in excess of your account package may be purchased. Please refer to our Domain Name "pointing" service for specific details.

5.5     Domain Name Parking only customers are not allocated web space. All "parked" domain names will be temporarily pointed at our root-level domain (ColdFusionWebsiteHosting.com.net) until the customer signs up for a VP hosting package or our DNS Plus service.

6.  SSL CERTIFICATES

6.1     Customers can request a Private SSL certificate (required for secure server-browser communications). First year fee is $149 and includes a one year certificate from Thawte, GeoTrust or Comodo. Annual renewal fees range from $89-$169 depending on the ssl cert issuer and/or the level of encryption and protection services you require.

6.2     Some SSL certification applications require the completion and submission paperwork to authenticate your business and may be mandatory before a certificate will be issued. The normal SSL cert process can take anywhere from 30 minutes to a week - but can sometimes be expedited if you have a Dunn & Bradstreet number (DUNN).

6.3     Unless otherwise requested, all SSL certificates are regular 128bit strength. If you require stronger encryption, the certificate authority (CA) does charge a bit more - call for a quote.

6.4     Customer understands that simply having an SSL certificate does not necessarily protect data submitted via form-mail scripts. Only the data communications between the clients web browser and the server is encrypted. Form scripts that capture data and save it to the server as a file or scripts that encrypt the email via a "wrapper" are considered "secure". Customer is responsible for protecting their websites accordingly by ensuring your webmaster is knowledgeable in this area.

6.5     Customer understands that they should not store or maintain credit card information on a shared web hosting server. Customer is responsible for protecting their clients credit card or personal information. If you need to store or maintain credit card information for long periods of time, you should consider a "dedicated" server with dedicated firewalls, etc. These services are available to you, please contact us for a quote.

7.  WEB HOSTING SPACE RESELLING

7.1     Our referral program continues to be very popular. However, if you would like to move a block of customers to our service, please call us at 303.256.4657 to inquire about available bulk discounts we can provide to your customers.

8.  PROMOTIONAL OFFERS, DISCOUNTS & AND PREPAID ACCOUNTS

8.1     We does not allow clients to combine advertised or non-advertised specials, promotions or discounts with any other special, discount or promotion.

8.2    Customer understands that some pre-paid promotional offers may be non-refundable and will be clearly marked as such.

8.3     Promotional discounts and offers are only available to NEW customers or customers who have not had service with us for at last 12-months.

9.  WEB SITE DESIGN / DEVELOPMENT

9.1     We do not allow clients to combine advertised or non-advertised specials, promotions or discounts with any other special, discount or promotion.

9.2     Customer will be billed at an hourly rate of $55-125 per hour for any web design services above and beyond the contracted project or proposal.

9.3     Once a web site has been approved by the customer and is uploaded to our servers (or theirs), the customer shall retain full ownership of the source code and are fully responsible for keeping it current. We can provide ongoing site maintenance on a per project basis or on a flat per month rate - please call.

9.4      All web design projects created by us become the sole property of the customer (you) only after payment in full has been received. Unless otherwise contracted for, the customer will be responsible for downloading and maintaining current backups/archives as described in section 2 of this policy.

9.6      We are not liable for any loss of website data resulting from viruses, system hardware/software crashes or incompetence on your end. If backups or archives are required, you must contract to have this service provided on a regularly scheduled basis or simply download a copy via FTP at your convenience 24 hours a day.

9.7      Customer acknowledges the current rate plans and understands that they are responsible for any and all charges incurred beyond the original proposal. No additional work (text changes, graphic images, etc) will be provided free of charge.

9.8      Customer agrees to pay a 50% deposit on all web design projects before work begins. The remaining balance is due with 5 business days after completion - at which time ownership rights and full access will be granted to you or your organization.

Disclaimer
CFWSH is not responsible for any damages your business may suffer.

CFWSH does not make implied or written warranties for any of our services.

CFWSH denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CFWSH.

The Customer will not use its network nor space provided by CFWSH to violate any law. In the event Customer violates existing law, CFWSH shall have the right to terminate all service set forth in this Agreement. In the event CFWSH is informed by government authorities of inappropriate or illegal use of CFWSH facilities or other networks accessed through CFWSH, CFWSH may terminate customer's service.

CFWSH will cooperate fully with investigations of violation of systems or network security at other sites.

CFWSH will cooperate with law enforcement authorities in the investigation of possible criminal violations.

Customers who violate systems and/or network security, may incur in criminal or civil liability.

We reserve the right to modify this agreement and/or hosting packages at any time and without notice. A link to this AUP is provided at the bottom of every invoice and it is your responsibility to review and agree to the terms and conditions set forth above prior to initiating or continuing service.  Current customers will be notified of any policy violation and will be given an opportunity to correct the situation.

100% Satisfaction Guarantee
Our guarantee is specifically for our web hosting services. It does not include or apply to web design, marketing or any other service or product. It does not include or cover anything that is outside of our control, including, but not limited to, problems or issues created by you or a third party, nature, Internet problems, or ISP problems. As a sole remedy to you, we will at our sole discretion, pro-rate a refund of your hosting charges.

All of the terms & conditions mentioned above are a matter of policy and intended to avoid any possible misunderstandings that may arise. Most matters can be resolved quickly via telephone, so if  you do not understand anything on this AUP, we strongly encourage you to call 303.256.4657 with any questions.  Remember, it's your responsibility to read & agree to the above terms and conditions.

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