Terms Of Service

POLICY LAST UPDATED ON November 1, 2013
The use of services from Cobol Online Technologies [hereafter referred to as "Cobol"] constitutes agreement to these terms.

1. All services provided by Cobol may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer (you) agrees to indemnify and hold harmless Cobol, officers and/or staff from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is strictly prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email the abuse department with the information required. If the request is of a licensing issue, we may require further documentation. No refunds will be given.
A. Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities. No refunds will be given.
B. We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.
C. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.
D. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. No refunds will be given.
E. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. No refunds will be given.
F. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
2. Zero Tolerance Spam Policy
A. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. No refunds will be given.
B. Mailing Policy and Limits: There is a 60 hourly outbound email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with an undeliverable error. Many of our servers have a 30 pop checks per hour limit per domain. If you go over this you are likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.

C. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. No limit to the number of outbound emails.
D. Mailing Lists Rules: Anytime you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you are using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under Fantastico DeLuxe. If you do not throttle and you try sending let's say 60 emails the server will try sending all 60 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server. No refunds will be given.
E. Any mailing list over 900 emails is only allowed to be sent during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
F. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account. No refunds will be given.
G. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail. No refunds will be given.
H. Every mailling list MUST comply with all guidelines set forth by the United States of America.
I. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. No refunds will be given.
J. Cobol reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Cobol reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Cobol and will not be less than $50 or $50 each man hour of time utilized, whichever is greatest.
3. Payment Information
A. You agree to supply appropriate payment for the services received from Cobol, in advance of the time period during which such services that are provided is due. You agree that services will continue to be charged unless you notify Cobol of your desire to cancel any and/or all services received, those services will be billed on a recurring basis according to your current pricing structure (i.e. domain fees, hosting fees). Cancellations must be done in writing via the account services support department.
B. Cobol reserves the right to change any and/or all fees at anytime.
4. Backups and Data Loss
Your use of the services rendered is at your sole risk. Cobol is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Cobol servers. Your server may or may not have automatic backups installed. Servers that have automatic backups are generally done on Sunday. Backups can be made through cPanel.
5. Cancellations and Refunds
Cobol reserves the right to cancel any account at any time with or without notice. Any abuse of our Terms of Service / Acceptable Use Policy /Privacy Policy and/or staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation request in writing to the account services support department. Domain name purchases/renewals are non-refundable. All purchases from Cobol are final. No refunds will be given.
6. Resource Usage (Not allowed)
A. Customer (you) may not use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
B. Any account is not allowed to use average system resources (CPU, RAM, MySQL) more than 2% in 24 hours cycle.
C. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
D. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
E. Run any software that interfaces with an IRC (Internet Relay Chat) network.
F. Run any bit torrent application, tracker, or client.
G. Participate in any file-sharing/peer-to-peer activities.
H. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc... (dedicated servers do not apply)
I. Run cron entries with intervals of less than 15 minutes.
J. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")
K. Media hosting (i.e. audio , video etc), Backup hosting, Adult content hosting , Online Forum etc are strictly prohibited.
7. Bandwidth Usage
You (Customer) are allocated a monthly bandwidth usage. This allowance varies depending on the web hosting service you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next billing cycle/allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you (customer) upgrades to a higher level of service, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in any one month of service cannot be carried over to the next month.
8. Uptime
The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Cobol cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to udates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (Cobol and/or our vendors that provide equipement or services to us) control that interupts services at a facility.
9. Reseller Client Responsibility
Reseller clients of Cobol are responsible for supporting their clients. Cobol does not provide support to our Resellers Clients. If a Resellers client contacts us, we reserve the right to place the client account on hold until the Reseller can assume their responsibility for their client. We reserve the right to charge said Reseller for services rendered to the Resellers client. All support requests must be made by the Reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Cobol will hold any reseller responsible for any of their clients actions that violate the law or Cobol Terms of Service / Acceptable Use Policy / Privacy Policy.
10. Shared (non-reseller accounts)
Shared hosting accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
11. VPS
Cobol reserves the right to reset the password on a VPS 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. Cobol reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
12. Price Change
The amount you pay for hosting will never increase from the date of purchase for the term of contract (if said contract exists and is validated by Cobol). Cobol reserves the right to change prices for services at any time. Furthermore, we reserve the right to change prices listed on Cobolhosting.com, and the right to change the amount of resources given to any plan at any time.
13. Indemnification
Customer(you) agree that it shall defend, indemnify, save and hold Cobol harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cobol, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cobol against liabilities arising out of;

A. Any injury to person or property caused by any products sold or otherwise distributed in connection with Cobol.
B. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
C. Copyright infringement.
D. Any defective products sold to customers from a Cobol operated server.
Disclaimer
Cobol shall not be responsible for any damages your business may suffer. Cobol makes no warranties of any kind, expressed or implied for services we provide. Cobol disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Cobol and its employees.
14. Disclosure to law enforcement
Cobol may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
15. Changes to the Terms of Service / Acceptable Use Policy (TOS / AUP) / Privacy Policy

Cobol reserves the right to revise its policies at any time without notice.