Terms of Use

Welcome to OpenColo!

This agreement documents the terms of service for accounts provided by OpenColo.com to the account holder.

1. The account holder is responsible for the actions of account users.

2. Any use which interferes with the server’s ability to function in its primary purpose of publishing web documents is prohibited.

3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at OpenColo.com or sent via OpenColo.com, is prohibited.

4. Use of OpenColo.com’s facilities to provide software or lists for mass mailing unsolicited email is prohibited.

5. Use of OpenColo.com’s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, “smurf”, “winnuke”, “land”, “teardrop”, etc.) or otherwise compromise the security of hosts or networks is prohibited.

6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.

7. Should the account holder become the target of a network attack, OpenColo.com reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder’s account) required to return server or network operation to normal.

8. OpenColo.com will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.

9. Use of OpenColo.com services, including the storage of information, is at the account holder’s sole risk. OpenColo.com does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. OpenColo.com’s services are provided on an “as is” basis without warranties of any kind, either express or implied. Neither OpenColo.com nor anyone else involved in creating, producing, or delivering OpenColo.com services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of OpenColo.com, the inability to use OpenColo.com, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.

10. The account holder will indemnify and hold harmless OpenColo.com against any loss, damage, cost and expense which OpenColo.com may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of OpenColo.com’s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.

11. If OpenColo.com is informed of an alleged copyright or trademark infringement involving an account, OpenColo.com will attempt to notify the account holder of those allegations and secure a response. OpenColo.com may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which OpenColo.com believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against OpenColo.com for any such removal or termination. To inform OpenColo.com of a possible infringement please send an email to Sales@opencolo.com.

12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at OpenColo.com’s discretion. OpenColo.com reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.

13. OpenColo.com may terminate service to the subscriber at any time, without notice, for violation of this agreement. OpenColo.com will not be liable for any damages or harm to the account holder resulting from such termination.

14. The account holder may terminate their account at any time. 30 days cancellation is required on all services. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to Sales@opencolo.com, by postal mail or by fax.

15. Use of an OpenColo.com account indicates acceptance of the terms of this agreement by the account holder.

16. This agreement shall be governed by and construed in accordance with the law of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

17. Fair Usage Policy: Dedicated servers sold under OpenColo’s special discounted plans with a dedicated port and dedicated bandwidth are subjected to Fair Usage Policy. Customer bandwidth on such discounted plans is dedicated to Customer so Customer is able to burst up to the allocated bandwidth guaranteed on each plan at any given time. Customer may not at any time sustain max port speed usage for long period of time on such plans. If Customer sustains maximum port speed for long period of time on discounted server plans with the Fair Usage Policy term as described in this section, OpenColo may rate limit the port used by Customer and Customer will be required to upgrade to higher bandwidth plan which better suites Customer’s bandwidth usage patterns. OpenColo may decide, at its discretion, to cap, rate limit or cancel any server that violates the Fair Usage Policy as described in this section without any notice.