Terms of Service*
These Terms of Service (the "Agreement") are an agreement between my.coldlayer.com, ("ColdLayer" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by ColdLayer and of the my.ColdLayer.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
ii. Acceptable Use Policy
B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. Account Eligibility
A. By registering for or using the Services, you represent and warrant that:
i. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
ii. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
B. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. ColdLayer is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the ColdLayer Billing and Support System (Control Panel). Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
D. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any 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. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for seven (7) days from your sign up date. Transfers outside of the seven (7) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall ColdLayer be held liable for any lost or missing data or files resulting from a transfer to or from ColdLayer. You are solely responsible for backing up your data in all circumstances.
4. ColdLayer Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "ColdLayer Content"), are the proprietary property of ColdLayer or ColdLayer's licensors. ColdLayer Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ColdLayer Content. Any use of ColdLayer Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ColdLayer Content. All rights to use ColdLayer Content that are not expressly granted in this Agreement are reserved by ColdLayer and ColdLayer's licensors.
5. User Content
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to ColdLayer that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to ColdLayer a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, ColdLayer does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. ColdLayer exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through ColdLayer's computers, network hubs and points of presence or the Internet. ColdLayer does not monitor User Content. However, you acknowledge and agree that ColdLayer may, but is not obligated to, immediately take any corrective action in ColdLayer's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that ColdLayer shall have no liability due to any corrective action that ColdLayer may take.
6. Third Party Products and Services
A. Third Party Providers
ColdLayer may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
ColdLayer does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. ColdLayer is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. ColdLayer as Reseller or Licensor
ColdLayer may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-ColdLayer Products"). ColdLayer shall not be responsible for any changes in the Services that cause any Non-ColdLayer Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-ColdLayer Products, either sold, licensed or provided by ColdLayer to you will not be deemed a breach of ColdLayer's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ColdLayer Product are limited to those rights extended to you by the manufacturer of such Non-ColdLayer Product. You are entitled to use any Non-ColdLayer Product supplied by ColdLayer only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-ColdLayer Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-ColdLayer Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
C. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by ColdLayer ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
7. Prohibited Persons (Countries, Entities, And Individuals)
The C.A. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits C.A. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, ColdLayer also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
8. Account Security and ColdLayer Systems
A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. ColdLayer may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. ColdLayer may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by ColdLayer of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, ColdLayer may clean-up your account for an additional fee.
E. ColdLayer reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
9. HIPAA Disclaimer We are not "HIPAA compliant"
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ColdLayer does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that ColdLayer is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact email@example.com.
10. Compatibility with the Services
A. You agree to cooperate fully with ColdLayer in connection with ColdLayer's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, ColdLayer is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ColdLayer to provide the Services, which may be changed by ColdLayer from time to time in our sole discretion.
C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. ColdLayer does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
11. Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account. Pre-payments are not refundable.
Unless otherwise provided, you agree that until and unless you notify ColdLayer of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ColdLayer's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
D. Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, ColdLayer may suspend or terminate your account and pursue the collection costs incurred by ColdLayer, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. ColdLayer will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated/Vps servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated/vps servers. Contact ColdLayer directly after you make a late payment to reactivate the dedicated/vps server.
E. Domain Payments
It is solely your responsibility to notify ColdLayer's Billing department via a support ticket created from my.coldlayer.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and ColdLayer is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. ColdLayer may report any such misuse or fraudulent use, as determined in ColdLayer's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes
You have thirty (30) days to dispute any charge or payment processed by ColdLayer. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
All profits earned by the affiliates system can be used in ColdLayer account. There is no pay out.
12. Money-back Guarantee
A. Dedicated/Vps Servers
There are no refunds on dedicated/vps servers. The seven (7) day money-back guarantee does not apply to dedicated/vps servers.
A. Managed shared and Reseller Services
ColdLayer offers a seven (7) day money-back guarantee for ColdLayer's managed shared, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within seven (7) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
13. Cancellations and Refunds
A. Payment Method
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
B. Money-back Guarantee
If an account with a seven (7) day money-back guarantee is purchased and then cancelled within the first seven (7) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the ColdLayer Support Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared and reseller hosting fees previously paid by you to ColdLayer for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the ColdLayer Support Team. Refunds will only be issued for basic shared 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.
C. Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
D. Non-refundable Products and Services
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at ColdLayer's sole discretion. Any refunds issued for domain names will be reduced by the market value of the all TLDs. Purchases of gTLD and ccTLDs are non-refundable.
E. Cancellation Process
You may terminate or cancel the Services by giving ColdLayer written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) ColdLayer may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." ColdLayer will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via firstname.lastname@example.org mail. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify ColdLayer's Billing department via a support ticket created from my.coldlayer.com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
G. Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ColdLayer is not responsible for any change in exchange rates between the time of payment and the time of refund.
ColdLayer may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm ColdLayer or others or cause ColdLayer or others to incur liability, as determined by ColdLayer in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, ColdLayer shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, ColdLayer may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
14. CPU, Bandwidth and Disk Usage
A. Permitted CPU and Disk Usage
All use of hosting space provided by ColdLayer is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. ColdLayer expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. ColdLayer may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of ColdLayer's terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
B. Bandwidth Usage
Dedicated servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for shared, resellers or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
15. Uptime Guarantee
If your shared or reseller server has a physical downtime that falls short of the 99% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of ColdLayer and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache/IIS Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit my.coldlayer.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
16. Reseller Terms and Client Responsibility
A. Resellers shall ensure that each of their clients complies with this Agreement.
B. Resellers are responsible for supporting their clients. ColdLayer does not provide support to clients of ColdLayer's resellers. If a reseller's client contacts ColdLayer, ColdLayer reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
C. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. ColdLayer will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
D. ColdLayer is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify ColdLayer from and against any and all claims made by any User arising from the reseller's acts or omissions.
E. ColdLayer reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by ColdLayer.
F. Resellers in the ColdLayer Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
17. Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
18. Dedicated/Vps Servers
ColdLayer 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 your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. ColdLayer 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. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than seven (7) days may be subject to deletion which will result in the loss of all data on the server. ColdLayer will not be liable for any loss of data resulting from such deletion.
VPS accounts may not:
i. Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
ii. Run public IRCds or malicious bots.
iii. Run any type of BitTorrent client or tracker that links to or downloads illegal content.
iv. Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
v. Use I/O intensive applications which adversely affect normal server operations.
VPS accounts come with a default inode limit of 500,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our support team.
19. Email Limits
There is a 100 outgoing email hourly limit per domain. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 10 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Dedicated/Vps Server Mail Policy
The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, ColdLayer reserves the right to suspend, terminate, or deactivate your script or account.
Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at: www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
20. Price Change
ColdLayer reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by ColdLayer through the user billing tool or through other methods of communication, including notices sent or posted by ColdLayer.
21. Coupons (Promotions)
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
22. Limitation of Liability
IN NO EVENT WILL COLDLAYER ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF COLDLAYER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COLDLAYER'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COLDLAYER FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless ColdLayer, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("CAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by ColdLayer and will be held at the CAA location chosen by ColdLayer in Quebec. Payment of all filing, administrative and arbitrator fees will be governed by the CAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ColdLayer will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the CAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and ColdLayer alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against ColdLayer in violation of this paragraph, you agree to pay ColdLayer's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
25. Independent Contractor
ColdLayer and User are independent contractors and nothing contained in this Agreement places ColdLayer and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
26. Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Quebec. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
ColdLayer shall not be responsible for any damages your business may suffer. ColdLayer makes no warranties of any kind, expressed or implied for the Services. ColdLayer disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by ColdLayer or our employees.
29. Backups and Data Loss
Your use of the Services is at your sole risk. ColdLayer's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at ColdLayer's sole discretion. ColdLayer does not maintain backups of dedicated/vps accounts. ColdLayer is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ColdLayer's servers.
Any shared account using more than 100 mb of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
29. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COLDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. COLDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. COLDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
30. Disclosure to Law Enforcement
ColdLayer may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
31. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
33. Changes to the Agreement or the Services
A. ColdLayer may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the ColdLayer website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
B. ColdLayer reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or ColdLayer to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
36. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ColdLayer. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ColdLayer may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
37. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
38. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
39. Domain Registration Agreement
All domains are provided within the domain rules for ICANN and Directi. Services are provided only at my.coldlayer.com.
40. VPN Usage Agreement
We strive to keep our VPN service at the highest level of security possible. We never save any logs and not give any response to the log request.
Each account (user) supports multiple sign-in. However, this does not mean an account used by multiple users. You can use more than one device at the same time and to avoid problems during the session it is available. In this case will be exploitation, the account may be limited or terminated. IP address is static and does not change. ColdLayer reserves the right to change the IP address.
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into ColdLayer's Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. ColdLayer may modify this AUP at any time without notice.
The Services provided by ColdLayer may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. ColdLayer reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
A. Prohibited Uses
a. Infringement of Intellectual Property Rights.
i. Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
ii. If you believe that your intellectual property rights are being infringed upon, please email email@example.com. For copyright infringement claims, ColdLayer follows the Digital Millennium Copyright Act ("DMCA") notice and takedown procedures.
b. Using a shared account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one Control Panel backup of the same account. Please do not take backups of your backups.
B. Unacceptable Material
a. Unacceptable material on our servers include without limitation:
. IRC Scripts/Bots
. IRCD (irc servers)
. Proxy Scripts/Anonymizers
. 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 or distribution of any controlled substance without prior proof of appropriate permit(s)
. Prime Banks Programs
. Lottery/Gambling 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
. Push button mail scripts
. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
. Tell A Friend Scripts
. Anonymous or Bulk SMS Gateways
. Bitcoin Miners
. PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
b. Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in ColdLayer's sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
c. Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
C. Unacceptable Resource Usage
a. You may not:
i. Use twenty-five percent (20%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
ii. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
iii. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
iv. Run any software that interfaces with an IRC (Internet Relay Chat) network.
v. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
vi. Participate in any file-sharing/peer-to-peer activities
vii. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
viii. Run cron entries with intervals of less than sixty (60) minutes.
ix. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
x. Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php', '/home/username/public_html/include.php' or '/var/www/vhosts/domain.com/httpdocs'.
xi. Force html to handle server-side code (like php and shtml) to help reduce usage.
xii. Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than two hundred and fifty thousand (10,000 - 100,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (10,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to Control Panel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".
D. Zero Tolerance Spam Policy
a. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Please read Email Limits for our generalized mail policy. Please read Dedicated/Vps Server Mail Policy for our dedicated/vps server mail policy.
b. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO - www.spamhaus.org/rokso/ may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
c. ColdLayer reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
d. ColdLayer reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
E. Defamation Policy
Websites hosted on ColdLayer's servers in the C.A. are regulated by C.A. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, ColdLayer's policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, ColdLayer is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a C.A. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
F. AUP Violations
If there is a violation of this AUP by one of a reseller's client's account, ColdLayer will suspend the website in question and will notify the reseller so that the reseller can terminate the account. ColdLayer may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
b. Direct customers.
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
c. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
d. If you feel you have discovered a violation of our AUP please report it to: firstname.lastname@example.org.
Who We Are
ColdLayer provides cloud-based solutions, including web hosting, domain name registration and related products and services, to businesses, individuals, non-profit organizations and others. As part of the The COLDLAYER CA Ltd. ("ColdLayer"), ColdLayer is able to provide a variety and range of products and services to help customers with their technological needs.
We collect the following types of information from you to provide you with the products and services you purchased and for the purposes described below. We may collect any or all of the information via both automated means such as communications profiles or cookies.
Personal Information. The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. When transferring personal information a security icon will appear in your browser.
Customer Surveys. We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our Users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.
Personal Information. The information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers' needs and to promote certain products and services or additional support. We may also generate non-identifying and aggregate profiles from information that our customers provide during registration (such as the total number of customers in a given category). This aggregated and non-identifying information may be used to promote advertisements that appear on our website and in connection with our services.
We take reasonable precautions to prevent unauthorised access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. ColdLayer may also use the information you provide to email ColdLayer's monthly newsletter to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest.
Log Files. We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
Customer Surveys. We may use the contact and other information provided to follow up with customers who respond to our customer surveys to help resolve issues internally or with our third party partners. For example, ColdLayer may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.
Partners and Sponsors. Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional amenities included with your hosting account. For example, one of our partners may provide services to you based on links that you access from your control panel.
We may also disclose aggregate, anonymous data based on information collected from users to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain your information in confidence and to use it solely for purposes of providing the product or service as agreed to by ColdLayer.
Service Providers. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.
Customer Surveys. We may share customer information obtained from customer surveys within ColdLayer and our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.
Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, the contact information you provide to register a domain name ("Domain Name Registration Information") has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from ColdLayer and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, ColdLayer is required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.
Law Enforcement and Special Cases. We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon a valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or to stop activity that we consider illegal or unethical.
Correcting/Updating Personal Information. If a customer's information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved via our billing system at my.coldlayer.com or by emailing us at email@example.com.
Opt Out. By default, customers will receive invoices, any system updates, ColdLayer newsletters and other mailings. Customers are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.
Public Forums. Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at mail@ColdLayer.com. In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.
ColdLayer uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. ColdLayer uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.
This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 13 has been collected, we will use all reasonable efforts to delete such information from our database.
In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only.
Information Related to Data Collected through Resellers. ColdLayer may collect information under the direction of our Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Reseller's data controller. If the Reseller requests that we remove the data, we will respond to such request within seven (7) days.
Choice. If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.
Data Retention. We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Changes to this Policy
COLDLAYER CA Ltd.
500 Sherbrooke St W H3A 1B6
310-500 Montreal Quebec CANADA
ColdLayer will seek to resolve any concerns. ColdLayer has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.
Last Updated: 01/01/2015