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CORPORATEHOSTING.ORG/CPO IS COMPANY
LSYF/LSYF.COM ARE JUST EMAIL ADDRESSES
GSW/GOLDSMITHWORKS.COM IS NOT ASSOCIATED WITH CPO/LSYF. THEY ARE ADVERTISERS
TERMS OF SERVICE
Last Updated: January
("The Company") agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of CPO Service
constitutes acceptance and agreement to CPO AUP as well as CPO TOS (Terms of Service).
All provisions of this
contract are subject to the TOS (Terms of Service) of CPO, CPO and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be
construed in all respects in accordance with the laws of the state of California, county of
San Luis Obispo applicable to contracts enforceable in that state. Venue will be San Luis
Obispo County, California.
Disclosure to Law
Enforcement: The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification to the Subscriber. In
addition CPO shall have the right to terminate all service set forth in this Agreement.
Payments and Fees:
Service will be interrupted on accounts that reach 5 days past due. Service interrupted for
nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not
paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by CPO
may be turned over to an outside collection agency for collection. If your account is turned
over for collection, you agree to pay the company a "Processing and Collection" Fee
of not less than $50 nor more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS. If a canceled account is reinstated
and requires a restore from backups, a $25 fee will apply. Any credit card chargebacks placed
on payments made to CPO will incur a $25.00 penalty.
Failure to Pay: The
Company may temporarily deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable interest and any
Legal Threats &
Professional Behavior: Please behave in a reasonable manner towards CPO, CPO employees.
Any unreasonable threats, either personal or against the company will receive a warning for
breach of these conditions. Personal abuse towards CPO, CPO employees or legal threats against
the company are viewed as extremely serious. CPO, CPO reserves the right to refuse to do
business with a person or company as a result and possibly terminate any accounts in question.
Our team will make every effort to help you move your site to us. However, transfers are
provided as a courtesy service, and we can not make 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. We will try our best but in some cases, we may be unable to assist you in a transfer of
data from an old host. Generally we will only provide the free transfer of all site files and
databases. Transfer of email accounts, or re-configuration of PHP/ASP .NET applications on our
servers are done at an extra cost or left to the user. Free account transfers are provided
on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in
regards to the integrity of transfers performed by the CPO staff. For further information
on our free transfer policies
The free transfer services
are available for 60 days from your sign up date. Transfers outside of the free period will
incur a charge; please contact a member of the sales department with specific details to
receive a price quote.
Registration/Transfers: CPO offers free domain registration or transfer as a courtesy to
our customers. Domains registered through this policy are the property of CPO. However, as
long as the free domain has not expired, and the hosting account it is associated with has had
all outstanding payments paid for, the customer has the right to transfer the domain name away
to their choice of provider. CPO guarantees this right.
To maintain the
stability of our servers, we will not restore cPanel backups larger than 5 GB of size on
PersonalClass and 10 GB of size on BusinessClass.
All requests for canceling accounts must be made in writing on the day of the cancellation
through e-mail sent to sales. You must have your billing username, last 4 digits of billing
password and your domain name available in the email.
that the service provided is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be
liable for any damages arising from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Money Back Guarantee:
60 Day money back guarantee will only be offered under our Personal/Reseller (Linux and ASP
Plans), Business (Linux and ASP Plans). Refunds will not be given to accounts that have
been canceled or suspended due to abuse of our services based on our terms of service and
acceptable use policy. Money back due to lower than 99.9% of up time will be provided on
all packages except for domain names. Amount due back is calculated by taking the percentage
of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month.
No refunds will be given on domain names, SSL certificates, dedicated servers and marketing
accounts (mailer accounts). Refunds will only be given when the refund request is received
within 60 days of the creation of the account being cancelled. Money back guarantee only
applies to new accounts and does not apply to account upgrades.
Guarantees for Dedicated
Servers: We offer a 100% power and network uptime guarantee. Customer can receive a
pro-rated credit for the amount of time network/power is not available to the server over the
days in the given month (percentage of downtime multiplied by the amount paid for that month).
To receive credit, please contact support by emailing support .at. CPO.com. It may take up to
3 business days to process any credits. As server hardware can fail, there is not a 100%
guarantee on hardware or software. However we guarantee replacement of faulty hardware within
4 hours of recognition of the specific issue. Any downtime past the 4 hours hardware
replacement SLA will be credited to the account in a similar manner as the power/network
CPO, provides online technical support to our subscribers. We limit our technical support to
our area of expertise. The following is our guidelines when providing support: CPO provides
support related to your server or virtual site physical functioning. CPO does not offer tech
support for application specific issues such as CGI programming, html or any other such issue.
CPO does not provide technical support for YOUR customers (in case of resellers). If you can
e-mail, we encourage you to e-mail support@CPO.com, or post in our discussion forums for
assistance. Lastly, the Help files in the program you are using may have the answer to your
question so please do investigate these resources before contacting tech support.
SPAM and Unsolicited
Commercial E-mail (UCE): CPO takes a zero tolerance approach to the sending of Unsolicited
Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of CPO
may not use or permit others to use our network to transact in UCE. Customers of CPO may not
host, or permit hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including termination of service.
Violation of CPO SPAM
policy will result in severe penalties. Upon notification of an alleged violation of our SPAM
policy, CPO will initiate an immediate investigation (within 48 hours of notification). During
the investigation, CPO may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM policy, CPO may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, CPO reserves the right
to pursue civil remedies for any costs associated with the investigation of a substantiated
policy violation. CPO will notify law enforcement officials if the violation is believed to be
a criminal offense.
First violations of this
policy will result in an "Administrative Fee" of $30 and your account will be
reviewed for possible immediate termination. A second violation will result in an immediate
termination of your account.
As our resellers are
ultimately responsible for the actions of their clients over the CPO network, it is advisable
that resellers develop a similar, or stricter, policy for their clients.
IP Address Ownership:
If CPO assigns Customer an Internet Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to CPO, and Customer shall have no right to use
that Internet Protocol address except as permitted by CPO in its sole discretion in connection
with the Services, during the term of this Agreement. CPO shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned to Customer by CPO, and
CPO reserves the right to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use of IP addresses for IP based virtual
hosts will not be accepted as justification for new IP addresses. What this means to you is
that you MUST use name-based hosting where possible. We will periodically review IP address
usage, and if we find that clients are using IP addresses where name-based hosting could be
used, we will revoke authorization to use those IP addresses that could be used with
System Resource Usage
(CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations
may or may not cause an account suspension depending on the severity of the issue. The
customer will receive a clear warning. Second or third violations may result in an immediate
termination of your account. CPO staff members will judge based on server performance on what
type of activity is considered as abusive.
Background processes are not permitted on the PersonalClass level of services. Please consult
the sales department on whether your application can be handled by your product of choice.
Cron Jobs: While
customers are able to setup cron jobs through their control panel (linux only), cron job
timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron
jobs to every 5 minutes on a nightly basis.
Bandwidth and Disk
Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form. CPO will monitor
Customer's bandwidth and disk usage. CPO shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken is in CPO sole and
absolute discretion. If CPO takes any corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior to such action. Using a shared
account as a backup/storage device is not permitted. Do not keep backups on the server of
your websites or installation scripts.
Examples of unacceptable material on all Shared and Reseller servers include:
- Torrent Sites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- 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
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented 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 &
- Mailer Pro
System and Network
Security: Users are prohibited from violating or attempting to violate the security of the
CPO Network. Violations of system or network security may result in civil or criminal
liability. CPO will investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
Accessing data not intended for such User or
logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail bombing" or
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum
Taking any action in order to obtain services to which such User is not entitled.
Backups and Backup
Access: Customer acknowledges that individual site backups are the responsibility of the
customer. CPO keeps overall system snapshots in case of full system recovery and may not be
able to provide you with on-demand recovery in case of individual file corruption or
Suspension of Service or
Cancellation: CPO reserves the right to suspend network access to any customer if in the
judgment of the CPO network administrators the customer's server is the source or target of
the violation of any of the other terms of the AUP or for any other reason which CPO chooses.
If inappropriate activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. We offer a 30 day money back providing we
failed to provide you with the service as outlined for each individual hosting plan. Prior
notification to the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for the time the
customer's machines were suspended.
Right to refuse service:
CPO reserves the right to refuse service to any customer at any time within reasonable
Provisions: You must provide us with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of
any breach of any provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof. No chat software/scripts are to be used on our servers unless
approved by management.
Subscriber shall not
transfer or assign this Agreement without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime without further obligation.
CPO takes no responsibility
for any material input by others and not posted to the CPO Network by CPO. CPO is not
responsible for the content of any other websites linked to the CPO Network; links are
provided as Internet navigation tools only. CPO disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other person or party's
violation of this policy.
Warranties. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES
(EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH
RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY,
PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH
RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE
OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS
FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY'S
REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED
BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE
UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION
CONTAINED IN SUBSCRIBERS WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY)
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. COMPANY
SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
COMPANYS ENTIRE LIABILITY AND SUBSCRIBERS EXCLUSIVE REMEDY IS THE CANCELLATION OF
SUBSCRIBERS ACCOUNT. IN NO EVENT SHALL COMPANYS LIABILITY TO SUBSCRIBER EXCEED THE
GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO COMPANY FOR
THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF
FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY
BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE
CAUSE OF ACTION. SUBSCRIBERS RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS
DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH
JURISDICTIONS, COMPANYS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
Content: You, as CPO customer, are solely responsible for the content stored on and served
by your CPO server.
Contact Us: Feel
free to contact us by calling our toll free number 1-800-438-6894 or at p.o.box 2301,
Suwanee GA 30024.