Legal Information
Legal Documents
The documents below describe our terms of service and our stand on privacy in great detail. For a complete legal picture, you may want to also check out our excellent Service Level Agreement. Our Privacy Policy follows.
Acceptable Use Policy (AUP)/Terms of Service
This document clearly outlines procedures and restrictions for all clients.
Last updated: August 6, 2015
Colocation Connect Networks LLC (“Colocation Connect”) strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Colocation Connect customers and us against such harm.
In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by Colocation Connect (“Services”) or otherwise indicate your affirmative acceptance of such Services.
This Policy and these Terms may change from time to time. Colocation Connect will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective after 30 days.
Due to rules set in place by the government of the United States of America we cannot host clients from the following countries: Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to Colocation Connect or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended or on any company issued credit, such as a free month of hosting. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. Colocation Connect considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
We do give refunds for full months unused, not partial months, and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by Colocation Connect due to an account violation, there will be no refund. Additional features can be added at any time. Colocation Connect reserves the right to change prices at any time, but will notify all clients before such changes take place. Account credits are also issued according to our Service Level Agreement (Scheduled maintenance is announced at http://www.trendstatistics.com).
All customers will receive invoices at least 25 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically 2 days before the due date. After the due date, there is a 2 day grace period in which to fully pay the invoice, with an overdue notice being emailed every other day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shutdown after the 2nd day. The system will be maintained in full working order, with the original data, for a period of at least one additional week. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file. The customer is responsible to pay all taxes levied against or upon their services provided by Colocation Connect under these terms, not including taxes based on NoZone’s income.
In regards to colocation customers, Colocation Connect reserves the right to take ownership of the colocated equipment as compensation after a period of 30 days of non-payment. If the equipment is sold, the selling price, minus a 15% processing charge will be deducted from the amount of the bill which is forwarded to collections. Colocation customers must also abide by the posted Colocation Policies.
Access
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing Colocation Connect will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances Colocation Connect Network’s liability will not exceed what is provided within this Agreement.
Cancellation
You may cancel at any time, unless otherwise stated in a written contract or agreement. To cancel your service, please email billing@Colocation Connect.net. Notification of cancellation must be received at least thirty days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from Colocation Connect that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.
If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve client of any outstanding financial obligations. Colocation Connect reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
Insurance
You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. Colocation Connect shall not have responsibility to you for your failure to maintain sufficient insurance coverage. Colocation Connect. liability shall not exceed that which is set forth in this Agreement.
Indemnification Policy
You agree to use all Colocation Connect services and facilities at your own risk. Colocation Connect specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Colocation Connect be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Colocation Connect harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Colocation Connect, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Colocation Connect against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with a Colocation Connect server;
Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringement, and;
Any defective products sold to the client from a Colocation Connect server.
Colocation Connect shall be the sole arbitrator of what violates this policy.
Limitation of Liability
CUSTOMER ACKNOWLEDGES THAT COLOCATION CONNECT PERMITS OTHER LICENSEES TO INSTALL THEIR EQUIPMENT IN THE PREMISES. COLOCATION CONNECT WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY CUSTOMER (OR ITS CLIENTS) CAUSED BY SUCH OTHER LICENSEES. ACTS, EQUIPMENT, OR FAILURES TO ACT.
THE LIMIT OF COLOCATION CONNECT. LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO CUSTOMER (OR ITS CLIENTS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO COLOCATION CONNECT UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 2 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL COLOCATION CONNECT BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Spam Policy
Colocation Connect is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Colocation Connect network, by clients or any other users of the Colocation Connect network (including the client’s customers); AND/OR over ANY network – if the message sent advertises or mentions a site hosted on the Colocation Connect network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. Notice of at least 6 hours is given to all dedicated hosting and colocation clients. VPS customers may have their accounts suspended without notice, depending on the severity of the incident. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on Colocation Connect’ network is prohibited. The use of Colocation Connect’s network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email abuse@Colocation Connect.net.
Note: Colocation Connect explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
Content Policy
All services provided by Colocation Connect may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. Colocation Connect will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Colocation Connect or its business. The subscriber agrees to indemnify and hold harmless Colocation Connect from any claims resulting from such compliance or the use of the service which damages the subscriber or any other party.
Examples of unacceptable content include, but are not limited to, the following:
Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;
Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
Child pornography, rape, or bestiality;
Security circumvention software or archives;
Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
Torrent files and trackers that facilitate the download of any materials included in this list;
Any software that facilitates any activity prohibited in this policy.
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.
Colocation Connect will be the sole arbiter as to what constitutes a violation of this provision.
Colocation Connect is a strong believer in everyone’s right to practice free speech and we do not feel that it is our obligation to rid the Internet of any material which others feel may be inappropriate or offensive. We feel that the right of free speech supersedes any other claims of content being inappropriate or offensive as those terms are subjective, while the laws of the United States are quite clear. As long as the content is legal, we will not suspend your account without notice, though we do reserve the right to refuse hosting to any party for any reason with proper notice being given.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Colocation Connect investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
Executing any form of network activity that will intercept data not intended for the client’s server;
Circumventing user authentication or security of any host, network or account;
Interfering with or denying service to any user other than the client’s host (example: denial of service attack or distributed denial of service attack);
Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user’s terminal session, via any means, locally or via the Internet.
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Colocation Connect. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees ($0.35 per GB on dedicated servers and colocation, $0.50 per GB on VPS accounts, unless other terms were agreed upon), clean-up fees, and managed service fees.
Backups
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Colocation Connect’s part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Colocation Connect, Colocation Connect will have no liability.
The customer is fully responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is the customer’s responsibility to activate that backup space and to backup their data.
User Information
It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate, including full mailing address and a list of authorized contacts. Colocation Connect will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. Colocation Connect provides a direct way for all users to verify this information through the control panel. Support services are only rendered to those users whose information is on file as an authorized contact on the account.
Representation and Warrantee of Age
You represent and warrant that you are at least 18 years of age.
Reservation of Rights
Colocation Connect reserves all rights not specifically granted herein.
Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
No Waiver
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
Severability
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Choice of Laws
This Agreement will be governed and interpreted by the laws of the State of Illinois, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.
Entire Agreement
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, COLOCATION CONNECT MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Privacy Policy / US-EU Safe Harbor Policy
This document states the privacy protections you have as a client.
Last updated: May 9, 2012
This is the web site of Colocation Connect Networks LLC.
Our postal address is:
725 S Wells St
8th Floor
Chicago, IL 60607
We can be reached via e-mail at support@Colocation Connect.net or you can reach us by telephone at
312-602-2689.
Colocation Connect Networks LLC (“Colocation Connect”) complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Colocation Connect has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/
For each visitor to our Web page, our Web server automatically recognizes only the consumer’s hostname and IP, but not the e-mail address (where possible).
We collect the domain name and e-mail address (where possible) of visitors to our Web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used for internal review, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to contact the user regarding updates to their request as well as new products/offerings and other marketing communications from Colocation Connect. Your information is not shared with other organizations for commercial purposes.
With respect to cookies: We use cookies to store visitors preferences, record session information, record user-specific information on what pages users access or visit.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address or calling us at the above telephone number.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above, e-mailing us at the above address.
Please provide us with your exact name, phone number, and address. We will be sure your name is not shared with other organizations.
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above or e-mailing us at the above address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information, transaction information, communications that the consumer/visitor has directed to the site.
With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site and all sensitive information is stored in an encrypted format.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, state or local chapters of the Better Business Bureau, state or local consumer protection office, The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.
United States / EU, Swiss Safe Harbor Framework Principles
Notice
Colocation Connect shall inform customers of the purpose for which it collects and uses personal information. Colocation Connect shall also inform the customer of any disclosure of his or her personal information to a third party. The customer shall have the option to limit the use of any personal information.
Choice
Colocation Connect shall provide its customers with a choice to opt out of disclosure of their personal information to a third party or the use of the personal information for something other than it was originally collected.
Onward Transfers
Before disclosing personal information to a third party, Colocation Connect shall notify the customer of the intended disclosure and shall provide the customer with the option to opt out of such disclosure.
Security
Colocation Connect shall take reasonable steps to keep personal information secure to prevent loss of the information, misuse, unauthorized access, disclosure, alteration, and destruction. When the customer submits sensitive information it is protected both online and offline by Colocation Connect. Any questions with respect to the security of Colocation Connect should be sent to: support@Colocation Connect.net.
Data Integrity
Colocation Connect shall use information collected for its relevant and intended purpose only. If there is any change of use of the personal information collected, Colocation Connect shall inform its customers and gain their approval before making such changes of the use of the personal information collected. Further, Colocation Connect shall take reasonable steps to ensure that the personal information collected is accurate and reliable for its intended use.
Access to Personal Information Received
Colocation Connect shall provide customers with reasonable access, as required by law, to their personal information in order to confirm that it is correct or to amend or delete inaccurate information. If a customer needs to correct, update, or remove personal information provided to Colocation Connect, the customer should contact Colocation Connect at: support@Colocation Connect.net.
Enforcement
Colocation Connect has established internal mechanisms to verify its ongoing adherence to its privacy policy, including the Safe Harbor Principles. Colocation Connect encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting Colocation Connect at support@Colocation Connect.net. After a complaint or concern is received, Colocation Connect will work internally and with the customer to resolve the issue. Further, Colocation Connect agrees to participate in the dispute resolution program provided by the European Data Protection Authorities or the Swiss Federal Data Protection and Information Commissioner.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, Colocation Connect commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Colocation Connect at:
Colocation Connect Networks LLC
725 S Wells St
8th Floor
Chicago, IL 60607
Colocation Connect has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by (your business name), please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.