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Cohen Web Services
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Terms of Service
Cohen Web Services provides web hosting, email services, web site design, and related services. Cohen Web Services reserves the right to suspend or cancel any client's access to any portion or all of Cohen Web Services services, when Cohen Web Services deems that the account has been used inappropriately. Cohen Web Services reserves the right to refuse service and/or access to its servers to anyone. Please read this document fully. Accepting services from Cohen Web Services implies you have read and accepted this document. Cohen Web Services prohibits sites engaged in: Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband. Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a 500 dollar clean up fee. Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts. Data Transfer If any users go over the allotted bandwidth amount the user will asses a fee of $2.00 per gigabyte. Adult content The determination of what is "adult content" and prohibited shall be solely made by Cohen Web Services. Should a policy violation occur, Cohen Web Services reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to Cohen Web Services's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee. Web Site Content The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Cohen Web Services servers). Cohen Web Services is not responsible for any lost files, information, or data. Should any data need to be recovered from Cohen Web Services's backup tapes, there will be a charge of $100. Cohen Web Services does not guarantee to possess the most current copy of a client's website. System Updates The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. Cohen Web Services reserves the right to modify the processing times at any time without notice. If a client or Cohen Web Services support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in our system. Support Free customer support is provided via email through the client's control panel contact forms. Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support or attempt a Denial of Service attack on support. For customers who provide their own web site (that is, web sites not designed and implimented by Cohen Web Services) Cohen Web Services provide minimal technical support for web site design, or custom programming and scripting at an hourly rate. Please contact Cohen Web Services at info@cohenwebsvc.com. Payment Policy All services are on a monthly prepayment basis. Cohen Web Services accepts credit card payments and check payments. Checks returned for insufficient funds will be charged an additional $50 fee, plus any legal fees that Cohen Web Services incurs to collect payment. Service is activated only after receipt of payment. Credit card payment is authorized and assessed in real time. Once an order is successfully submitted, the client is subject to Cohen Web Services's refund policy. The one time setup is non-refundable. All monetary transactions will occur in $US dollars. Bills and/or invoices will be sent by postal mail or email. Prepayment is due each anniversary quarter (3 months) for clients who choose quarterly prepayment or year (12 months) for client who choose annual prepayment. All InterNIC fees are separate from Cohen Web Services costs and the client is responsible for timely payments to InterNIC for domain ownership. Cohen Web Services reserves the right to change pricing schedule at any time. Additional Features Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated. Renewal Notification and Billing Schedule Renewal notification is emailed to the billing contact seventeen (17) days prior to the end of the billing cycle. Clients on quarterly prepayment may queue themselves for annual prepayment at least 10 days prior to the end of their current billing cycle. If the client does not queue themselves for annual prepayment, the account will automatically be assessed quarterly prepayment. Clients on annual prepayment must renew for annual prepayment at least 10 days prior to the end of their billing cycle. If the client does not renew for annual prepayment, the account will automatically revert to quarterly prepayment. Credit Card Failures In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be cancelled. Returned Checks Non-sufficient fund checks will result in a cancellation of the account. Account Reactivation If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $19.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and any check processing fees (if applicable). If an account was cancelled due to policy violation, Cohen Web Services will not reactivate the account. Refund Policy For new accounts, the set up fee charges are non-refundable. If Cohen Web Services terminates an account due to policy violations, there will be no refund. The fees for additional features are non-refundable. Cancellation Cohen Web Services reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a 500 dollar clean up fee. Cohen Web Services reserves the right to delete the policy violating web site content without notice. Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's control panel contact forms. If the client requests cancellation, their account will be terminated at a specified date or immediately. If the client specifies immeditate account termination, Cohen Web Services reserves the right to delete the web site contents without notice. Indemnification Client agrees to defend, indemnify and hold harmless Cohen Web Services against any liabilities arising out of defective products sold to customers from Cohen Web Services servers, personal injury or property damage caused by products or services sold or distributed from Cohen Web Services servers, any material that infringes or allegedly infringes on the rights of a third party available from Cohen Web Services servers, and any material that libels or allegedly libels a third party available from Cohen Web Services servers. Disclaimer Cohen Web Services is not responsible for any damages to any client's business. Cohen Web Services makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of Cohen Web Services's web hosting and email service is at the client's sole risk. Cohen Web Services's services are provided on an "as is, as available" basis. Cohen Web Services does not guarantee that our services will be uninterrupted or error free. Cohen Web Services will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions. In no circumstance will Cohen Web Services be liable for any claims resulting from the use or inability to use Cohen Web Services's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to Cohen Web Services servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters. Cohen Web Services reserves the right to revise our policies at any time.