TERMS OF SERVICE

Legal Agreement


IMPORTANT NOTICE: *All payments made to Aim2Colo.com, are Non-Refundable*

Aim2Colo agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).  Use of Aim2Colo Service constitutes acceptance and agreement to Aim2Colo 's AUP as well as Aim2Colo 's TOS policy (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Aim2Colo , and AUP (acceptable use policy). The TOS and AUP may be changed at any time at the discretion of the Company. Subscriber understands that changes in policy 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 Illinois, McLean County applicable to contracts enforceable in that state.

 

The subscriber acknowledges that they have read, understand, and agree to the Service Level Agreement (http:/www.aim2colo.com/sla.html).



1. Disclosure:
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 Aim2Colo shall have the right to terminate all service set forth in this Agreement.

2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Subscriber acknowledges that they have read, understand, and agree to the fee schedule (http://www.aim2colo.com/fees.html).

3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Aim2Colo reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Please note that Aim2Colo reserves the right to take ownership of colocated equipment should the account be more than 30 days past due on any payments. If the equipment is sold, the selling price will be used towards the bill, minus a 15% processing fee, with any remainder leftover being held indefinitely. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by Aim2Colo 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. Subscriber acknowledges that they have read, understand, and agree to the fee schedule (http://www.aim2colo.com/fees.html).

5. Refund and Disputes:
All payments to Aim2Colo , are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Aim2Colo ' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Aim2Colo an "Administrative Fee" of not less than $50 and not more than $150.

6. 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 collection fees.

7. Account Cancellation:
All requests for canceling accounts must be made via http://aim2colo.com/billing with at least 72 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.

8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.

9. Support Boundaries:
Aim2Colo , provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, Aim2Colo only ensures that the server is online and is remotely accessible.. Aim2Colo does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Aim2Colo does not provide technical support for YOUR customers. If you can email, we encourage you to email support@aim2colo.com for assistance. Subscriber acknowledges that they have read, understand, and agree to the fee schedule (http://www.aim2colo.com/fees.html).


10. SPAM and Unsolicited Commercial Email (UCE):
Aim2Colo takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Aim2Colo may not use or permit others to use our network to transact in UCE. Customers of Aim2Colo 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.

  1. Violation of Aim2Colo 's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Aim2Colo will initiate an immediate investigation (within 48 hours of notification). During the investigation, Aim2Colo may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Aim2Colo may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Aim2Colo reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Aim2Colo will notify law enforcement officials if the violation is believed to be a criminal offense.
  2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Aim2Colo personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
  3. As our Customers are ultimately responsible for the actions of their clients over the Aim2Colo network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
  4. Any customer found to have UCE coming out of their server(s) will, at the discretion of our own employees, be charged $2 per IP address retroactively from when the IP assignment was made.

IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.

11. Network

  1. IP Address Ownership: If Aim2Colo assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Aim2Colo , and Customer shall have no right to use that Internet Protocol address except as permitted by Aim2Colo in its sole discretion in connection with the Services, during the term of this Agreement. Aim2Colo shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Aim2Colo , and Aim2Colo 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 name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
  2. Bandwidth Usage. Aim2Colo will monitor Customer's bandwidth. Aim2Colo shall have the right to take corrective action if Customer's usage negatively impacts other clients.
  3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Aim2Colo Network. Violations of system or network security may result in civil or criminal liability. Aim2Colo 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:
    1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    5. Taking any action in order to obtain services to which such User is not entitled.

12. Notification of Violation:

  1. Aim2Colo is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
  2. First violation: Any User, which Aim2Colo determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Aim2Colo 's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
  3. Second Violation: Users that Aim2Colo determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
  4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation:
Aim2Colo reserves the right to suspend network access to any customer if in the judgment of the Aim2Colo 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 Aim2Colo chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. 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.

14. Changes in Policy
Aim2Colo reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Aim2Colo must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification:
Aim2Colo wishes to emphasize that in agreeing to the Aim2Colo Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Aim2Colo for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Aim2Colo or the bringing of any claim against Aim2Colo by any third-party. This means that if Aim2Colo is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Aim2Colo , plus all costs and attorney's fees.

16. Miscellaneous 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.

  1. 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.
  2. 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.
  3. Aim2Colo takes no responsibility for any material input by others and not posted to the Aim2Colo Network by Aim2Colo . Aim2Colo is not responsible for the content of any other websites linked to the Aim2Colo Network; links are provided as Internet navigation tools only. Aim2Colo 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.
  4. Aim2Colo is not responsible for any damages your business may suffer. Aim2Colo does not make implied or written warranties for any of our services. Aim2Colo denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Aim2Colo .

17. Responsibility for Content:
You, as Aim2Colo ' customer, are solely responsible for the content stored on and served by your Aim2Colo server.

18. Colocation Liability
Aim2Colo assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with Aim2Colo.