Service Level Agreement

1.1

You agree to use all CoolMo Design services and facilities at your own risk. CoolMo Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall CoolMo Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

1.2

Customer agrees that it shall defend, indemnify, save and hold CoolMo Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CoolMo Design, 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 customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CoolMo Design against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with CoolMo Design’s server.

1.3

CoolMo Design reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third-party Copyright infringement any defective products sold to customer from CoolMo Design’s server. CoolMo Design shall be the sole judge of what violates this Policy.

2.1

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the service. If you are not satisfied within your first 30 days, we would be happy to provide you with a full refund (minus any setup fees, domain name registration costs, content creation, or custom development. Emphasized note: Domain Name registration fees are always nonrefundable!

2.2

We accept Visa, Master Card, American Express, Discover Card. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

3.1

All accounts are billed according to the dates they were first activated. Accounts unpaid after 5 days of due date are subject to suspension which will result is complete shutdown of all services including but not limited to email and hosting. There will be a late fee applied to all accounts to remove a suspension.

3.2

If your account remains unpaid after 30 days of suspension, your account will be terminated. This means your website files, email, databases will all be permanently deleted. THIS CANNOT BE UNDONE! You will receive an multiple email reminders during the 30 days leading up to account deletion.

4.1

All services provided by CoolMo Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.

4.2

The subscriber agrees to indemnify and hold harmless CoolMo Design and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

4.3

Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

4.4

Pornography is prohibited on all CoolMo Design servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

4.5

Subscriber acknowledges 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.

4.6

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.

4.7

Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, is not permitted on our network.

4.8

Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources, or you have a right to distribute the materials. Accounts suspended due to content or AUP violation(s) are not refunded under any circumstances.

5.1

CoolMo Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.

5.2

Furthermore, CoolMo Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of our servers. All damages shall be limited to the immediate termination of service.

6.1

CoolMo Design cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.

6.2

Certain services provided by CoolMo Design are resold. Thus, certain equipment, routing, software, and programming used by CoolMo Design are not directly owned or written by CoolMo Design. Moreover, CoolMo Design holds no responsibility for the use of our clients’ accounts.

6.3

If any terms or conditions are failed to be followed, the account in question will be automatically deactivated.

6.4

We reserve the right to remove any account without advanced notice for any reason without restitution as CoolMo Design sees fit</p>

6.5

CoolMo Design retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.