ColdhostGar Terms of Service

ColdhostGar provides web hosting services to clients World Wide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of ColdhostGar are subject to the following terms of service:

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at support(@)coldhostgar.com

Billing & Refunds

At this time we offer Monthly, Quaterly, Semi-Annually, Annually, Bi-Annually According to the Hosting Plans.Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.All Sales are Final We accept Credit/Debit cards, Bkash/Nagad/Rocket/Upay, & Wire/Bank Transfer Payments.There is no Minimum Contract Periods for any plans.In Case of any Disputes We are unable to offer any refunds its your responsibility to check our Services in the 7 Days trial peroid.Due to the nature of Business and service maintaince we don’t offer any refunds so All the Sales Made From ColdhostGar Are Final

Late Payments

All service renewal bills are generated according to the dates they were first activated on. As per the system settings the service will be suspended on the 7th day from the due date and terminated on 25th day from the due date.Late Fee of $0.50 Will be added to your invoice incase if you didn’t made the payment before the suspension.The late fee should be paid by you to get your service re-activated.

Cancellation & Refunds

ColdhostGar reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse on our staff in any medium or format will result in the suspension or termination of your services.Due to Nature of the hosting business and service maintainance charges we don’t offer any Money back / Refunds so all sales are final which are purchased from ColdhostGar. There are no refunds on Abuse Case Reactivation Fee, administrative fees, install fees for custom software, or domain name purchases.

Coupons/Discounts

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Acceptable Usage Policy

ColdhostGar provides services to clients all around the world. ColdhostGar has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.
ColdhostGar will be the sole arbiter as to what constitutes a violation of these provisions.

General:

Services provided by ColdhostGar 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.
The subscriber agrees to indemnify and hold harmless ColdhostGar from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:

Examples of unacceptable content include, but are not limited to:

Copyrighted media, without authority to distribute or display
Unlicensed applications
Cracking programs or key generators
High Yield investment programs or HYIPs and related monitors, top list etc.
Child pornography or kidnapping material
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions Virus, Spyware, Malware, or other infectious material.
Material protected by trade secret or other statute.
Adult Content, Dating Sites, forums, hacking scripts, scripts that abuse server etc.
Torrents/Warez or any other related websites are strictly forbidden.
E-commerce websites are strictly not allowed on shared hosting servers.

Additionally, ColdhostGar prohibits:

IRC and associated programs (including psybnc, bots, etc.)
Game servers, voice servers and related applications.
Scripts commonly used for abuse, attacks, or flooding
Threatening, harassing, or obscene content
Using Shared and Reseller services as a backup (Not allowed more than 50GB)
Links to unacceptable content, or as defined above, are also prohibited and will be suspended without any prior notice,
ColdhostGar have the right to choose whether the content is allowed or not and can take immediate decisions.

Online Activity:

Any attempts to undermine or cause harm to the ColdhostGar equipment, network, operations, or clientele is STRICTLY prohibited. ColdhostGar will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Hostbigspace, is prohibited. ColdhostGar has complete right to Fine you for amount of damage done to ColdhostGar operations. This includes, but is not limited to:

Denial of Service Attacks (DOS/DDOS)
Unnecessary Port Scans
Mail Bombing
Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
Any Hacking Activity.
Free Domain Extensions
We don’t allow free domain extensions on server for security reasons.

Bulk Email:

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the ColdhostGar network, or spamvertising (unsolicited advertising of) sites hosted on the ColdhostGar network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria::

The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.


All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If ColdhostGar approaches a client for evidence of confirmation, this request must be honored within 24 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the ColdhostGar network to be blacklisted, ColdhostGar reserves the right to terminate customer account and fine the customer.

Policy Violations:

ColdhostGar may, at any time, audit systems for any data/activity showing potential policy violations. No Backup will be provided of any account found violating our Policy or AUP.

Policy Violations Charges If you violate our Policy or AUP for the second time a service charge should be paid to reactivate your account. (Rs:1,000.00 – Rs:5,000.00)

Warnings:

The ColdhostGar Abuse Dept. makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any ColdhostGar staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Suspension/Deactivation:

If any terms or conditions are failed to be followed, the client risks service suspension or termination. ColdhostGar reserves the right to remove any account, without prior notice. If ColdhostGar deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Unauthorized Usage

In any case involving unauthorized parties utilizing a ColdhostGar service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. ColdhostGar may opt to disable all services until the client can perform such an investigation.

In general, the client is responsible for maintaining a secure system. The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Resource Usage:

ColdhostGar will be not allow any account on server that causes load issue or consumes more resources than allotted. ColdhostGar has the right to immediately suspend any such account without prior notice.

Anti-Nulled Scripts Policy:

ColdhostGar like any other host is against the usage of Nulled Scripts (Plugins, themes, scripts etc.). Any account found using nulled script is immediately terminated. ColdhostGar team randomly checks websites and the themes and plugin they are using, if any premium plugin/theme is detected, we check for the latest version of it available in the market. If the version of theme/plugin does not match with the latest version, We suspend the site. Client has to show the purchase invoice or any other proof in order to un suspend the site again.

Unlimited Plan Limitations: Any reseller plan which states unlimited account does not mean you can create unlimited accounts under it. All unlimited plans are limited to 50 GB bandwidth or 160 total accounts (accounts under sub resellers are counted) whichever comes first. Any account further created will automatically be suspended by system. If clients want to increase this limit on accounts, he needs to purchase another hosting plan.

Bandwidth:

Overage fees will apply to any service utilizing more than its assigned bandwidth allocation, except for those unmetered bandwidth vps and servers. Overages will be calculated based on overall amount of Gigabytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. ColdhostGar may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Backup Policy:

We take weekly and monthly backups of all shared hosting and reseller hosting accounts. However, any account consuming space more than 2GB (2048MB) will be excluded from weekly backup. Such accounts will be backed up only once in a month. Any account consuming space more than 5GB will not be backed up at all.� Respective reseller is responsible for backup of such accounts. We dont take backup for VPS and dedicated servers accounts.

Filtering:

ColdhostGar reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Virtual Private Servers (VPS):

To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, ColdhostGar may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Abusive Clientele:

ColdhostGar may at its discretion suspend or terminate service of any client that is abusive/harassing to ColdhostGar and/or ColdhostGar employees. Examples of such activity include, but are not limited to:

Verbal abuse: cursing, yelling, threatening, etc.
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming ColdhostGar email addresses, ticket systems, or servers
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
Consistent late payments or responses
Issuing a chargeback or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other ColdhostGar clientele

Disclaimer

ColdhostGar shall not be responsible for any damages your business may suffer. ColdhostGar makes no warranties of any kind, expressed or implied for services we provide. ColdhostGar disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ColdhostGar and its employees. ColdhostGar has rights to Change the Terms of Service/Refund Policy/Pricing of Plans anytime with or without Notice