Terms of Service (TOS)

Terminology
Supporting Policies
Modification
30 Day Guarantee
New Accounts
Domain Names and Domain Transfers
Content
Liabilities
Payments
Overage Charges
Cancellations
Refunds/Account Termination
Bandwidth Usage
Reseller Plan Limits

Terminology

Terms used throughout these and other legal policies set forth by Colorado Web Hosting are detailed as follows: Colorado Web Hosting is a solely owned proprietorship, located in the state of Colorado herein may also be known as, but not limited to, "We", "Us", "Our" and "USAWH". The Account holder may also be herein know as, but not limited to, "You", "Your, "Client" and "Site Owner".
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Supporting Policies

This "Terms of Service" (TOS) is supported by additional policies and agreements. Acceptance of this Terms of Service further signifies your acceptance of all other policies and supporting documents. These policies are, but not limited to:
Acceptable Use Policy (AUP)
Privacy Policy (PP)
Service Level Agreement (SLA)
Resource Abuse Policy (RAP)
Mail Policy (MP)
Defamatory or Libelous Content Policy (DLC)
Any client using the services of USAWH has by action of acceptance agreed to all terms and policies set forth.
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Modification

USAWH reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes USAWH may reasonably make to this agreement when such changes are made. If you have purchased services or software from USAWH, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
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Satisfaction Guaranteed

30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from USAWH during the first 30 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
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New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and USAWH, this process may sometimes be delayed.
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Domain Names and Domain Transfers

In order for your domain name to point to the USAWH server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.centennialwebhosting.com and secondary- ns*.centennialwebhosting.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to USAWH and away from your original registrar. You must have or create an account at USAWH and initiate a transfer. A domain transfer is $14.95 and that goes toward one year of registration with USAWH, added on to your current registration period with the previous registrar.

USAWH will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. USAWH does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk by clicking here.
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Content

USAWH believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if USAWH is made aware of any questionable content on a USAWH-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a USAWH server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
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Liabilities

USAWH, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall USAWH be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department. You may visit our helpdesk by clicking here.
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Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by USAWH, you agree to pay USAWH at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. USAWH expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address. Shared hosting, reseller hosting, dedicated servers and collocation services are all billed on an automatic basis. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the services unless that date falls after the 28th of the month in which case your billing date will be the 28th of each month. If you signed up for an annual (or longer payment plan), USAWH will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with USAWH at USAWH's then current rates.

If for any reason, USAWH is unable to charge your payment method for the full amount owed, or if USAWH is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that USAWH may peruse all available remedies in order to obtain payment. You agree that among the remedies USAWH may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that USAWH shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.
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Late Payments

If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that USAWH holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment for hosting is not received 2 days after the due date.

Shared/Reseller Accounts 15 days past due will be assessed a 15% USD late fee added to the current amounts due to re-activate service. Dedicated Server Accounts 15 days past due will be assessed a $50.00 USD late fee to re-activate service.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that USAWH holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK by Clicking Here.

Dedicated Servers -

All dedicated server and collocation server invoices will be generated 15 days prior to the due date.

All server invoices are due on the monthly anniversary date of the month your server was ordered, unless otherwise specified on your invoice.

Invoices are considered as late after the 2nd day past the due date on the invoice. After this date, past due clients will be subject to suspension.

Suspensions will run at about 12:15 AM EST two days after a payment is deemed to be late. We run suspensions on any date or any holiday and over weekends, as our system is automated and our technical support department is available to assist you 24 hours a day. No grace period is given for weekends or holidays as we are fully staffed.

Late fees will be enforced on accounts not paid and past due 15 days. A late fee equal to 15% of the current invoice will be added to the late invoice and will have to be paid as well as the original amount due to bring an account to active status back from a suspended status.
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Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth excitement warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
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Cancellations

Shared/Reseller/Dedicated/VPS/Collocation Accounts - If you wish to cancel your services, you must complete this cancellation form five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. The cancellation form is located in your CLIENT AREA under the account you wish to cancel.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of USAWH staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
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Refunds/Account Termination

If, for any reason, USAWH fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces USAWH to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
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Bandwidth Usage Policy

All dedicated server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overage's exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overage's at the rate of $95.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overage's = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $95.00/mbps = $47.50

If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: http://en.wikipedia.org/wiki/Burstable_billing
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Reseller Plan Limits

The primary cPanel account of our reseller plans include 100mb of disk space, 10 GB of bandwidth in addition to the reseller resources advertised. These complimentary resources are provided as is, and may be forfeited in the event that these resources are exceeded.
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