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About Cobalt Racks: Acceptable Use Policy

Cobalt Racks(TM) Acceptable Use Policy described below defines the actions that CBR considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and (ISP's), their users on behalf of CBR to advertise any service hosted by CBR or connected via the CBR Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, Cobalt Racks will be referred as CBR and companies or individual account owners using our services as CUSTOMERS.

IMPORTANT NOTICE: *All Payments To Cobalt Racks Are Non-Refundable


Support


Specification of Service

We provide free support for the initial setup of your Cobalt using the GUI for 30 days. We do not support any third pary applications or any applications that are not standard Cobalt applications. Support for ASP, PHP, MySQL and CGI will only be supported though online references. For example, Cobalt Networks.

As Cobalt Racks Customer, you already benefit from our superior technology and expert staff. Our monthly hosting fees include the following:

  • A high-speed dedicated Cobalt RaQ Server.
  • Any hardware failures are our responsibility. Cobalt Racks will replace any failed hardware but is not liable for downtime or loss of data that results from hardware failure.
  • Total control of your server through root or administrator access
  • Uninterruptible power management system and redundant power
  • Network monitoring
  • Connection to Internet backbone
  • 30 days of free Cobalt Racks support.
  • Our contract does not include CBR system administration or consultation. However, you may obtain these services using a System Administration Support contract per hourly charge of $25.00. To retain support services, or support after the first 30 days use our Trouble ticket System(http://tickets.cobaltracks.com).


  • Reboot / Reload policy
    9AM - 9PM: You get 5 reboots a one Operating System Reload per month.
    9PM - 9AM: Each reboot will have a one time fee of 5 dollars. A reload has a fee of 20 dollars.


     CBR Acceptable Use Policy has been formulated with the following goals 


    * Ensure security, reliability and privacy of CBR systems and network, and the networks and systems of others.

    * Avoid situations that may cause CBR to incur civil liability.

     * Maintain the image and reputation of CBR as a responsible organization. 

    * Preserve the value of Internet resources. 

    * Encourage the responsible use of net resources, discouraging practices that degrade the usability of network resources and thus the value of Internet services. 

    * Preserve the privacy and security of individual users. 


    The Acceptable Use Policy below defines the actions that CBR considers to be abusive, and thus, strictly prohibited. 

        The examples named in this list are non-exclusive, and are provided solely for guidance to CBR customers. If you are unsure whether any contemplated use or action is permitted, please open a trouble ticket or send us an email and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by CBR, or connected via the CBR network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. 


    Network Security

        Customers may not use CBR's network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. IRC or IRC programs that is considered dangerous to CBR's network will be prohibited. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else's network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action. CBR will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Cobalt Racks reserves the right to charge up to $500 per complaint to investigate. 


    High-risk services

    High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
      Customer Spamming Policy  

        Cobalt Racks has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers. 

    The Policy -

        * Cobalt Racks has the right to charge $500 per complaint to investigate. 

        * Cobalt Racks does not deal with your customers or their customers etc.; we hold our customers responsible for dealing with spam from or about their section of the network. 

        * On the first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours we have the right to suspend the server.

        * On the second complaint we will suspend your server and send you notice.

        * On the third complaint we will suspend your server and depending on the investigation you may be charged our 500 dollar fee.

        * If at anytime we determined that you are deliberately violating our AUP we will either suspend or terminate your server at CBR sole discretion. The 500 dollar investigation fee will apply if we determined that you are deliberately violating our AUP.

        * All notices about spam complaints will be sent to the email address that you signed up with or the one that we have on file.



    What this means to you? 

        * 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. 

        * You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own. 

        * You must promptly investigate and deal with any spam or other abuse complaints forwarded to you. 

    Why this Policy?

        We at Cobalt Racks strongly believe that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the newsgroups and E-mail of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming. 


    Bandwidth Charges 

        Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for CBR than most other Internet hosting services. If you exceed the traffic limit(51GB per month on the RaQ 3's, and 66GB per month on the RaQ 4i's) then there will be a $2.75 charge per GB (extra traffic is only sold in blocks of 10GB). These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment. 


    IP Policy 

    Extra IP Numbers (not counting your 4 starting IP Numbers) will cost one dollars extra per month on your account. At this moment, due to worldwide shortage of IP's, we have to limit our customers to only 8 IP's total per server. If our customers need more IP's to run SSL, we can assign more IP's, provided our customers will justify their IP usage per ARIN ( the American Registry for Internet Numbers) rules.Please follow the guidelines below to request additional IP numbers.

  • Self signing SSL Certs can not be used for justification of extra IP address.
  • Using IPs that has not been assigned to you by Cobalt Racks is subject to a 500 dollar fee and possible termination.
  •     Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Cobalt Racks. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as name-servers will be billed at our current administrative services rates. 


    General Conduct

         Customers are prohibited from transmitting on or through any of CBR's services, any material that is, in CBR's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. CBR's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. CBR's reserves the right to remove such illegal material from its servers. CBR also has the right to permentally shutdown a server if the said server contains any illegal information or is in the act of performing an illegal activity. CBR does not have to give notice of a shutdown.

         The customer is responsible for keeping his billing data with CBR up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

         Important IP Disclosure: Cobalt Racks may assign customer a reasonable amount of IP addresses on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Cobalt Racks and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Cobalt Racks to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $100 separate from any other service or incident fees prepaid by customer.


    Payment

        * · CBR accepts following payment methods: credit cards, wire transfers, Western Union transfers, cashiers checks in USD and money orders in USD.  

        * Customers agree to supply appropriate payment for the services received from CBR, in advance of the time period during which such services are provided. 

        * Customers agree that all setup fees are non-refundable once setup is completed. 

        * Customer is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that CBR may apply the amount due to the provided card at any time.     

        * All statements are sent to customers via e-mail. 

        * Customer understands and agrees that CBR shall not be responsible for any charges or expenses that customer may incur resulting from overdrawing customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charge generated by Cobalt Racks pursuant to this authority. 

        * Returned checks will incur an administrative fee of $25 US. 

        * Timely payment is crucial. All accounts that are past due by more than five calendar days are subject to 10% late Fee and interruption of service(s) without further notice. With all disconnection's, a $50.00 reinstatement fee will apply to reactivate the service(s) again. If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply. 


    Contract Length

        The minimum contract length for any of our services is 6 months, for Network Access and Dedicated Server services. Customers can change programs or services as many times as they want. There will be a $100.00 downgrade fee to change to a lower Dedicated Server Plan. There is NO upgrade fee to change to a higher Dedicated Server Plan. 


    Cancellation:

         CBR reserves the right to cancel service(s) at any time. Customer understands that service(s) can be cancelled at any time with or without notice to the customer

         Due to protection concerns, all account cancellations must be done in writing via US mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted. 

        Upon termination, either by Cobalt Racks or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. Customer further agrees to pay Cobalt Racks all reasonable administrative costs if Cobalt Racks must intervene in reregistering the hosts. 


    CBR Disclaimer:

        * CBR is not responsible for any damages your business may suffer. 

        * CBR does not make implied or written warranties for any of our services. 

        * CBR 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 CBR. 

        * The Customer will not use its network nor space provided by CBR to violate any law. In the event Customer violates existing law, CBR shall have the right to terminate all service set forth in this Agreement. In the event that CBR is informed by government authorities of inappropriate or illegal use of CBR facilities or other networks accessed through CBR, CBR may terminate customer's service. 

        * CBR will cooperate fully with investigations of violation of systems or network security at other sites. 

        * CBR will cooperate with law enforcement authorities in the investigation of possible criminal violations. 

        * Customers who violate systems and/or network security, may incur in criminal or civil liability. 

        * CBR reserves the right to amend its policies at any time. Our Customers will be held responsible for the actions of our customers' 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. 


    NOTICE!

        The Cobalt RaQ is designed to be administered totally via the Web-based admin interface. Cobalt Racks will not support anything done outside of the Web-based admin interface on the Cobalt RaQ, specifically any modification of files from a telnet, SSH, or console shell (this includes, but it not limited to the configuration files, software programs or data that are part of the Cobalt's operating system) that results in improper or impaired function of the product or system failure. This excludes modification of files by employees of Cobalt Networks, Inc

    By agreeing to our Acceptable Use Policy you acknowledge the following

  • You must follow all Virgina State laws and Federal US Laws.
  • Any legal disputes will be handled in Winchester(Virginia,USA) and or Frederick County(Virginia, USA) Courts.




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    We welcome comments about our website, which may be forwarded to webmaster@cobaltrack.com
    Questions regarding sales should be forwarded to webmaster@cobaltrack.com
    Please review our Acceptable Use Policy

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