Cool Web Design Acceptable Use Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Cool Web Design, LLC ("Cool Web Design"). If you (the "User") engage in any of the activities prohibited by this AUP document Cool Web Design may suspend or terminate your account.

Cool Web Design's Acceptable Use Policy (the "Policy") for Cool Web Design Services is designed to help protect Cool Web Design ("Cool Web Design"), its customers, vendors, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Cool Web Design. Cool Web Design reserves the right to modify the Policy at any time, effective upon posting at http://www.cool-webdesign.com/aup.htm.

Prohibited Uses of Cool Web Design's Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Bulk Email, whether unsolicited or opt-in, through Cool Web Design's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Cool Web Design's servers, is prohibited. Cool Web Design accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. In the event that bulk email is sent from your account and blacklisted by a recipient ISP, your account may be terminated, whether the message was unsolicited or not. We can provide a list of specialized Bulk Emailing Services who can assist you in an email campaign.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Cool Web Design customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Cool Web Design hosted domain, or referencing any Cool Web Design account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Cool Web Design customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Cool Web Design network or on another provider's network.

10. Using Cool Web Design's Services to interfere with the use of the Cool Web Design's network by other customers or authorized users.

Customer Responsibility for Customer's Users and Content

Each Cool Web Design customer is responsible for the activities of its users and, by accepting service from Cool Web Design is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Cool Web Design customer will be forwarded to the Cool Web Design customer's postmaster for action. If violations of the Cool Web Design Acceptable Use Policy occur, Cool Web Design reserves the right to terminate services with or take action to stop the offending customer from violating Cool Web Design's AUP as Cool Web Design deems appropriate, without notice.

User agrees to assign a point of contact for Cool Web Design to request site updates or additional services. If work is requested by an employee/agent of User's organization, the organization is responsible for the costs incurred for those updates or services.

User agrees that it owns the copyright for all content posted on its website, including but not limited to: Multimedia such as music and videos, artwork, logos, PDF's, text and images, downloadable files, etc. In the event that User posts materials belonging to another party, User is responsible for obtaining permission to use that content and agrees to display all copyright/trademark notices required by content owner. If Cool Web Design is notified by a copyright/trademark owner of an infringement, it may remove the disputed content or suspend the User's site according the DCMA guidelines. User agrees to indemnify and hold harmless Cool Web Design from any charges including but not limited to advertising costs, attorney's fees, and liabilities, arising from User's website content or site suspension.

If a User contracts with Cool Web Design for site design or updating services, it is User's responsibility to review their website for accuracy and function. User must notify Cool Web Design of any needed changes or corrections via FAX 216-373-1535 or email webms@cool-webdesign.com . Changes to websites will be completed within 3 business days. "Rush" requests (work to be completed within less than 3 business days) may incur a service fee, which will be explained to User at time of such request. There will be no additional fee for Rush requests made to correct an error by Cool Web Design.

Limitation of Liability

EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY COOL WEB DESIGN, LLC SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL COOL WEB DESIGN, LLC, ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM COOL WEB DESIGN, LLC) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COOL WEB DESIGN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN COOL WEB DESIGN, LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. Cool Web Design and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site the Cool Web Design web site; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or reregistration fee; or (10) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under Cool Web Design LLC's sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.

HOSTING: If such claims are made the User agrees that the value of such claim is not to exceed a total of $30.00 or one month's service charge paid by the User, whichever is greater.

DESIGN: If such claims are made the User agrees that the value of such claim is not to exceed a total of $30.00 or the total amount paid by the User for the specific design or update task, whichever is greater.

Payment Terms and Customer Contact Information

As consideration for services rendered, the User agrees to pay Cool Web Design all invoices within 30 days of receipt. Overdue invoices are subject to a $15 late payment fee. In order to assure continued visibility of User websites and email accounts, all domain names with renew automatically 2 weeks before expiration. If you wish to cancel your domain registration or hosting, you must notify us in writing within 30 days of domain name expiration or you will be responsible for the domain name renewal charge of $15.00.

User is responsible to notify Cool Web Design of any contact information changes including names, addresses, telephone numbers, or email addresses. Notification must be in writing, by FAX: 216-373-1535, Email: support@cool-webdesign.com, or Postal Mail:
Cool Web Design, LLC
PO Box 24717
Mayfield Heights, OH 44124