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Legal
Information - Acceptable Use
Policy:
Terms
of Service
Acceptable Use Policy (AUP)
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
Acceptable
Use Policy
This "Acceptable Use Policy"
or "AUP" of Cobra Host applies to all divisions, subsidiaries,
affiliates and identities used by
Cobra Host and references hereinafter to
Cobra Host. This AUP is designed to provide a clear
understanding of the rules,
regulations, and restrictions on
the use of the Services, Servers,
and IP Addresses of
Cobra Host. We may, from time to time at the sole
discretion of
Cobra Host, impose rules, regulations, or restrictions
not expressly stated in this AUP
on the use of the Services,
Servers, and IP Addresses. We may
further, from time to time at the
sole discretion of
Cobra Host, modify this AUP and such modification shall
become immediately effective upon
posting of the modified AUP to
our website or by notification to
you of the modified AUP. This AUP
is not exhaustive.
Cobra Host provides Internet World Wide Web page
hosting, Marketing, and
Development.
Cobra Host has certain legal and ethical
responsibilities consisting with
the use of its server and
equipment involved in these
services.
Cobra Host general policy is to act as a provider of
Internet presence.
Cobra Host reserves the right to suspend or cancel a
customer's access to any or all
services provided by
Cobra Host when we decide that the account has been
inappropriately used.
Overview
We do not allow the following:
Any account(s) found breaking our
policies will be removed and
canceled without notice.
- Spamming (sending
unsolicited email or posting
messages to irrelevant UsetNet
newsgroups that do not
explicitly allow advertising,
with references to a site
hosted on our servers)
- Sites encouraging illegal
activity or racism, sites
providing instructions or
performing illegal activities.
Any site conducting illegal
activities and / or copyright
infringements.
- Violations and attempted
violations of system &
network security. Or any type
of tampering with the system
with the purpose to inflict
harm.
- Peer to Peer / Portal and
upload and download type sites
related to hacking and
warez.
- Specific Violations of
This AUP (not an exclusive
list): Advance Fee Fraud,
Child Porn Site, Child Porn
Email, Copyright Infringement,
Cracking, Forgery, Fraud Site,
Hacking, HYIP Site, ID Theft,
Infection, Invalid Hostname,
Open Relay, Pharmaceuticals,
Phishing, Proxies, Proxy
Hijack, ROKSO, SORBS, Spam,
Terrorist Site, Wares.
- Any account found breaking
our policies will be suspended
or terminated
immediately.
Account Setup & Email
on file
We will setup your account
after we have received payment
and we and/or our payment
partner(s) have screened the
order(s) in case of fraud. It is
YOUR responsibility to provide us
with an email address which is
not @ the domain(s) you are
signing up under. If there is
ever an abuse issue or we need to
contact you. The primary email
address on file will be used to
do so. It is YOUR responsibility
to ensure the email address on
file is current or up to date at
all times.
Server Abuse
Any attempt to undermine or
cause harm to a server, or
customer, of
Cobra Host is strictly prohibited.
Unauthorized use of other
people's accounts or computers.
Cobra Host will strongly react to any use or attempted
use of an Internet account or
computer without the owner's
authorization. Such attempts
include "Internet scamming"
(tricking other people into
releasing their passwords),
password robbery, security hole
scanning etc.
Any unauthorized use of
accounts or computers by a
Cobra Host customer, whether or not the attacked account
or computer belongs to
Cobra Host, will result in action against the attacker.
Possible actions include
warnings, account suspension or
cancellation, and civil or
criminal legal action, depending
on the seriousness of the
attack.
IMPORTANT NOTE -
Cobra Host has the right to discontinue service, or deny
access to anyone who violates our
Policies or the terms and
conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No
refunds of fees paid will be made
if account termination is due to
violation of the terms outlined
below.
Shared server accounts are
limited in use of the amount of
server resources. Shared server
resource abuse includes any
process or service usage that
affects normal shared server
operation, resources or
connectivity, and which causes a
server to become overloaded.
Shared server resources include
CPU and memory usage, number of
concurrent processes, number of
concurrent port or database
connections and total bandwidth.
Possible causes of server
resource abuse include, but are
not limited to, the improper use
of: CGI, Perl, Sendmail, mySQL,
PHP, COLDFUSION, HTTP, SMTP, POP3
and FTP.
Customers may not run IRC,
bots or clients on shared
servers. Unacceptable uses also
include, but are NOT limited to:
Bulk emailing, unsolicited
emailings, newsgroup spamming,
illegal content, copyright
infringement, trademark
infringement, warez, cracks,
software serial numbers, and/or
anything else determined by
Cobra Host to be unacceptable use of
Cobra Host 's services including abuse of server
resources.
To maintain the quality of our
bandwidth and servers, we do not
tolerate violations and attempted
violations of system and network.
We do not allow mini download
sites, warez sites, or proxy
sites. Any accounts that have
more than 50,000 inodes are
deemed to be a potential harm to
the servers, and will be deleted
without notice.
Shared hosting accounts may be
terminated that include the
following content or which have
links to the following content:
Providing material that is
grossly offensive to the Web
community including blatant
expressions of bigotry, racism,
hatred, or profanity. Promoting
or providing instructional
information about illegal
activities, or promoting physical
harm or injury against any group
or individual. Displaying
material containing obscene
nudity or pornographic material.
Displaying material that exploits
children under 18 years of age.
Acts of copyright infringement
including offering pirated
computer programs or links to
such programs, information used
to circumvent
manufacturer-installed
copy-protect devices, including
serial or registration numbers
for software programs, or any
type of cracker utilities.
Abuse of Unlimited
Features
When we say unlimited domains,
unlimited disk space and
unmetered bandwidth, of course
there are terms & conditions
that you must adhere to. This
means unlimited webpages, domains
and web graphics, not downloads
or streaming media. Our servers
are shared hosting servers and
memory and CPU usage is not
unlimited. CPU intensive files
are not permitted on our servers
and accounts may not to be used
to host a collection of mp3s,
audios, videos, anime, .rar
files, Warez, gamers sites, shout
cast and similar, or to backup
your computer or another source.
They may not be used for general
storage of any type. They may not
be used as download mirrors or
download/upload portals. While
the sale of eBooks and other
legal small download files are
permitted within reason with the
unlimited package, hosting and
storage of mass quantities where
our servers are used as a
distribution point is not
permitted.
Cobra Host offers an account where customers are
privileged to use unlimited
traffic and disk space for their
web sites. The intention of
Cobra Host is to provide a large space to serve web
documents, not an off site
storage area for electronic
files. All (90%) of your web
pages (html) must be 'linked'
with files (.GIF, .JPEG, etc.)
stored on Cobra Host servers. Web sites that are found to contain
either/or no html documents, a
large number of unlinked files
are subject to warning,
suspension or cancellation at the
discretion of
Cobra Host management. Any customer who violates
Cobra Host Policies in abusing either space/site
transfer will be notified and
given 2 days to remedy the
problem. If the problem is not
resolved within the allotted
period, the client will be billed
for the overages.
You will have 3 days to pay
for your overages. If you do not
pay for your overages your site
will be disabled within 3 days of
your first notice.
Cobra Host will be the sole arbiter as to what
constitutes a violation of this
provision.
Unsolicited Email
(Spam)
Unsolicited commercial
advertisements (spam) are not
allowed in e-mail, and will
likely result in account
cancellation.
Cobra Host takes a zero-tolerance approach to spam
originating from our servers or
for spam advertising of domains
hosted on our servers.
The following activities are
not allowed: Unsolicited bulk or
commercial messages ("spam").
This includes, but is not limited
to, bulk mailing of commercial
advertising, informational
announcements, charity requests,
petitions for signatures, and
political or religious tracts.
Such messages may only be sent to
those who have explicitly
requested it from your domain.
Forging, altering or removing
electronic mail headers is
prohibited. Any domain sending
stealth spam will be terminated
without warning and without
refund. Sending numerous copies
of the same or substantially
similar message with the intent
to disrupt a server or account
("mail bombing"). Spamming
Newsgroups: Commercial
advertisements are unwelcome in
most Usenet discussion groups and
on most e-mail mailing lists.
Inappropriate posting may result
in account cancellation. See the
newsgroup or mailing list's
charter for whether advertising
is allowed or not. "Spamming," or
sending a message to many
different off-topic newsgroups,
is particularly unethical and
will be treated as such. Mail may
not be used to harass or
intimidate others. Harassment,
whether through language,
frequency of messages, or size of
messages, is prohibited. Sending
a single unwelcome message may be
considered harassment. If a
recipient asks to stop receiving
e-mail, you must not send that
person any further messages.
Note: If you use the services
of another provider to promote a
web site hosted by or through
Cobra Host (spamvertising), then the provisions of the
above Policy shall apply as if
the spam were sent through our
servers.
Undesirable Content
Certain types of content are
not permitted on our network. We
do not host pornographic content
of any description. We reserve
the right to determine what
constitutes pornographic content
and what does not.
CGI Scripts
Each shared web hosting
account comes with its own
cgi-bin. You are free to use any
CGI scripts you wish, however we
reserve the right to disable any
CGI script that effects normal
shared server operation without
prior warning.
Chat Rooms
We do not allow clients to
install their own chat rooms
within a shared hosting account,
without approving it with the
Cobra Host's Support Team. Most chat rooms tend to be
large system hogs and we cannot
allow it as an account option.
Note: Parachat chat rooms do not
apply to this rule. They are
perfectly fine to install.
Abuse of SMTP Mail
Server
We do not allow clients to
send more than 2000 pieces of
e-mail per day from a shared
hosting account. If you do send
more than 2000 pieces of e-mail
per day, your account will be
placed on hold for Network Abuse.
If you are sending legitimate
e-mails and they total more than
2000 per day your account will be
moved to a special server that is
specifically designed to handle
high volumes of e-mail. There
will be an additional charge for
this, which will be in addition
to your regular hosting charges
if your account is moved to this
server. Please contact support to
have your domain moved.
Background Running
Programs
We do not allow programs to
run continually in the
background, or permanent FTP
connections.
IRC
We currently do not allow IRC
or IRC bots to be operated on our
servers. IRC servers are not
permitted on our network
Payment Policies
All accounts are set up on a
pre-pay basis. All pricing is
guaranteed for the term of
pre-payment.
Cobra Host reserves the right to change prices at any
time, unless other terms have
been agreed upon. Any account not
brought current within a week (7
days) of e-mail notice or
exceeding this time frame in any
way is subject to suspension. The
customer is responsible for all
money owed on the account from
the time it was established to
the time that the customer
notifies Cobra Host to request for termination of services. All
payment is in Sterling currency.
All Cobra Host accounts are setup on anniversary billing
cycles. Your particular billing
cycle corresponds to the contract
length that was initially chosen
at setup. Your account will
automatically renew at this
length. There is no fee to change
to a shorter billing cycle at the
end of the current cycle.
Cancellation
Cobra Host reserves the right to cancel service at any
time. All fees paid in advance of
cancellation will be pro-rated
and paid by Cobra Host if Cobra Host institutes its right of cancellation. Any
violation of policies which
results in extra costs will be
billed to the customer (i.e.
transfer, space etc.)
All of Cobra Host web hosting plans are backed by a 30 day
money back guarantee. If you are
not completely satisfied with our
services or support within the
first 30 days of your contract,
you will be given a full refund
of the contract amount excluding
setup fees, domain registration
fees, add-on/upgrade fees and
overages. For all web hosting
clients who cancel, the full
contract amount less any overages
will be refunded if
Cobra Host is notified within the first 30 days
following activation. No refund
is available after the 30th day.
This policy does not apply to any
additional services such as
overages, referrer logs,
additional disk space, additional
pop accounts, domain registration
fees etc. Due to security
concerns, all account
cancellations must be done via
your password-protected account,
or contact form. Email requests
will not constitute acceptance of
any cancellation. Refunds will be
made by company check or issued
back to your credit card or
paypal within 30 days of receipt
of cancellation.
Cancellation requests after
the first 30 days of service must
be received at least five (5)
days prior to your renewal
date.
Account Setup & Email
on file
We will setup your account
after we have received payment
and we and/or our payment
partner(s) have screened the
order(s) incase of fraud. It is
YOUR responsibility to provide us
with an email address which is
not @ the domain(s) you are
signing up under. (gmail,
hotmail, yahoo would be a good
email choice) If there is ever an
abuse issue or we need to contact
you. The primary email address on
file will be used to do so. It is
YOUR responsibility to ensure the
email address on file is current
or up to date at all times., and
to check your spam/bulk folder,
as we have no control over
this.
Intellectual Property
Rights
Material accessible to you
through Cobra Host services may be subject to protection by
international copyright laws, or
laws protecting trademarks, trade
secrets or proprietary
information. Except when
expressly permitted by the owner
of such rights, you must not use
Cobra Host or its servers and network in a manner that
would infringe, violate, dilute
or misappropriate any such
rights, with respect to any
material, which you access or
receive through the
Cobra Host network. If you use a domain name in
connection with
Cobra Host or similar service, you must not use that
domain name in violation of any
trademark, service mark, or
similar rights of any third
party
Network Security
Customers may not use the
Cobra Host network with an 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.
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.
Cobra Host 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 system or network
security may incur criminal or
civil liability.
Static / Dynamic Content
Caching
You expressly (i) grant to
Cobra Host a license to cache the entirety of your Web
Site, including content supplied
by third parties, hosted by
Cobra Host under this Agreement and (ii) agree that such
caching is not an infringement of
any of your intellectual property
rights or any third party's
intellectual property rights.
IP Address
Ownership
Cobra Host shall maintain and control ownership of all
IP numbers and addresses that may
be assigned to you by
Cobra Host and Cobra Host reserves, in its sole discretion, the right
to change or remove any and all
such IP numbers and
addresses.
Domain Name
Registration
Customer agrees to pay
Cobra Host prior to the effectiveness of the desired
domain name registration, the
then-current amounts set forth in
the Cobra Host price schedule for the initial registration
of the domain name and, should
Customer choose to renew the
registration, subsequent renewals
of the registration. All fees are
non-refundable, in whole or in
part, even if Customer's domain
name registration is suspended,
cancelled or transferred prior to
the end of Customer's then
current registration term.
Cobra Host reserves the right to change fees,
surcharges, renewal fees or to
institute new fees at any time,
for any reason, at its sole
discretion. Customer's requested
domain name will not be
registered unless and until we
receive actual payment of the
registration fee, and have
confirmed Customer's registration
in an email from
Cobra Host to the email address indicated in Customer's
registration application. In the
event of a chargeback by a credit
card company (or similar action!
by another payment provider
allowed by Cobra Host) in connection with the payments of the
registration fee for Customer's
domain name registration,
Customer agrees and acknowledges
that the domain name registration
shall be transferred to
Cobra Host as the paying entity for that registration to
the registry and that we reserve
all rights regarding such domain
name including, without
limitation, the right to make the
domain name available to other
parties for purchase.
Cobra Host will reinstate Customer's domain name
registration solely at
Cobra Host 's discretion, and subject to our receipt of
the initial registration or
renewal fee and our then-current
reinstatement fee.
Lawful Purpose
Cobra Host reserves the right to refuse service to
anyone. Customers may only use
Cobra Host servers for lawful purpose. Transmission of
any material in violation of any
law is prohibited. This includes,
but is not limited to copyrighted
material, material legally judged
to be threatening or obscene, and
material protected by trade
secrets. The designation of any
materials as such described above
is left entirely to the
discretion of
Cobra Host management. Defendants further waive all
objections to venue and
acknowledge that venue in any
such litigation will be held
within the district of
Cobra Host. IN NO EVENT SHALL Cobra Host'S MAXIMUM LIABILITY EXCEED ONE HUNDRED US
DOLLARS ($100.00).
Indemnification
CUSTOMER AGREES THAT IT SHALL
DEFEND, INDEMNIFY, SAVE AND HOLD
Cobra Host HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST
Cobra Host, 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 Cobra Host AGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR
OTHERWISE DISTRIBUTED IN
CONNECTION WITH
Cobra Host SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; (3)
COPYRIGHT INFRINGEMENT AND (4)
ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM
Cobra Host SERVER.
Disclaimer
Cobra Host WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER.
Cobra Host MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE.
Cobra Host DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY
Cobra Host AND ITS EMPLOYEES. Cobra Host RESERVES THE RIGHT TO REVISE ITS POLICIES AT
ANY TIME. ALL SUB-NETWORKS AND
RESELLERS OF
Cobra Host MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO
FOLLOW ANY TERM OR CONDITION WILL
BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION.
Data Back-Up
Although regular remote
back-ups will be performed (some
servers have local backups), We
will not be held responsible for
any loss of data. It is up to you
to ensure you maintain a local
copy of your web data for your
own back-up purposes.
Forum Posts &
Reviews
We have a zero tolerance
policy for posting negative
feedback on any public forum or
review site about our company
and/or our employees before
submitting a ticket to our
'Feedback' department to discuss
your issue. Violators will result
in immediate account termination
without any refund. Although it
is your right to post feedback
without discussing your issue
with us first, it is unfair and
unprofessional not to, which is
not the type of client we want to
deal with. We have the utmost
respect for all of our clients,
and are more than fair with all
of our clients. We will do
anything and everything possible
to keep all of our clients
satisfied. But in the unlikely
event you are not satisfied, all
that we ask is to discuss your
issue with our Feedback
department first. So if you are
the type of person to run to the
forums or review site at the
first chance you get to complain,
please do not sign up with
us.
Privacy Statement
Cobra Host follows the strict guidelines of our customer
privacy statement. Please make
sure you understand this
statement fully.
Prosecution and
Fines
Cobra Host co-operates fully with law enforcement
agencies in the investigation and
prosecution of criminal activity
and has zero tolerance for
violations of this AUP. We
reserve the right to levy charges
per incident for any violation of
this AUP.
Modification
Cobra Host reserves the right to add, delete, or modify
any provision of its Terms of
Use/AUP at any time without
notice.
 
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