Cogent Internet Solutions

Acceptable Use Policy (AUP) -

No Cogent i-Solutions customer shall:
1. Do anything illegal or anything that adversely affects Cogent i-Solutions legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Cogent i-Solutions will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.
2. Cracking/Hacking - attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
3. Child pornography - as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
4. Interstate gambling - because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
5. Pyramid schemes or fraud - are illegal under a number of Federal, State and Local laws.
6. Theft of services - attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
7. Harassment - use of Cogent i-Solutions network to harass or threaten (in the legal sense of those terms) any other person is prohibited.

Please consult an attorney if you are unsure of the legal status of your activities.

8. Do anything that threatens the integrity of Cogent i-Solutions network or the utilization thereof by other persons.
9. Denial of Service (DOS) attacks - no customer will commit a DOS attack against any Cogent i-Solutions customer's host, or any other host on the Internet. Similarly, no Cogent i-Solutions customer will willfully or negligently allow incitement of others to attack any host on Cogent i-Solutions network, or any other host on the Internet.
10. RBL- No customer shall do anything that could get any portion of Cogent i-Solutions IP space put on the RBL (Realtime Black List) as maintained by MAPS or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of Cogent i-Solutions's IP space.
11. Perform actions that cause unusual load on Cogent i-Solutions servers, that cause slowness or denial of service to other Cogent i-Solutions customers
12. Do anything that threatens the Internet or any other network.
13. No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
14. No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.
15. Spam - No customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net, and/or email postmaster.com for clarification.
16. No spam may originate from Cogent i-Solutions IP space.
17. No spam may advertise sites or services located on Cogent i-Solutions IP space (even if the spam originates elsewhere).
18. No Cogent i-Solutions customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
19. No customer shall participate in pyramid schemes or email chain letters.

Furthermore, all Cogent i-Solutions customers must:
20.Maintain the following email addresses and respond promptly to all email sent to these addresses:
20a. This email address is being protected from spam bots, you need Javascript enabled to view it
20b. This email address is being protected from spam bots, you need Javascript enabled to view it
21. Maintain and enforce on their clients an AUP similar in scope and intent to this document.
22. Maintain a policy requiring proper "From" and/or "Reply-To" headers for email and usenet postings.

Cogent i-Solutions reserves the right to terminate or interrupt any account in part or in full without refund for violation of this Acceptable Use Policy. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Cogent i-Solutions sole discretion.

For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at sales@Cogent i-Solutions.net.

This Acceptable Use Policy may be modified from time-to-time. Customers should monitor this page for changes, which become effective 30 days after posting. Variations to this Acceptable Use Policy are not permitted. Any variation presented by anyone, whether they are an official representative of Cogent i-Solutions or not is invalid.

Terms of Service. (TOS) - Top

This agreement documents the terms of service for web accounts provided by Cogent i-Solutions to the account holder.

1. The account holder is responsible for the actions of account users.

2. Any use which interferes with the server's ability to function in its primary purpose of publishing web documents is prohibited.

3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at Cogent i-Solutions or sent via Cogent i-Solutions, is prohibited.

4. Use of Cogent i-Solutions's facilities to provide software or lists for mass mailing unsolicited email is prohibited.

5. Use of Cogent i-Solutions's facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.

6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.

7. Should the account holder become the target of a network attack, Cogent i-Solutions reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return server or network operation to normal.

8. Cogent i-Solutions will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.

9. Use of Cogent i-Solutions services, including the storage of information, is at the account holder's sole risk. Cogent i-Solutions does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Cogent i-Solutions's services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither Cogent i-Solutions nor anyone else involved in creating, producing, or delivering Cogent i-Solutions services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Cogent i-Solutions, the inability to use Cogent i-Solutions, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.

10. The account holder will indemnify and hold harmless Cogent i-Solutions against any loss, damage, cost and expense which Cogent i-Solutions may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Cogent i-Solutions's failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.

11. If Cogent i-Solutions is informed of an alleged copyright or trademark infringement involving an account, Cogent i-Solutions will attempt to notify the account holder of those allegations and secure a response. Cogent i-Solutions may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Cogent i-Solutions believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Cogent i-Solutions for any such removal or termination.

12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at Cogent i-Solutions's discretion. Cogent i-Solutions reserves the right to issue special invoices when the balance due will be more than $200 over the base monthly service fee.

12a. Any payments charged back or returned due to insufficient funds will be assessed a $50 penalty and sent for collection.

13. Cogent i-Solutions may terminate service to the subscriber at any time, without notice, for violation of this agreement. Cogent i-Solutions will not be liable for any damages or harm to the account holder resulting from such termination.

14. The account holder may terminate their account at any time. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to billing@Cogent i-Solutions.net, by postal mail or by fax. No Refunds are given once an accounts 30 day money back guarantee has expired.

15. Use of a Cogent i-Solutions account indicates acceptance of the terms of this agreement by the account holder.

16. This agreement shall be governed by and construed in accordance with the law of which each of each our servers. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

Privacy Policy. - Top

Cogent i-Solutions is committed to protecting your privacy online.
The following privacy policy explains what information we gather about you, and what it is used for.

Information

When you place an order, we need to know your name, email address, company name if applicable, mailing address, a home phone, work phone, fax number, your credit card number and expiration date. We need this information to process your order and to contact you, should there be a problem with your order.

Use of information

We do not disclose any personally identifiable information about you, such as your name, mailing address, email address or telephone number, to any third party except as necessary to register new domains. We use the information that we collect to improve our marketing and promotional efforts; additionally, we use it to analyze site usage, and to improve our product offerings.

We will use your email address and if need be your mailing address or phone number to contact you regarding administrative issues, maintenance issues, and about any change in the function(s) of our products.

We may also store the information that we gather from you in a file along with any email or other written correspondence that we have had with you. This information may be used to enforce our terms of service, or to resolve legal matters.

Cookies

Cogent i-Solutions uses cookies to track information about you. Upon entering Cogent i-Solutions website, a cookie is created. The only information that this cookie displays is where you came from. For example, if you found Cogent i-Solutions from a search engine, the cookie will tell us from which search engine. Cookies are small packets of information that are sent from a web server to your browser, and then stored on your hard drive. Many of the newer browsers allow you to turn cookies "off." This means that when you visit a site that sets cookies, your computer will not accept it.

We use cookies to track where visitors are coming from. We look at which search engines, directories, and other web sites are bringing the most traffic to our site. We then take this information to fine tune our marketing efforts.

Disclosure

Cogent i-Solutions will not disclose any information about any individual user except to comply with applicable law or valid legal process, or to protect the personal safety of our users or the public. Cogent i-Solutions may disclose any information about their users under special circumstances that include but are not limited to complying with the law, or assisting in rectifying an unjust doing.

Changing Info

We encourage you to update your personal information to keep it current. You can update your personal information in the billing interface.

We strongly recommend that you limit the access to your password as much as possible. If possible do not disclose your password to anyone. Should someone with access to your password wish, all of your account information can be changed. You will be held liable for any activity that may occur as a result of you losing your password. Therefore, if you feel that your password has been compromised, you should immediately contact any member of the Cogent i-Solutions staff to rectify the situation.

Questions

By using our web site, you approve of the collection and use of your information by Cogent i-Solutions. If at any time, we change our privacy policy, we will post those changes here. Should you have any questions about your privacy at Cogent i-Solutions, please send e-mail to support@Cogent i-Solutions.net

Service Level Agreement. - Top

COVERAGE
This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with Cogent i-Solutions.

SERVICE LEVEL
Cogent i-Solutions endeavors to have network connectivity available by http access by third parties 99% of the time ("web site availability").

CREDITS
In the event that there is no web site availability, Cogent i-Solutions will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month:

In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced web site unavailability so that we may check our stats. You must request credit by sending a request to our billing department via our helpdesk. The message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Cogent i-Solutions. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no web site availability.

RESTRICTIONS
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Cogent i-Solutions's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, DDoS attacks (distributed denial-of-service), unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

LIMITATIONS
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Cogent i-Solutions. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by Cogent i-Solutions, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

DEDICATED SERVER RESTORE
Cogent i-Solutions is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. Cogent i-Solutions shall not be liable for loss of data under any circumstance.

HARDWARE REPLACEMENT
Hardware replacement will occur within 1-8 hours of the reported problem, Cogent i-Solutions will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must within 10 days of reported violation contact our sales department via our helpdesk. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*