Moxie Colo ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Moxie Colo Service constitutes acceptance and agreement to Moxie Colo AUP as well as Moxie Colo TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Moxie Colo and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the Province  of Ontario, City of Toronto applicable to contracts enforceable in that Province. Venue will be Toronto, Ontario

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Moxie Colo shall have the right to terminate all service set forth in this Agreement.
   
    

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   
    

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
   
   
    

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Moxie Colo may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   
    

5. Refund and Disputes: All payments to Moxie Colo are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Moxie Colo sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Moxie Colo an "Administrative Fee" of not less than $50 and not more than $150.
   
    

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
    

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent by email to accounting@moxiecolo.com
   
   
   Moxie Colo preferred method of cancellation is via the members section of your Moxie Colo account. Please log into the members section at https://billing.moxiecolo.com and you can request to have your server cancelled there via the online cancellation form.
   
   Once you submit your cancellation an email will be sent to the primary contact email address we have on file which will contain a link that you must click on to verify that your cancellation request is valid for the service/s specified in the email. The link contained in this email must be verified and clicked on within 48 hours of your request or it will expire. Once you click on the link your cancellation will be processed within 48 hours or less and we will send you a confirmation that your request has been completed.
   
   If you receive the email containing the verification link and do not click on it within 48 hours your request for a cancellation will not be processed and monthly recurring charges will continue to be charged to the credit card information found on file. An e-mail will be sent to the primary contact email address on the account to advise you that your cancellation request has not been processed.
   
   If you fail to click on the link within the 48 hours you may resubmit your cancellation request online via the members section.
   
   **If you do not receive the email we recommend that you contact the customer service department by email, live chat, or phone asap. **
   
   You must have all account information to cancel.
   
    

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
   
    

9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Moxie Colo on behalf of the account holder a handling fee will be incurred.
   
    

10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Moxie Colo will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Moxie Colo on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    
     

11. Support Boundaries: Moxie Colo, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Moxie Colo provides support related to your server or virtual site physical functioning. Moxie Colo does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Moxie Colo does not provide technical support for YOUR customers. If you can email, we encourage you to email support@moxiecolo.com for assistance. As well you can contact us via http://support.moxiecolo.com or by  calling tech support.
    
     

12. SPAM and Unsolicited Commercial Email (UCE): Moxie Colo takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Moxie Colo may not use or permit others to use our network to transact in UCE. Customers of Moxie Colo may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
    
     

    1. Violation of Moxie Colo SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Moxie Colo will initiate an immediate investigation (within 48 hours of notification). During the investigation, Moxie Colo may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Moxie Colo may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Moxie Colo reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Moxie Colo will notify law enforcement officials if the violation is believed to be a criminal offense.
       
        

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Moxie Colo personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
       
        

    3. As our Customers are ultimately responsible for the actions of their clients over the Moxie Colo network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
     

13. Network
    
     

    1. IP Address Ownership: If Moxie Colo assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Moxie Colo, and Customer shall have no right to use that Internet Protocol address except as permitted by Moxie Colo in its sole discretion in connection with the Services, during the term of this Agreement. Moxie Colo shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Moxie Colo, and Moxie Colo reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
       
        

    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Moxie Colo will monitor Customer's bandwidth and disk usage. Moxie Colo shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Moxie Colo sole and absolute discretion. If Moxie Colo takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Moxie Colo may, at its sole discretion, collect a deposit, in an amount determined by Moxie Colo, against customer's credit card on file with Moxie Colo.
       
        

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Moxie Colo Network. Violations of system or network security may result in civil or criminal liability. Moxie Colo will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       
        

       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
          
           

       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
          
           

       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
          
           

       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
          
           

       5. Taking any action in order to obtain services to which such User is not entitled.

    
     

14. Notification of Violation:
    
     

    1. Moxie Colo is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
       
        

    2. First violation: Any User, which Moxie Colo determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Moxie Colo discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
       
        

    3. Second Violation: Users that Moxie Colo determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
       
        

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

    
     

15. Suspension of Service or Cancellation: Moxie Colo reserves the right to suspend network access to any customer if in the judgment of the Moxie Colo network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Moxie Colo chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    
     

16. Moxie Colo reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Moxie Colo must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your 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.
    
     

17. Indemnification: Moxie Colo wishes to emphasize that in agreeing to the Moxie Colo Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Moxie Colo for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Moxie Colo or the bringing of any claim against Moxie Colo by any third-party. This means that if Moxie Colo is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Moxie Colo, plus all costs and attorney's fees.
    
     

18. Miscellaneous Provisions: 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.
    
     

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
       
        

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
       
        

    3. Moxie Colo takes no responsibility for any material input by others and not posted to the Moxie Colo Network by Moxie Colo. Moxie Colo is not responsible for the content of any other websites linked to the Moxie Colo Network; links are provided as Internet navigation tools only. Moxie Colo disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
       
        

    4. Moxie Colo is not responsible for any damages your business may suffer. Moxie Colo does not make implied or written warranties for any of our services. Moxie Colo 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 Moxie Colo.
       
        

    5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
       
        

19. Responsibility for Content: You, as Moxie Colo customer, are solely responsible for the content stored on and served by your Moxie Colo server.
    
     

20. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
    
    Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
    
    Moxie Colo may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Moxie Colo has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Moxie Colo and not by the Third Party Vendor. Neither Moxie Colo nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Moxie Colo or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Moxie Colo nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Moxie Colo with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
    
     

21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
    
     

22. Moxie Colo has created this privacy statement in order to demonstrate our commitment to privacy for our users..

    This privacy policy governs the manner in which Moxie Colo (Moxie Colo) uses, maintains and discloses information collected from its customers and users of its Website.

    Privacy

    Moxie Colo is committed to developing long lasting relationships based on trust. In furtherance of this goal, Moxie Colo will do everything in its power to ensure that your right to privacy is maintained and protected. This Website is not directed at children under 13 years of age.

    Information We Collect

    Moxie Colo may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.

    The information we collect is personal information that identifies you personally, such as: Your name
    E-mail address
    Postal address
    Telephone and fax numbers
    URL
    Credit card information
    Other billing information

    Moxie Colo may also collects information about how users access the Website using a tracking ID unique to each user through the use of cookies.

    What are Cookies?

    A cookie is a piece of data stored on the user's computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by Moxie Colo to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing. Persistent cookies may be used by Moxie Colo to store whether, for example, you want your password remembered or not, and other information. Cookies used on the Moxie Colo Website do not contain personally identifiable information.

    Log Files

    Like most standard Websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

    How we use this information

    Moxie Colo may use the personally identifiable information collected by Moxie Colo to contact customers regarding products and services offered by Moxie Colo and, to the extent the User has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information for research purposes regarding the effectiveness of our Website services, marketing, advertising and sales efforts. Moxie Colo will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.

    Disclosure of Information

    Moxie Colo may also disclose aggregate, anonymous, data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed and personally identifiable data will be kept strictly confidential. In case Moxie Colo is sold, the information collected from users may be transferred to the new owners.

    Moxie Colo may from time to time engage third parties, including its own subsidiaries and affiliated companies, to preserve, analyze or otherwise store or manipulate data received by Moxie Colo from its customers. In all such cases, such third party service providers will be required to treat all such data with the same degree of care as Moxie Colo and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy.

    Service Announcements

    On rare occasions it is necessary to send out a strictly service related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

    Legal Disclaimer

    Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on Moxie Colo .

    The Moxie Colo Website contains links to other sites. Please be aware that Moxie Colo is not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every Web site that collects personally identifiable information. The Moxie Colo Privacy Policy as described herein applies solely to information collected by Moxie Colo .

    Maintenance of Information

    The information provided to Moxie Colo is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by Moxie Colo . Moxie Colo employs industry standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to Moxie Colo.

    Your Responsibility

    You are responsible for the security of your Customer ID and passwords. Make sure you keep it in a safe place and do not share it with others.
    Always remember to log out after your session ends, to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet café, but even when using your private computer in your home.

    Questions

    Any questions concerning this Privacy Policy may be directed by e-mail to security@moxiecolo.com