Cosmick Technologies primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, Cosmick Technologies agrees to deliver the agreed upon services, as declared in the “New Account” form, to our customers at the time of purchase, subject to the following Terms of Service.

In addition, the use of Cosmick Technologies service's) by a subscriber constitutes an unconditional acceptance of and agreement to Cosmick Technologies TOS. Cosmick Technologies reserves the right to change or modify the TOS at any time without notice.

30-Day Money Back Guarantee
Cosmick Technologies proudly offers its subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase Cosmick Technologies services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage costs. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with Cosmick Technologies services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Cosmick Technologies “Contact Us” form located at this URL: http://www.cosmicktechnolgies.com/contactus.htm

If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Cosmick Technologies could improve service.

Cosmick Technologies guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Cosmick Technologies has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Cosmick Technologies data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Cosmick Technologies cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via http://www.cosmicktechnolgies.com/contactus.htm form.
If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

Subscribers of Cosmick Technologies are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

Cosmick Technologies offers disk space and other resources, such as email or FTP accounts, or a great amount of each one of these resources with certain plans. The intention of Cosmick Technologies is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. 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 sole discretion of Cosmick Technologies. If a "Fair-Use" breach occurs, Cosmick Technologies may have to remove files from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Cosmick Technologies may have to take.

Cosmick Technologies takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Cosmick Technologies may not use, or permit others to use, our network to partake in UCE distribution. Customers of Cosmick Technologies may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Cosmick Technologies will initiate an immediate investigation. During the investigation, Cosmick Technologies may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Cosmick Technologies may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Early Termination Fee of $100.00 will be in affect at that point. Further, Cosmick Technologies reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cosmick Technologies will notify law enforcement officials if the violation is believed to be a criminal offense.

Payment
 

Establishment of this service is dependent upon receipt of payment of stated charges by Cosmick Technologies. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

Failure to Pay
 

Cosmick Technologies may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

Account Cancellation
 

A subscriber may cancel his account at any time. A $100.00 early termination fee will be applied.  If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Cosmick Technologies could improve service. The cancellation will take effect immediately and the subscriber’s account will remain in state of holding of one month’s time. Subscriber can request there information if account is cancelled and one time access via ftp is granted for subscriber to gain all information.

 Subscriber Acknowledgement
 

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Cosmick Technologies and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Cosmick Technologies shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Cosmick Technologies. Subscriber further acknowledges that the Cosmick Technologies 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 Cosmick Technologies be liable for any special or consequential damages, loss or injury.

Change of Name servers
 

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of name servers of a domain from other DNS servers to Cosmick Technologies DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain name servers can not be changed at all. Due to the unpredictable nature of the name server change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, name server change of domain names is done by Cosmick Technologies on behalf of the account holder. In such cases, a successful change of name servers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

Support Boundaries
Cosmick Technologies provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Cosmick Technologies provides support related to your service plan’s features’ physical functioning. Cosmick Technologies does not provide technical support for the subscriber’s customers.

Network

IP ADDRESS

If Cosmick Technologies assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Cosmick Technologies and the subscriber shall have no right to use that IP address except as permitted by Cosmick Technologies. Cosmick Technologies shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Cosmick Technologies. Cosmick Technologies reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Cosmick Technologies will monitor subscriber’s bandwidth and disk usage. Cosmick Technologies shall have the right to take corrective action if subscriber’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 Cosmick Technologies sole and absolute discretion, at any time deemed necessary by Cosmick Technologies. If Cosmick Technologies takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by Cosmick Technologies automated notification system.

System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Cosmick Technologies network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Cosmick Technologies will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into a server or account,   which such subscriber 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 subscriber, 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 subscriber is not entitled.

Notification of Violation
 

Cosmick Technologies is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Cosmick Technologies will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

NOTE: Cosmick Technologies reserves 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 the subscriber. Cosmick Technologies will contact the subscriber as soon as it is feasible.

Suspension of Service or Cancellation
 

Cosmick Technologies reserves the right to suspend network access to any subscriber if in the judgment of Cosmick Technologies, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Cosmick Technologies deems necessary.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

Miscellaneous Provisions
 

Subscriber must provide Cosmick Technologies real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

Disclosure to Law Enforcement
 

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Cosmick Technologies may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

Indemnification
 

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

Severability
 

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Applicable Law

This TOS is subject to the governing laws of the State of Pennsylvania.