Table of Contents
Privacy Policy ................................................................................................................................................ 9
What this Privacy Policy covers............................................................................................................. 9
What information we collect ................................................................................................................ 9
How we collect information .................................................................................................................. 9
How we use your information ............................................................................................................ 10
Our legal basis for processing your information ................................................................................. 11
Where we store your information ...................................................................................................... 12
How we protect your information ...................................................................................................... 12
How we retain your information ........................................................................................................ 12
How we transfer your information ..................................................................................................... 13
How to change your information ........................................................................................................ 13
How we use cookies ............................................................................................................................ 13
Information collected by our customers ............................................................................................ 14
Links to Third-Party Sites..................................................................................................................... 14
Social Sign-in ....................................................................................................................................... 14
Future changes to our Privacy Policy .................................................................................................. 15
How to contact us ............................................................................................................................... 15
CCPA Statement .......................................................................................................................................... 16
Nevada Opt-Out Disclosure ........................................................................................................................ 19
"GDPR" General Data Protection Regulation .............................................................................................. 20
Cookies Policy ............................................................................................................................................. 22
Who we are ......................................................................................................................................... 22
Our website ......................................................................................................................................... 22
Cookies ................................................................................................................................................ 22
Types of Cookies ................................................................................................................................. 22
Consent to use cookies and changing settings ................................................................................... 23
Third party access to the cookies ........................................................................................................ 23
How to turn off all cookies and consequences of doing so ................................................................ 23
How to contact us ............................................................................................................................... 23
Changes to this policy ......................................................................................................................... 24
Civil Subpoena Policy .................................................................................................................................. 25
Universal Terms of Use ............................................................................................................................... 26
1. Acceptance of Terms ...................................................................................................................... 26
2. Use of the Site .................................................................................................................................... 26
Site Pricing .............................................................................................................................................. 27
Site Images.............................................................................................................................................. 27
3. Your Account, Password and Security ............................................................................................... 27
4. Notice .................................................................................................................................................. 27
5. Third Party Information and Links to Other Websites ...................................................................... 28
6. Intellectual Property .......................................................................................................................... 28
7. Terms Applicable to Digital Content .................................................................................................. 28
8. Notice Specific to Documents Available on this Site ........................................................................ 29
9. Materials Provided by You ................................................................................................................. 29
10. Purchases of Products and/or Services; Transfer of Title ............................................................... 29
11. Fees and Payments ........................................................................................................................... 29
13. Term and Termination ..................................................................................................................... 31
14. No-risk guarantee ............................................................................................................................. 31
15. Disclaimer of Warranties ................................................................................................................. 32
16. Limitation of Liability ....................................................................................................................... 32
17. Indemnification ................................................................................................................................ 33
18. Jurisdiction and Governing Law ....................................................................................................... 33
19. General, Contact Information .......................................................................................................... 33
Acceptable Use Policy ................................................................................................................................. 34
General Rules of Conduct. ...................................................................................................................... 34
Violations. ............................................................................................................................................... 34
HOSTING SERVICES ACCEPTABLE USE POLICY (AUP) .............................................................................. 35
Email .................................................................................................................................................... 37
System and Network Security ............................................................................................................. 37
Violations ............................................................................................................................................ 38
Copyright Infringement Policy (DMCA) ....................................................................................................... 39
Web Design Terms of Use ........................................................................................................................... 41
Shared Hosting Terms of Use ...................................................................................................................... 44
Purpose, Acceptance of Terms ........................................................................................................... 44
2. Bandwidth and Space Usage ........................................................................................................... 44
3. Account Sharing .............................................................................................................................. 45
4. Excluded Services ............................................................................................................................ 45
5. Online Subscription ......................................................................................................................... 45
6. Quality of Services ........................................................................................................................... 45
7. Service and Fees and Additional Charges ....................................................................................... 45
8. Domain Name Registration and Fees .............................................................................................. 46
9. Automatic Account Upgrade ........................................................................................................... 46
10. Termination of Services ................................................................................................................ 46
11. Lawful Use of Internet................................................................................................................... 46
12. Security and Integrity of Information ........................................................................................... 46
13. ColoCrossing can be contacted, as follows: .................................................................................. 46
Email Marketing Terms of Use .................................................................................................................... 47
1. Our Obligations. .............................................................................................................................. 47
2. Your Obligations. ............................................................................................................................. 47
3. Termination ..................................................................................................................................... 47
4. Warranty ............................................................................................................................................. 47
Mobile Web Services Terms of Use ............................................................................................................ 48
1. License Grant................................................................................................................................... 48
2. License Restrictions ......................................................................................................................... 48
3. Third-Party Transactions ................................................................................................................. 48
4. Warranty Disclaimer ....................................................................................................................... 48
5. Term and Termination .................................................................................................................... 49
6. Unlimited Acceptable Use Policy .................................................................................................... 49
Domain Name Renewal & Redemption Policy ............................................................................................ 51
Purpose, Acceptance of Terms. .......................................................................................................... 51
2. Auto-Renewal Policy. ...................................................................................................................... 51
3. Expired Domains Deletion Policy. ................................................................................................... 51
4. Pending Delete Status. .................................................................................................................... 52
Domain Name Service Agreement .............................................................................................................. 53
The Service .......................................................................................................................................... 53
The Fee ................................................................................................................................................ 53
Charge-Backs ....................................................................................................................................... 54
Term .................................................................................................................................................... 54
Revocation .......................................................................................................................................... 54
Renewals, Redemptions, Transfers ..................................................................................................... 54
Registry Operator Role and Indemnification ...................................................................................... 55
Notices ................................................................................................................................................ 56
Customer Support and Escalations ..................................................................................................... 56
Domain Disputes ................................................................................................................................. 56
Transfer Disputes ................................................................................................................................ 56
WhoIs Verification ............................................................................................................................... 57
Indemnification ................................................................................................................................... 57
Limitation of Liability........................................................................................................................... 57
Miscellaneous ..................................................................................................................................... 57
Definitions ........................................................................................................................................... 58
Uniform Domain Name Dispute Resolution Policy (UDRP) ........................................................................ 60
WHOIS Privacy Service Terms of Use .......................................................................................................... 65
1. Purpose, Acceptance of Terms ....................................................................................................... 65
2. Display of Public Information; WhoIs Registry ................................................................................ 65
3. Domain Name Ownership ............................................................................................................... 65
4. Your Contact Information ............................................................................................................... 65
5. Use of the Service ........................................................................................................................... 65
6. Service Fees ..................................................................................................................................... 65
7. Right to Disable or Suspend Privacy Service ................................................................................... 66
8. Abuse/Infringement Point of Contact ............................................................................................. 66
9. Our Contact Information ................................................................................................................. 66
Reviews Promoter ....................................................................................................................................... 67
1. Acceptance of Terms. ...................................................................................................................... 67
2. Reviews Promoter services ............................................................................................................. 68
3. Customer conduct on the Reviews Promoter service..................................................................... 70
4. Site Pricing ....................................................................................................................................... 70
5. Notice .............................................................................................................................................. 70
6. Intellectual Property ....................................................................................................................... 71
7. Terms Applicable to Digital Content ............................................................................................... 71
8. Notice Specific to Documents Available on this Site ...................................................................... 71
9. Materials Provided by You .............................................................................................................. 71
10. Order Cancellation Terms and Conditions: ................................................................................... 72
11. Fees and Payments ....................................................................................................................... 72
12. Term and Termination .................................................................................................................. 73
13. Sales are Final ................................................................................................................................ 74
14. Disclaimer of Warranties .............................................................................................................. 74
15. Limitation of Liability ..................................................................................................................... 74
16. Indemnification ............................................................................................................................. 75
17. Jurisdiction and Governing Law .................................................................................................... 75
18. General, Contact Information ....................................................................................................... 75
Search Engine Optimization & Marketing ................................................................................................... 77
1. Our Obligations. .............................................................................................................................. 77
2. Your Obligations. ............................................................................................................................. 77
3. Your Account Limitations and Monitoring. ..................................................................................... 77
4. Termination ..................................................................................................................................... 77
5. Warranty ......................................................................................................................................... 78
LocalSync Pro .............................................................................................................................................. 79
Custom Logo Design .................................................................................................................................... 80
1. Acceptance of Terms ....................................................................................................................... 80
2. Your Obligations. ............................................................................................................................. 80
3. Your Obligations. ............................................................................................................................. 81
4. Your Account, Password and Security. ........................................................................................... 82
5. Fees and Payments ......................................................................................................................... 82
6. Intellectual Property. ...................................................................................................................... 83
7. Termination ..................................................................................................................................... 83
8. Warranty ......................................................................................................................................... 84
Fax to Email ................................................................................................................................................. 85
1. Purpose, Acceptance of Terms. ...................................................................................................... 85
2. Description of the Fax-to-Email Services and Terms of Use. .......................................................... 85
3. Our Privacy Policy. ........................................................................................................................... 85
4. End-User Responsibilities. ............................................................................................................... 86
5. Unsolicited Fax Advertisement/Spam Drop-Box Policy. ................................................................. 86
6. Termination. .................................................................................................................................... 87
7. End-User Representations. ............................................................................................................. 87
8. Modifications to End-User Agreement. .......................................................................................... 87
9. Modifications to the Services. ......................................................................................................... 88
10. Member Account, PIN, and Security. ............................................................................................ 88
11. Disclaimer of Warranties and Limitation of Liability. .................................................................... 88
12. Charges. ......................................................................................................................................... 89
13. Payment. ....................................................................................................................................... 90
14. Ownership. .................................................................................................................................... 90
15. Indemnification. ............................................................................................................................ 91
16. Fax-to-Email Services are NOT for Resale. .................................................................................... 91
17. Miscellaneous. .................................................................................................................................. 91
17. Our contact information: .................................................................................................................. 91
Online Storage & Backup ............................................................................................................................ 93
1. Purpose, Acceptance of Terms ....................................................................................................... 93
2. Grant of License/Restrictions .......................................................................................................... 93
3. Your Content ................................................................................................................................... 93
4. Termination ..................................................................................................................................... 93
5. Lawful Use of Internet ..................................................................................................................... 94
6. Security and Integrity of Information ............................................................................................. 94
7. ColoCrossing can be contacted, as follows: .................................................................................... 94
DATA PROCESSING ADDENDUM (CUSTOMERS) ......................................................................................... 95
1. Definitions ............................................................................................................................................... 95
2. Data Processing ....................................................................................................................................... 96
2.1 Scope and Roles ................................................................................................................................ 96
2.2 Details of Data Processing ................................................................................................................. 96
3. Confidentiality of Customer Data ........................................................................................................... 97
4. Security ................................................................................................................................................... 97
5. Data Subject Rights ................................................................................................................................. 98
6. Sub-processing ........................................................................................................................................ 98
6.1 Authorized Sub-processors ............................................................................................................... 98
6.2 Sub-processor Obligations ................................................................................................................ 98
6.3 New Sub-processors.......................................................................................................................... 99
7. Security Breach Notification ................................................................................................................... 99
7.1 Security Incident ............................................................................................................................... 99
7.2 HostPapa Assistance ......................................................................................................................... 99
7.3 Failed Security Incidents ................................................................................................................... 99
7.4 Communication ............................................................................................................................... 100
8. Customer Rights .................................................................................................................................... 100
8.1 Independent Determination ........................................................................................................... 100
8.2 Customer Audit Rights .................................................................................................................... 100
9. Transfers of Personal Data .................................................................................................................... 101
9.1 Canada-Based Processing ............................................................................................................... 101
9.2 Application of Standard Contractual Clauses.................................................................................. 101
10. Termination of the Addendum ........................................................................................................... 101
11. Return or Deletion of Customer Data ................................................................................................. 101
12. Limitations of Liability ......................................................................................................................... 101
13. Entire Terms of Service; Conflict ......................................................................................................... 102
Annex 1 - Details of the Processing ........................................................................................................... 102
Annex 2 - Security Standards .................................................................................................................... 103
I. Technical and Organizational Measures ........................................................................................... 103
II. Data Privacy Program ....................................................................................................................... 103
1. Confidentiality. .............................................................................................................................. 103
2. Integrity ......................................................................................................................................... 103
3. Availability ..................................................................................................................................... 104
4. Data Processing Instructions ......................................................................................................... 104
Annex 3 - Standard Contractual Clauses (Processors) .............................................................................. 105
Clause 1 - Definitions ............................................................................................................................ 105
Clause 2 - Details of the transfer........................................................................................................... 106
Clause 3 - Third-party beneficiary clause .............................................................................................. 106
Clause 4 - Obligations of the data exporter .......................................................................................... 107
Clause 5 - Obligations of the data importer .......................................................................................... 108
Clause 6 - Mediation and jurisdiction ................................................................................................... 110
Clause 7 - Cooperation with supervisory authorities............................................................................ 110
Clause 8 - Governing Law ...................................................................................................................... 110
Clause 9 - Variation of the contract ...................................................................................................... 111
Clause 10 - Sub-processing ................................................................................................................... 111
Clause 11 - Obligation after the termination of personal data processing services ............................. 111
Privacy Policy
LAST UPDATED: April 26, 2020
ColoCrossing prides itself on protecting your privacy and supporting a safe online experience. This
Privacy Policy outlines the information we collect and how we use it. ColoCrossing is governed by the
Personal Information Protection and Electronic Documents Act, the EU General Data Protection
Regulation (GDPR), and any other relevant data protection regulations that may apply in the regions we
operate in. By using the ColoCrossing website, you consent to the data practices described in this Privacy
Policy.
What this Privacy Policy covers
This policy covers the information ColoCrossing collects and how we use it. It also outlines the
steps ColoCrossing takes to protect that information, how to contact us, and how we comply
with relevant data protection regulations such as the GDPR.
Under the GDPR, ColoCrossing is a data controller for the information we collect from you. In
certain cases, we are also a data processor for data collected by our clients; for more
information on client-collected data, please see “Information collected by our customers”
below.
What information we collect
We collect information from you in order to deliver services that you purchase and to monitor
and improve the customer experience on our website. The data collected may include your
name, email address, postal address, telephone number(s), billing information such as credit
card numbers, and answers to security questions that help us to verify your identity and secure
your account. It may also include marketing preferences, survey and contest responses, and
information you provide through online chats, telephone calls, and support tickets with us.
ColoCrossing services are intended for business use, and ColoCrossing does not knowingly
market to or collect personal information from people under the age of 18.
ColoCrossing services are intended for business use, and ColoCrossing does not knowingly
market to or collect personal information from people under the age of 18.
How we collect information
ColoCrossing collects personally identifiable information in a variety of ways, including but not
limited to: online order forms, online chats, telephone calls, market research surveys, and
customer support tickets.
Certain information about your computer hardware and software may also be automatically
collected through tools such as Google Analytics. This information can include your IP address,
browser type, domain names, access times, and referring website addresses.
ColoCrossing may also collect information from third parties as required in order to provide you
with products and services.
Please keep in mind that if you directly disclose personally identifiable information or
personally sensitive data through ColoCrossing’s blog or social media pages, this information
may be collected and used by others.
How we use your information
Provision of Services
ColoCrossing collects and uses your personal information to operate the ColoCrossing website,
to deliver the services you have requested, and to inform you of other products or services
available from ColoCrossing and its affiliates. This includes sharing your information with
trusted third parties, as explained below. We DO NOT sell any of your personal information.
If you elect use a service that provides you the ability to import your personal contacts or
related information (i.e. OnePlan Connect), ColoCrossing will not use this information for
commercial purposes except to provide that service.
Third-Party Services
ColoCrossing offers certain products and services in conjunction with or through trusted
partners, sponsors, and affiliates (“Third-Party Services”). These services may be available for
an additional fee, or they may be included for free or as a portion of a larger bundle of services.
In order to properly set up these services (and, where needed, integrate them with any services
you may have), we may need to share certain information you have provided to us with these
Third-Party Services. For payments or other monetary transactions, ColoCrossing must share
your personal information (specifically your billing information) with our payment processor. In
all cases, we share only information that is required to set up and operate these services. Third-
Parties are not permitted to use, keep, or share your data except for the specific services they
have been contracted to provide.
Business Continuity
Should ColoCrossing become part of a merger, acquisition, corporate reorganization, or any
other change of control, your personal information will be included in ColoCrossing’s sale of
business assets. This means that it could be shared with ColoCrossing’s new owners, or with a
new business that ColoCrossing acquires. If this happens, ColoCrossing will make reasonable
efforts to notify you and inform you of any choices you may have about the information you
shared with us.
Web Analytics
ColoCrossing keeps track of the websites and pages our customers visit within ColoCrossing in
order to determine which ColoCrossing services are the most popular. This data is used to
deliver customized content and advertising within ColoCrossing to customers whose behaviour
indicates they are interested in a particular subject area. Data may also be used to determine
the effectiveness of promotional campaigns and advertising.
Communications
ColoCrossing may contact you regarding services you have purchased from us to deliver
information, updates, notices of functionality changes, upcoming payments, and planned
service maintenance.
We may also contact you with newsletters, announcements, and special offers we think you
may find valuable. You can withdraw your consent to receive these communications at any
time.
ColoCrossing may display targeted advertising to you. For more information, please see “How
we use cookies” below.
Legal Disclosure
ColoCrossing, its affiliates, trusted partners, and sponsors may be required to disclose or
process any personal information we collect in order comply with legal, regulatory, and law-
enforcement requests (like court orders or for taxes), especially to protect ColoCrossing, our
customers, or the public.
Domain Registration
In order to register domain names, personal information collected during your purchase must
be provided to the registrar responsible for processing your request, as per the registrar’s rules
and the rules set out by the Internet Corporation for Assigned Names and Numbers (ICANN)
and/or the relevant domain name registry.
This information goes into a searchable database (WHOIS). Access to WHOIS information may
be limited but you can help protect yourself by opting out of displaying your personal
information through the purchase of a Domain Privacy service (some domains are not eligible
for this service).
Our legal basis for processing your information
Contract: Your personal information is necessary for providing the services you requested. This
includes payment and setting up the services, and also the assistance and support we provide
to make sure your services are working properly.
Consent: From time to time ColoCrossing may send you announcements and special offers. You
can withdraw your consent for these communications at any time by clicking the unsubscribe
link on any email you no longer wish to receive, or by contacting our Data Protection Officer by
emailing us at support@colocrossing.com.
Legal Obligation: ColoCrossing may be required to process any personal information we collect
in order comply with legal, regulatory, and law-enforcement requests.
Where we store your information
The data we collect is stored primarily in Canada and is regulated by the Personal Information
Protection and Electronic Documents Act (PIPEDA). Canada has been recognized by the EU as
providing adequate data protection (as per article 45 of Regulation (EU) 2016/679), which
allows personal information of EU residents to be freely transferred to Canada.
As ColoCrossing works with a number of US-based partners, we also transfer (in accordance
with Article 45 of the GDPR) personal information to companies that have certified their
compliance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks.
How we protect your information
ColoCrossing secures the information we collect on servers in a controlled, secure environment.
We maintain safeguards to protect against unauthorized access, use, modification, and
disclosure of this data.
Where possible, ColoCrossing uses industry-standard SSL encryption when communicating your
data. ColoCrossing also ensures that all customer websites have free access to SSL certificates
from“Let’s Encrypt.”
However, no data transmission over the Internet or wireless network can be guaranteed 100%
secure. While we strive to protect your personal information, there are security and privacy
limitations of the Internet which are beyond our control. Information and data may be viewed
or tampered with in transit by a third party, despite best efforts.
How we retain your information
ColoCrossing will retain your personal information for as long as your ColoCrossing services are
active. Once your last service has been cancelled, ColoCrossing will:
● Retain certain information stored directly on the hosting server for 40 days. Data stored
by third-party services may be retained for shorter or longer periods depending on the
service; please contact us for details on specific services.
● Retain certain information stored in other systems for up to 7 years for potential
auditing purposes and to enable us to maintain accurate business, tax, and financial
records.
ColoCrossing may retain personal information longer in order to comply with specific legal
requests or obligations. When personal information is no longer required, we will ensure it is
deleted.
How we transfer your information
If you visit ColoCrossing or its websites from a country other than the country in which our
servers are located, your communications with ColoCrossing may result in the transfer of
information across international borders. This may also happen if you telephone us or start an
online chat. In all cases, your information will be handled under the terms of this Privacy Policy.
How to change your information
You may request access to review, update, and correct any inaccuracies in your personal
information by contacting our Data Protection Officer by emailing us at
support@colocrossing.com. We may ask you to provide personal information in the form of
answers to security questions in order to verify your request.
You can also access and update much of your personal information through the ColoCrossing
Dashboard in the My Profile section. Please ensure you always keep your contact and billing
information current with us.
You also have the right to request that we delete your personal data. We will honor the request
to the extent possible under our legal and contractual obligations. Please keep in mind that
deleting your data may stop your ColoCrossing services from working properly or at all.
How we use cookies
ColoCrossing uses “cookies” to help personalize your online experience. A cookie is a text file
that is placed on your hard disk by a web page server. Cookies cannot be used to run programs
or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read
by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time.
The purpose of a cookie is to tell the web server that you have returned to a specific page. For
example, if you personalize ColoCrossing pages, or register with a ColoCrossing site or service, a
cookie helps ColoCrossing recall your specific information on subsequent visits. This simplifies
the process of recording your personal information, such as billing addresses, shipping
addresses, and so on. When you return to the same ColoCrossing website, the information you
previously provided can be retrieved, so you can easily use the ColoCrossing features that you
customized.
Some cookies are necessary for ColoCrossing sites to work properly, such as the cookies which
indicate you’ve successfully logged into your account. Some cookies, like the ones used by
Google Analytics, help us see how visitors use our sites. Others are used to customize your
advertising experience. If you visit a ColoCrossing website with a browser that has cookies
enabled, you are letting us know that you agree to us using cookies with your browser.
You can modify your browser settings to delete or block cookies. You will need to see the
“Help” section of your browser for instructions on how to do this. You could also install plugins
that block or manage cookies. If you do decide to limit your browser’s ability to use cookies,
please remember that ColoCrossing sites may not function properly.
Information collected by our customers
ColoCrossing customers may collect data from people who visit their sites, regardless of
whether a purchase is made. ColoCrossing customers are responsible for ensuring they are
complying with all legal and privacy regulations, including but not limited to the European
GDPR.
ColoCrossing does not have a direct relationship with our customers’ visitors or users.
If you would like to make any requests regarding personal information that has been collected
by a ColoCrossing customer, please contact them directly. This applies to any kind of request,
whether to access, correct, amend, or delete information. If the customer asks ColoCrossing to
remove any personal information we will respond within thirty (30) days.
Links to Third-Party Sites
You may be able to access other websites that have links on ColoCrossing websites, where you
can purchase products and services or register to receive materials or new product updates. In
many of these cases, you will be asked to provide personal information such as your name,
email address, or other contact information, or credit/billing information. If you complete an
order or provide personal information to a website or service that is not provided by
ColoCrossing, ColoCrossing has no control over the third party’s use of any personal
information. ColoCrossing therefore has no responsibility or liability for the manner in which
the organizations that operate such linked websites may collect, use, disclose, secure, or
otherwise deal with your personal information. ColoCrossing provides these links to other
websites as a convenience to you. Please exercise care when visiting linked websites, which will
have separate and independent privacy policies.
Social Sign-in
We provide you with the ability to log in to your account using social media services such as
Facebook, Google+, or Twitter. If you choose to use this feature, the service you select will
prompt you for your consent to share some personal information. We will store that
information in order to give you access to your account.
If you no longer want to use social sign-in, you can disable it in the My Profile section of the
ColoCrossing Dashboard.
Future changes to our Privacy Policy
ColoCrossing reserves the right to modify this Privacy Policy at any time. Please check back
regularly to make sure you are aware of any changes and to stay informed of how we are
protecting your information.
How to contact us
We welcome your comments regarding this Privacy Policy. If you believe we have not adhered
to this Privacy Policy or you require any changes or access to your personal information, please
contact our Data Protection Officer by emailing us at support@colocrossing.com.
Alternatively, you can contact us in writing at:
ColoCrossing
5063 North Service Road
Suite 102
Burlington, Ontario
L7L 5H6
We will use commercially reasonable efforts to promptly determine and remedy the problem.
CCPA Statement
ColoCrossing is a trusted custodian of sensitive data. We respect your privacy and are committed to
protecting it.
The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. This landmark privacy
law provides individuals residing in California (“consumers”) certain additional rights over their personal
information that businesses collect.
ColoCrossing meets its compliance requirements under the CCPA. The Privacy Compliance team at
ColoCrossing is responsible for CCPA compliance initiatives across the enterprise and collaborates with
stakeholders across ColoCrossing in order to maintain and advance CCPA compliance.
Your California Rights
If you are a California resident, you have certain rights related to your California Personal Information.
[You may exercise these rights free of charge except as otherwise permitted under applicable law.]
• Section 100 Rights. You have the right to request that we disclose to you the specific species of
personal information we have collected.
• Section 105 Rights. You have the right to request that we delete California Personal Information
about you which we have collected from you.
• Section 110 Rights. You may request that we disclose to you:
o the categories of California Personal Information we have collected about you;
o the categories of sources from which the California Personal Information is collected;
o our business or commercial purpose for collecting or selling California Personal
Information;
o the categories of third parties with whom we share California Personal Information; and
o the specific pieces of information we have collected about you.
• Section 115 Rights. To the extent that we sell your California Personal Information within the
meaning of the California Consumer Privacy Act or disclose such information for a business
purpose, you may request that we disclose to you:
o the categories of California Personal Information that we have collected about you;
o the categories of California Personal Information about you that we have sold within the
meaning of the California Consumer Privacy Act and the categories of third parties to
whom the California Personal Information was sold, by category or categories of
personal information for each third party to whom the California personal information
was sold; and
o the categories of California Personal Information about you that we disclosed for a
business purpose.
• Right to Opt Out. In addition, we may sell your information within the meaning of the California
Consumer Privacy Act. You have the right to opt out of such sales here.
You may request to exercise these rights by:
• Emailing us at support@colocrossing.com
• Calling us toll-free at 1-800-518-9716
[As required or permitted under applicable law, please note that we may take steps to verify your
identity before granting you access to information or acting on your request to exercise your rights. We
may limit our response to your exercise of the above rights as permitted under applicable law.] Subject
to applicable law, we may not discriminate against you because of your exercise of any of the above
rights, or any other rights under the California Consumer Privacy Act, including by:
• Denying you goods or services;
• Charging different prices or rates for goods or services, including through the use of discounts or
other benefits or imposing penalties;
• Providing you a different level or quality of goods or services; or
• Suggesting that you will receive a different price or rate for goods or services or a different level
or quality of goods or services.
If you are a California resident, the following provisions apply to our processing of information that
identifies, relates to, describes, is capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular consumer or household [subject to the California Consumer
Privacy Act] (“California Personal Information”). For such residents, the provisions of this California
Addendum prevail over any conflicting provisions of the Privacy Notice.
ColoCrossing has collected the following categories of California Personal Information within the last 12
months:
A. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier,
Internet Protocol address, email address, account name, social security number, driver’s license
number, passport number, or other similar identifiers.
B. Personal information described in subdivision (e) of Section 1798.80 (California Customer Records
statute). This means any information that identifies, relates to, describes, or is capable of being
associated with, a particular individual, including, but not limited to, his or her name, signature,
social security number, physical characteristics or description, address, telephone number, passport
number, driver’s license or state identification card number, insurance policy number, education,
employment, employment history, bank account number, credit card number, debit card number,
or any other financial information, medical information, or health insurance information.
C. Characteristics of protected classifications under California or federal law.
D. Commercial information, including records of personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
F. Internet or other electronic network activity information, including, but not limited to, browsing
history, search history, and information regarding a consumer’s interaction with an Internet Web
site, application, or advertisement.
G. Geolocation data.
H. Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
J. Education information, defined as information that is not publicly available personally identifiable
information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34
C.F.R. Part 99).
K. Inferences drawn from any of the information identified in this subdivision to create a profile about
a consumer reflecting the consumer’s preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Within the last 12 months, within the meaning of the California Consumer Privacy Act, we have sold
California Personal Information identified in the above categories A-K.
Within the last 12 months, we have disclosed California Personal Information identified in the above
categories A-K for our business purposes. To learn more about the categories of third parties with whom
we share such information, please see Our Privacy Policy.
We obtain California Personal Information from a variety of sources. [These sources include: yourself,
with respect to both online and offline interactions you may have with us or our service providers; other
entities with whom you transact; others with whom you maintain relationships who may deal with us on
your behalf; the devices you use to access our websites, mobile applications, and online services; credit
bureaus; identify verification and fraud prevention services; marketing and analytics providers; public
databases; social media platforms; and others consistent with this Privacy Notice.] Please see
Our Privacy Policy..
We use the California Personal Information we collect for the business purposes disclosed within this
Privacy Notice. Please see Our Privacy Policy. Please note that the business purposes for which we may
use your information include:
• Audits and reporting relating to particular transactions and interactions, including online
interactions, you may have with us or others on our behalf;
• Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or
illegal activity, and prosecuting the same;
• Debugging to identify and repair errors in our systems;
• Short-term, transient use including contextual customization of ads;
• Providing services on our behalf or on behalf of another, including maintaining or servicing
accounts, providing customer service, fulfilling transactions, verifying identity information,
processing payments, and other services;
• Conducting internal research to develop and demonstrate technology; and
• Conducting activity to verify, enhance, and maintain the quality or safety of services or devices
which we may own, control, or provide.
We may also use the information we collect for our own or our service providers’ other operational
purposes, purposes for which we provide you additional notice, or for purposes compatible with the
context in which the California Personal Information was collected.
Do Not Sell My Personal Information
If you are a California resident, you have the right to opt-out of our sales of certain information relating
to individuals and households subject to the California Consumer Privacy Act. To exercise this opt-out
right, whether you have an account or not, please email us at support@colocrossing.com. If you do not
have an account, include your name and email address or mailing address.
Nevada Opt-Out Disclosure
You Have the Right Not to Have Your Personal Information Sold
You have the right to request that we do not sell any of your personal information.
Personal information for this section means a natural person’s first name or first initial and last name in
combination with any one or more of the following data elements when the name and data elements
are not encrypted: social security number, driver’s license number, driver authorization card number, or
identification card number. Account number, credit card number, or debit card number, in combination
with any required security code, access code, or password that would permit access to the person’s
financial account. A medical identification number or a health insurance identification number. A
username, unique identifier, or electronic mail address in combination with a password, access code, or
security question and answer that would permit access to an online account.
If you wish to make this request, please email us at: support@colocrossing.com telling us that you do
not want to have any of your personal information sold. Please include enough personal information so
that we can reasonably verify your identification. We will respond to your request within 60 days after
receiving it.
"GDPR" General Data Protection Regulation
GDPR Statement and FAQs
The General Data Protection Regulation (GDPR), is an important EU privacy law that impacts businesses
around the world targeting their products and services towards EU customers– regardless of whether
the businesses in question have an established presence in the EU. The GDPR regulates how
organizations use and treat the personal data of individuals residing in the EU. Ultimately, the GDPR
gives individuals residing in the EU (“data subjects”) certain additional rights over how their personal
data is collected, processed, retained, and transferred.
The Privacy Compliance team at ColoCrossing is responsible for GDPR compliance initiatives across the
GDPR impacted products/services and works on an on-going basis with a team of stakeholders across
ColoCrossing to continue to assess and advance GDPR compliance. Some of the Frequently Asked
Questions we have been receiving from our customers and business partners include the following:
ColoCrossing Personal Data
Does ColoCrossing transfer personal data outside the European Union?
• In general, EU personal data is transferred outside the EU. ColoCrossing meets its GDPR data
transfer obligations through intracompany data transfer agreements following model clauses;
and in some circumstances, EU personal data remains in the EU either through a data center.
ColoCrossing Record Keeping
Does ColoCrossing keep records of its data processing activities?
• ColoCrossing keeps records of its data processing activities and has completed data inventory
audits and mapping of required services and products. As acquisitions occur, an analysis is
conducted on any new acquisition and a plan is formed to meet GDPR requirements.
ColoCrossing Compliance with the GDPR
Does ColoCrossing require Sub-Processors (Vendors) to comply with the GDPR?
• Sub-Processors processing EU personal data on behalf of ColoCrossing have been identified and
are required to sign a GDPR-compliant Controller-Processor Terms Addendum.
ColoCrossing Customer Data
Does ColoCrossing have the ability to delete customer data upon request?
• When ColoCrossing acts as a Data Processor (meaning, solely processing the data in connection
with your directions), ColoCrossing abides by the direction provided from you, the Data
Controller (meaning, the organization controlling the purpose and means of the data collection
and processing) provided there are no legitimate interests requiring ColoCrossing to maintain
the personal data.
• When ColoCrossing acts as a Data Controller, ColoCrossing deletes data in accordance with
GDPR requirements provided there are no legitimate interests requiring ColoCrossing to
maintain the personal data.
• It is important that all customers and business partners understand that the GDPR also places
obligations directly upon them when they use our webhosting, email marketing, and logo
services in connection with their businesses either located in the EU or directed at EU residents.
• Each customer and business partner are responsible for ensuring their own compliance with the
GDPR, just as they are responsible for compliance with all the laws that apply to them today.
Accordingly, you should seek appropriate legal guidance to understand your specific obligations
under the GDPR.
Cookies Policy
Effective Date: January 12, 2021
Please read this cookie policy carefully as it contains important information on who we are and how we
use cookies on our website. This policy should be read together with our Privacy Policy which sets out
how and why we collect, store, use and share personal information generally, as well as your rights in
relation to your personal information and details of how to contact us and information about regulators
if you have a complaint.
Who we are
This website is operated by ColoCrossing and our goal is helping enterprises, small business and financial
institutions deepen customer relationships through trusted, technology-enabled solutions. For more
information about us see here https://www.colocrossing.com
Our website
This cookie policy only relates to your use of our website.
On our website we may link to other websites owned and operated by certain trusted third parties to
make additional products and services available to you. These other third-party websites may also use
cookies or similar technologies in accordance with their own separate policies. For privacy information
relating to these other third-party websites, please consult their policies as appropriate.
Cookies
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other
electronic device) when you use our website. We use cookies on our website. These help us recognize
you and your device and store some information about your preferences or past actions. For example,
we may monitor how many times you visit the website, which pages you go to, traffic data, location data
and the originating domain name of your internet service provider. This information helps us to build a
profile of our users, improve your shopping experience, administer the site, track users’ movements
around the site, analyze trends and helps us improve site design. We do not store sensitive information
in your cookies. Some of this data will be aggregated or statistical, which means that we will not be able
to identify you individually.
If you chose to limit the use of cookies at the individual browser level or choose to disable cookies, it
may limit your use of certain features or function on our website. For further information on our use of
cookies, please see below.
For further information on cookies generally, including how to control and manage them, visit
regulatory guidance on cookies such as Online Tracking | FTC Consumer Information by the U.S. Federal
Trade Commission or guidance from UK Information Commissioner’s Office.
Types of Cookies
The cookies we place on your device fall into the following categories:
• Strictly necessary cookies: these cookies are necessary for the website to function and cannot
be switched off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy preferences, logging in or
filling in forms. You can set your browser to block or alert you about these cookies, but some
parts of the site will not then work. These cookies do not store any personally identifiable
information.
• Performance cookies: these cookies allow us to count visits and traffic sources so we can
measure and improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site. All information these cookies
collect is aggregated and therefore anonymous. If you do not allow these cookies we will not
know when you have visited our site, and will not be able to monitor its performance.
• Targeting cookies: these cookies may be set through our site by our advertising partners. They
may be used by those companies to build a profile of your interests and show you relevant
adverts on other sites. They do not store directly personal information, but are based on
uniquely identifying your browser and internet device. If you do not allow these cookies, you
will experience less targeted advertising; and
• Functional cookies: these cookies enable the website to provide enhanced functionality and
personalization. They may be set by us or by third party providers whose services we have
added to our pages. If you do not allow these cookies, then some or all of these services may
not function properly.
Consent to use cookies and changing settings
We will ask for your permission (consent) to place cookies or other similar technologies on your device,
except where they are essential for us to provide you with a service that you have requested (e.g. to
enable you to put items in your shopping basket and use our check-out process).
You can withdraw any consent to the use of cookies or manage any other cookie preferences by using
our privacy preference center by clicking on “Cookie Settings” at the bottom of any page on our site. You
can then select which types of cookies to allow by clicking on the sliding buttons next to each type of
cookie. It may be necessary to refresh the page for the updated settings to take effect.
Third party access to the cookies
We also partner with third parties to provide you advertising based upon your browsing activities and
interests. Our third-party partners may use cookies or similar technologies in order to provide such
advertising.
How to turn off all cookies and consequences of doing so
If you do not want to accept any cookies, you may be able to change your browser settings so that
cookies (including those which are essential to the services requested) are not accepted. If you do this,
please be aware that you may lose some of the functionality of our website.
For further information about cookies and how to disable them please visit the guidance published by
the regulator in your jurisdiction, such as Online Tracking | FTC Consumer Information by the U.S.
Federal Trade Commission or guidance from UK Information Commissioner’s Office.
How to contact us
If you have questions or comments about this policy or any information we may hold about you, you
may contact us by email or post here:
ColoCrossing Attn: Senior Privacy Officer
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
mail: support@colocrossing.com
Changes to this policy
This policy was published on July 10, 2023 and last updated on July 6, 2023.
We may update this cookie policy from time to time. The updated version will be indicated by an
updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make
material changes to this cookies policy, we may notify you either by prominently posting a notice of such
changes or by directly sending you a notification. We encourage you to review this cookies policy
frequently.
Civil Subpoena Policy
1. Disclosure of Customer Information: ColoCrossing’s Privacy Policy forbids the disclosure of customer
account and personal information except in limited circumstances, including:
(a) with express permission from the customer;
(b) when required or permitted by law; and
(c) to comply with legal process properly served on ColoCrossing or one of its affiliates by court order
and/or law enforcement.
2. Request Notice: If you seek the identity or information related to a ColoCrossing customer in
connection with a civil legal matter, you must fax, mail, or serve ColoCrossing with a valid subpoena or
court order. Please send your request to:
Mailing Address:
ColoCrossing
Attention: Legal Department
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Fax: 1-905-319-9373
Please do not send these requests by email. We will confirm via email, fax, telephone or mail the
acceptance of this information and will respond in due process.
3. Fees: ColoCrossing is entitled to get reimbursed for professional services associated with complying
with the civil process and will invoice the person or entity submitting the civil subpoena, court order or
any request for information pertaining to the compliance of this request. Payment must be made within
thirty (30) days from the receipt of the ColoCrossing invoice. Instructions for payment will be provided
on the invoice. The fee structure is as follows (all prices are in U.S. dollars and applicable taxes will be
charged in addition to the fees below):Research or Discovery: $100/hour
Federal Express or Courier Service: Billed at cost
Copies: $0.50 per page
Disks or storage devices: $25 per unit
4. Notice to Customer and Response Time: Upon receipt of a valid civil subpoena or court order,
ColoCrossing will promptly notify the customer whose information is sought via email or mail, where
permitted by law, to allow for a customer response.
5. Email Policies: ColoCrossing will not produce the content of an individual email address or email
content, unless under direct court order or in limited circumstances. Please be advised that ColoCrossing
email servers do not retain deleted or sent email. ColoCrossing reserves the right to request a copy of
the complaint and any supporting documentation that demonstrates how the ColoCrossing email
address is related to pending litigation or underlying subpoena.
Universal Terms of Use
1. Acceptance of Terms
Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and use of this
website (“Site”) and the products and services provided herein (“Products” and/or “Services”). These
TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Products or
Services you purchase or access through the Site, which terms and policies are incorporated herein by
reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.
As used herein, “ColoCrossing”, “we”, “us”, “our” or “ours” refers to ColoCrossing and its affiliates.
“Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and
purchasing and using the Products or Services together with any company or other business entity you
are representing, if any.
We reserve the right to make changes to the Site, the Products or Services and these TOU at any time
without prior notice to you. You should therefore review these TOU each time you access this Site to
keep apprised of these changes. If you do not agree to the changes implemented by ColoCrossing, your
sole and exclusive remedy is to terminate your relationship with us as a customer of the Products or
Services. Unless explicitly stated otherwise, any new features or products that change, augment or
enhance ColoCrossing’s Products or Services offerings will be subject to this Agreement.
2. Use of the Site
You are granted permission to access and use this Site and its Content (as defined below) for the sole
purpose of preparing, evaluating, and purchasing ColoCrossing’s Products and Services through the Site.
No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
ColoCrossing assumes no liability or responsibility for any inaccuracies, errors or omissions in any
Content. ColoCrossing also assumes no responsibility and shall not be liable for any damages to, or
viruses that may infect, your computer equipment or other property on account of your access to, use
of, or browsing on the Site or your downloading any materials, data text or images from the Site.
You agree to use this Site and our Products and Services in a responsible manner that is in compliance
with these TOU and your local laws and regulations, including export and import regulations. If you are
located in the European Union "EU" or are using the personal data of European Union data subjects in
connection with your use of our Products and Services, you agree to the terms of our Data Processing
Addendum and Privacy Policy.
By accessing, using and placing orders on the Site, using any of our Products or Services and/or
electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years
of age and/or are otherwise recognized as being able to form legally binding contracts under applicable
law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate
entity, you represent and warrant that you have the legal authority to similarly bind such corporate
entity.
By accessing, using and placing orders on the Site, you warrant that you have all necessary permission,
right and authority to do so and you authorize ColoCrossing to produce the Products you order. You also
agree to be bound by these TOU, our Privacy Policy and to any additional related policies, guidelines,
restrictions or rules that may be posted from time to time. All such additional posted guidelines,
restrictions, or rules are incorporated herein by reference.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-
proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be
used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or
restriction, any ideas, concepts, know-how or techniques contained in any communication you send to
or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing
and marketing Products and Services using such information.
Site Pricing
ColoCrossing strives to keep our Site up to date; however, occasional fluctuation in market conditions
may change the price of a product. Our goal is to honor the pricing shown on the Site, however, we
reserve the right to change published prices of product offered on our Site at any time. If a published
Site price is incorrect on an item you have quoted or ordered, we will contact you immediately with the
most updated price or help you choose a different item that is within your budget.
Site Images
ColoCrossing makes every effort to provide clear and color-correct product images on our Site that best
reflect the true nature of the products. However, website images are inherently limited in their ability to
accurately show color, scale, and detail. Please be careful about making assumptions about products
from the Site image alone.
3. Your Account, Password and Security
In order to transact a purchase on the Site you must first complete our registration process where you
will provide us with your billing and contact information (“Your Account”). You agree to provide and
maintain accurate, current and complete Your Account information about you, and any entity on whose
behalf you order Products or Services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all
activities that occur and orders that are placed under Your Account. You will immediately notify us of
any unauthorized use of Your Account or any other breach of security, and ensure that you exit from
Your Account at the end of each session. We may suspend or terminate Your Account upon notice to
you in the event that we reasonably determine that Your Account has been involved in a violation of this
Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged
violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be
liable for the losses incurred by us or others due to any unauthorized use of Your Account. ColoCrossing
will not be liable for any loss or damage arising from your failure to comply with this section.
4. Notice
We may provide communications and notices to you by means of a general notice on the Site or by
email to the address on record in Your Account or by written communication sent by first class mail or
prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48)
hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the
Site. You may withdraw your consent to receive electronic communications, however doing so may also
require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail
to [EMAIIL] or by sending a written notice by first class mail or prepaid post to: Attention: Customer
Service, 5063 North Service Road Suite 102 Burlington, ON L7L 5H6 Canada. Such notice shall be
deemed effective when received by us.
5. Third Party Information and Links to Other Websites
The Site and/or the Products or Services may contain products, services, content, information and links
to and from third party providers (such as advertisers and affiliates) and their websites ("Third Party
Information"). You may be subject to additional and/or different terms, conditions, and privacy policies
when using or accessing Third Party Information. ColoCrossing is not responsible for, disclaims all
liability for and makes no representations or warranties for Third Party Information. Although we do not
have an obligation to do so, we reserve the right to pre-screen Third Party Information.
6. Intellectual Property
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted
and may not be used except as provided herein without our prior written permission. Except as noted
otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other
copyrightable materials displayed on the Site and available for use with the Products or Services
constitute intellectual property owned by ColoCrossing or which ColoCrossing has the right to use on the
Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or
otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or
any other content on the Site is strictly prohibited. You acknowledge that Content is being provided
merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
7. Terms Applicable to Digital Content
Some of our Products may contain, and some of our Services may provide you with, images,
photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and
"online" or electronic documentation (together called the "Digital Content"). You may use, modify and
publish the Digital Content in accordance with these terms. The copyright and all other intellectual
property rights to the Digital Content shall remain with us or our licensors and you acknowledge that
Digital Content may be used by other ColoCrossing customers. If we notify you that certain components
of the Digital Content may no longer be used (for whatever reason), then such components cannot be
used as part of a website design or template layout, nor can they be used in any other larger work. If you
receive such notification, you agree to cease using and destroy all copies of those components of the
Digital Content identified by us in your possession or control.
Permitted Uses. During the Term, you may incorporate Digital Content into your own original work and
publish your work in a website provided that the Digital Content is not able to be downloaded or saved
by others.
Unauthorized Uses. You may not:
1. Use the Digital Content in web page design where the Digital Content is in a format designed or
intended for storage or re-use by others;
2. Use or permit the use of the Digital Content or any part thereof as a trademark or service mark,
or claim any proprietary rights of any sort in the Digital Content or any part thereof;
3. Use the Digital Content with images of identifiable individuals, products or entities in a manner
that suggests their association with or endorsement of any Product or Service;
4. Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use
the Digital Content for any other purpose which is prohibited by law;
5. Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
6. Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another
person or legal entity; or
7. Use the Digital Content in a manner that violates this Agreement.
8. Notice Specific to Documents Available on this Site
You are granted permission to use documents provided on the Site such as white papers, data sheets
and FAQs (“Documents”) provided that the content contained therein including any copyright notice is
not altered or removed. Use of such Documents is for informational and non-commercial or personal
use only and shall not be copied or posted on any network computer or broadcast in any media.
9. Materials Provided by You
In connection with your use of the Site and the purchase of Products or Services made available through
the Site, you may provide us with text, images, photographs, graphics, sound, video and other
information for inclusion (“User Content”). You may also have the ability to view, post, publish, share,
store or manage User Content via the Site or the Products or Services. All such comments and postings
are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or
remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy
or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed.
ColoCrossing does not warrant that it backs-up User Content, and you agree to accept as a risk the loss
of any and all of your User Content. You agree to indemnify and hold ColoCrossing and its subsidiaries
and affiliates and its and their officers, directors, employees, partners and agents, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
our use of User Content.
10. Purchases of Products and/or Services; Transfer of Title
For any Product or Service that is to be provided to you in an electronic format, delivery shall be deemed
to have occurred either (a) at the time we transmit the Product via email or other electronic
communication addressed to you, or (b) at the time we transmit a notification to you that the Product is
available for downloading from the Site. State sales tax will be added to your order where applicable. If
you are exempt from sales tax, please provide us with a copy of your resale exemption certificate.
Submission of an online order, verbal acknowledgment on recorded line and/or your signature on our
Order Acknowledgment is a conditional acceptance by ColoCrossing of your offer to purchase our goods
and your acceptance of our terms and conditions. It may contain terms that differ from or add to those
contained in your purchase order, should you have one, and to the extent that this is the case,
ColoCrossing hereby expressly conditions its acceptance of your offer on ColoCrossing’s agreement of
the additional or different terms. Your receipt and retention of the goods covered by this invoice shall
constitute acceptance of any such additional or different terms.
Trial Offers
Some of our Products and Services are offered on a free or limited trial basis. Unless otherwise stated,
limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel
your trial subscription during the offer period, we will charge the credit card you provided during the
registration process the applicable monthly subscription fee.
11. Fees and Payments
You agree to pay any and all fees and payments due for Products or Services purchased at this Site at
the time they are ordered. All fees and payments and are non-refundable unless otherwise expressly
noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services
term.
Unless otherwise stated, you may pay for Products and Services by providing a valid credit card or ACH if
available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your
Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your
credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss
of Services. ColoCrossing will not be liable to you or any third party regarding Services loss or
interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after
they first appear on your credit card or bank account statement, otherwise you waive any right to
dispute any such discrepancy.
You acknowledge that ColoCrossing may use the services of a third party to automatically update your
credit card expiration date. These recurring billing or account updating programs “Billing Programs” are
supported by your credit card provider (and are ultimately dependent on your bank’s participation). If
you are enrolled in an automatic renewal option and we are unable to successfully charge your existing
payment method, your credit card provider (or your bank) may notify us of updates to your credit card
number and/or expiration date, or they may automatically charge your new credit card on our behalf
without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Products or
Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you
acknowledge that ColoCrossing may pursue all available lawful remedies in order to obtain payment
including, immediate cancellation without notice to you of any domain names or Services registered or
renewed on your behalf.
ColoCrossing reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades
(one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may
perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we
may incur in providing our Products and Services to you, and/or (iv) your noncompliance with this
Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit
card or other payment method you have on file with us.
Some of ColoCrossing’s Services offer an automatic renewal option that will automatically renew your
service for a renewal period equal in time to the original service period. For example, if your original
service period is for one year, your renewal period will be for one year. While the details of the
automatic renewal option vary from Service to Service, the Services that offer an automatic renewal
option treat it as the default setting. Therefore, unless you cancel prior to the automatic renewal,
ColoCrossing will automatically renew the applicable service when it comes up for renewal and will take
payment from the payment method you have on file with us. Renewal fees will be charged at
ColoCrossing’s then-current rates.
ColoCrossing expressly reserves the right to change or modify its prices and fees at any time, and such
changes or modifications will be posted online at this Site or otherwise communicated to you using the
information on file with us, and effective immediately without further notice to you. If you have
purchased Products or Services for a fixed time period, changes or modifications in prices and fees will
be effective when the Product or Service in question comes up for renewal. If you find any pricing
change unacceptable, you may cancel your Service subscription(s) and terminate your Customer
Account, however ColoCrossing will not be obligated to refund any remaining portion of your pre-paid
fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all
subsequent periods after the initial promotion period will be billed at the then stated list price for the
service. If a Service is offered with a special promotion price and you cancel and/or default on payment
causing suspension or termination of service you are not eligible to resume service at that original
promotion price and regular pricing applies.
Late Fees and Penalties. We reserve the right to charge late fees of 1% per month (18%, annually) or 6%
of the amount due plus $10 per month for amounts not timely paid, whichever is more. Customer will
be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred
by us in collecting such amounts.
13. Term and Termination
The term and termination provisions of this Agreement and any applicable Services terms of use vary
according to the Services selected by you when ordering and will be presented to you during the
Services selection and ordering process. ColoCrossing reserves the right in its sole discretion to
immediately terminate the Service for reasonable cause, including but limited to: (i) non-payment to us;
(ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this
Agreement or any Services terms of use; (iv) requests by law enforcement or other government
agencies; (v) our ceasing to offer the Service; (vi) our inability to verify or authenticate any information
you provide to us; or (vii) our conclusion, in our sole discretion, that your use of or access to the Service
may result in liability to us. In the event of default by you, any and all payments required to be made to
us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you
from any liability, including amounts owing, accrued prior to the time that such termination becomes
effective.
14. No-risk guarantee
Your products are our priority; ColoCrossing works hard to make sure you get them on time, just the
way you ordered them. You have expectations. To meet them, we are happy to refund (in accordance to
our return policy below) or reprint your merchandise if it’s different than the proof you approved.
ColoCrossing strives to make running a business or planning an event easier for you by having your back.
We want to make sure you’re happy with your purchase because we want you to be as thrilled to
choose us as we are to have you as a customer.
Please note: To issue a refund or reprint, we may need to arrange a pickup of your damaged or defective
order. To make this a smooth process, you might be asked to show documentation. We’re happy to
assist you, so before you toss out or return your purchase, give us a call so we can find a solution.
One thing we’d like you to keep in mind is that all sales, unless otherwise noted, are final. ColoCrossing
puts special care into working on your job and will not be able to give a refund once we’ve gotten the
materials and begun working.
Life is unpredictable, and some circumstances are beyond our control. We cannot be held responsible
for:
• Spelling, punctuation or grammatical errors made during your customization process
• Poor image quality or low-resolution of your uploaded files
• Design or color selection errors you submitted during the file creation process
• Errors in user-selected options like product type, size, finishing options or quantity
• Incorrect dimensions, image orientation or file submission in accordance with our specifications
• Color-match guarantee without a hard-copy proof approval
• Delivery delays due to improperly prepared files
• Duplicate orders by the customer
• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services
Don’t let this list overwhelm you. We’ve got steps in place all along the process to help prevent these
errors from happening.
Claims and returns
If problems arise, please reach out to us within 15 days of receiving your package. A good way to meet
this time frame is to open your order right away, even if you don’t plan on using it for a while. After 15
days, it may not be possible to go back to our suppliers for credit. Having your order number available
when contacting us will make finding a solution simpler on both ends. Unauthorized returns are not
accepted. Customer service is always here to help and, if need be, we’ll give you a Return Material
Authorization number (RMA) and a special shipping address to send your package on a journey back to
us.
15. Disclaimer of Warranties
The Site and the Products and Services available via the Site are provided by use on an “AS IS” and “AS
AVAILABLE” basis. Therefore, you understand that your use of the Site and the Products and Services is
at your sole risk. To the fullest extent permissible pursuant to applicable law, ColoCrossing and its
subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors
expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non-infringement.
ColoCrossing and its subsidiaries and affiliates and its and their officers, directors, employees, agents,
partners and licensors do not warrant or make any representation regarding any content we provide
including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our
Products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or
stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely,
secure or error-free manner. ColoCrossing shall be permitted from time to time to interrupt any Service
in order to provide maintenance affecting that Service.
16. Limitation of Liability
ColoCrossing is not responsible or liable for the deletion, correction, destruction, damage, loss or failure
to store or maintain any of your Account data or your Content. ColoCrossing and its subsidiaries,
affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will
not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental,
consequential, punitive, reliance or exemplary damages, including without limitation losses or liability
resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity;
(ii) the accuracy, completeness or content of the Site, Services or any Third Party Information,
(iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services,
any of our servers including, without limitation, any User Content or data including personal and/or
financial information stored thereon; (v) any interruption or cessation of Services related to the Site or
third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of
any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any
other applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use,
the Site or the Services made available through the Site or any act or omission by ColoCrossing, even if
advised of the possibility of such damages.
ColoCrossing’s liability and your exclusive remedy related to non-performance of any Service shall be: (i)
repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or
adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the
portion of the product or Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of ColoCrossing its subsidiaries
affiliates and agents and its and their officers, directors, employees, agents, partners and licensors,
whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price
of the product or Service actually paid to ColoCrossing. In states where the limitation or exclusion of
liability or incidental or consequential damages is not allowed, the above limitations or exclusions may
not apply to you. In such cases ColoCrossing’s aggregate liability will be limited to the fullest extent
permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must
be commenced within one (1) year after the cause of action arises or any such action will be
permanently barred.
17. Indemnification
You shall indemnify, defend and hold ColoCrossing, its officers, directors, employees, shareholders,
agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages,
liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection
with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or
omission by you in using the Site or any Product or Service ordered via the Site including but not limited
to your violation of the Agreements terms of use or policies found on the Site or infringement of any
third party proprietary rights by you.
18. Jurisdiction and Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters
arising out of or relating thereto will be governed by the laws of the State of Nevada without regard to
its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the
provision of the Products or Services offered via the Site will be brought in the state or federal courts
located in Nevada. You hereby submit to the jurisdiction of and agree that venue is proper in those
courts in any such legal action or proceeding.
19. General, Contact Information
ColoCrossing shall not be responsible for failure or delay of performance if caused by an act of war,
hostility, or sabotage, acts of god, electrical, internet, or telecommunication outage that is not caused
by us, government restrictions (including the denial or cancellation of any export or other license), or
other events beyond our reasonable control.
ColoCrossing will provide you with phone support at no additional charge for technical questions and
issues relating to your use of the Site. You may contact our support services by dialing 1-800-518-9716
24 hours a day, 7 days per week or emailing us at support@colocrossing.com Our mailing address is
5063 North Service Road Suite 102 Burlington, ON L7L 5H6 Canada. All sections of this Agreement
which, by their nature, should, shall survive termination including payment, indemnity and the
disclaimers of warranty and limitations of liability.
Acceptable Use Policy
This Acceptable Use Policy encourages the responsible use of ColoCrossing's services. The behaviors
listed below are generally prohibited because they either pose an unacceptable risk to the stability,
integrity, or quality of our services or are otherwise contrary to ColoCrossing's business practices and
policies.
You are solely responsible for the content you furnish to us in connection with the services we provide
to you. We may review, screen or monitor content you provide to us or that you otherwise use, provide
or make available in connection with any services we provide to you.
General Rules of Conduct.
Your use of our services, including any content you submit, will comply with this Acceptable Use Policy
and our Universal Terms of Use together with any other applicable Service Agreement or policies as well
as all applicable local, state, national and international laws, rules and regulations. In addition, users of
the ColoCrossing services are prohibited from directly or indirectly engaging in any of the following
prohibited conduct:
1. Causing an information security risk to ColoCrossing or others.
2. Violating intellectual property rights.
3. Violating the privacy, publicity or other personal rights of others.
4. Promoting or providing assistance in promoting activities including but not limited to:
1. Weapons or explosives (such as firearms, ammunition, explosives, and caustic or other
dangerous substances).
2. Content that is likely to shock or disgust (such as hatred, violence, threats, abuse or
cruelty to people or animals; harassment; racism; sexual; pornographic; adult products
or services including novelties; religious, race or political intolerance, or organizations
with such views; vandalism; crime; terrorism; eating disorders; tobacco products and
paraphernalia; or promotion of suicide).
3. Content that is meant to bully, exploit or appears to unfairly capitalize at the expense of
others.
4. Unsafe supplements.
5. Engaging in or promoting products associated with illegal activities (such as recreational
drugs whether chemical or herbal; psychoactive substances; equipment to facilitate
drug use, illegal gaming; or underage drinking or smoking).
6. Highly regulated products or services.
Violations.
ColoCrossing reserves the right to notify law enforcement agencies if it becomes aware of any unlawful
activity and not perform any services it deems to be in violation of this Acceptable Use Policy, its other
corporate policies or any applicable laws. ColoCrossing may take immediate action, including, but not
limited to issuing warnings and suspending or terminating the services. In the event we take such action,
we shall not be obligated to refund to you any fees paid in advance thereof.
HOSTING SERVICES ACCEPTABLE USE POLICY (AUP)
We reserve the right to modify this AUP at any time without notice.
Customer is responsible for all use of Services by itself, its employees, agents, contractors, invitees and
clients, whether such use is with or without the consent of Customer.
All customers and users agree to use any and all hosting services only for lawful purposes and in
compliance with all applicable laws. Specific activities that are prohibited include, but are not limited to:
• Real, simulated, or animated violence against any living being;
• Glorifying of or encouraging violence against any living being;
• Threatening harm to persons, animals, or property;
• Threatening sexual, financial, or emotional harm to any person;
• Promotion of, glorifying, or threatening terrorism or violent extremism;
• Suggesting, glorifying, encouraging, or promoting suicide or self-harm, including self-mutilation
and eating disorders;
• Non-medical usage of images containing gore, death, or dismemberment;
• Any media depicting real, simulated, or animated sexual violence, assault, or exploitation;
• Promotion or glorification of mass or serial murder or genocide;
• Celebrating or glorifying the suffering or humiliation of other people, groups, or living beings;
• Content that expresses support, praises, celebrates, or condones groups, leaders, or individuals
involved in terrorist activity, organized hate, mass or serial murder or genocide, human
trafficking, organized violence or criminal activity, or violence against any living being;
• Any activity to facilitate or coordinate future criminal, violent, threatening, abusive, or harassing
activity that is intended or likely to cause harm to people, property, businesses, or animals;
• Asking or offering a financial incentive or reward in exchange for inflicting violence against a
specific person or group of people;
• Engagement in or promotion or glorification of violence against any living being to advance
political, religious, or social causes;
• Credible threats of imminent violence;
• Harassment, bullying, or intimidation of any person or group or inciting others to do so;
• Using aggressive insults with the purpose of harassing or intimidating others;
• Expressing a wish or hope that a person or group experiences physical harm, death, or serious
disease;
• Behavior intended to harass, abuse, or threaten any person or group;
• Hateful conduct, including conduct that promotes violence against, threatens, or harasses any
person based on race, ethnicity, national origin, caste, sexual orientation, gender, gender
identity, religious affiliation, age, disability, serious disease, handicap, genetic makeup, victim
status, or immigration status;
• Hateful imagery-logos, symbols, or images whose purpose is to promote hostility and malice
against others based on their status. Examples include symbols historically associated with hate
groups (Nazi imagery, the swastika), images depicting others as less than human or altered to
include hateful symbols, images altered to include hateful symbols or references to a mass
murder that target a protected category (e.g., manipulating images of individuals to include the
yellow Star of David badges used during the Holocaust or manipulating an image to show
someone being lynched);
• Content that is meant to degrade or shame any person or group;
• Violent or dehumanizing speech, statements of inferiority, or calls for exclusion or segregation;
• Anything that incites fear or encourages real-world harm, including (but not limited to) physical,
financial, and emotional injury;
• Anything that violates any law or regulation in the US or any jurisdiction where the site is
available. Using the service for any unlawful purpose or in furtherance of illegal activities;
• Operating a lottery, gambling, or casinos;
• Offering goods or services made from endangered or protected species;
• Offering counterfeit, fraudulent, or stolen goods or services;
• Unlicensed sale of drugs, including prescriptions. Sale of any controlled substances without
providing proof of appropriate permit(s) in advance, or promote, encourage, or engage in the
sale or distribution of prescription medication without a valid prescription;
• Purchase, sale, gifting, exchange, transfer, or instructions on making of any weapons, parts of
weapons, ammunition, or explosives;
• Human trafficking;
• Displaying, advertising, promoting, or glorifying commercial sexual services, including erotic
massage, dating, prostitution or escort services;
• Promotes, encourages, engages in or glorifies real or simulated child pornography or
exploitation;
• Selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of
regulated goods or services;
• Any activity that may be considered slanderous or libelous;
• Content wherein people depict criminal activity or admit to crimes they or their associates have
committed;
• Any activity that promotes or could be considered an HYIP or Ponzi scheme, multi-level
marketing, invasion of privacy, credit card fraud, or racketeering;
• Torrent trackers, torrent portals, or similar software;
• Using the services to transmit, distribute, or store material that may be harmful to or interfere
with the services or any third party's networks, systems, services, or websites, including but not
limited to, viruses, worms, trojan horses, root kits, password crackers, adware, and key stroke
capture programs;
• Uploading unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or
banner-ad services, topsites, streaming, Escrow, investment sites (FOREX, E-Gold Exchange,
etc.), bitcoin miners, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime
Banks Programs, muds / rpg's, hacking focused sites/archives/programs, IP Scanners, Brute
Force Programs, Mail Bombers and Spam Scripts;
• Using the services to engage in phishing activities or any activities that may interfere with the
ability of others to access or use the service, network, or internet generally;
• Using the services to cause security breaches or disruptions of Internet communication and/or
connectivity. Security breaches include, but are not limited to, accessing data, accounts or
systems without authorization or logging into a server or account that the customer is not
expressly authorized to access and denial of service attacks. Disruptions include port scans,
flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information;
• Using the services to allow any remote code execution of malicious software;
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or
network hacking or cracking;
• Using the services to publish or post other people's private information (such as home phone
number and address) without their express authorization and permission (doxing);
• Threatening to expose private information or incentivizing others to do so;
• Sharing intimate, nude, or partial nude photos or videos of someone that were produced or
distributed without their express written consent;
• Any activity that includes the unwanted sexual discussion of someone's body or otherwise
sexualizes or exploits an individual without their consent;
• Using services for the purpose of manipulating or interfering in any public election. This includes
posting or sharing content that may suppress voter turnout or mislead people about when,
where, or how to vote;
• Using the services to impersonate individuals, groups, or organizations in a manner that may
mislead, confuse, or deceive others;
• Content created or used with the intent to defraud or mislead others;
• Accounts which misrepresent their affiliation, or share content that falsely represents its
affiliation, to a candidate, elected official, political party, electoral authority, or government
entity;
• Violating others' intellectual property rights, including copyright and trademark;
• Facilitating, encouraging, or coordinating sexual encounters between adults;
• Facilitating, encouraging, or coordinating drug transactions;
• Distributing or making available content that was obtained through hacking that contains
private information, may put people in physical harm or danger, or contains trade secrets;
• Encouraging, incentivizing, or offering to help others to participate in any activities or content
that violates this AUP;
• Anything else ColoCrossing, in its sole discretion, deems offensive, obscene, inappropriate, lewd,
or abusive.
Email
Sending unsolicited email messages, including, without limitation, commercial advertising and
informational announcements, is explicitly prohibited. Customer will not use another site's mail server
to relay email without the express permission of the site. It is strictly forbidden to send out unsolicited
email from any other network that advertises, promotes or in any way points to a location inside our
network. It is also strictly forbidden to be involved in the distribution of tools designed for the aiding of
Unsolicited Bulk Email (UBE). A Customer’s connectivity may be terminated without delay if the
Customer has been documented on a recognized SPAM abuse list or if the Customer has previously been
denied access from another provider due to AUP violations.
System and Network Security
Customer is prohibited from utilizing our services to compromise the security or tamper with system
resources or accounts on computers at the Premises or at any third-party site.
Specific activities that are prohibited include, but are not limited to:
• Use or distribution of tools designed for compromising security;
• Unauthorized access to or use of data, systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network;
• Unauthorized monitoring of data or traffic on any network or system without express
authorization of the owner of the system or network;
• Deliberate attempts to overload a system and broadcast attacks;
• Forging of any TCP-IP packet header or any part of the header information in an email or a
newsgroup posting;
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Violations
We, in our sole discretion, will determine what action will be taken in response to a violation on a case-
by-case basis and without notice to you. Violation of this AUP could subject Customer to criminal or civil
liability. We may block access at the router level to Customer's Equipment involved. If we believe, in our
sole discretion, that a violation of this AUP has occurred, we reserve the right to temporary or
permanent block access to any equipment, and immediately suspend or terminate Customer’s Services
under this Agreement. If your use of Services violates this AUP, we may take any action to prevent that
violation from continuing to occur – including removing all Customer access without prior notice. We
may report to and will also fully cooperate with law enforcement authorities (including compliance with
court orders) in investigating suspected lawbreakers.
We reserve the right to suspend or terminate any customer pursuant to any valid AUP complaint.
Furthermore, we, in our sole discretion, may suspend or terminate, without notice, any User that we
determine is a repeat AUP violator.
Copyright Infringement Policy (DMCA)
Reporting Copyright Infringement
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the
information required to be contained in these notices and is consistent with the form suggested by the
United States Digital Millennium Copyright Act (DMCA) 17 U.S.C Section 512(c)(3)(A).
If you believe your copyrighted work has been infringed by a website for which ColoCrossing is providing
the hosting services and your attempts to resolve the issue by contacting the website owner(s) directly
were not successful, you may request that we take down and/or disable access to the infringing
materials. To do so, please download, complete, print and sign the Notification of Claimed infringement
form provided below and deliver it to ColoCrossing's Copyright Agent.
ColoCrossing will respond to notices of claimed infringement in accordance with the DMCA. Our
response may include removing and/or disabling access to material claimed to be the subject of the
infringing activity. If we remove or disable access in response to such a notice, we may notify the owner
of the affected site so that he or she can make a counter-notification in accordance with DMCA.
PLEASE NOTE: Misrepresentations made in your notice as to whether material or activity is infringing
may expose you to liability for damages including costs and attorneys' fees. In some cases use may be
protected by the fair use doctrine under U.S. Copyright Law. Therefore, if you are unsure whether the
material complained of is infringing, it is recommended that you first contact an attorney. You may
locate information concerning DMCA and U.S. Copyright Law at the Library of Congress'
website www.copyright.gov.
What we require from you
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative list
of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number and email address;
5. A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
ColoCrossing
Attn: DMCA Agent
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Email: support@colocrossing.com
FOR DOMAIN NAME DISPUTES: If you have concerns or issues with any specific domain name
registration, please do not contact our DMCA agent. Instead, refer to our Uniform Domain Name
Dispute Policy in this document.
Web Design Terms of Use
ColoCrossing’s Universal Terms of Use and any applicable purchase orders are incorporated herein by
reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in
the Universal Terms of Use and purchase order, if any. By using our website design Services you
acknowledge that you have read and understand the Universal Terms of Use, in particular Section 6,
Intellectual Property and Digital Content.
1. Our Obligations.
Once you have submitted all User Content to us, provided you do not request additional changes,
modifications, customized designs or similar non-standard work (“Custom Modifications”), we will
furnish to you a website (“Created Website”).
ColoCrossing will assign you an Internet Protocol (“IP”) address, which will remain under our control and
ownership. You will have no right to use the IP address except as allowed by us, and we reserve in our
sole discretion the right to change or remove any and all IP numbers and addresses.
ColoCrossing does not have a duty to and does not generally screen or edit content or links originating
from your website, but we reserve the right to refuse Service, monitor or to remove, without notice, any
content or links which, in our sole discretion or that of a court or regulatory agency, is deemed illegal,
misleading, or obscene, or is otherwise in breach of our Universal Terms of Use, Anti-
Spam or Acceptable Use policies or any other terms provided to you.
2. Your Obligations.
You agree to deliver the User Content no later than five (5) days following the date you sign up for the
Services (“Website Content Delivery Period”). In the event that the User Content has not been received
following the expiry of the Website Content Delivery Period, the Created Website will be provided to
you with generic website content that, in our reasonable opinion, is related to your industry.
For a period of 30 days following the date that the Created Website was delivered to you, you will be
permitted to request three (3) minor revisions to the Created Website. If you request Custom
Modifications, we will furnish to you the Created Website at a time designated by us.
You will use the Created Website as one website only, displayed at a single IP address for the single
purpose specified originally to us. You may create one duplicate of the Created Website for back-up
purposes.
You are responsible for the content of the website that you provide to us, including without limitation,
its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors
or infringe upon the rights of any third party. This applies to content created by us at your direction for
inclusion on the Created Website that has been reviewed and approved by you. You agree not to store,
link to, transmit, advertise or make available any website content is illegal, misleading, or obscene, or is
otherwise in breach of these Terms of Use, our Universal Terms of Use or Acceptable Use Policy or any
other terms provided to you.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, ALL WEBSITE CONTENT INCLUDING DIGTIAL
CONTENT (EX IMAGES) IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS ColoCrossing AND ITS AFFILIATES AND AGENTS FROM ANY AND ALL CLAIMS, INCLUDING
WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET,
DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR
COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY
OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY
OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE
LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES,
COSTS, AND OTHER EXPENSES INCURRED BY US , RELATED TO OR IN CONNECTION WITH THIS
AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
If you require help desk support from us, please contact us.
3. Archiving on Termination.
You acknowledge and agree that once the Service is terminated your website will be archived for 30
days. If the amounts due and payable hereunder are not paid by the end of the archive period, your
website will be erased. ColoCrossing will not be responsible for any errors, loss of information or any
other mishap that may occur following the first non-payment. Retrieval of the website from the archive
will be on a best-effort basis. Users visiting your website during the archive period will see an error or
substitute message window until the amounts due and payable hereunder have been paid.
4. Sample Website Privacy Policy.
All Websites should contain a link to a privacy policy which accurately conveys the information collection
and usage practices of the company represented on the site (similar to the example below). If you
currently have a privacy policy applicable to your Website users, please provide it to us during the build
process. If you do not, you are advised to consult with a privacy/legal expert to help you create a privacy
policy that meets the requirements applicable to your situation. We provide you with the following
template for use as a starting point.
Sample Privacy Policy:
This Privacy Policy applies to all personally-identifiable information supplied by individuals using this
website. The following statements will help you understand the collection, use, and safeguards of the
information you provide through this website. The terms “we”, “our”, and “us” in this Privacy Policy
refer to <<your business name>>.
5. Understanding the Basics on Information Collection and Use.
WHY? The information you supply on this Website may be used by us to respond to your request for
information and to communicate with you about our products, services and future promotions. We will
not share, rent, or sell your information to third parties for them to market their products and services
to you.
WHAT? We may request that you voluntarily supply personal information for purposes such as receiving
correspondence, registering on a website, or participating in online surveys or market research. If you
elect to participate, you may be asked to provide information, including your name, mailing address,
phone number, or e-mail address. When you submit personal information via this Website, you
understand and agree that we may access, store, and use your information.
HOW? Information you provide will be safeguarded according to industry-standard security and
confidentiality because we recognize and appreciate the importance of responsible use of the
information you choose to provide. We will take reasonable steps to ensure that third party service
providers protect your information and keep it confidential.
Online Privacy and Security Information. We apply industry-standard security measures to protect
against the loss, misuse, and alteration of information you provide on this Website.
Cookies are small pieces of information that are stored by your Web browser on your computer's hard
drive. A cookie may contain information (such as a unique user session ID) that is used to track the pages
of the Websites you've visited. This Website uses cookies, but we do not store personally identifiable
information in your cookies.
Children Visiting our Website. This Website is directed at adults. We do not knowingly collect or use
information from children. Should children access this Website, we are confident that parents will not
deem any of the information provided as objectionable for viewing. If you are under 18, you may use
this Website only with the involvement of a parent or guardian.
Contacting Us; Changes to Terms. By using this Website, you consent to this posted Privacy Policy. If you
do not agree with this policy, please do not use this Website. We reserve the right, at our discretion, to
change, modify, add, or remove portions of this policy at any time. Your continued use of this Website
following the posting of changes to these terms means that you accept these changes.
If you have questions regarding this Privacy Policy, the practices of this Website, to update your
information, or to express opt-out preferences please contact: <<insert customer name and contact
information>>.
Shared Hosting Terms of Use
Purpose, Acceptance of Terms
ColoCrossing’s Universal Terms of Use and any applicable purchase orders are incorporated herein by
reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in
the Universal Terms of Use and purchase order, if any.
2. Bandwidth and Space Usage
ColoCrossing will allow the specified per plan bandwidth and web space, as indicated on the Site where
the Services are found, to be used by you as long as your use is in compliance with these terms of use,
our Universal Terms of Use and any other purchase order or applicable policies.
Unlimited Acceptable Use Policy: The use of Unlimited Disk Space Services and Unlimited
Bandwidth/Unlimited Data Transfer Services are subject to the following conditions:
Unlimited Disk Space Services: ColoCrossing reserves the right to review and monitor the amount of
disk space used by any user or website and, where the amount of disk space consumed impacts upon, or
limits space available to other users or websites receiving services from ColoCrossing, ColoCrossing may
restrict the use of space by such users or website(s) or terminate the provision of services to such user.
Please note, however, that the ColoCrossing service is designed to host websites. ColoCrossing does
NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log
files, etc., that do not directly relate to the published website and any such prohibited use of the
services may result in the termination of user's account, with or without notice.
Unlimited Bandwidth/Data Transfer Services: ColoCrossing reserves the right to review and monitor
the amount of Bandwidth/Data Transfer used by any user or website and, where the amount of
Bandwidth/Data Transfer consumed impacts upon, or limits Bandwidth/Data Transfer available to other
users or websites receiving services from ColoCrossing, ColoCrossing may restrict the use of
Bandwidth/Data Transfer by such users or website(s) or terminate the provision of services to such user.
No user or website shall be permitted to use excessive use of Resources. “Resources” means
bandwidth, memory, and/or processor utilization available through the services offered by ColoCrossing
or its suppliers. ColoCrossing reserves the right, in its sole discretion, to determine if user or website is
excessively using Resources. ColoCrossing may restrict the use of Resources by such users or website(s)
or terminate the provision of services to such user.
Additional Prohibited Activities: included but not limited to, file storage, data warehousing, back-up
data storage, services or software related to Internet relay chat ("IRC"), peer to peer file sharing ("P2P"),
bit torrent, game servers, proxy server network, or interactive chat, membership or community sites for
file sharing, video sharing or photo sharing applications are not permitted (“Prohibited Activities”), and
ColoCrossing may terminate the provision of services to any user that engages in Prohibited Activities.
3. Account Sharing
Account sharing is only permitted when used in conjunction with our hosting plans. ColoCrossing
reserves the right to immediately terminate accounts, without compensation to you, that (either do, or
attempt to) share the web space with others or subdivide and resell the web space.
4. Excluded Services
ColoCrossing reserves the right to discontinue and terminate your Service, without compensation to
you, if your web site is involved in any of the following: pornographic sites, intellectual property
violations, pirated software (warez), pirated music and web sites, those whose primary business is web
advertisement, or any website which violates any law or regulation, these terms of use, our Universal
Terms of Use, Acceptable Use Policy and any other applicable terms.
5. Online Subscription
By accessing our Site and/or using the Service, you are agreeing to an on-line, paperless subscription for
the Services. You acknowledge that all the information that you submit on-line is true and correct and
will be maintained and updated by you as needed to keep the information current. ColoCrossing will
have no liability to you as a result of your failure to maintain current subscription information. You agree
that the act of signing up for your Services online or clicking to agree is equivalent to your signature.
ColoCrossing will bill you for your Services, in accordance with the billing period.
6. Quality of Services
Although ColoCrossing will make reasonable efforts to provide quality and uninterrupted services this is
not guaranteed. We will not be responsible for any damages that a Service interruption may cause to
you or to third parties. You are responsible for the usage of your account and any consequences of this
usage. You are also responsible for providing routine electronic back-ups for all data stored on our
systems to prevent loss or corruption which includes, but is not limited to, emails and website content.
While you are working on the design of your site, you agree that ColoCrossing may direct your domain
name to an IP address designated by us, including, without limitation, to an IP address which hosts a
parking, under construction, or other page that may include promotions and advertisements for, and
links to, any of ColoCrossing's Websites, ColoCrossing or third-party Websites including Internet search
engines.
7. Service and Fees and Additional Charges
You agree to pay for the Services and for additional fees that may be assessed for heavy traffic and
excessive space fees. ColoCrossing will notify you in the event these fees are incurred. You agree to pay
by credit card or other such method as mutually agreed upon. You agree to provide updated credit card
and account information online, as may be needed or requested, and in case your card is declined. You
understand that non-payment will result in automatic hold on your account. During the hold period,
your web site will not be accessible. The account will be reactivated after payment is received in full.
Credit card accounts will be automatically renewed unless notified prior to expiration date of Service.
8. Domain Name Registration and Fees
Based on availability, ColoCrossing will register the domain name(s) as submitted in the
subscription/application form in accordance with our standard policies and business practices. The first
year of domain registration fees for a domain(s) is set forth in the subscription plan. You agree to pay
the registration fees for the domain(s) thereafter. You agree to pay the registration fees for the first year
if you cancel the Service before the expiration of the first year.
9. Automatic Account Upgrade
ColoCrossing may upgrade, with email notice to you, all shared hosting accounts, which do not comply
with the restrictions of applicable terms and policies and excluded services stated in Section 4 above, to
metered plans with traffic charges and/or web space charges.
10. Termination of Services
ColoCrossing reserves the right to refuse Services to anyone and to terminate existing Services with 14
days advance notice for any or no reason; and without advance notice if you violate this or any other
Agreement, policy or terms of use. You have the right to terminate the Services at any time with written
notice sent by mail to the address below or by contacting us here. Both parties agree that there will be
no monetary compensation or refund, prorated or otherwise, for terminated services regardless of the
reason.
11. Lawful Use of Internet
You agree to use the Internet and the Services in accordance with these terms of use, our Universal
Terms of Use, Acceptable Use Policy and any other applicable terms together with any applicable
federal, state and local laws, rules and regulations.
12. Security and Integrity of Information
Although we implement the industry standard technology for information protection, there is no
guarantee that the information on the Internet is absolutely secured or may never be destroyed. You
agree to hold us harmless in cases of loss of information or loss of privacy.
13. ColoCrossing can be contacted, as follows:
Attn: Shared Hosting
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Phone: 1-800-518-9716
Customer Service Hours: 9am - 9pm, EST (7 days a week)
Technical Support: Available 24/7
Email Marketing Terms of Use
ColoCrossing's Universal Terms of Use and any applicable purchase orders are incorporated herein by
reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in
the Universal Terms of Use and purchase order, if any.
1. Our Obligations.
ColoCrossing provides you with a service to create and send email to multiple individual recipients for
the purposes of marketing your business and to access reports regarding the actions taken by those
recipients (the “Service”).
ColoCrossing does not have a duty to and does not generally screen or edit content or links originating
from your emails, but reserves the right to refuse Service, monitor or to remove, without notice, any
content or links which, in our sole discretion (or that of a court or regulatory agency), is deemed illegal,
misleading, or obscene, or is otherwise in breach of our Universal Terms of Use, Anti-
Spam or Acceptable Use policies.
2. Your Obligations.
Your use of the Service must comply with these Terms of Use, our Universal Terms of Use, Anti-
Spam and Acceptable Use policies, and any applicable purchase order. You may use the service in
connection with your own internal purposes and business operations and not as a service for any third
party.
You are responsible for all User Content, including without limitation, its accuracy and truthfulness and
for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any
third party. This applies for content created by us on your behalf at your direction which you have
reviewed and approved.
If you require help desk support from us, you contact us at support@colocrossing.com.
3. Termination
After cancellation or termination, you shall process all unsubscribe requests within 10 days of your last
email campaign. Upon request, ColoCrossing will provide the list of unsubscribe requests from your
account.
Upon termination ColoCrossing may delete any User Content or other such information that may be
archived. ColoCrossing shall not be required to return any User Content to you upon termination.
4. Warranty
You acknowledge and agree that not all email messages sent through use of the service may be received
by their intended recipients and that not all of the recipients’ actions may be reported. You
acknowledge that ColoCrossing does not warrant uninterrupted or error free Service and that
ColoCrossing does not warrant the content, availability, accuracy or any other aspect of any information
including, without limitation, the accuracy of spelling or grammar, all data, files, the User Content and all
other information or content in any form or of any type, accessible or made available to or by you or its
end users through the use of the Service. ColoCrossing shall be permitted from time to time to interrupt
the Services in order to provide maintenance to the Service.
Mobile Web Services Terms of Use
ColoCrossing’s Universal Terms of Use and any applicable purchase orders are incorporated herein by
reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in
the Universal Terms of Use and purchase order, if any.
1. License Grant
We hereby grant to you, during the term or your subscription, a non-transferable, non-exclusive, non-
sublicensable worldwide license and right to use the mobile web services and related materials solely in
connection with the services as provided. You are solely responsible for the content you transmit and
display via your application, except for any third-party advertising that may be specified in your service
package. We reserve the right to change or modify the service at any time.
2. License Restrictions
These license rights are subject to the following restrictions:
1. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource,
disclose or otherwise commercially exploit or make the services or the related materials
available to any third party;
2. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse
engineer any part of the services or related materials or access or use services or related
materials in order to build a similar or competitive product or service;
3. Except as expressly stated herein, no part of the services or related materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means, including but not limited to electronic, mechanical, photocopying, recording,
or other means;
4. You shall not disclose any review of the services, including but not limited to the results of any
performance tests, to any third party without our prior written approval;
5. You shall not use or access the services to build or support, and/or assist a third party in building
or supporting, products or services competitive to the services;
6. You agree to make every reasonable effort to prevent unauthorized third parties from accessing
the services;
7. You acknowledge and agree that the we or our licensors own all right, title and interest in and to
all intellectual property rights (including all derivatives or improvements thereof) in the services
and related materials and any suggestions, enhancement requests, feedback, recommendations
or other information provided by you or any other party relating to the same.
3. Third-Party Transactions
Links to third-party providers are provided only as a convenience, and the inclusion of any link does not
imply endorsement by us of the linked website. We shall have no liability as a consequence of any third-
party transaction.
4. Warranty Disclaimer
YOU ACKNOWLEDGE THAT ColoCrossing DOES NOT CONTROL THE TRANSFER OF DATA OVER
COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE ColoCrossing’S MOBILE WEB
SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF
SUCH COMMUNICATIONS FACILITIES. ColoCrossing IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
5. Term and Termination
The term of the Services set forth in the Service Package hereunder shall commence upon the effective
date set forth in the Service Package and shall continue for the period of time set forth in such Service
Package (the "Subscription Term"). Except as otherwise provided in a Service Package issued by us, the
Services may be renewed under our then-current applicable policies and terms, subject to our
acceptance and your payment of fees for such Services.
Termination for Default. In the event of your material breach of this Agreement, we reserve the right to
terminate the applicable Service Package. We may immediately suspend your account, and access to or
use of the Services during such cure period if (i) you fail to make payment due to us under the
Agreement and do not cure such non-payment within ten (10) business days after we have provided you
with notice of such failure, or (ii) you violate any provision of this User Agreement.
Any suspension by us of the Services under the preceding sentence shall not excuse you from your
obligation to make payment under the Agreement. Upon any termination of the Service Package, your
right to access and use the Services (including our Mobile Web Services Materials) shall terminate. If we
terminate the Services due to your default, you must pay within thirty (30) days all amounts which have
accrued prior to such termination, as well as all sums remaining unpaid for services received plus related
taxes and expenses.
6. Unlimited Acceptable Use Policy
1. Shared Hosting Terms
2. Email Marketing Terms
3. Unlimited Acceptable Use Policy: The use of Unlimited Disk Space Services and Unlimited
Bandwidth/Unlimited Data Transfer Services are subject to the following conditions:
Unlimited Disk Space Services: ColoCrossing reserves the right to review and monitor the amount of
disk space used by any user or website and, where the amount of disk space consumed impacts upon, or
limits space available to other users or websites receiving services from ColoCrossing, ColoCrossing may
restrict the use of space by such users or website(s) or terminate the provision of services to such
user. Please note, however, that the ColoCrossing service is designed to host websites. ColoCrossing
does NOT provide unlimited space for online storage, backups, or archiving of electronic files,
documents, log files, etc., that do not directly relate to the published website and any such prohibited
use of the services may result in the termination of user's account, with or without notice.
Unlimited Bandwidth/Data Transfer Services: ColoCrossing reserves the right to review and monitor
the amount of Bandwidth/Data Transfer used by any user or website and, where the amount of
Bandwidth/Data Transfer consumed impacts upon, or limits Bandwidth/Data Transfer available to other
users or websites receiving services from ColoCrossing, ColoCrossing may restrict the use of
Bandwidth/Data Transfer by such users or website(s) or terminate the provision of services to such
user. No user or website shall be permitted to use excessive use of Resources. “Resources” means
bandwidth, memory, and/or processor utilization available through the services offered by ColoCrossing
or its suppliers. ColoCrossing reserves the right, in its sole discretion, to determine if user or website is
excessively using Resources. ColoCrossing may restrict the use of Resources by such users or website(s)
or terminate the provision of services to such user.
Additional Prohibited Activities: included but not limited to, file storage, data warehousing, back-up
data storage, services or software related to Internet relay chat ("IRC"), peer to peer file sharing ("P2P"),
bit torrent, game servers, proxy server network, or interactive chat, membership or community sites for
file sharing, video sharing or photo sharing applications are not permitted (“Prohibited Activities”), and
ColoCrossing may terminate the provision of services to any user that engages in Prohibited Activities.
Domain Name Renewal & Redemption Policy
Purpose, Acceptance of Terms.
This Domain Name Renewal and Redemption Policy applies to users of ColoCrossing’s domain name
registration Services. ColoCrossing’s Universal Terms of Use, Domain Name Service Agreement, and any
applicable purchase order terms are incorporated herein by reference. Unless otherwise stated,
capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Domain
Name Service Agreement and purchase order, if any.
2. Auto-Renewal Policy.
Registration Service Provider provides an auto-renewal option for each registered domain name. Each
domain name owner can control the auto-renewal option for their domain(s) within the control panel.
The auto-renewal service has two options:
Auto-Renew ON: The domain name(s) will be automatically renewed by the Registrar on the expiry
date; the auto-renewal term is set to 1 year when enabled and can be viewed or changed in your
ColoCrossing.com Control Panel. Your domain(s) will be renewed using your current method of
payment. Renewal payment is taken 30 days prior to the expiry of the domain, to ensure ample time for
successful payment. You are responsible for ensuring that renewal fees are processed on time.
Auto-Renew OFF: The domain name(s) will not be automatically renewed. The domain name owner
must explicitly request the renewal of his/her domain name(s) prior to the expiration date.
Please note that auto-renew must be turned on more than 1 day prior to the renewal date in order to
take effect.
Registration Service Provider will send email notifications to you for expiring domains regardless of the
auto-renewal option status:
Auto-Renew ON: Reminders will be sent at 45, 30, and 5 days prior to your domain’s expiration date
and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the
email address provided as the Registered Name Holder point of contact in your Registration Service
Provider account, and will contain the domain name and expiration date.
Auto-Renew OFF: Renewal notices are sent 45, 30, 15, and 5 days prior to the domain’s expiration date,
and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the
Registered Name Holder email address provided as the point of contact in your Registration Service
Provider account, and will contain the domain name and expiration date, as well as renewal instructions.
3. Expired Domains Deletion Policy.
For the first 30 days after your domain name’s expiration date the domain is considered to be in a
“Renewal Grace Period” status. During this time the WHOIS information will be masked and will not
display the original Registrant’s information unless the domain is renewed. During the Renewal Grace
Period, the domain can only be renewed by the original owner. The cost for renewal during the Renewal
Grace Period is the same as for a standard domain renewal. During the Renewal Grace Period the
Registrar will change the nameservers to ns1.renewyourname.aplus.net and
ns2.renewyourname.aplus.net to indicate that your domain name has expired with instructions for
renewing your domain name. If your domain name is currently expired, you may log into your domain
name control panel and renew your domain name or you may contact one of our Domain Services
Representatives to assist you. Domain Services Representatives can be reached from 9:00 am to 9:00
pm EST 7 days a week at 1-800-518-9716.
If you do not renew your domain name during the Renewal Grace Period your domain name will be
made available to other parties for purchase. During the Renewal Grace Period, ColoCrossing may direct
your domain name to an IP address designated by us, including, without limitation, to an IP address
which hosts a parking, under construction, or other page that may include promotions and
advertisements for, and links to, any of ColoCrossing’s Websites or third-party Websites including
Internet search engines. After the Renewal Grace Period ends, you may contact one of our Domain
Services Representatives, from 9:00 am to 9:00 pm EST 7 days a week at 1-800-518-9716 to inquire
about repurchasing the expired domain name.
If the domain status changes to redemption status, the original domain owner has the option to renew
the domain for a redemption fee plus the cost of the domain renewal. If your domain name is currently
in redemption status, we ask that you contact one of our Domain Services Representatives immediately
at support@colocrossing.com to help you renew the domain. Domain Services can be reached from
9:00 am to 9:00 pm Eastern seven days a week at 1-800-518-9716
4. Pending Delete Status.
Following the Renewal Grace Period the Registry places the expired domain into “Pending Delete
Status” for approximately five (5) days. During the Pending Delete Status your expired domain name
cannot be retrieved by the Registration Service Provider and redeemed. Following the Pending Delete
Status period, your expired domain is then released from the Registry and made available to the general
public for registration.
For more information about ColoCrossing’s domain name registration Service, please reference
your Domain Name Service Agreement.
Domain Name Service Agreement
This Domain Name Service Agreement, together with all other documents and policies referenced
herein, is a legal agreement ("Agreement") between Hostopia Canada, Corp., a subsidiary of Hostpapa,
Inc. and the customer purchasing domain name registration services), together with any company or
other business entity you are representing, if any.
ColoCrossing’s general Terms of Use and Privacy Policy, available at https://www.colocrossing.com, and
the documents and policies referred to herein are incorporated by reference into and made a part of
this Agreement, unless they are expressly modified below. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, YOU CANNOT PURCHASE OR USE THE SERVICE.
The Service is offered to you conditioned upon your acceptance without modification of this Agreement.
ColoCrossing may update or change, augment or enhance this Agreement or the Service without notice
to you. By signing up for the Service and accepting this Agreement you agree to be bound by these
modifications. If you do not agree to the changes your sole and exclusive remedy is to cancel your
subscription to the Service.
The Service
Registration Service Provider will submit the domain name(s) selected by you to the Registry Operator,
via the Registrar, for recording into the Registry database for top level domains. You represent and
warrant that neither the domain name registration nor the use of your domain name registration will
directly or indirectly infringe upon the rights of any third parties.
You will be allowed to select the name servers to serve your domain name. Default name servers will be
available for you if you do not have name servers available.
The Registration Service Provider will collect, record and keep data about your identity. Registration
Service Provider will allow you to access and update your records. Registration Service Provider will
generate, record and keep additional information pertaining to the domain registration such as
activation date, transfers, modifications, etc. Registration Service Provider will provide some or all of this
data to the public as a public service at its sole discretion and as required by Registrar, ICANN and
applicable laws. You agree that domain name registrations are not guaranteed and they are offered on a
first-come, first-served availability basis.
The Fee
You agree to pay a fee for the Service in accordance with Registration Service Provider’s fee schedule
published at its web site (the site you used to sign up for the Services). You agree to pay such fees for
the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior
to the registration or renewal date. All fees are non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled or transferred prior to the end of the registration term. The
requested domain name will not be registered unless Registration Service Provider receives actual
payment of the registration fee.
Charge-Backs
You agree that you will lose all rights upon the selected domain name in case of a charge back by your
credit card company, credit card fraud or any other reversed payment. Registration Service Provider will
decide at its sole discretion whether to hold the name in its own portfolio or to release it for use by
others. Registration Service Provider will reinstate such names at its sole discretion and subject to
reinstatement fee of $300, in addition to all other fees.
Term
The effective Start Date of this Agreement commences once you complete the sign-up registration
process for the Service. You may terminate the Service with advance notice in writing only to
Registration Service Provider’s billing department by mail to our corporate address or by contacting us
here. You understand that there will be no reimbursement and no pro rate if you decide to terminate
the services before the end of a prepaid term, regardless of the reason for the termination. Registration
Service Provider reserves the right to suspend, cancel, transfer or modify your domain name in the
following cases (a) you materially breach this Agreement (including the Dispute Policy) and do not cure
such breach within 30 days of notice by us, (b) grounds arise for such suspension, cancellation, transfer
or other modification as provided for in this Agreement, (c) you use your domain name in violation of
our Acceptable Use Policy and Anti-Spam Policy or in connection with unlawful activity, at our
discretion, or (d) you use the domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary acceptable usage policies of the
Internet.
Revocation
You acknowledge and agree that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by our Registrar, other Registrar or Registry Operator
procedures approved by an ICANN-adopted policy, or by any other TLD Registry Operator procedures as
the case may be, (a) to correct mistakes by Registration Service Provider, Registrar, other Registrar or
the Registry Operator in administering the name or (b) for the resolution of disputes concerning the
domain.
You also agree that Registration Service Provider shall have the right in its sole discretion to suspend,
cancel, transfer or otherwise modify a domain name registration at any time, or at such time as
Registration Service Provider receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the
domain name registration.
Renewals, Redemptions, Transfers
The renewal and redemption of the domain name provided to you as part of the Service is governed by
our Domain Name Renewal and Redemption Policy. You agree that it is your sole responsibility to watch
the expiration terms and pay your renewal fees on time. Although Registration Service Provider may
notify you of renewal fees, it does not have a duty to do so. Failure to pay the renewal fee will result in
domain name suspension and release of the domain name for use by others. Credit card accounts will
be automatically renewed unless notified prior to expiration date of service.
You understand that you will be prohibited from changing Registrars during the first 60 days after initial
registration, during the first 60 days after renewal of the domain name with Registration Service
Provider, and during the last 60 days before renewal of the domain name with Registration Service
Provider.
You understand that enabling the “Domain Lock” option for a domain in your Domain Manager
Application will apply the “Client Transfer Prohibited” status to that domain name, and that the domain
cannot be transferred to another registrar while this status is in effect. This “Domain Lock” can also be
removed via the Domain Manager Application
You acknowledge that the ICANN Transfer Policy governs transfer of domains between registrars and
between registrants, and updates to domain registrant (ownership) contact information including name,
organization, email address, mailing address and phone number may be considered a transfer of
ownership of the domain. You accept that in the event that the registrant (owner) of a domain is
updated the domain ownership transfer will be approved by Aplus.net, or our designee, as Designated
Agent, and once the ownership transfer is completed the domain will be locked for 60 days during which
time it cannot be transferred to another Registrar.
Registry Operator Role and Indemnification
You understand and agree that neither the Registration Service Provider nor the Registrar has control
over the Registry or the Registry Operator. You agree and acknowledge that Registration Service
Provider and Registrar are not liable or responsible in any way for any errors, omissions or any other
actions by the Registry Operator arising out of or related to your application and receipt of, or failure to
receive, a domain name registration.
What is Data Submission and Updates?
You agree to provide to Registration Service Provider all the data necessary for domain name
registration. Registration Service Provider determines the nature of such data at its sole discretion with
consideration of rules and procedures set forth by ICANN, Registrar, other Registrars and the Registry
Operator. You agree to update all such data within seven (7) days of any change and to submit
additional information, if needed. This can be done by following the support link at Registration Service
Provider’s home page or by contacting us here .
You acknowledge that you may be asked to submit a third party's personal data. In such event you agree
to secure the consent of such third party to have his/her (the third party's) personal data submitted and
used, as allowed by this agreement. You acknowledge that willfully failing to provide or update
information promptly will constitute a material breach of this agreement and will be a sufficient basis
for cancellation of your domain name registration.
You acknowledge that if you intend to license the use of a domain name to a third party you are
nonetheless the Registered Name Holder of record and are responsible for providing your own full
contact information and for providing and updating accurate administrative, billing and technical
contact information adequate to facilitate timely resolution of any problems that arise in connection
with the Registered Name. A Registered Name Holder licensing use of a Registered Name accepts
liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact
information provided by the licensee and the identity of the licensee within seven (7) days to a party
providing the Registered Name Holder reasonable evidence of actionable harm.
You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Registration
Service Provider concerning the accuracy of contact details associated with your domain name
registration shall constitute a material breach of this agreement and will be sufficient basis for
cancellation of your domain name registration.
Registration Service Provider will own all data collected during the registration process and reserves the
right to use this data in its sole discretion in accordance with other Registrar, Registry, Registry Operator
and ICANN requirements as well as applicable law. You are hereby advised that some or all of such data
may be made available to the public. You agree and acknowledge that Registration Service Provider
owns all database, compilation, collective and similar rights, title and interests worldwide in Registration
Service Provider’s domain name database and all information and derivative works generated from its
domain name database. Registration Service Provider will take reasonable precautions to protect your
domain name registration data from loss, misuse or disclosure.
Notices
Registration Service Provider will contact you via the email address provided as the primary point of
contact in the application form you used to sign up for the Service and which is contained in your control
panel. You agree to monitor such contact email and to forward it to appropriate personnel and/or
departments within your organization, as applicable. You agree to ensure that all contact information on
file with us is kept current.
Customer Support and Escalations
ColoCrossing can be contacted at support@colocrossing.com for all Domain Services questions and
contact us here for all Billing questions. We can also be reached by phone at 1-800-518-9716 In the
event that you need to submit a complaint or concern, please contact us via the Billing or Domain
Services email address above and your message will be escalated to the appropriate personnel.
Domain Disputes
You agree to be bound by Registration Service Provider and ICANN’s "Uniform Domain Name Dispute
Resolution Policy" You agree that you will be subject to the provisions specified in the Dispute Policy in
effect at the time the applicable domain name registration is the subject of a dispute. You also agree
that in the event of any such dispute, you will indemnify and hold Hostopia Canada, other Registrars,
Registry and Registry Operator harmless pursuant to this Agreement and the terms and conditions
contained in the dispute policy.
Transfer Disputes
You agree to be bound by ICANN’s "Registrar Transfer Dispute Resolution Policy" (Dispute Policy), which
is hereby incorporated into and made a part of this Agreement. You agree that you will be subject to the
provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed
by a third party. You also agree that, in the event that a domain name dispute arises with any third
party, you will indemnify and hold Registrar, Registration Service Provider, Registry and Registry
Operator harmless pursuant to the terms and conditions contained in the Dispute Policy.
WhoIs Verification
In accordance with ICANN’s WhoIs Accuracy Program Specification, Registration Service Provider verifies
WhoIs information by sending an email to the Registrant (owner) contact listed on the WhoIs record
when a new domain is registered; a domain is transferred in to Registration Service Provider; the
Registrant information is updated; or we become aware of inaccurate WhoIs information. If the WhoIs
verification is not completed within 15 days, the domain will be suspended and all related services will
be interrupted until verification is complete. The expiry date of a suspended domain is not altered, and
no refunds will be made for interruptions related to incomplete WhoIs verification. Previously verified
contact information sets do not need to be re-verified. For more information visit
http://verifymywhois.com or contact our Domain Services team at 1-800-518-9716
support@colocrossing.com.
Indemnification
You agree to indemnify and defend by counsel reasonably accepted by Registration Service Provider,
Registrar or corresponding Registry Operator, protect and hold harmless the Registration Service
Provider, Registrar and the corresponding Registry Operator and their directors, officers, employees,
and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including
reasonable consultants' and attorneys' fees and court costs, demands, causes of action, or judgments
directly or indirectly arising out of or related to your use of the domain name registration services
provided by Registration Service Provider to you.
Limitation of Liability
Registration Service Provider will not be liable for any special, consequential, incidental or exemplary
damages arising out of or in any way connected with this Agreement or the domain name registration
Service, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy,
damages to third parties, even if Registration Service Provider has been advised of the possibility of such
damages. The foregoing limitation of liability will apply whether any claims are based upon principles of
contracts, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or
contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
Registration Service Provider’s maximum aggregate liability shall not exceed the total amount paid by
you for the Services for the previous six months from the incident giving rise to any such claim, or
$500.00, whichever is less. In states where the limitation or exclusion of liability or incidental or
consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such
cases ColoCrossing’s liability will be limited to the fullest extent permitted by applicable law.
Miscellaneous
This Agreement constitutes the entire understanding and contract between the parties and supersedes
any and all prior and contemporaneous, oral or written representations, communications,
understandings and agreements between the parties with respect to the subject matter hereof, all of
which representations, communications, understandings and agreements are hereby canceled to the
extent they are not specifically merged herein. The parties acknowledge and agree that neither of the
parties is entering into this Agreement on the basis of any representations or promises not expressly
contained herein.
This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as
well as the contracts Registration Service Provider has with Registrar, ICANN and the Registry Operator.
You will be notified of such modifications if they are material to this Agreement or the Service. Your
continued use of the Service after such notification will constitute your acceptance of these
modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel
your subscription to the Service and to have your domain name registration transferred to a different
domain name registrar.
This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws
of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or
proceeding relating to this agreement or the provision of the Service shall be brought in the state or
federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is
proper in those courts in any such legal action or proceeding.
Definitions
Definitions
Accredit means to identify and set minimum standards for the performance of registrations functions, to
recognize persons or entities meeting those standards, and to enter into an accreditation agreement
with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services.
Abacus America, Inc. is an ICANN accredited Registrar for defined TLDs.
Data Escrow services are required by ICANN. Registrar uses Iron Mountain for its WhoIs data escrow
service. You hereby consent to the required data processing and escrow requirements set forth by
ICANN and from any third-parties for data or information provided and/or stored.
DNS refers to the Internet domain-name system.
ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a non-profit, non-
government organization recognized by the US Government and the Internet Industry as a regulatory
body for the system of TLDs.
Registered Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or
more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in
providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or
derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even
though it does not appear in a zone file (e.g., a registered but inactive name).
Registered Name Holder means the holder of a Registered Name.
Registrar refers to Hostopia Canada, which is an ICANN accredited Registrar. Tucows Inc. agreements are
incorporated by reference into this agreement where applicable and can be found at
http://opensrs.com/site/resources/agreements. Web.com agreements are incorporated by reference
into this agreement where applicable and can be found at https://legal.web.com.
Registration Service Provider means services provided by Hostopia Canada who is the parent company
and contracts with Registrar to provide domain name registration services.
Registrar Services means services provided by a Registrar in connection with a TLD as to which it has an
agreement with the TLD's Registry Operator, and includes contracting with Registered Name Holders,
collecting registration data about the Registered Name Holders, and submitting registration information
for entry in the Registry Database.
Registry means the electronic directory where all TLDs are held. The Registry administrator (RA)
maintains the Registry.
Registry Data means all Registry Database data maintained in electronic form, and shall include TLD
Zone-File Data, all data used to provide Registry Services and submitted by Registrars in electronic form,
and all other data used to provide Registry Services concerning particular domain name registrations or
nameservers maintained in electronic form in a Registry Database.
Registry Operator is the person or entity then responsible, in accordance with an agreement between
ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is
terminated or expires, in accordance with an agreement between the US Government and that person
or entity (those persons or entities), for providing Registry Services for a specific TLD.
Registry Services with respect to a particular TLD, shall have the meaning defined in the agreement
between ICANN and the Registry Operator for that TLD.
TLD is a top-level domain of the DNS. ccTLD is a country code Top-Level Domain owned by a specific
country which may be administered by a third party. Registry Operator Registration Service Provider, via
Registrar, registers the following TLDs:.com, .net, .org, .biz, .info, , mobi, .bz, .tv, .us, .cc and .ws
domains. ColoCrossing is an authorized Reseller to Tucows Inc. for the following TLDs: CA, CO, ADULT,
BEST, BLACK, BLUE, BUZZ, CEO. CLUB, CRICKET, GLOBAL, GREEN, IRISH, JETZT, KIM, LTDA, MOE, NYC,
ONL, POKER, PORN, SCIENCE, TRADE, UNO, VOTE, VOTO, WEBCAM, YOGA. ColoCrossing is an authorized
Reseller to web.com for the following TLDs: ACADEMY, ACCOUNTANTS, ACTOR, AGENCY, AIRFORCE,
APARTMENTS, ARCHI, ARMY, ASSOCIATES, ATTORNEY, AUCTION, AUDIO, BAND, BAR, BARGAINS,
BAYERN, BEER, BERLIN, BID, BIKE, BINGO, BIO, BLACKFRIDAY, BOUTIQUE, BUILD, BUILDERS, BUSINESS,
BZH, CAB, CAFE, CAMERA, CAMP, CAPITAL, CARDS, CARE, CAREERS, CASA, CASH, CASINO, CATERING,
CENTER, CHAT, CHEAP, CHRISTMAS, CHURCH, CITY, CLAIMS, CLEANING, CLICK, CLINIC, CLOTHING,
COACH, Codes, COFFEE, COLOGNE, COMMUNITY, COMPANY, COMPUTER, CONDOS, CONSTRUCTION,
CONSULTING, CONTRACTORS, COOKING, COOL, COUNTRY, CREDIT, CREDITCARD, CRUISES, CYMRU,
DANCE, DATING, DEALS, DEGREE, DELIVERY, DEMOCRAT, DENTAL, DENTIST, DESI, DESIGN, DIAMONDS,
DIET, DIGITAL, DIRECT, DISCOUNT, DOMAINS, EDUCATION, EMAIL, ENERGY, ENGINEER, ENGINEERING,
ENTERPRISES, EQUIPMENT, ESTATE, EUS , EVENTS, EXCHANGE, EXPERT, EXPOSED, EXPRESS, FAIL, Farm,
FASHION, FINANCE, FINANCIAL, FISH, FISHING, FIT, FITNESS, FLIGHTS, FLORIST, FLOWERS, FOOTBALL,
FORSALE, FOUNDATION, FUND, FURNITURE, FUTBOL, GAL , GALLERY, GARDEN, GIFT, GIFTS, GIVES ,
GLASS, GOLD, GOLF, GRATIS, GRIPE, GUIDE, GUITARS, GURU, HAMBURG, HAUS, HEALTHCARE, HELP,
HIPHOP, HOLDINGS, HOLIDAY, HORSE, HOST, HOSTING, HOUSE, HOW, IMMO, IMMOBILIEN,
INDUSTRIES, INK, INSTITUTE, INSURE, INTERNATIONAL, INVESTMENTS, JUEGOS, KAUFEN, KITCHEN, KIWI,
KOELN, LAND, LAWYER, LEASE, LEGAL, LGBT, LIFE, LIGHTING, LIMITED, LIMO, LINK, LOANS, LONDON,
LUXURY, MAISON, MANAGEMENT, MARKET, MARKETING, MARKETS, MEDIA, MELBOURNE, MEMORIAL,
MENU, MODA, MONEY, MORTGAGE, NAGOYA, NAVY, NETWORK, NEWS, NINJA, OKINAWA, PARIS,
PARTNERS, PARTS, PARTY, PHOTO, PHOTOGRAPHY, PHOTOS, PICS, PICTURES, PIZZA, PLACE, PLUMBING,
PLUS, PRESS, PRODUCTIONS, PROPERTIES, PROPERTY, PUB, QUEBEC, RECIPES, REHAB , REISEN,
RENTALS, REPAIR, REPORT, REPUBLICAN, REST, RESTAURANT, REVIEWS, RIP, ROCKS, RODEO, RUHR,
RYUKYU, SALE, SARL, SCHOOL, SCHULE, SCOT, SERVICES, SEXY, SHOES, SINGLES, SOCIAL, SOFTWARE,
SOLAR, SOLUTIONS, SOY, SPACE, STYLE, SUCKS, SUPPLIES, SUPPLY, SUPPORT, SURF, SURGERY, SYDNEY,
SYSTEMS, TATTOO, TAX, TECHNOLOGY, TENNIS, TIENDA, TIPS, TIRES, TODAY, TOKYO, TOOLS, TOP,
TOURS, TOWN, TOYS, TRAINING, UNIVERSITY, VACATIONS, VENTURES, VET, Viajes, VIDEO, VILLAS,
VISION, VODKA, VOTING, VOYAGE, WALES, WANG, WATCH, WEBSITE, WEDDING, WORK, WORKS,
WORLD, WTF, XYZ, YOKOHAMA, ZONE.
Uniform Domain Name Dispute Resolution Policy (UDRP)
ColoCrossing’s Universal Terms of Use, Domain Name Service Agreement and any applicable purchase
order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used
herein have the meaning ascribed to them in the Universal Terms of Use, Domain Name Service
Agreement and purchase order, if any.
(As Approved by ICANN on October 24, 1999)
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by
the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into
your Registration Agreement, and sets forth the terms and conditions in connection with a dispute
between you and any party other than us (the registrar) over the registration and use of an Internet
domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"),
which are available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en, and the
selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that (a) the statements that you
made in your Registration Agreement are complete and accurate; (b) to your knowledge, the
registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use
the domain name in violation of any applicable laws or regulations. It is your responsibility to determine
whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy or a later version of
this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance
with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory
administrative proceeding. These proceedings will be conducted before one of the administrative-
dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-
providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the
event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the
Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the
complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are
present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily
for the purpose of selling, renting, or otherwise transferring the domain name registration to the
complainant who is the owner of the trademark or service mark or to a competitor of that complainant,
for valuable consideration in excess of your documented out-of-pocket costs directly related to the
domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service
mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a
pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a
competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain,
Internet users to your web site or other on-line location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or
location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to
a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure
in determining how your response should be prepared. Any of the following circumstances, in particular
but without limitation, if found by the Panel to be proved based on its evaluation of all evidence
presented, shall demonstrate your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain
name or a name corresponding to the domain name in connection with a bona fide offering of goods or
services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain
name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved
by ICANN by submitting the complaint to that Provider. The selected Provider will administer the
proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of
Procedure state the process for initiating and conducting a proceeding and for appointing the panel that
will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a single Administrative Panel. This petition
shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by this Policy or a later version of this Policy
adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the
Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer
of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative
Panel with respect to a domain name you have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative Panel determines in an exceptional
case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth
in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain
name registration should be canceled or transferred, we will wait ten (10) business days (as observed in
the location of our principal office) after we are informed by the applicable Provider of the
Administrative Panel's decision before implementing that decision. We will then implement the decision
unless we have received from you during that ten (10) business day period official documentation (such
as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit
against the complainant in a jurisdiction to which the complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal
office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of
Procedure for details.) If we receive such documentation within the ten (10) business day period, we will
not implement the Administrative Panel's decision, and we will take no further action, until we receive
(i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that
your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your
lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us
regarding your domain name registration that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party
through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any
party other than us regarding the registration and use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any
other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change
the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration
to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for
a period of fifteen (15) business days (as observed in the location of our principal place of business) after
such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain name registration is being
transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the
right to cancel any transfer of a domain name registration to another holder that is made in violation of
this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during
a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our principal place of business) after such proceeding is
concluded. You may transfer administration of your domain name registration to another registrar
during a pending court action or arbitration, provided that the domain name you have registered with
us shall continue to be subject to the proceedings commenced against you in accordance with the terms
of this Policy. In the event that you transfer a domain name registration to us during the pendency of a
court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the
registrar from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission
of ICANN. We will post our revised Policy at https://www.colocrossing.com at least thirty (30) calendar
days before it becomes effective. Unless this Policy has already been invoked by the submission of a
complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will
apply to you until the dispute is over, all such changes will be binding upon you with respect to any
domain name registration dispute, whether the dispute arose before, on or after the effective date of
our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your
domain name registration with us, provided that you will not be entitled to a refund of any fees you paid
to us. The revised Policy will apply to you until you cancel your domain name registration
WHOIS Privacy Service Terms of Use
1. Purpose, Acceptance of Terms
ColoCrossing's Universal Terms of Use, Domain Name Service Agreement and any applicable purchase
order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used
herein have the meaning ascribed to them in the Universal Terms of Use, Domain Name Service
Agreement and purchase order, if any.
2. Display of Public Information; WhoIs Registry
When you select the WHOIS Privacy Service option for a domain name registered through us, the public
("WHOIS") contact and ownership information for each domain, i.e. registrant, technical, billing and
administrative contact fields, will be displayed as follows:
Registration Private; SyncSuite, LLC
110 East Broward Boulevard, Suite 1650
Fort Lauderdale, FL 33301
United States
Phone: 1-877-977-8577
domainname@domainlistingagent.com
3. Domain Name Ownership
You will retain all ownership rights in your domain name, including the ability to sell, transfer or renew
each domain and to manage your domain name servers.
4. Your Contact Information
You agree to maintain true, accurate and up-to-date contact information on your Registrar account. We
will use this information to forward to you correspondence that we receive regarding your domain
name. Email correspondence is automatically forwarded to the point of contact listed on your Registrar
account. Postal mail will not be forwarded.
5. Use of the Service
You may elect to use the WHOIS Privacy Service for domains you have registered with us and for
domains you have transferred to us (once your domain registration is complete). For domains to be
transferred to or from us, you must first disable the current WHOIS Privacy Service before initiating the
transfer.
6. Service Fees
We will charge you the applicable Service fees according to our published fee schedule at
https://www.colocrossing.com. Fees are non-refundable even if your WHOIS Privacy Service is
terminated early. We may modify the pricing for the WHOIS Privacy Service at any time.
7. Right to Disable or Suspend Privacy Service
WHOIS Privacy Service provider SyncSuite LLC reserves the right, in its sole discretion and without
liability to you or any third party, to disable, suspend, or terminate your WHOIS Privacy Service and to
reveal your identity in certain circumstances, including:
• To comply with applicable laws or regulations
• To determine whether an alleged breach of law or regulation has occurred
• In response to valid legal service of process
• In response to notice of a claim or complaint including UDRP
• To avoid legal liability and/or financial loss to us
• If, in our reasonable discretion, you use the WHOIS Privacy Service to conceal your involvement
with illegal, illicit, objectionable or harmful activities
• If you transmit any kind of spam, viruses, worms or other harmful computer programs
8. Abuse/Infringement Point of Contact
To report abuse of a domain name registration, or infringement of trademarks or other third-party
rights, please contact support@colocrossing.com.
9. Our Contact Information
We can be contacted using the following information:
Address:
ColoCrossing
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Phone: ColoCrossing
Customer Service Hours: 9am - 9pm, EST
Technical Support: Available 24/7
Reviews Promoter
1. Acceptance of Terms.
Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and use of this
website (“Site”) and the products and services provided herein (“Products” and/or “Services”). These
TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Products or
Services you purchase or access through the Site, which terms and policies are incorporated herein by
reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.
As used herein, “ColoCrossing”, “we”, “us”, “our” or “ours” refers to HostPapa, Inc., and its affiliates.
“Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and
purchasing and using the Products or Services together with any company or other business entity you
are representing, if any.
We reserve the right to make changes to the Site, the Products or Services and these TOU at any time
without prior notice to you. You should therefore review these TOU each time you access this Site to
keep apprised of these changes.
If you do not agree to the changes implemented by ColoCrossing, your sole and exclusive remedy is to
terminate your relationship with us as a customer of the Products or Services. Unless explicitly stated
otherwise, any new features or products that change, augment or enhance ColoCrossing’s Products or
Services offerings will be subject to this Agreement.
ColoCrossing assumes no liability or responsibility for any inaccuracies, errors or omissions in any
Content. ColoCrossing also assumes no responsibility and shall not be liable for any damages to, or
viruses that may infect, your computer equipment or other property on account of your access to, use
of, or browsing on the Site or your downloading any materials, data text or images from the Site.
You agree to use this Site and our Products and Services in a responsible manner that is in compliance
with these TOU and your local laws and regulations, including export and import regulations. If you are
located in the European Union "EU" or are using the personal data of European Union data subjects in
connection with your use of our Products and Services, you agree to the terms of our Data Processing
Addendum and Privacy Policy.
By accessing, using and placing orders on the Site, using any of our Products or Services and/or
electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years
of age and/or are otherwise recognized as being able to form legally binding contracts under applicable
law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate
entity, you represent and warrant that you have the legal authority to similarly bind such corporate
entity. You also agree to be bound by our Privacy Policy and to any additional related policies,
guidelines, restrictions or rules that may be posted from time to time. All such additional posted
guidelines, restrictions, or rules are incorporated herein by reference.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-
proprietary, except as required by law and our Privacy Policy.
2. Reviews Promoter services
2.1 The Account
In order to transact a purchase you must first complete our registration process where you will provide
us with your billing and contact information (“Your Account”). You agree to provide and maintain
accurate, current and complete Your Account information about you, and any entity on whose behalf
you order Products or Services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all
activities that occur and orders that are placed under Your Account. You will immediately notify us of
any unauthorized use of Your Account or any other breach of security and ensure that you exit from
Your Account at the end of each session. We may suspend or terminate Your Account upon notice to
you in the event that we reasonably determine that Your Account has been involved in a violation of this
Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged
violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be
liable for the losses incurred by us or others due to any unauthorized use of Your Account. ColoCrossing
will not be liable for any loss or damage arising from your failure to comply with this section.
In the Account, the Customer will be able to view and access the services and features that are part of
the Reviews Promoter services provided to Customer as specified on by the Site or within purchase
agreement at time of sale. ColoCrossing may change and alter the services and features made available
to the Customer at any time, and without notice. ColoCrossing may offer the Customer additional
features, services, or promotions of various Reviews Promoter services. If the Customer uses the
additional features, services and/or promotions, such use will be governed by this Agreement, and the
Customer accepts to comply when using these features, services, and/or promotions.
2.2 Invitation service
The Account allows the Customer to use the review invitation service (the "Get 5 Star Reviews") as
specified on the Site. It sends an invitation to complete a survey to post a review of their service
experiences through a SMS text and/or email, with one or more notifications to the Customer's
customers (the "Consumer"). The invitation includes a SMS text and/or email and a direct link to the
survey webpage, where the Consumer can post a review of the Customer. The invitation is sent by the
Customer from within the customer’s Reviews Promoter dashboard so the Customer provides
ColoCrossing with the necessary contact information in accordance with section 3.3.
2.3 Reviews and Social Website Embed Codes
The Account allows the Customer to use the Reviews and Social Website Embed Codes. There are two
website embed codes, one for reviews and the other for social. The Reviews and Social Embed Codes are
JavaScript that may be implemented by the Customer onto their own domain(s). ColoCrossing reserves
the right to change the Reviews and Social Website Embed Codes at any time without any prior written
notice. It is solely the responsibility of the Customer to ensure that Reviews and Social Website Embed
Codes are implemented and maintained correctly on the Customer's domain(s).
2.4 Non-ColoCrossing Applications
Non-ColoCrossing applications can be web-based or mobile device applications that connects to the Site.
Non-ColoCrossing applications include applications that are developed by a third party. Applications that
are listed in app-stores, websites or similar marketplaces may be identified as ColoCrossing applications.
These non-ColoCrossing applications is available to the Customer by ColoCrossing or a third party.
The Customer’s use and any exchange of data on non-ColoCrossing applications, are solely between the
Customer and the non-ColoCrossing application provider. The Customer agrees that any data related to
the Customer’s use of such Non-ColoCrossing Application is the sole responsibility of the Customer. If
the Customer installs or enables non-ColoCrossing applications that connect with the ColoCrossing
Service, including the Review Invitation Services, the Customer accepts that ColoCrossing may allow the
non-ColoCrossing application provider to access the Customer's data on the Customer’s behalf, including
Consumer data and confidential information, as required for the connection and interoperation of the
non-ColoCrossing application with the ColoCrossing Service.
The Customer must provide the necessary data to create and send out review invitations to Consumers.
The data must be added into the application using the provided interface and must include name, email
address and/or phone number. The Customer warrants and represents that the Customer is entitled to
allow ColoCrossing to process this data as required (including having obtained all necessary consents
from Consumers) in order to deliver the review invitation service and that the use of data to deliver the
review invitation services shall not breach any applicable laws related to data privacy.
2.4.3 The Customer may be required to accept separate terms for the use of non-ColoCrossing
applications, and such terms will apply to the relationship between the Customer and the non-
ColoCrossing application provider regarding the use of the non-ColoCrossing application. It is the sole
responsibility of the Customer to ensure that such terms provide appropriate protection of and access
to the Customer's data, including Consumer data and confidential information.
2.4.4 The ColoCrossing Service may also contain features that are designed to connect or interoperate
with non-ColoCrossing applications. If the Customer wishes to enable such features, the Customer may
be required to grant ColoCrossing access to the Customer's account(s) on the non-ColoCrossing
applications, and the Customer warrants that ColoCrossing is lawfully entitled to access such
information on behalf of the Customer. If the non-ColoCrossing application provider ceases to make the
non-ColoCrossing application available to the Customer, ColoCrossing reserves the right to cease to
provide these features to the Customer without entitling the Customer to any refund or compensation.
2.4.5 Third Party Integrations and Services
The applications may contain links to or allow you to connect and use certain external third-party
products, services, or software, including certain social media networks and other integration partners.
You may be required to sign up or log into such third-party services on their respective websites or
applications. By enabling the applications to access such third-party services, you are permitting
ColoCrossing to pass on your login information to the third-party services and granting the third-party
services permission to access and process your data. You acknowledge that your use of such third-party
services is governed solely by the terms and conditions and privacy policy of such third-party services
(including, but not limited to, the Facebook Terms of Service located at
https://www.facebook.com/legal/terms and the Google My Business Terms of Service located
at https://policies.google.com/terms), and that ColoCrossing does not endorse, is not liable for, and
makes no representations as the third-party services, its content, or the manner in which such third-
party services uses, stores, or processes your data. We are not liable for any damage or loss arising from
or in connection with your enablement of such third-party services and your reliance on the policies,
privacy practices, and data security processes of such third-party services. We are not responsible or
liable for any changes to or deletion of your data by the third-party services. Certain features of our
Products may depend on the availability of these third-party services and the features and functionality
they make available to us. We do not control third-party services features and functionality, and they
may change without any notice to us. If any third-party services stops providing access to some or all of
the features or functionality currently or historically available to us, or stops providing access to such
features and functionality on reasonable terms, as determined by ColoCrossing in our sole discretion, we
may stop providing access to certain features and functionality of our Products. We will not be liable to
you for any refunds or any damage or loss arising from or in connection with any such change made by
the third-party services or any resulting change to our Products. You irrevocably waive any claim against
ColoCrossing with respect to such third-party services.
2.5 Review Insights
The Account has review and social insights, which provides certain analytics to Customer based on user
reviews and social content implemented through the application. The Customer agrees that reviews and
social insights are provided on an "as is" basis only and any information contained in reviews and social
insights are not an opinion or business advice from ColoCrossing. The Customer is solely responsible for
any business decisions it makes using reviews and social insights.
3. Customer conduct on the Reviews Promoter service
3.1 ColoCrossing is not responsible and assumes no liability for the Customers' and other third parties’
conduct on ColoCrossing’s websites, applications or the use of the ColoCrossing services, including any
review and social content published by the Customers and third parties ("User Content") including
content provided by CML Media Corp. The opinions expressed in the User Content do not represent the
opinions of ColoCrossing, its affiliates or any officers, directors, employees, contractors or shareholders
of ColoCrossing and its affiliates.
4. Site Pricing
ColoCrossing strives to keep our Site up to date; however, occasional fluctuation in market conditions
may change the price of Reviews Promoter. Our goal is to honor the pricing shown on the Site, however,
we reserve the right to change published prices of product offered on our Site at any time. If a published
Site price is incorrect on an item you have quoted or ordered, we will contact you immediately with the
most updated price or help you choose a different item that is within your budget.
5. Notice
We may provide communications and notices to you by means of a general notice on the Site or by
email to the address on record in Your Account or by written communication sent by first class mail or
prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48)
hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the
Site. You may withdraw your consent to receive electronic communications, however doing so may also
require that you discontinue your use of the Services.
You may provide notice to us by sending an e-mail to support@colocrossing.com or by sending a
written notice by first class mail or prepaid post to: Attention: Customer Service, 5063 North Service
Road Suite 102 Burlington, ON L7L 5H6 Canada. Such notice shall be deemed effective when received
by us.
6. Intellectual Property
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted
and may not be used except as provided herein without our prior written permission. Except as noted
otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other
copyrightable materials displayed on the Site and available for use with the Products or Services
constitute intellectual property owned by ColoCrossing or which ColoCrossing has the right to use on the
Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or
otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or
any other content on the Site is strictly prohibited. You acknowledge that Content is being provided
merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
7. Terms Applicable to Digital Content
Some of our Products may contain, and some of our Services may provide you with, images,
photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and
"online" or electronic documentation (together called the "Digital Content"). You may use, modify and
publish the Digital Content in accordance with these terms. The copyright and all other intellectual
property rights to the Digital Content shall remain with us or our licensors and you acknowledge that
Digital Content may be used by other ColoCrossing customers. If we notify you that certain components
of the Digital Content may no longer be used (for whatever reason), then such components cannot be
used as part of a website design or template layout, nor can they be used in any other larger work. If you
receive such notification, you agree to cease using and destroy all copies of those components of the
Digital Content identified by us in your possession or control.
8. Notice Specific to Documents Available on this Site
You are granted permission to use documents provided on the Site such as white papers, data sheets
and FAQs (“Documents”) provided that the content contained therein including any copyright notice is
not altered or removed. Use of such Documents is for informational and non-commercial or personal
use only and shall not be copied or posted on any network computer or broadcast in any media.
9. Materials Provided by You
In connection with your purchase of Reviews Promoter, you will have the ability to view, post, publish,
share, store or manage User Content via the Reviews Promoter application. All such comments and
postings are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or
remove any User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is
otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed.
ColoCrossing does not warrant that it backs-up User Content, and you agree to accept as a risk the loss
of any and all of your User Content. You agree to indemnify and hold ColoCrossing and its subsidiaries
and affiliates and its and their officers, directors, employees, partners and agents, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
our use of User Content.
10. Order Cancellation Terms and Conditions:
There is a 30-day 100% money back guarantee if the service is canceled within the first 30 days of the
start date. If the service is canceled after the 30-day grace period and does not meet the 3-month
commitment, a $99 early cancellation fee will be charged. After the 3-month commitment is fulfilled,
the services will be auto renewed on a month-to-month basis. When the product is canceled, the last
date of the billing cycle is the last date of service.
Trial Offers
Reviews Promoter can be offered on a free or limited trial basis. Unless otherwise stated, limit one free
or limited trial offer per person or entity during any one-year period. If you do not cancel your trial
subscription during the offer period, your service will be auto renewed on a month-to-month basis. We
will charge the credit card you provided during the registration process for the applicable monthly price.
11. Fees and Payments
You agree to pay any and all fees and payments due for the Reviews Promoter service purchased at this
Site and/or through a sales consultant at the time they are ordered. All fees and payments due are in
U.S. dollars unless otherwise specified and are non-refundable unless otherwise expressly noted, even if
your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for the Reviews Promoter service by providing a valid credit card
or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain
your account settings, including but not limited to ensuring that your credit card or ACH information is
current and valid. Failure to do so may result in the interruption or loss of Services. ColoCrossing will not
be liable to you or any third-party regarding Services loss or interruptions. You must notify us of any
billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or
bank account statement, otherwise you waive any right to dispute any such discrepancy.
You acknowledge that ColoCrossing may use the services of a third party to automatically update your
credit card expiration date. These recurring billing or account updating programs “Billing Programs” are
supported by your credit card provider (and are ultimately dependent on your bank’s participation). If
you are enrolled in an automatic renewal option and we are unable to successfully charge your existing
payment method, your credit card provider (or your bank) may notify us of updates to your credit card
number and/or expiration date, or they may automatically charge your new credit card on our behalf
without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed the Reviews
Promoter service provided or if we incur a chargeback for any fee we previously charged to your credit
card, you acknowledge that ColoCrossing may pursue all available lawful remedies in order to obtain
payment including, immediate cancellation without notice to you of any domain names or Services
registered or renewed on your behalf.
ColoCrossing reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades
(one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may
perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we
may incur in providing our Products and Services to you, and/or (iv) your noncompliance with this
Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit
card or other payment method you have on file with us.
Some of ColoCrossing’s Services offer an automatic renewal option that will automatically renew your
service for a renewal period equal in time to the original service period. For example, if your original
service period is for one year, your renewal period will be for one year. While the details of the
automatic renewal option vary from Service to Service, the Services that offer an automatic renewal
option treat it as the default setting. Therefore, unless you cancel prior to the automatic renewal,
ColoCrossing will automatically renew the applicable service when it comes up for renewal and will take
payment from the payment method you have on file with us. Renewal fees will be charged at
ColoCrossing’s then-current rates.
ColoCrossing expressly reserves the right to change or modify its prices and fees at any time, and such
changes or modifications will be posted online at this Site or otherwise communicated to you using the
information on file with us, and effective immediately without further notice to you. If you have
purchased Products or Services for a fixed time period, changes or modifications in prices and fees will
be effective when the Product or Service in question comes up for renewal. If you find any pricing
change unacceptable, you may cancel your Service subscription(s) and terminate your Customer
Account, however ColoCrossing will not be obligated to refund any remaining portion of your pre-paid
fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all
subsequent periods after the initial promotion period will be billed at the then stated list price for the
service.
Late Fees and Penalties. We reserve the right to charge late fees of 1% per month (18%, annually) or 6%
of the amount due plus $10 per month for amounts not timely paid, whichever is more. Customer will
be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred
by us in collecting such amounts.
12. Term and Termination
The term and termination provisions of this Agreement and any applicable Services terms of use vary
according to the Services selected by you when ordering and will be presented to you during the
Services selection and ordering process. ColoCrossing reserves the right in its sole discretion to
immediately terminate the Service for reasonable cause, including but limited to: (i) non-payment to us;
(ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this
Agreement or any Services terms of use; (iv) requests by law enforcement or other government
agencies; (v) our ceasing to offer the Service; (vi) our inability to verify or authenticate any information
you provide to us; or (vii) our conclusion, in our sole discretion, that your use of or access to the Service
may result in liability to us. In the event of default by you, any and all payments required to be made to
us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you
from any liability, including amounts owing, accrued prior to the time that such termination becomes
effective.
13. Sales are Final
One thing we’d like you to keep in mind is that all sales, unless otherwise noted, are final. ColoCrossing
puts special care into working on your job and will not be able to give a refund once we’ve begun
working.
Life is unpredictable, and some circumstances are beyond our control. We cannot be held responsible
for:
Spelling, punctuation or grammatical errors made during your customization process
Poor image quality or low-resolution of your uploaded files
Design or color selection errors you submitted during the file creation process
Errors in user-selected options like product type, size, finishing options or quantity
Incorrect dimensions, image orientation or file submission in accordance with our specifications
Color-match guarantee without a hard-copy proof approval
Delivery delays due to improperly prepared files
Duplicate orders by the customer
Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services
14. Disclaimer of Warranties
The Site and the Reviews Promoter service available via the Site are provided by use on an “AS IS” and
“AS AVAILABLE” basis. Therefore, you understand that your use of the Site and the Reviews Promoter
service is at your sole risk. To the fullest extent permissible pursuant to applicable law, ColoCrossing and
its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and
licensors expressly disclaim all warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular purpose and non-
infringement.
ColoCrossing and its subsidiaries and affiliates and its and their officers, directors, employees, agents,
partners and licensors do not warrant or make any representation regarding any content we provide
including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our
Products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or
stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely,
secure or error-free manner. ColoCrossing shall be permitted from time to time to interrupt any Service
in order to provide maintenance affecting that Service.
15. Limitation of Liability
ColoCrossing is not responsible or liable for the deletion, correction, destruction, damage, loss or failure
to store or maintain any of your Account data or your Content. ColoCrossing and its subsidiaries,
affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will
not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental,
consequential, punitive, reliance or exemplary damages, including without limitation losses or liability
resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii)
the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii) personal
injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our
servers including, without limitation, any User Content or data including personal and/or financial
information stored thereon; (v) any interruption or cessation of Services related to the Site or third party
sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third
party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other
applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the
Site or the Services made available through the Site or any act or omission by ColoCrossing, even if
advised of the possibility of such damages.
ColoCrossing’s liability and your exclusive remedy related to non-performance of any Service shall be: (i)
repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or
adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the
portion of the product or Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of ColoCrossing its subsidiaries
affiliates and agents and its and their officers, directors, employees, agents, partners and licensors,
whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price
of the product or Service actually paid to ColoCrossing. In states where the limitation or exclusion of
liability or incidental or consequential damages is not allowed, the above limitations or exclusions may
not apply to you. In such cases ColoCrossing’s aggregate liability will be limited to the fullest extent
permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must
be commenced within one (1) year after the cause of action arises or any such action will be
permanently barred.
16. Indemnification
You shall indemnify, defend and hold ColoCrossing, its officers, directors, employees, shareholders,
agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages,
liabilities, judgments and expenses (including reasonable attorneys’ fees), arising out of or in connection
with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or
omission by you in using the Site or any Product or Service ordered via the Site including but not limited
to your violation of the Agreements terms of use or policies found on the Site or infringement of any
third party proprietary rights by you.
17. Jurisdiction and Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters
arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard
to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or
the provision of the Products or Services offered via the Site will be brought in the state or federal
courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in
those courts in any such legal action or proceeding.
18. General, Contact Information
ColoCrossing shall not be responsible for failure or delay of performance if caused by an act of war,
hostility, or sabotage, acts of god, electrical, internet, or telecommunication outage that is not caused
by us, government restrictions (including the denial or cancellation of any export or other license), or
other events beyond our reasonable control.
ColoCrossing will provide you with email support at no additional charge for technical questions and
issues relating to your use of the Site. You may contact our support services by emailing us
at support@colocrossing.com Our mailing address is ColoCrossing, 5063 North Service Road Suite 102
Burlington, ON L7L 5H6 Canada.
All sections of this Agreement which, by their nature, should, shall survive termination including
payment, indemnity and the disclaimers of warranty and limitations of liability.
Search Engine Optimization & Marketing
ColoCrossing's Universal Terms of Use and any applicable purchase orders are incorporated herein by
reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in
the Universal Terms of Use and purchase order, if any.
1. Our Obligations.
ColoCrossing provides you with the ability to establish online advertising campaigns for purposes of
marketing the your business website (“Your Site”) through various online methods including with major
search engines (each a “Publisher”), pay for those campaigns, and access reports detailing the activity
for those campaigns through using its proprietary software (“Platform”).
ColoCrossing does not have a duty to and does not generally screen or edit content, but we reserve the
right to refuse Service, monitor or to remove, without notice, any content or links which, in our sole
discretion or that of a court or regulatory agency, is deemed illegal, misleading, or obscene, or is
otherwise in breach of our Universal Terms of Use, Anti-Spam or Acceptable Use policies.
2. Your Obligations.
You are responsible for obtaining access to the Service which may involve paying third-party fees such as
Publisher, Internet service provider and/or airtime charges. You must provide the equipment, i.e.
hardware and software, necessary to access and use the Services.
Customer Account Limitations and Monitoring
You hereby acknowledges that ColoCrossing may, from time to time, in its sole discretion, establish
general practices and limits concerning the use of the Services, which may include limitations on the
time limit we retain Customer Account and Content, maximum limits on storage space or other such
limits. You agree that ColoCrossing has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service including any Customer Account data.
You agree that ColoCrossing or third party advertising providers with whom ColoCrossing has a
relationship may, but have no duty to, monitor any Customer Account activity for the purpose of
ensuring quality, improving the Services, and compliance with this Agreement.
3. Your Account Limitations and Monitoring.
You hereby acknowledge that ColoCrossing may, from time to time, in its sole discretion, establish
general practices and limits concerning the use of the Services, which may include limitations on the
time limit we retain Your Account data and Use Content, maximum limits on storage space or other such
limits. You agree that ColoCrossing has no responsibility or liability for the deletion or failure to store
any content maintained or transmitted by the Service.
You agree that ColoCrossing or third party advertising providers with whom ColoCrossing has a
relationship may, but have no duty to, monitor any of Your Account activity for the purpose of ensuring
quality, improving the Services, and compliance with any of our terms of use.
4. Termination
Customer has the limited right to cancel its Service subscription at any time during an advertising
campaign term, subject to the terms of this agreement, and provided that (i) for all Services, customer
commits to purchase on a nonrefundable basis a minimum of four (4) months of Service, (ii) the
completion of customer's most recent pre-paid monthly Service fee shall not be refundable, and (iii) for
any cancellation, customer must provide ColoCrossing with at least thirty (30) days notice prior to the
processing of the following month's payment.
Payments made with respect to Your Account creation and setup and ad purchases with Publishers
(Search Engines) that are already scheduled and committed as of the date we receive notice of
termination are nonrefundable.
In the event of suspension, expiration or termination, Your Account and your access and right to use the
Service shall immediately cease and the license granted to you hereunder shall terminate. Termination
of Your Account includes (a) removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with or inside Your Account (or any
part thereof), and (c) barring of further use of the Service. ColoCrossing may destroy or otherwise
dispose of any customer data or User Content in its possession.
5. Warranty
Due to seasonality, duration of the contract, economic business conditions, consumer sentiment and
other factors beyond our control, the results of your advertising campaigns may vary and, although
ColoCrossing cannot guarantee specific results, we proactively seek to provide high quality online
marketing Services that maximize our customer’s return on advertising spending.
You acknowledge and agree that ColoCrossing may collect and use non-personal information concerning
the use, contents, performance or management of any advertising campaign conducted through Your
Account. As part of providing the Services, ColoCrossing may aggregate reports comprised of such data.
By using our Services, you hereby grant to ColoCrossing a worldwide, irrevocable, non-exclusive,
transferable and sublicensable, and royalty-free license to use, display, reproduce, distribute and
analyze Your Account data within the Services for the purposes of providing and improving upon the
features and functionality of the Services. This license does not grant ColoCrossing the right to use
personal or non-public data concerning Your Account for any other commercial purpose without your
prior written consent.
ColoCrossing does not warrant or make any representation regarding the use or the results of the use of
the Services in terms of effectiveness, accuracy or reliability or that the Service will produce any
guaranteed or stated result, meet your stated requirements or expectations or be provided in an
uninterrupted, timely, secure or error-free manner, that Service defects or errors will be corrected, or
that the search ranking of your business via Your Account or a Publisher Account will change or improve
in any way as a result of your Service subscriptions.
You understand that the technical processing and transmission of the Service, including your User
Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own
risk and discretion and ColoCrossing is not responsible for any damage to your computer system or loss
of data as a result from the use of any such material.
No advice or information, whether oral or written, provided by us directly to you or through the Service
will create any warranty not expressly stated herein.
LocalSync Pro
The term of the LocalSync Pro or OneList Plus services is for a minimum of six (6) months. After 6-
months it will automatically renew and continue to bill on the regular bill date. If cancelling within the
first six-month, payment is required for all fees remaining through month six. If on free trial, you can
cancel at any point during the initial trial without being charged. If outside the initial six-month term, or
when the free trial has commenced and now on a paid subscription you may cancel the services with 30-
days written notice. Cancellations are applied on the next billing term. No refunds for any fees paid in
advance. The setup fee is non-refundable.
If you fail to pay the fees within 30 days after due your services will be disabled. If you choose to
reinstate service all fees to reinstate the service, including setup fees and a reinstatement fee may
apply.
Custom Logo Design
1. Acceptance of Terms
ColoCrossing's Universal Terms of Use are incorporated herein by reference. Unless otherwise stated,
capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use.
2. Your Obligations.
ColoCrossing’s custom logo design and tagline creation service (the “Service”) provides businesses
(each, a “Client”) the option to use a system to post specific assignments and project descriptions
(each, a “Project”), including illustrative samples or other media (each, a "Creative Brief"), provide
additional direction during the design process (each, a "Revision Brief") and obtain responses (each, a
"Response") to those Creative or Revision Briefs from design experts retained by us. Your Responses
will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses,
ultimately resulting in a final Response conforming to your various Creative and Revision Briefs (the
“Final Product”).
ColoCrossing does not have a duty to and does not generally screen or edit content, but we reserve the
right to refuse Service, monitor or to remove, without notice, any content for projects which, in our
sole discretion, are deemed illegal, misleading, or obscene, or are otherwise in breach of these TOU.
Artwork Rights
Subject to your compliance with these TOU, you shall own the Final Product. You shall not, however,
own any materials, media or other content generated during any revision cycles leading up to the Final
Product, and we expressly reserve all right, title and interest in and to the same. We retain the rights
to all artwork concepts and other content not selected by you.
You acknowledge that your ownership rights under this agreement are limited to the Final Product, and
that no trademarks or service marks in or to any Final Product are being conveyed under this
agreement.
We do not guarantee that your logo or tagline will not have similarities to those designed by us for our
other customers. Apart from your logo or tagline as a whole, you obtain no right or claim of any kind to
any individual design element or elements of the logo or tagline and we reserve the right to use one or
more of the design elements in other projects for other customers.
You hereby acknowledge that ColoCrossing shall have no obligation or duty to perform trademark,
service mark or copyright clearance searches, inquiries, or the like, in order to validate the propriety or
legality of the Final Product. Moreover, you acknowledge that ColoCrossing shall have no responsibility
or obligation of any kind to assist you in seeking state or federal intellectual property protection,
including, without limitation, trademark or copyright registration, for the Final Product, nor shall
ColoCrossing be responsible for assisting you in any way in your attempt to perfect your rights in or to
the Final Product. It is solely your responsibility to determine if the logo or tagline is suitable and
appropriate for your use and to obtain the advice of an attorney or other suitable professional
regarding whether or not the logo or tagline is legally available for your use and/or infringes the rights
of any third party. Accordingly, you are encouraged to perform your own independent searches with
regard to the Final Product.
3. Your Obligations.
1. Materials Provided by You.
In connection with your use of the Site and the purchase of Services made available through the
Site, you may provide us with text, images, photographs, graphics, sound, video and other
information (“User Content”). You may also have the ability to view, post, publish, share, store
or manage User Content via the Site or the Services. All such comments and postings are public,
not private, communications.
You warrant and represent that you have all necessary right to provide User Content and that
User Content shall not and does not violate the intellectual property rights or any other rights of
any third party. You grant us a worldwide, royalty-free and non-exclusive license (including
moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display
User Content in order to provide products and Services to you or in connection with your use of
our Site and Services.
You acknowledge and hereby grant to ColoCrossing a royalty-free, irrevocable, non-exclusive,
perpetual, worldwide right (including any moral rights) to use User Content, Creative and
Revision Briefs, individual Responses provided to you, and Final Product for internal and archival
purposes, and in order to display and promote the Service in any form, media, or technology
now known or later developed.
You agree to back-up all of your User Content so that you can access and use it when needed.
ColoCrossing does not warrant that it backs-up User Content, and you agree to accept as a risk
the loss of any and all of your User Content. You agree to indemnify and hold ColoCrossing and
its subsidiaries and affiliates and its and their officers, directors, employees, partners and
agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of our use of User Content.
2. Responses, Creative Briefs, Revision Cycles.
You are solely responsible for timely preparing and posting detailed descriptions of each of your
Creative Briefs to the Site, including providing samples illustrating your Creative Brief and any
relevant deadlines.
When we provide you with a Response, you are responsible for timely reviewing it. If you fail to
promptly inform us that the Response is not reasonably responsive to the Creative Brief, you will
be deemed to have accepted the Response. If you notify us that you think a Response is not
reasonably responsive to the related Creative Brief, you shall then submit a Revision Brief
containing information regarding amendments or modification to be made to the initial
Response. After you provide us with a Revision Brief, we will provide you with a subsequent
Response that conforms to the additional criteria you requested. ColoCrossing is not responsible
for the content of Responses to the extent that they are prepared to conform to your Creative
or Revision Briefs.
Revision cycles consist of additional compositions that incorporate changes you request in a
Revision Brief. The number of revision cycles available to you is determined by the logo design
package you have purchased. The purpose of the revision process is to create Responses that
move your project forward in the specific direction you have determined. You may request
significant changes in the first and second cycles, and the Responses generated might be quite
different in nature from the original composition you selected. For logo design packages with
more than two revision cycles, by the third revision request, your requests shall be
modifications of the current composition only. Revision requests that depart from the then-
current composition will be honored and completed in a timely manner, however; we reserve
the right to charge additional fees for each such Revision. No revision work, which requires
payment, will be started without your authorization.
You agree to provide timely responses to any status notifications that we send to you. You shall
have 30 days to respond to each Response sent to you. If after 30 days you have failed to
respond, ColoCrossing will assume that your project is complete and the project shall be
deemed completed. At such time, ColoCrossing will have no further obligation to you, and you
will pay us pursuant to the provisions of this agreement. Notwithstanding the foregoing, we
reserve the right, in our sole discretion, to terminate your access to all or a portion of the
Service, at any time, with or without notice.
4. Your Account, Password and Security.
In order to transact a purchase on the Site you must first complete our registration process where you
will provide us with your billing and contact information (“Your Account”). You agree to provide and
maintain accurate, current and complete Your Account information about you, and any entity on whose
behalf you order products or services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all
activities that occur and orders that are placed under Your Account. You will immediately notify us of
any unauthorized use of Your Account or any other breach of security, and ensure that you exit from
Your Account at the end of each session. We may suspend or terminate Your Account upon notice to
you in the event that we reasonably determine that Your Account has been involved in a violation of this
Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged
violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be
liable for the losses incurred by us or others due to any unauthorized use of Your Account. ColoCrossing
will not be liable for any loss or damage arising from your failure to comply with this section.
5. Fees and Payments
You agree to pay any and all fees and payments due for Services purchased at this Site at the time they
are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise
expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the
Services term.
Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available.
You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account
settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit
card or ACH information is current and valid. Failure to do so may result in the interruption or loss of
Services. ColoCrossing will not be liable to you or any third party regarding these Services loss or
interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after
they first appear on your credit card or bank account statement otherwise you waive any right to
dispute any such discrepancy.
You acknowledge that ColoCrossing may use the services of a third party to automatically update your
credit card expiration date. These recurring billing or account updating programs “Billing Programs” are
supported by your credit card provider (and are ultimately dependent on your bank’s participation). If
you are enrolled in an automatic renewal option and we are unable to successfully charge your existing
payment method, your credit card provider (or your bank) may notify us of updates to your credit card
number and/or expiration date, or they may automatically charge your new credit card on our behalf
without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Services
provided or if we incur a chargeback for any fee we previously charged to your credit card, you
acknowledge that we may pursue all available lawful remedies in order to obtain payment including,
immediate cancellation without notice to you of any Services registered or renewed on your behalf.
If a Service is offered with a special promotion price or period offered by us, you agree that all
subsequent periods after the initial promotion period, will be billed at the then stated list price for the
service.
Late Fees and Penalties. We reserve the right to charge late fees of, e.g. 1% per month (18%, annually)
or 6% of the amount due plus $10 per month for amounts not timely paid. Customer will be responsible
for all reasonable expenses (including collection and reasonable attorneys' fees) incurred by us in
collecting such amounts.
6. Intellectual Property.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted
and may not be used except as provided herein without our prior written permission. Except as noted
otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other
copyrightable materials displayed on the Site and available for use with the products or services
constitute intellectual property owned by ColoCrossing and its affiliates and/or licensors (the
"Content"). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use
any Content without our prior written permission. Unauthorized use of the Content or any other
content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a
convenience and accommodation to you on an "AS IS" basis without warranty of any kind.
7. Termination
1. ColoCrossing reserves the right to immediately terminate the Service for reasonable cause,
including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii)
non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement
or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or
authenticate any information you provide to us; or (vii) we conclude in our sole discretion that
your use of or access to the Service may result in liability to us. In the event of default by you,
any and all payments required to be made to us by you shall be due and payable immediately.
Termination of this Agreement shall not relieve you from any liability, including amounts owing,
accrued prior to the time that such termination becomes effective.
2. Refunds
If you are not satisfied with the initial design Responses provided by ColoCrossing, at this point
you have 2 options, option 1 is to request a re-design, this means a project coordinator will
contact you to discuss a new creative direction based on your initial concepts. A new group of
designers will create a brand new set of logo designs or slogans, Option 2 is you can request a
full refund. You may request a refund by completing the Refund Request form, which will be
provided to you upon request. Upon timely receipt of the completed form, ColoCrossing will
refund the total payment made by you on the logo design package purchased. However, you
shall forfeit the right to the refund outlined below if you request additional revisions (1 or more
design changes regardless of the complexity) or modifications to any of the initial concepts. You
shall also forfeit the right to a refund if you do not respond in a timely manner to a status
notification from us, as described above. There are no refunds for any rush service charges. 24
hour design fees and 24 hour rush changes are non-refundable. No refund is available for design
firms or for those who order our design services on behalf of another entity.
Our Platinum logo design package is nonrefundable whether or not you requested alterations.
All refunds are issued within thirty business days from the day that the cancellation was
requested. You agree that your acceptance of the refund shall constitute your sole and exclusive
remedy with respect to related Responses. Additionally, you acknowledge that you will have no
right (express or implied) to use any Response or other work product, content, or media, nor will
you have any ownership interest in or to the same.
All sections of this Agreement which, by their nature, shall survive termination, shall survive
including payment, indemnity and the disclaimers of warranty and limitations of liability.
8. Warranty
The Service, including all logos and taglines, are provided "as is" without warranty of any kind, either
express or implied, including but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. ColoCrossing makes no representations, warranties or
covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any
information or other material (including, without limitation, any Creative Brief, or Responses) that are
communicated through, or posted to, the Service, nor does ColoCrossing endorse any opinions
expressed by any user of the Site. Without limiting the foregoing, ColoCrossing makes no
representations, warranties or covenants regarding the validity of the rights to Responses granted
pursuant to these TOU. You acknowledge that any reliance on information or other material, including,
without limitation, any information related to your project, communicated through the Service, or
posted to the Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge
that you use each Response at your own risk and that you are responsible for taking any actions you
deem reasonable to determine whether your use of a Response will infringe any statutory or third-party
intellectual property, privacy or publicity rights. ColoCrossing shall not be responsible for any use of
photos that are not royalty free. It is the Customer’s responsibility to purchase and pay for all rights to
use any photos, images, graphics, icons, logos, and/or designs for any designs created by ColoCrossing.
Fax to Email
1. Purpose, Acceptance of Terms.
This End User License Agreement, together with all other documents and policies referenced herein, is a
legal agreement (“Agreement”) between HostPapa, Inc. (“ColoCrossing,” “we,” or “our”) and the
customer purchasing ColoCrossing's fax-to-email services (the “Services”), together with any company or
other business entity you are representing, if any (“you” or “your”).
ColoCrossing's Universal Terms of Use and Privacy Policy, available at https://www.colocrossing.com
and the documents and policies referred to herein are incorporated by reference into and made a part
of this Agreement, unless they are expressly modified below. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, YOU CANNOT PURCHASE OR USE THE SERVICES.
The Services are offered to you conditioned upon your acceptance without modification of this
Agreement. ColoCrossing may update or change, augment or enhance this Agreement or the Services
without notice to you. By signing up for the Services and accepting this Agreement you agree to be
bound by these modifications. If you do not agree to the changes your sole and exclusive remedy is to
cancel your subscription to the Services.
2. Description of the Fax-to-Email Services and Terms of Use.
The Fax-to-Email Services includes: (i) use of a toll-free telephone number that provides for the delivery
of faxes to email in the volumes described below in our Fair Usage Policy; and (ii) outbound faxing from
the online Fax Management Interface.
Toll-Free Services Usage.
As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You
will be charged a monthly usage fee based on the combined number of fax pages sent and received
according to your subscribed plan. Our current usage fee is set forth on the website you used to select
and purchase the Service. Additional pages both sent and received above your subscribed plan’s
monthly allotment will be charged per page at the overage rate displayed on our
website https://www.colocrossing.com. You will have the option to send faxes via the online fax
management interface and to subscribe for additional services at https://www.colocrossing.com
subject to the terms and conditions of this Agreement
Storage of Faxes.
While you receive Services, we will store fax messages sent and or received through your Fax-to-Email
online interface for a period of 30 days, measured from the date of receipt of each fax. These faxes are
accessible through the online Fax Management Interface. You acknowledge that we may change our
practices and limitations concerning storage of fax messages, including without limitation, the maximum
number of days that faxed messages will be retained, the maximum number of messages stored at any
one time, and the maximum storage space that will be allotted on our servers on your behalf, at any
time. You further agree that ColoCrossing has no responsibility or liability whatsoever for the deletion or
failure to store any fax messages and/or other communications maintained or transmitted by the
Services.
3. Our Privacy Policy.
ColoCrossing is dedicated to establishing trusting relationships with its customers, based on respect for
personal identity and information. If we decide to change our privacy practices, we will post those
changes in our Privacy Policy, and other places we deem appropriate, so our customers are always
aware of what information we collect, how we use it, and under what circumstances, if any, we disclose
it. We will use information in accordance with the Privacy Policy under which the information was
collected.
4. End-User Responsibilities.
You are fully responsible for the contents of your transmissions through the Services. ColoCrossing
simply acts as a passive conduit for you to send and receive information of your own choosing. However,
we reserve the right to take any action with respect to the Services that we deem necessary or
appropriate in its sole discretion if we believe you or your information may create liability for
ColoCrossing, compromise or disrupt the Services for you or other customers, or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers.
Your use of the Services is subject to all applicable local, state, or national United States laws and
international laws and regulations (including without limitation those governing account collection,
export control, consumer protection, unfair competition, anti-discrimination and false advertising). You
agree: (1) to comply with all laws regarding the transmission of technical data exported from any
country through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or
disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures
of networks connected to the Services; (5) not to use the Services to infringe upon any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local, state, or Federal United States
law or regulation, the applicable laws or regulations of any country, or international law. The Services
make use of the Internet for you to send and receive information of your own choosing. As a result, your
conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the
Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person
who has not given specific permission to be included in such a process, and further agree not to attempt
to gain unauthorized access to other computer systems. You shall not interfere with another End-User's
use and enjoyment of the Services or another entity's use and enjoyment of similar services.
You further agree not to use our services to store (1) any “protected health information” if you are a
“covered entity” or a “business associate” of a “covered entity” (as such terms are defined in 45 CFR s.
160.103), or (2) any other type of information that imposes independent obligations upon ColoCrossing
or any affiliated company or person.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email
service) required for you to access and use the Services; (b) be responsible for all charges resulting from
use of the Services, including unauthorized use prior to your notifying us of such use and taking steps to
prevent its further occurrence.
5. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the
United States under the Federal Telephone Consumer Protection Act and is also illegal under the laws of
a number of other countries, states and provinces. Distribution of unsolicited fax advertisements
through the Services is prohibited. If you believe that you are in receipt of an unsolicited fax
advertisement, we ask that you take the following two steps:
• If the fax contains a telephone number, fax number, or other contact information to
"unsubscribe" from receipt of additional junk faxes, please do so; and
• Please forward the spam fax by email to support@colocrossing.com to file a complaint with us
by inserting the required information (fax number received from and date received) and
including a copy of the offending fax.
You hereby acknowledge and agree that ColoCrossing, as owner of all Fax-to-Email Numbers, has any
and all rights to assert any and all legal claims available against any third party as a result of your receipt
of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection
Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any
and all such rights to us. Because our Fax-to-Email Numbers may be reassigned to other customers in
the event your account is canceled, and to ensure the best possible Services for all customers, you are
not permitted to "opt in" to receive spam faxes on your Fax-to-Email Number.
Spam Drop-Box Policy. ColoCrossing does not permit its End-Users to use their Fax-to-Email Number as a
"drop box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax
spam that uses a Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following
steps:
• If the email or fax contains an email address, telephone number, fax number, or other contact
information to "unsubscribe" from receipt of additional messages, please do so.
• If you are unable to successfully "unsubscribe," please forward the offending email
support@colocrossing.com. We will investigate your complaint and determine if the
fax/voicemail number referenced in the spam email or spam fax is a Fax-to-Email Number. If it
is, we will attempt to contact the customer and, if necessary and appropriate, terminate their
Fax-to-Email Service.
6. Termination.
You may terminate the Services at any time, for any reason, provided that (i) you will not receive a
refund for any Services paid in advance, and (ii) any such notice by you to ColoCrossing must be in
accordance with our verification procedures, as such procedures may be established and changed by us
from time to time in our sole discretion, and which may include the requirement that you contact us by
phone to confirm that any such notice was in fact sent by you. ColoCrossing also reserves the right to
terminate or suspend your Services without prior notice, provided that we will attempt to confirm such
termination or suspension by subsequent notice.
7. End-User Representations.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in
the state or province in which you reside, and that you possess the legal right and ability to enter into
this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of
your account by others, including minors living with you) and to comply with your responsibilities and
obligations as stated in this Agreement.
8. Modifications to End-User Agreement.
ColoCrossing may automatically amend this Agreement at any time by (a) posting a revised Fax-to-Email
End-User Agreement on its Website, and/or (b) sending information regarding the amendment to the
email address you provide to us.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING OUR WEBSITE TO OBTAIN TIMELY NOTICE OF
SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY
CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR
INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
This Agreement may not be amended by you except in writing signed by both Parties.
9. Modifications to the Services.
ColoCrossing reserves the right to modify or discontinue any of the Services with or without notice to
you. We will not be liable to you or any third party should we exercise our right to modify or discontinue
the Services.
10. Member Account, PIN, and Security.
As part of the registration process, you will be required to provide an email address and select a
password. Once you become a registered user, your Fax-to-Email Number will be automatically sent to
you by email and accessed through the Fax-to-Email administrative control panel. Furthermore, you are
entirely responsible for any and all activities that occur under your account. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security known to you.
11. Disclaimer of Warranties and Limitation of Liability.
ColoCrossing DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE
UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES PROVIDED ARE ON AN AS-IS
BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDENMNITIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY
ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND
AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF
THE SERVICES, AND YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY
WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVERICES
PROVIDED UNDER THIS AGREEMENT WILL BE DEEMED ACCEPTED WHEN DELIVERED.
YOUR USE OF THE FAX-TO-EMAIL AND ALL OF OUR OTHER SOFTWARE AND SERVICES IS AT YOUR
OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING ColoCrossing’S SOFTWARE)
OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE FAX-TO-EMAIL SERVICE. YOU AGREE THAT
NEITHER ColoCrossing NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS,
OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU
UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPCIAL, EXEMPLARY, PUNITIVE, INDIRECT,
MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS
OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH,
THIS AGREEMENT WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE
ITS ESSENTIAL PURPOSE, STRICT LIABLILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND OUR
LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF
THE FAX-TO-EMAIL SERVICES AND ANY OF OUR OTHER SERVICES AND SOFTWARE OR ANY BREACH OF
THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR
ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE
DATE OF YOUR CLAIM OR (II) U.S. $100.00.
NEITHER ColoCrossing NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS,
OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL BE HELD
RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY
COMMUNICATIONS DIFFICULTIES OUTSIDE OF OUR OR ANY SUCH LICENSOR'S OR SERVICE
PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICES TO
THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-
PARTY DATA STORAGE AND/OR DELIVERY SERVICES. NOTHING IN THIS AGREEMENT SHALL BE
CONSTRUED AS CREATING A JOINT VENTURE, PARTNERSHIP, AGENCY, EMPLOYMENT, FRANCHISE, OR
OTHER RELATIONSHIP BETWEEN YOU AND ColoCrossing. ALSO, NEITHER PARTY TO THIS AGREEMENT
SHALL HAVE THE RIGHT, POWER OR AUTHORITY TO CREATE ANY OBLIGATIONS OR DUTY, EXPRESS OR
IMPLIED, ON BEHALF OF THE OTHER. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN
ESSENTIAL ELEMENT OF THIS AGREEMENT AND WITHOUT SUCH LIMITATIONS ColoCrossing WOULD
NOT ENTER INTO THIS AGREEMENT.
12. Charges.
You agree to pay all charges for your use of the Services at the prices then in effect for your country of
residence. ColoCrossing reserves the right to charge value-added, sales or other taxes on the Services as
it deems appropriate and reserves the right to change prices or institute new charges for access to or
use of the Fax-to-Email service. All changes will be posted at our Website and you are responsible for
regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of,
or non-termination of the Services after changes are posted constitutes your acceptance of the prices as
modified by the posted changes.
Payment of your Services balance is due monthly.
Charges are to be paid on a monthly basis in the currency in which you were charged or billed. If your
payment method is credit card and payment is not received by us from the card issuer or its agents, you
agree to pay all amounts due upon demand by us. Each time you use the Services, or allow or cause the
Services to be used, you agree and reaffirm that ColoCrossing is authorized to charge your designated
card. Your card issuer's agreement governs your use of your designated card in connection with the Fax-
to-Email service, and you must refer to such agreement (not this Agreement) with respect to your rights
and liabilities as a cardholder. You agree that ColoCrossing may (at its option) accumulate charges
incurred during your monthly billing cycle and submit them as one or more aggregate charges during or
at the end of each cycle, and that we may delay obtaining authorization from your card issuer until
submission of the accumulated charge(s). This means that accumulated charges may appear on the
statement you receive from your card issuer.
Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-
REFUNDABLE. You agree that ColoCrossing may submit charges for your monthly service fee each
month, without further authorization from you, until you provide prior written notice (in accordance
with our verification procedures, as may be established by us from time to time in its sole discretion)
that you have terminated this authorization or wish to change your designated card. Such notice will not
affect charges submitted before we reasonably could act on your notice. If you have any question
regarding any charges that have been applied to your account, you must contact us within 30 days of
the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges
submitted by us in accordance with this Agreement.
You must promptly notify us in writing of changes to: (a) the account number or expiration date of your
designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to
use your Services. You must also promptly notify us if your card is canceled (e.g., for loss or theft).
13. Payment.
ColoCrossing reserves the right to suspend or terminate your Services without notice upon rejection of
any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously
made to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu
of any other legal rights or remedies available.
14. Ownership.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions
and materials comprising the Services are wholly owned by ColoCrossing and/or its licensors and service
providers except where expressly stated otherwise.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX-TO-EMAIL
NUMBER ASSIGNED TO YOU BY ColoCrossing. OWNERSHIP OF ANY SUCH FAX-TO-EMAIL NUMBER IS
VESTED SOLELY IN ColoCrossing (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING
THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE
TERMINATION OF YOUR SERVICES FOR ANY REASON, SUCH FAX-TO-EMAIL NUMBER MAY BE RE-
ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT ColoCrossing WILL NOT BE
LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH REASSIGNMENT,
AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER
BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT ColoCrossing MAY FROM TIME TO TIME NEED TO
CHANGE THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR
ANY OTHER REASON WHETHER OUTSIDE OR WITHIN OUR CONTROL). YOU AGREE THAT WE WILL NOT
BE LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE
FAX-TO-EMAIL NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO
ANY SUCH CHANGE, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER
GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO
YOU OR AT YOUR REQUEST TO THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY US AND THAT YOU
WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICES PROVIDER TO CHARGE ANY
SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE US THE RIGHT TO IMMEDIATELY
TERMINATE YOUR SERVICES WITHOUT NOTICE.
15. Indemnification.
You agree to indemnify, defend by counsel reasonably accepted by us, and protect and hold
ColoCrossing, its affiliates and agents harmless from and against any and all claims, liabilities, losses,
costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes
of action, judgments, etc., directly or indirectly, arising out of or related to the Services and this
Agreement, including any violation of this Agreement by you or any other person using your account,
any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other
customers, any infringement of intellectual property or other rights of any third parties, and any
violation of any laws or regulations, including but not limited to any violation of any laws or regulations
prohibiting transmission of unsolicited faxes.
16. Fax-to-Email Services are NOT for Resale.
Your right to use the Services is personal to you. You may be either an individual, a corporation, or
business entity, but you agree not to resell the Services in anyway.
17. Miscellaneous.
Neither party shall be responsible for failure or delay of performance if caused by: an act of war,
hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by
the obligated party; government restrictions (including the denial or cancellation of any export or other
license); or other event outside the reasonable control of the obligated party. Each party will use
reasonable efforts to mitigate the effect of a force majeure event.
This Agreement constitutes the entire understanding and contract between the parties and supersedes
any and all prior and contemporaneous, oral or written representations, communications,
understandings and agreements between the parties with respect to the subject matter hereof, all of
which representations, communications, understandings and agreements are hereby canceled to the
extent they are not specifically merged herein. The parties acknowledge and agree that neither of the
parties is entering into this Agreement on the basis of any representations or promises not expressly
contained herein.
This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as
well as the contracts Registration Services Provider has with Registrar, ICANN and the Registry Operator.
You will be notified of such modifications if they are material to this Agreement or the Service. Your
continued use of the Services after such notification will constitute your acceptance of these
modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel
your subscription to the Services and to have your domain name registration transferred to a different
domain name registrar.
This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws
of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or
proceeding relating to this agreement or the provision of the Services shall be brought in the state or
federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is
proper in those courts in any such legal action or proceeding.
17. Our contact information:
ColoCrossing can be contacted, as follows:
Address:
ColoCrossing
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Phone: 1-800-518-9716
Customer Service Hours: 9am - 9pm, EST (7 days a week)
Technical Support: Available 24/7
Online Storage & Backup
1. Purpose, Acceptance of Terms
These Online Storage & Backup terms and conditions, together with all other documents and policies
referenced herein, is a legal agreement ("Agreement") between Hostopia Canada, Corp., a subsidiary of
Hostpapa, Inc. (“ColoCrossing”) and you, the customer, purchasing Online Storage & Backup services
(the “Services”), together with any company or other business entity you are representing, if any
(“you”).
The Universal Terms of Use, Copyright Infringement Policy, Acceptable Use Policy and Privacy Policy,
available at https://www.colocrossing.com any applicable purchase orders, and the documents and
policies referred to herein are incorporated by reference into and made a part of this Agreement, unless
they are expressly modified below. Unless otherwise stated, capitalized terms used herein have the
meaning ascribed to them in the Universal Terms of Use and purchase order, if any.
2. Grant of License/Restrictions
ColoCrossing grants you a non-exclusive, non-transferable, non-assignable limited license to use and
access the Services in your normal course of business. You may not publish, transmit, retransmit,
disseminate, broadcast, circulate, sell, resell, loan, lease, distribute or transfer the Services or copies to
third parties, nor reverse engineer, decompile, disassemble or otherwise attempt to discern the source
code of the components of the Services.
3. Your Content
You grant ColoCrossing a worldwide right to use, host, store, service, reproduce, modify, communicate,
and publish all content uploaded to the Services by you only as is necessary for ColoCrossing to perform
its duties under this Agreement (as defined below). ColoCrossing agrees that all of your uploaded
content and documents (“Content”) is provided to ColoCrossing by you solely to enable ColoCrossing to
provide services, including accessing and viewing your Content as directed by you or your users in order
to provide technical support to you and that Content will only be used for that purpose and will only be
accessed by those ColoCrossing employees and its affiliates who have a need to access your Content in
order to provide the services. You shall retain all title and ownership of any intellectual property rights
you hold in your Content. You are responsible for ensuring that you have all of the necessary rights in
any Content and that the Content does not infringe on the rights of any copyright owners, violate any
applicable laws or violate the terms of any license or agreement. Upon receipt of adequate notice under
the Digital Millennium Copyright Act (17 U.S.C.A. § 512), ColoCrossing reserves the right to delete or
disable any Content alleged to infringe on the intellectual property rights of any third party.
4. Termination
ColoCrossing reserves the right to refuse Services to anyone and to terminate existing Services with 14
days advance notice for any or no reason; and without advance notice if you violate this or any other
Agreement, policy or terms of use. You have the right to terminate the Services at any time with written
notice sent by mail to the address below or by contacting us here 1-800-518-9716. Both parties agree
that there will be no monetary compensation or refund, prorated or otherwise, for terminated services
regardless of the reason. You must remove your Content from the Online Storage & Backup site prior to
terminating the Services. ColoCrossing reserves the right to delete your Content without notice should
you violate the Agreement or fail to pay for the Services.
5. Lawful Use of Internet
You agree to use the Internet and the Services in accordance with these terms of use, our Universal
Terms of Use, Acceptable Use Policy and any other applicable terms together with any applicable
federal, state and local laws, rules and regulations.
6. Security and Integrity of Information
Although we implement the industry standard technology for information protection, there is no
guarantee that the information on the Internet is absolutely secured or may never be destroyed. You
agree to hold us harmless in cases of loss of information or loss of privacy.
7. ColoCrossing can be contacted, as follows:
Address:
Attn: Online Storage & Backups
ColoCrossing
5063 North Service Road
Suite 102
Burlington, ON L7L 5H6 Canada
Phone: 1-800-518-9716
Customer Service / Technical Support available 24/7
DATA PROCESSING ADDENDUM (CUSTOMERS)
This Data Processing Addendum (“Addendum”) is executed by and between HostPapa Inc., and you
(“Customer”) and is annexed to and supplements our Terms of Service, Privacy Policy, and any and all
agreements governing our Covered Services (collectively, the “Terms of Service”).
1. Definitions
“Covered Services” any hosted services we offer you that could involve our Processing of Personal Data.
“Customer Data” means the Personal Data of any Data Subject Processed by HostPapa within the
HostPapa Network on behalf of Customer pursuant to or in connection with the Terms of Service.
“Data Controller” means Customer, as the entity which determines the purposes and means of the
Processing of Personal Data.
“Data Processor” means HostPapa, as the entity which Processes Personal Data on behalf of the Data
Controller.
“Data Protection Laws” means all laws and regulations, including laws and regulations of the European
Union, applicable to the Processing of Personal Data under the Addendum.
“Data Subject” means the natural person to whom Personal Data relates.
“EEA” means the European Economic Area.
“HostPapa Network” means HostPapa’s data centre facilities, servers, networking equipment, and host
software systems that are within HostPapa’s control and are used to provide the Covered Services.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Processing” means any operation or set of operations which is performed upon Personal Data, such as
collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation,
use, disclosure by transmission, dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction. “Process”, “processes”, and “processed” will be interpreted
accordingly. Details of the Processing are set forth in Annex 1.
“Security Incident” is either (a) a breach of HostPapa’s security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Data; or (b) any
unauthorized access to HostPapa equipment or facilities, where in either case such access results in
destruction, loss, unauthorized disclosure, or alteration of Customer Data.
“Security Standards” means the security standards attached to this Addendum as Annex 2.
“Standard Contractual Clauses” means Annex 3, attached to and forming part of this Addendum
pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for
the transfer of personal data to processors established in third countries under the Directive.
“Sub-processor” means any Data Processor engaged by Processor to Process data on behalf of Data
Controller.
2. Data Processing
2.1 Scope and Roles
This Addendum applies when Customer Data is processed by HostPapa. In this context, HostPapa will act
as the Data Processor on behalf of Customer as the Data Controller with respect to Customer Data.
2.2 Details of Data Processing
The subject matter of processing of Customer Data by HostPapa is the performance of the Covered
Services pursuant to the Terms of Service and product-specific agreements. HostPapa shall only Process
Customer Data on behalf of and in accordance with Customer’s documented instructions for the
following purposes:
● Processing in accordance with the Terms of Service or applicable product-specific agreement;
● Processing initiated by end users in their use of the Covered Services;
● Processing to comply with other documented, reasonable instructions provided by Customers
(e.g., via email) where such instructions are consistent with the terms of the Addendum.
Notwithstanding this, HostPapa shall not be required to comply with or observe Customer’s instructions
if such instructions would violate the EU General Data Protection Regulation 2016/679 (“GDPR”) or any
other applicable data privacy laws.
The duration of the Processing, the nature and purpose of the Processing, the types of personal data
and categories of Data Subjects Processed under this Addendum are further specified in Annex 1
(“Details of the Processing”) to this Addendum.
3. Confidentiality of Customer Data
HostPapa will not disclose Customer Data to any government or any other third party, except as
necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a
subpoena or court order). If a law enforcement agency sends HostPapa a demand for Customer Data,
HostPapa will attempt to redirect the law enforcement agency to request that data directly from
Customer. As part of this effort, HostPapa may provide Customer’s basic contact information to the law
enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then
HostPapa will give Customer reasonable notice of the demand to allow Customer to seek a protective
order or other appropriate remedy unless HostPapa is legally prohibited from doing so.
4. Security
HostPapa has implemented and will maintain the technical and organisational measures for the
HostPapa Network as described herein this Section and as further described in Annex 2 to this
Addendum, Security Standards. In particular, HostPapa has implemented and will maintain the following
technical and organizational measures that address:
1. The security of the HostPapa Network;
2. The physical security of the facilities;
3. The controls around employee and contractor access to the HostPapa Network and HostPapa’s
facilities; and,
4. The processes for testing, assessing, and evaluating the effectiveness of technical and
organisational measures implemented by HostPapa.
HostPapa makes available a number of security features and functionalities that Customer may elect to
use in relation to the Covered Services. Customer is responsible for:
1. Properly configuring the Covered Services.
2. Using the controls available in connection with the Covered Services (including the security
controls) to ensure the ongoing confidentiality, integrity, availability, and resilience of
processing systems and services.
3. Using the controls available in connection with the Covered Services (including the security
controls) to allow Customer to restore the availability and access to Customer Data in a timely
manner in the event of a physical or technical incident (e.g., backups and routine archiving of
Customer Data).
4. Taking such steps as Customer considers adequate to maintain appropriate security, protection,
and deletion of Customer Data, which includes use of encryption technology to protect
Customer Data from unauthorized access and measures to control access rights to Customer
Data.
5. Data Subject Rights
Taking into account the nature of the Covered Services, HostPapa offers Customer certain services that
Customer may elect to use to retrieve, correct, delete, or restrict use and sharing of Customer Data as
described in the Covered Services. Customer may request these services as technical and organisational
measures to assist it in connection with its obligations under applicable privacy laws, including its
obligations relating to responding to requests from Data Subjects.
As commercially reasonable, and to the extent lawfully required or permitted, HostPapa shall promptly
notify Customer if HostPapa directly receives a request from a Data Subject to exercise such rights under
any applicable data privacy laws (“Data Subject Request”). In addition, where Customer’s use of the
Covered Services limits its ability to address a Data Subject Request, HostPapa may, where legally
permitted and appropriate and upon Customer’s specific request, provide commercially reasonable
assistance in addressing the request, at Customer’s cost (if any).
6. Sub-processing
6.1 Authorized Sub-processors
Customer agrees that HostPapa may use Sub-processors to fulfil its contractual obligations under its
Terms of Service and this Addendum or to provide certain services on its behalf, such as providing
support services. Customer hereby consents to HostPapa’s use of Sub-processors as described in this
Section. Except as set forth in this Section or as otherwise explicitly authorized by you, HostPapa will not
permit any other sub-processing activities.
6.2 Sub-processor Obligations
Where HostPapa uses any authorized Sub-processor as described in “Authorized Sub-processors”,
above:
1. HostPapa will restrict the Sub-processor’s access to Customer Data only to what is necessary to
maintain the Covered Services or to provide the Covered Services to Customer and any end
users in accordance with the Covered Services. HostPapa will prohibit the Sub-processor from
accessing Customer Data for any other purpose.
2. HostPapa will enter into a written agreement with the Sub-processor and, to the extent that the
Sub-processor is performing the same data processing services that are being provided by
HostPapa under this Addendum, HostPapa will impose on the Sub-processor the same
contractual obligations that HostPapa has under this Addendum.
3. HostPapa will remain responsible for its compliance with the obligations of this Addendum and
for any acts or omissions of the Sub-processor that cause HostPapa to breach any of HostPapa’s
obligations under this Addendum.
6.3 New Sub-processors
From time to time, HostPapa may engage new Sub-processors under and subject to the terms of this
Addendum. Where possible, HostPapa will provide 60 days advance notice via email prior to any new
Sub-processor obtaining any Customer Data. If you do not approve of a new Sub-processor, then you
may terminate any Covered Services without penalty by providing, within 10 days or receipt of notice
from us, written notice of termination that includes an explanation of the reasons for your non-
approval. If the Covered Services are part of a bundle or bundled purchase, then any termination will
apply to its entirety.
7. Security Breach Notification
7.1 Security Incident
If HostPapa becomes aware of a Security Incident, HostPapa will without undue delay:
● Notify Customer of the Security Incident; and,
● Take reasonable steps to mitigate the effects and to minimise any damage resulting from the
Security Incident.
7.2 HostPapa Assistance
To assist Customer in relation to any personal data breach notifications Customer is required to make
under any applicable privacy laws, HostPapa will include in the notification under section Customer
Rights/Independent Determination (below), such information about the Security Incident as HostPapa is
reasonably able to disclose to Customer, taking into account the nature of the Covered Services, the
information available to HostPapa, and any restrictions on disclosing the information, such as
confidentiality.
7.3 Failed Security Incidents
Customer agrees that:
● A failed Security Incident will not be subject to the terms of this Addendum. A failed Security
Incident is one that results in no unauthorized access to Customer Data or to any of HostPapa’s
Network, equipment, or facilities storing Customer Data, and may include, without limitation,
pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on
attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data
that does not result in access beyond headers) or similar incidents; and,
● HostPapa’s obligation to report or respond to a Security Incident under this Section is not and
will not be construed as an acknowledgement by HostPapa of any fault or liability of HostPapa
with respect to the Security Incident.
7.4 Communication
Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s administrators
by any means HostPapa selects, including via email. It is Customer’s sole responsibility to ensure
Customer’s administrators maintain accurate contact information on the HostPapa management
console and secure transmission at all times.
8. Customer Rights
8.1 Independent Determination
Customer is responsible for reviewing the information made available by HostPapa relating to data
security and its Security Standards and making an independent determination as to whether the
Covered Services meets Customer’s requirements and legal obligations as well as Customer’s obligations
under this Addendum. The information made available is intended to assist Customer in complying with
Customer’s obligations under applicable privacy laws, including the GDPR, in respect of data protection
impact assessments and prior consultation.
8.2 Customer Audit Rights
Customer has the right to confirm HostPapa’s compliance with this Addendum as applicable to the
Covered Services, including specifically HostPapa’s compliance with its Security Standards, by exercising
a reasonable right to conduct an audit or inspection, including under the Standard Contractual Clauses if
they apply, by making a specific request of HostPapa in writing to the address set forth in its Terms of
Service. If HostPapa declines to follow any instruction requested by Customer regarding a properly
requested and scoped audit or inspection, Customer is entitled to terminate this Addendum and the
Terms of Service. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the
Standard Contractual Clauses nor affects any supervisory authority’s or data subject’s rights under the
Standard Contractual Clauses. This Section will also apply insofar as HostPapa carries out the control of
Sub-processors on behalf of Customer.
9. Transfers of Personal Data
9.1 Canada-Based Processing
Except where specifically noted in the Terms of Service, Customer Data will be transferred outside the
EEA and processed in Canada, where that data is regulated by the Personal Information Protection and
Electronic Documents Act (PIPEDA). Canada has been recognized by the EU as providing adequate data
protection (as per article 45 of Regulation (EU) 2016/679), which allows personal information of EU
residents to be freely transferred to Canada.
As HostPapa works with a number of US-based partners, we also transfer (in accordance with Article 45
of the GDPR) personal information to companies that have certified their compliance with the EU-U.S. or
Swiss-U.S. Privacy Shield Frameworks.
9.2 Application of Standard Contractual Clauses
The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either
directly or via onward transfer, to any country not recognised by the European Commission as providing
an adequate level of protection for personal data (as described in the GDPR). The Standard Contractual
Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer,
outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses will not apply where
the data is transferred in accordance with a recognised compliance standard for the lawful transfer of
personal data (as defined in the GDPR) outside the EEA, such as Canada’s PIPEDA regulations and also
the EU-US and Swiss-U.S Privacy Shield Frameworks.
10. Termination of the Addendum
This Addendum will continue in force until the termination of our processing in accordance with the
Terms of Service (the “Termination Date”).
11. Return or Deletion of Customer Data
As described in the Covered Services, Customer may be provided a service by HostPapa that may be
used to retrieve or delete Customer Data. Any deletion of Customer Data will be governed by the terms
of the particular Covered Services.
12. Limitations of Liability
The liability of each party under this Addendum will be subject to the exclusions and limitations of
liability set out in the Terms of Service. Customer agrees that any regulatory penalties incurred by
HostPapa in relation to Customer Data that arise as a result of, or in connection with, Customer’s failure
to comply with its obligations under this Addendum and any applicable privacy laws will count towards
and reduce HostPapa’s liability under the Terms of Service as if it were liability to Customer under the
Terms of Service.
13. Entire Terms of Service; Conflict
This Addendum supersedes and replaces all prior or contemporaneous representations, understandings,
agreements, or communications between Customer and HostPapa, whether written or verbal, regarding
the subject matter of this Addendum, including any data processing addenda entered into between
HostPapa and Customer with regard to the processing of personal data and on the free movement of
such data. Except as amended by this Addendum, the Terms of Service will remain in full force and
effect. If there is a conflict between any other agreement between the parties including the Terms of
Service and this Addendum, the terms of this Addendum will control.
Annex 1 - Details of the Processing
1. Nature and Purpose of Processing. HostPapa will Process Personal Data as necessary to perform
the Covered Services pursuant to the Terms of Service, product-specific agreements, and as
further instructed by Customer throughout its use of the Covered Services.
2. Duration of Processing. Subject to Section 10 of this Addendum, HostPapa will Process Personal
Data during the effective date of the Terms of Service, but will abide by the terms of this
Addendum for the duration of the Processing if in excess of that term, and unless otherwise
agreed upon in writing.
3. Categories of Data Subjects. Customer may upload Personal Data in the course of its use of the
Covered Services, the extent to which is determined and controlled by Customer in its sole
discretion, and which may include, but is not limited to Personal Data relating to the following
categories of Data Subjects:
○ Prospects, customers, business partners, and vendors of Customer (who are natural
persons).
○ Employees or contact persons of Customer’s prospects, customers, business partners,
and vendors.
○ Employees, agents, advisors, and freelancers of Customer (who are natural persons).
○ Customer’s Users authorized by Customer to use the Covered Services.
4. Type of Personal Data. Customer may upload Personal Data in the course of its use of the
Covered Services, the type of and extent to which is determined and controlled by Customer in
its sole discretion, and which may include, but is not limited to the following categories of
Personal Data of Data Subjects:
○ Name
○ Address
○ Telephone number
○ Date of birth
○ Email address
○ Other data collected that could directly or indirectly identify a Data Subject.
Annex 2 - Security Standards
I. Technical and Organizational Measures
We are committed to protecting our customers' information. Taking into account the best practices, the
costs of implementation and the nature, scope, circumstances, and purposes of processing as well as the
different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons
we take the following technical and organizational measures. When selecting the measures the
confidentiality, integrity, availability, and resilience of the systems are considered. A quick recovery after
a physical or technical incident is guaranteed.
II. Data Privacy Program
We regularly test, assess, and evaluate the effectiveness of the HostPapa Network and the security of
our facilities.
1. Confidentiality.
We use a variety of physical and logical measures to protect the confidentiality of its customers'
personal data. Those measures include:
Physical Security
● Physical access control systems in place (badge access control, security event monitoring etc.).
● Surveillance systems including alarms and, as appropriate, CCTV monitoring.
● Clean desk policies and controls in place (locking of unattended computers, locked cabinets
etc.).
● Visitor Access Management.
● Destruction of data on physical media and documents.
Access Control & Prevention of Unauthorized Access
● User access restrictions applied and role-based access permissions provided/reviewed based on
segregation of duties principle.
● Strong authentication and authorization methods (multi-factor authentication, automatic
deactivation/log-off etc.).
● Centralized password management and strong/complex password policies (minimum length,
complexity of characters, expiration of passwords etc.).
Security Testing
● Regular network and vulnerability scans.
2. Integrity
Appropriate change and log management controls are in place, in addition to access controls to be able
to maintain the integrity of personal data such as:
Change & Release Management
● Change and release management process including (impact analysis, approvals, testing, security
reviews, staging, monitoring etc.).
● Role & Function based (Segregation of Duties) access provisioning on production environments.
Logging & Monitoring
● Logging of access and changes on data.
● Centralized audit & security logs.
3. Availability
“The availability of services and IT systems, IT applications, and IT network functions or of information is
guaranteed, if the users are able to use them at all times as intended.”
We implement appropriate continuity and security measures to maintain the availability of its services
and the data residing within those services:
● Extensive performance/availability monitoring and reporting for critical systems.
● Incident response programme.
● Critical data either replicated or backed up (Cloud Backups/Hard Disks/Database replication
etc.).
● Planned software, infrastructure and security maintenance in place (Software updates, security
patches etc.).
● Redundant and resilient systems.
● Use of uninterruptible power supplies, fail redundant hardware, and network systems.
● Alarm, security systems in place.
● Physical Protection measures in place for critical sites (surge protection, raised floors, cooling
systems, fire and/or smoke detectors, fire suppression systems etc.).
● DDOS protection to maintain availability.
● Load & Stress Testing.
● Web application firewalls.
4. Data Processing Instructions
We have established internal privacy policies and agreements to ensure personal data is processed in
accordance with customers’ preferences and instructions.
● Privacy and confidentiality terms in place within employee and subcontractor contracts.
● Regular security audits.
● PCI compliance testing.
Annex 3 - Standard Contractual Clauses (Processors)
Note: See Section 9.2 of the Addendum for applicability of these Standard Contractual Clauses.
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors
established in third countries which do not ensure an adequate level of data protection
The entity identified as “Customer” in the Addendum
(the “data exporter”)
and
HostPapa Inc.,
(the “data importer”)
each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate
safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals
for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
Clause 1 - Definitions
For the purposes of the Clauses:
(a) 'personal data', 'special categories of data', 'process/processing', 'controller', 'processor', 'data
subject' and 'supervisory authority' shall have the same meaning as in Directive 95/46/EC of the
European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard
to the processing of personal data and on the free movement of such data;
(b) 'the data exporter' means the controller who transfers the personal data;
(c) 'the data importer' means the processor who agrees to receive from the data exporter personal data
intended for processing on his behalf after the transfer in accordance with his instructions and the terms
of the Clauses and who is not subject to a third country's system ensuring adequate protection within
the meaning of Article 25(1) of Directive 95/46/EC;
(d) 'the sub-processor' means any processor engaged by the data importer or by any other sub-
processor of the data importer who agrees to receive from the data importer or from any other sub-
processor of the data importer personal data exclusively intended for processing activities to be carried
out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the
Clauses and the terms of the written subcontract;
(e) 'the applicable data protection law' means the legislation protecting the fundamental rights and
freedoms of individuals and, in particular, their right to privacy with respect to the processing of
personal data applicable to a data controller in the Member State in which the data exporter is
established;
(f) 'technical and organisational security measures' means those measures aimed at protecting personal
data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or
access, in particular where the processing involves the transmission of data over a network, and against
all other unlawful forms of processing.
Clause 2 - Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are
specified in Appendix 1 which forms an integral part of the Clauses.
Clause 3 - Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to
(e), and (g) to (j), Clause 6, Clause 7(2), and Clauses 8 to 11 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause
6, Clause 7(2), and Clauses 8 to 11, in cases where the data exporter has factually disappeared or has
ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data
exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of
the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause
6, Clause 7(2), and Clauses 8 to 11, in cases where both the data exporter and the data importer have
factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has
assumed the entire legal obligations of the data exporter by contract or by operation of law as a result
of which it takes on the rights and obligations of the data exporter, in which case the data subject can
enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its
own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the
data subject so expressly wishes and if permitted by national law.
Clause 4 - Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to
be carried out in accordance with the relevant provisions of the applicable data protection law (and,
where applicable, has been notified to the relevant authorities of the Member State where the data
exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will
instruct the data importer to process the personal data transferred only on the data exporter's behalf
and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and
organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security
measures are appropriate to protect personal data against accidental or unlawful destruction or
accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves
the transmission of data over a network, and against all other unlawful forms of processing, and that
these measures ensure a level of security appropriate to the risks presented by the processing and the
nature of the data to be protected having regard to the state of the art and the cost of their
implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be
informed before, or as soon as possible after, the transfer that its data could be transmitted to a third
country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause
5(b) and Clause 7(3) to the data protection supervisory authority if the data exporter decides to
continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of
Appendix 2, and a summary description of the security measures, as well as a copy of any contract for
sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the
contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 10
by a sub-processor providing at least the same level of protection for the personal data and the rights of
data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Clause 5 - Obligations of the data importer
Note: Mandatory requirements of the national legislation applicable to the data importer which do not
go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article
13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national
security, defence, public security, the prevention, investigation, detection and prosecution of criminal
offences or of breaches of ethics for the regulated professions, an important economic or financial
interest of the State or the protection of the data subject or the rights and freedoms of others, are not
in contradiction with the standard contractual clauses. Some examples of such mandatory requirements
which do not go beyond what is necessary in a democratic society are, inter alia, internationally
recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its
instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to
inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled
to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the
instructions received from the data exporter and its obligations under the contract and that in the event
of a change in this legislation which is likely to have a substantial adverse effect on the warranties and
obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it
is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate
the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2
before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless
otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law
enforcement investigation,
(ii) any accidental or unauthorized access, and
(iii) any request received directly from the data subjects without responding to that request, unless it
has been otherwise authorized to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of
the personal data subject to the transfer and to abide by the advice of the supervisory authority with
regard to the processing of the data transferred;
(f) to make available to the data subject upon request a copy of the Clauses, or any existing contract for
sub-processing, unless the Clauses or contract contain commercial information, in which case it may
remove such commercial information, with the exception of Appendix 2 which shall be replaced by a
summary description of the security measures in those cases where the data subject is unable to obtain
a copy from the data exporter;
(g) that, in the event of sub-processing, it has previously informed the data exporter and obtained its
prior written consent;
(h) that the processing services by the sub-processor will be carried out in accordance with Clause 10;
(i) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data
exporter.
Clause 6 - Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights
and/or claims compensation for damages under the Clauses, the data importer will accept the decision
of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory
authority;
(b) to refer the dispute to the exclusive jurisdiction in which the data importer is established. For clarity,
all disputes must be initiated in the courts in the province of Ontario in the country of Canada.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or
procedural rights to seek remedies in accordance with other provisions of national or international law.
Clause 7 - Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so
requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data
importer, and of any sub-processor, which has the same scope and is subject to the same conditions as
would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation
applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any
sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the
measures foreseen in Clause 5 (b).
Clause 8 - Governing Law
The Clauses shall be governed by the law of the where the data importer is established. For clarity, the
governed laws of Canada and Province of Ontario.
Clause 9 - Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding
clauses on business related issues where required as long as they do not contradict the Clause.
Clause 10 - Sub-processing
1. The data importer shall not subcontract any of its processing operations performed on behalf of the
data exporter under the Clauses without the prior written consent of the data exporter. Where the data
importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall
do so only by way of a written agreement with the sub-processor which imposes the same obligations
on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor
fails to fulfil its data protection obligations under such written agreement the data importer shall remain
fully liable to the data exporter for the performance of the sub-processor's obligations under such
agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a
third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to
bring the claim for compensation against the data exporter or the data importer because they have
factually disappeared or have ceased to exist in law or have become insolvent and no successor entity
has assumed the entire legal obligations of the data exporter or data importer by contract or by
operation of law. Such third-party liability of the sub-processor shall be limited to its own processing
operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in
paragraph 1 shall be governed by the laws where the data importer is established. For clarity, the
governing laws of Canada and the province of Ontario.
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and
notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The
list shall be available to the data exporter's data protection supervisory authority.
Clause 11 - Obligation after the termination of personal data processing services
1. The parties agree that on the termination of the provision of data processing services, the data
importer and the sub-processor shall, at the choice of the data exporter, return all the personal data
transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify
to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it
from returning or destroying all or part of the personal data transferred. In that case, the data importer
warrants that it will guarantee the confidentiality of the personal data transferred and will not actively
process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of
the supervisory authority, it will submit its data processing facilities for an audit of the measures
referred to in paragraph 1.
Appendix 1 to the Standard Contractual Clauses
Data exporter: The data exporter is the entity identified as “Customer” in the Addendum
Data importer: The data importer is HostPapa Inc., a provider of hosted services.
Data subjects: The processing operations are defined in Section 1.3 and Annex 1 of the Addendum.
Categories of data: The processing operations are defined in Section 1.3 and Annex 1 of the Addendum.
Processing operations: The processing operations are defined in Section 1.3 and Annex 1 of the
Addendum.
Appendix 2 to the Standard Contractual Clauses
This Appendix forms part of the Clauses. By purchasing Covered Services from HostPapa, the Addendum
and this Appendix 2 are deemed accepted and executed by and between the parties.
Description of the technical and organisational security measures implemented by the data importer in
accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
The technical and organisational security measures implemented by the data importer are as described
in the Addendum, specifically in Annex 2, which is incorporated and attached to it.
