colo4jax.com Customer Agreement 1. Payment - colo4jax.com will typically invoice customers at least three days before any invoice is due. If payment is not made by the due date for any reason, customer will incur a $10 USD late charge, and customer's account will be said to be delinquent. Delinquent accounts are subject to disconnection with no recourse. If service is disconnected and customer desires to continue doing business with colo4jax.com, a reconnection fee will be due immediately preceding the re-connection of customer's service, the amount of such fee will be at colo4jax.com's sole discretion, and shall not exceed $50 USD. colo4jax reserves the right to refuse service to customer if customer's equipment is disconnected for nonpayment. colo4jax may impose additional terms and conditions in order to reconnect customer's service. In the event of reconnection at customer's request, payment will be applied as of the original due date and customer's recurring billing date will not be adjusted. Reseller discounts to eligible customers will be witheld in the case of delinquent accounts. colo4jax reserves the right to reallocate resources from delinquent customers, and/or modify delinquent customer's service description without notice or obligation. All payments are due in US Dollars, and colo4jax.com holds no responsibility for customer's lack of understanding in the case of foreign currency exchanges used to settle debts with colo4jax.com, if applicable. Customers may request a PayPal subscription to be created for automatic processing of customer's payments to colo4jax. All payments must be conferred in a method which is instantly payable to colo4jax; credit card payments through PayPal are sufficient. colo4jax will credit customer's account for payments upon the actual receipt of funds by colo4jax. Customers are discouraged from using PayPal e-checks for payment because of this. Customer will incur and pay for all costs of collection and related expenses on delinquent accounts. 1a. Fraud - colo4jax may examine new orders from time to time for the purpose of analyzing the potential for fraud. Utilizing proprietary methodologies being unknown to customers and working in concert with our payment processors, colo4jax reserves the right to refuse orders for fraud or for any other purpose it deems necessary. Orders not refused as fraud may be held for a period of time specified by our payment processors or other pertinent interests or parties with no recourse to customer. 2. Commitment - services are committed on a month-to-month basis unless otherwise agreed, with a 3 day window to cancel your services. Any cancellations must be made in the three days preceding your bill's due date. Otherwise, the service will automatically renew itself for another month. Nothing in this agreement will affect the survivability of the agreement and its remedies unless cancellation is made in accordance with this policy. 3. AUP - Customer is bound to our Acceptable Use Policy (AUP) located at http://www.colo4jax.com/aup.txt and customer agrees that colo4jax.com is the sole arbiter as it pertains to the determination of violations of the AUP. Most AUP violations will be handled by notifying customer of said violation and allowing a time window, at our discretion, for correction of said violation. However, this is not the only remedy available to us. We reserve the right to drop or limit traffic and/or terminate this agreement, providing no recourse to customer. Customer agrees that the cost to colo4jax.com of customer's abuse is said to be inquantifiable, and as such, colo4jax.com will use any monies or security interests obtained or retained as liquidated damages. colo4jax.com expressly prohibits the presence of any bit of data, which in our sole discretion, constitutes a tool that could be used to violate the AUP. If any such tool is found at any time, colo4jax may take action under the provisions of this agreement, including but not limited to, limiting or dropping traffic, or terminating this agreement providing no recourse to the customer. If customer traffic is dropped or limited, colo4jax reserves the right, in our sole discretion, to charge customer a reconnection fee and/or to impose additional terms and conditions in order to reconnect customer's service. 4. Amendments - colo4jax.com may amend this agreement, located at http://www.colo4jax.com/ca.txt at any time without notice to customer. Changes will become binding as soon as they are posted; this is a living and evolving document. Customer is advised and encouraged to check back frequently for updates. 5. Reporting - colo4jax.com reserves the right to share our experiences with regard to individual customers in any way that we see fit. This includes, but is not limited to, sending accounts to collections, making statements about customers to credit reporting agencies, or to the general public. colo4jax.com will comply with the requests of all law enforcement agencies of competent jurisdiction, with or without court order, at colo4jax's sole discretion. 6. Transitory Communication - colo4jax.com occupies the entire domain of ownership with respect to bits of information transiting our equipment and network infrastructure. colo4jax.com may, at any time, take flow samples, actual traffic samples or captures, statistical analysis, and any other captures of transitory information, as colo4jax.com deems necessary in its sole discretion, to maintain the integrity of its network and service offering. colo4jax.com's upstream transitory carriers of information may also reserve that right as necessary to maintain the integrity of its respective network and service offering. 7. Jurisdiction - colo4jax.com is headquartered in Jacksonville, FL (Duval County), which shall be the locality and jurisdiction for all transactions between customer and colo4jax.com. Any action by colo4jax.com or by customer is subject to the laws and procedures of Duval County, Florida, USA. 8. Entire Agreement - this is the entire agreement between customer and colo4jax.com, and supercedes any other agreements or communications. 9. Transfer - customers are billed either per-GigaByte or unmetered. Unmetered customers will be capped at the unmetered transfer rate, as specified during signup. Metered (per-GB) customers are allowed to transfer the number of Gigabytes specified during signup, and may utilize no more than ten percent of their monthly transfer allocation during a single 24 hour period. colo4jax.com reserves the right to limit customer's rate of transfer if customer is found to be, in our sole discretion, in violation of this provision. This policy will be construed end enforced as to prevent colo4jax's overall 95th percentile utilization from climbing significantly as a result of the actions of a single customer. Additional transfer will be billed at $0.20 per gigabyte. 10. Security - customer grants colo4jax.com an exclusive security interest in customer's data and colocated equipment (if applicable) in order to satisfy any debts that customer may incur under this agreement, entitling colo4jax.com all available remedies available under law in Duval County, Florida. 11. Inspection - customer grants colo4jax.com the right to inspect the resources used to provide customer's service, including server hardware, as well as information stored such resources, at any time and any frequency as colo4jax.com sees fit, in its sole discretion. 12. Truthfulness in communication - colo4jax.com requires customers to be factual and truthful in all communication. If customer materially purports information to colo4jax that is found to be, in colo4jax's sole discretion, inaccurate or less than wholy and absolutely truthful, customer is said to have committed an abuse violation and will be subject to the Abuse provisions herein. Violations of this premise are subject to the penalties for abuse, or any other penalty as provided in the agreement. 13. Applicability - This agreement applies to all contracts or agreements for service that customer has with colo4jax.com. Any penalty for violation of this agreement may, at colo4jax's sole discretion, be applied equally or unequally to any contracts or agreements for service. 14. Extension of agreement - colo4jax.com reserves the right to attach additional terms and conditions to this agreement on a per-customer or per-contract basis, in our sole discretion. If additional terms are to be attached, they shall be binding upon colo4jax.com transmitting an email to customer (using the most current email address for customer that is on file at the time), enumerating those additional terms and conditions. The interpretation and determination of applicability or violation of these additional terms and conditions shall be at colo4jax.com's sole discretion. 15. Prohibition of Adult Content - colo4jax.com expressly prohibits the storage and transmission of materials that are prohibited by law for persons under 18 years of age in Duval County, Florida. This definition will be liberally construed to include all nude images, depictions and cartoons, even that which exists under the guise of "art". This provision supercedes any conflicting provision in our Acceptable Use Policy. A violation of this provision will result in immediate termination without recourse. 16. Abuse - colo4jax enjoys a good relationship with our vendors and partners, and endeavors to maintain an abuse-free, trouble free operation. In the event of an allegation of abuse, colo4jax will contact customer to inform customer of such abuse. If the abuse report is found to be credible, customer will be assessed a $1 abuse handling fee, except in the case of abuses deemed in the sole discretion of colo4jax to be an "egregious abuse" whereby the fee is $10. colo4jax expressly prohibits free web hosting on its network. colo4jax shall not levy an abuse handling fee if colo4jax terminates customer's service. No provision of this section will nullify those in section 3. 17. Colocation - customers who retain colo4jax to house their own hardware will be said to be colocation customers. colo4jax will provide power and a connection to colo4jax's network under this service. Maintenance to customer's colocated equipment will be performed only by customer, or by colo4jax at colo4jax's then-prevailing rates. For sub-cabinet colocation customers who require an escort, access is given by appointment only, Monday through Saturday, 9am to 6pm EST. 18. Management services - colo4jax will not perform management functions for customers unless specifically requested by the customer to do so, or unless colo4jax believes it is necessary to maintain any covenant of this agreement or other fiduciary duties, whether at law or otherwise, as determined in our sole discretion. Management may be billable at prevailing rates. Reboots, OS reloads and hardware troubleshooting of colo4jax's hardware do not fall under the guise of management, and thus are not billable. However, colo4jax shall solely make determinations as to the extent that any of the aforementioned services will be performed, if at all. 19. Modification of services - colo4jax may modify customer's service parameters from time to time, with or without prior notice to customer, so long as such modification enures to the benefit of customer in colo4jax's sole determination. No price increase shall be binding upon customer unless said increase does not exceed ten percent of customer's existing monthly recurring charge for said service.