The use of services from Cold Sweat-Chicago LLC constitutes agreement to these terms.
You may view our Privacy Policy HERE.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. This is your responsibility, We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content
All services provided by Cold Sweat-Chicago LLC may only be used for lawful purposes. The laws of the State of Illinois, the State of Indiana, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Cold Sweat-Chicago LLC from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please visit the copyright infringement page about what to do and how. A list of required information may be found HERE. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

We reserve the right to refuse service to anyone, for any reason at any time. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us from our Contact Form and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice.

Reseller Customers: Your clients services will be terminated immediately and you will be notified.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read http://www.coldsweat-chicago.com/mailpolicy.html for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Cold Sweat-Chicago LLC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Cold Sweat-Chicago LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Cold Sweat-Chicago LLC.

As a client of Cold Sweat-Chicago LLC, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Cold Sweat-Chicago LLC provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $10 late fee and 10 days will result in an account suspension until account balance has been paid in full. Termination of accounts will result in all accounts 30 days past due. All account settings and all files in cPanel will be un-retrievable at that point!

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact us from our Contact Form.

Cold Sweat-Chicago LLC reserves the right to change the monthly payment amount and any other charges at anytime.

Free Domain Names that are provided by Cold Sweat-Chicago LLC because of your choosing a certain package are yours. They are however conditional to you keeping your site for the duration of the year and keeping your account balance current. If you should choose to cancel your subscription at any time prior to the year term, or let your account go into arrears, the domain name will be transferred back into the name of the Cold Sweat-Chicago LLC member that originally purchased the product. If you desire to keep the domain name an invoice will be created and you agree to pay for the domain name, times the amount of years it has on it at the current price plus a $50 administration fee. The Domain Name is free for the first year only. Consecutive years are your responsibility and will be billed to you at the current rate charged by Cold Sweat-Chicago LLC.

Re-Instatement of services resulting of delinquent, suspended  or terminated accounts will be charged a $25 administration fee. Re-instatement of accounts that have been cancelled by the client will be charged an administration fee of $50 and may be subject to the original cost of building the site if the client had the site built by Cold Sweat-Chicago LLC but had not paid the fees to do so.

5.) Backups and Data Loss
Your use of the service is at your sole risk. Cold Sweat-Chicago LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cold Sweat-Chicago LLC servers.

6.) Cancellations and Refunds
Cold Sweat-Chicago LLC reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the cancellation button at https://www.coldsweat-chicago.com/order/clientarea.php. Cold Sweat-Chicago LLC gives you an unconditional 30 day money back guarantee on managed shared hosting solution's. This is only for monthly packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
We reserve the right to refund a prorated amount or no refund at all.
Each of Cold Sweat-Chicago LLC's managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.

9b.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99% uptime ( calculated monthly ) you may receive one month of credit on your account. Approval of the credit is at the discretion of Cold Sweat-Chicago LLC dependent upon the justification you provide. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact us from our Contact Form with justification. All requests must be made in writing via this form. Acts of God and Disasters at data centers where equipment may be stored and not under Cold Sweat-Chicago LLC control are not covered under this guarantee.

10.) Shared Accounts and Reseller Accounts on Shared Servers
Shared accounts may not resell web hosting to other people. You must maintain your own backups. Resellers and their clients on a shared server are bound by Cold Sweat-Chicago LLC's policies. Resellers may purchase a Dedicated Server through Cold Sweat-Chicago LLC and make policy of their own but are still governed by all legal implications of Cold Sweat-Chicago LLC and Mail/Privacy Policy of same.

11.) Price Change
We reserve the right to change prices listed on Cold Sweat-Chicago.com, and the right to increase/decrease the amount of resources given to plans at any time.

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Cold Sweat-Chicago LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cold Sweat-Chicago LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cold Sweat-Chicago LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cold Sweat-Chicago LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Cold Sweat-Chicago LLC's server.

12b.) Arbitration
By using any Cold Sweat-Chicago LLC services, you agree to binding arbitration. If any disputes or claims arise against Cold Sweat-Chicago LLC or its subsidiaries, such disputes will be handled by an arbitrator of Cold Sweat-Chicago LLCs choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
Cold Sweat-Chicago LLC shall not be responsible for any damages your business may suffer. Cold Sweat-Chicago LLC makes no warranties of any kind, expressed or implied for services we provide. Cold Sweat-Chicago LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Cold Sweat-Chicago LLC and its employees.

14.) Disclosure to law enforcement
Cold Sweat-Chicago LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

15.) Changes to the TOS
Cold Sweat-Chicago LLC reserves the right to revise its policies at any time without notice.