Permission to Host Your Content For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Acceptable Use/Illegal Activity Color Host strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

* Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited. * Hosting of files or other data that infringes on another's copyright or other intellectual property rights. * Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. * Uploading or linking to any content that violates another's right of publicity or privacy. * Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory. * Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. * Hosting large amounts of data not specifically tied ("linked") to your hosting account. Color Host Ltd. encourages users looking for file storage/backup solutions to seek other services that specialize in this.

Examples of unacceptable material on Are servers include:

1. Illegal use, according to U.S. and international laws.
2. Threatening Material
3. Fraudulent Content
4. Forgery or Impersonation
5. Unsolicited Content
6. Copyright Infringements
7. Collection of Private Data (Unless DPA Registered)
8. Viruses
9. IRC Networks (Including all IRC Material)
10. Peer to Peer software
11. Any Adult Content
12. Proxy scripts
13. File hosting/data warehousing
14. Sites without index pages and/or sites without publicly visible index pages

These Rules Can be allowed for certain Clients, and There then not breaking the agreement.
ColorHost Does not refund on Yearly Purchases, Only monthly purchases. We also do not allow refunds without a valid reason, if the reason isn't valid we reserve the right to not refund. We also reserve the right to give half or partial refunds as we see fit for products. We also do not refund products after 5 days of the purchase date.

If your abusing staff, we also reserve the right to suspend or terminate the service you have, treat others how you would like to be treated.

Resource Usage

User may not:

• Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• 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")

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 25% of the server resources and/or 25% of the server's CPU. This means that if your website is found to be utilizing more than 25% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Reseller Rules

• Reseller Cannot give out Free accounts (Only Post-To-Host or Paid)
• Resellers may not used Nulled Scripts (Example:WHMCS,ClientExec,Ipanel)
• Hosting abusive accounts, 3 warnings then your account gets suspended and you need to pay an activation fee of 10$.

Misuse Of Resources: Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC/Shout Box, web proxy, paid to click and mailing list scripts are not allowed on our network under any circumstances. Streaming media, audio, video and shout cast(shout cast only allowed on Shout cast plans, this applies to shared hosting server) can be a drain on web server resources and as such is not allowed. Image hosting where our servers are used to store and serve images. Busy message forums and game / gamers sites are often found to use excessive system resources. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden. No site may use a high percentage of CPU or Memory (10%+) usage.

ShoutCast Customers Rules a Regulations: Shoutcast customer can be disabled at anytime if found to be abusing tons of server RAM and or CPU, We have to right to charge a fee of 10.00 To reinstate radio if this happens. AutoDJ customers radios will run 24/7 under some conditions: if the radio is found to take up 10% of CPU while under AutoDJ we reserve the right to suspend, and charge the fee above.

Customer Data lost/Corruption: We can not be held responsible for any data lost or corrupted apon any server mishap, We always warn clients to keep constant copies of there site backed up in case of emergencies.

OpenVZ Minecraft Rules a regulations: Minecraft is NOT permitted on our OpenVZ servers as of (8/24/11) Any Minecraft server running before this rule was in effect is okay to run there server.

THIS TOS CAN BE UPDATED OFTEN, SO CHECK BACK. (Revised:August,24th 2011.)