COB5 provides services made available at our internet website at: www.cob5.com, subdomains and related sites (“website”), which enables users, amongst other things, to upload, store, manage, download, encrypt and decrypt files, information, material and other data (“data”) and provide access to that data to others (all together, services).

COB5 provides web hosting subscription services, which enable users to upload, store, manage, download, website content; as well as transmit and receive email messages. If you have questions about how to use these services please contact us at COB5, by visiting the https://www.cob5.com/contact-cob5/ page on this website.

These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or COB5 services. By using COB5 services or the website, you and they are agreeing to these terms.

COB5 reserves the right to change these terms at any time and COB5 will notify you regarding changes, via the COB5 website, here on this web page. Your continued use after that notice means you agree to the changed terms.

If you comply with these terms, COB5 grants you a non-exclusive, non-transferable, worldwide license to access and use COB5 services in accordance with these terms and any COB5 subscription plan you have subscribed for.

Passwords

When you register with COB5, you will have a password associated with your specific username, that is part of your subscription account. You need to make sure your username and password are secure and confidential. Advise COB5 immediately if you think someone else has used your password or if there has been any other security breach. COB5 would hold you responsible for any activities using your username and password.

Payment Agreement

If you purchase hosting subscriptions or any other services, you agree to pay for any and all fees related to that service. COB5 may change the fees for services at any time if COB5 provides you notice on a web page that communicates the cost for each or such services. You cannot withhold payment for any reason or claim any credit without obtaining COB5 written agreement.

If at any time you do not make a payment for services or products to COB5, COB5 can suspend or terminate your use of any and all services, with no refund provided.

You must:

  1.  make sure you always keep your contact and billing details up to date, particularly if these change;
  2. comply with these terms and any other agreements you have with COB5;
  3. make sure that you comply with all laws and rules that relate to your use of the website, the services provided by COB5, and any data you upload using COB5 services.

Suspension and Termination

You can terminate your access to web hosting services at any time by sending an email to billing.support@cob5.com requesting termination. No refunds are provided after the first 30 days of the invoice date for services. If you terminate Services after the first 30 days and prior to the last day of your billing cycle, there will be no refund provided. A refund may be provided ONLY if you terminate your services WITHIN 30 days of a new or renewal invoice date for services, that you have paid; at NO other times are refunds provided.

COB5 can immediately suspend or terminate your access to any and all services without notice if you breach any of these terms or any other agreement you have with COB5. If do not have a service account with COB5, COB5 may suspend or terminate your access to any and all COB5 websites and COB5 services at any time, without notice, and without refund.

COB5 may also terminate or suspend any and all services or any part of services, for all users or for groups of users, at any time and for any reason. All charges outstanding on your account must be paid at termination.

Data

You should maintain copies of all data stored by you on any and all services. COB5 does not make any guarantees that there will be no loss of data or that the services will be free of problems. You are completely responsible for the removal of all data prior to the termination of services.

You should keep any encryption keys, or SSL certificates, safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your encryption keys, you can lose access to your data. You must keep a backup copy of SSL certificates installed by you or for you.

If you allow others to access your data, in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and any services and you agree to fully indemnify COB5 for any claim, loss, damage, fine, costs (including legal fees) and other liability if they breach any of these terms.

COB5 will store your data on any service under these terms and any plan you subscribe to. If you choose to stop using any services, you need to make sure you retrieve your data first because COB5 may delete it afterwards. If COB5 suspends or terminates your services because you or someone you have provided access to has breached these terms, during the term of that suspension, COB5 may deny access to or delete your data. In circumstances where COB5 ceases providing all or part of COB5 services for other reasons, COB5 will, if reasonably practicable and COB5 is not prevented by law from doing so, provide you a 30 days access to retrieve your data.

Intellectual Property

The license COB5 provides for the use of this website and related services or products does not give you the right to reproduce or use any copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed by any open source licenses under which COB5 uses intellectual property provided by others.

You own or warrant that you are authorized to use any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from any service. You grant COB5 a worldwide, royalty free license to use, store, back-up, copy, transmit, distribute, communicate and otherwise make your data available for the purpose of enabling you and those authorized to log in your account to use the website and the services and for any other purpose related to the service.

You are not allowed to, and you can’t let anyone else, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile (by any means whatsoever) or use any of our copyright, intellectual property or other rights without obtaining COB5 permission first in writing, unless in order to use COB5 services and the website or as allowed under any open source licenses under which COB5 uses intellectual property provided by others.

Copyright Protection

COB5 respects the copyright of others and require users to comply with copyright laws. Users are strictly prohibited from using COB5 services to infringe any copyright. You may not store, share, display, stream, distribute, email, link, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.

COB5 responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Canada Copyright Modernization Act (“Notice and Notice”), as well as the United States Digital Millennium Copyright Act (“DMCA”).

If you believe that your content has been copied or used in a way that constitutes copyright infringement, please please visit this page: https://www.cob5.com/copyright/ and provide COB5 with the following information: (1) a signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material including for example the uniform resource locator(s) (URL); (4) your contact information, including your address, telephone number, and an email address; (5) a statement from you claiming you have 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 (unless applicable law says otherwise), you are authorized to act on behalf of the copyright owner.

Restrictions

In your use of any COB5 services, you are restricted from doing any of the following:

  1. reselling or otherwise supplying our services to anyone else without prior written consent from COB5;
  2. infringing any intellectual property (including but not limited to copyright) or other rights in any material;
  3. doing anything that would damage, disrupt or place an unreasonable burden on the COB5 website, servers, network, or any COB5 provided service or any other party use of the COB5 website or any service including but not limited to denial of service attacks or similar;
  4. assigning or transferring any rights you have under these terms to any other person without obtaining a written agreement with COB5;
  5. using the COB5 website or any service COB5 provides, including, without limitation, any communication tools available through the COB5 website, or any forum, chat room or message center that COB5 provides:
  • to upload or otherwise introduce any Trojan horses, time bombs, fork bombs, viruses, worms, bots or any other damaging items which could interfere with COB5, or anyone else’s, network or computer system
  • to download, upload, store, use, or otherwise transmit data in violation of any law (including to breach copyright or other intellectual property held by COB5 or anyone else)
  • to run any network scanning software, spiders, spyware, robots, search, open relay or similar software
  • to attempt to gain unauthorized access to any services other than those to which you have been given express permission to access
  • to use any software or device which may hinder any services (like war dialing, mail bombs, etc.)
  • to download, upload, store, use, or otherwise transmit unsuitable, offensive, obscene or discriminatory information of any kind
  • to send unwelcome communications (including but not limited to unsolicited commercial communications) to anyone. Email lists or transmission of bulk email is expressly prohibited. Transmission of multi-recipient email is expressly prohibited.
  • to attempt to trick or defraud anyone for any reason
  • to threaten, defame, abuse, stalk, or harass anyone.

Regarding email: Bulk or multi-recipient email must be sent via an outside, third party bulk mail provider. Bulk or multi-recipient email is not permitted to transmit over our network or services. Third party bulk mail providers can help you ensure compliance with Canada’s CASL legislation, as well as the CAN-SPAM Act of the United States.

Export Control

By using the COB5 website and services, you represent and warrant that you will not use the website or services for any purpose prohibited by Canada, or any other law, including, without limitation, human trafficking, child pornography; crimes of hate, human abuse, animal abuse, the development, design, manufacturing or production of missiles, nuclear, chemical or biological weapons.

Communication Conditions

As with any other web-based services, you must exercise care when using any communication tools available on your website. However, while COB5 is not obliged to, COB5 retains the right to remove any communication at any time, for any reason or no reason, without any liability to you or to COB5.

Severability and Waiver

If any provision of these terms is held to be incomplete or unenforceable, the remaining provisions will remain in full force and effect. If COB5 does not impose any right or provision of these terms or if COB5 in any instance grants any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate COB5 to grant any compromise or allowance to anyone else.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COB5 (INCLUDES COB5 EMPLOYEES, OFFICERS, AGENTS AND RESELLERS) IS NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR SERVICES, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, THE COB5 WEBSITE, ALL SERVICES, OR ANY SERVICES COB5 PROVIDES AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

IF YOU ARE NOT SATISFIED WITH ANY SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS. NO REFUNDS ARE PROVIDED WHEN TERMINATING PAID OR UNPAID SERVICES AFTER THE FIRST 30 (THIRTY) DAYS OF THE INVOICE DATE. ALL SERVICES ARE PROVIDED AS IS.

YOU SHALL REDRESS COB5 AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU PROVIDE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.

DESPITE THE ABOVE, IF ANY COURT HOLDS COB5 (INCLUDES COB5 OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR COB5 SERVICES, THE COB5 TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID TO COB5 TO USE THE SERVICES FOR THE PREVIOUS MONTH.

DISCLAIMER

COB5 DOES NOT PROVIDE ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE WHICH ARE PROVIDED “AS IS”. TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.

COB5 will strive to provide you access to the COB5 website, and all services, all the time, but COB5 does not make any promises or provide you with a warranty that the COB5 website or services will be interruption or fault free.

Whilst COB5 intends that the services should be available 24 hours a day, seven days a week, it is possible that on certain occasions the website or services may be unavailable to permit maintenance or other activity to take place or be periodically interrupted for reasons beyond COB5 control.

COB5 does not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine if the services meet your needs and are suitable for the purposes for which they are used.

Information on the COB5 website will change regularly. COB5 will try to keep the COB5 website up to date and correct, but again, COB5 does not make any promises or guarantees about the accuracy of the information on the COB5 website.

COB5 also is not legally responsible for:

  1. non-compliance to the instructions, terms or the COB5 Privacy Policy;
  2. any corruption or loss of data or other content which you or anyone else may experience after using the COB5 website, any COB5 services that COB5 provides you, or any problems you may;
  3. devices or equipment that COB5 does not own, or has not provided you
  4. any actions or non-actions of other people which disrupt access to the COB5 website and all COB5 services, including the:
  • content of any data
  • content of any advertisements appearing on the COB5 website (including links to advertisers’ own websites) as the advertisers are responsible for the display (COB5 does not endorse the advertisers’ products or services)
  • content of other people’s websites even if a link to their website is included on the COB5 website (COB5 only includes such links for your convenience)

You warrant that if you are accessing and using any services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer warranties or legislation intended to protect non-business consumers in any jurisdiction do not apply to the supply of the services, the COB5 website or these terms.

Disputes and Choice of Law

The laws of Ontario, Canada, will apply to any disputes arising out of or relating to these Terms of Service. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or provincial courts of York Region, Ontario, Canada, and you and COB5 consent to personal jurisdiction in those courts.

  1. Notice must be provided to apply for any interim measure in any arbitration proceeding;
  2. Arbitration shall be in English. The Arbitrator in his or her discretion may permit the parties and witnesses to appear on video conference.

Force Majeure

COB5 will not be liable by reason of any failure or delay in the performance of any COB5 obligations because of events beyond the reasonable control of COB5, which may include, without limitation, acts of God, denial-of-service attacks, excessive volumes of spam email, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, third parties blocking reception of email, construction related accidents, power loss, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, earthquakes, (each a “Force Majeure Event”).

Upon the occurrence of a Force Majeure Event, COB5 will be excused from any further performance of the obligations that are affected by that Force Majeure Event for so long as the event continues.

Information and Privacy

COB5 reserves the right to disclose data and other information as required by law.

You and anyone else you provide access to are also bound to the COB5 Privacy Policy (available on our website at
https://www.cob5.com/privacy/). By accepting these terms, you also accept the COB5 Privacy Policy.

Notices

You can contact COB5 by writing to contact.us@cob5.com. If COB5 needs to contact you or notify you, COB5 will email you at the address contained in the client account details of the services you use and/or through any internal messaging system we may provide.

Rights to Third Parties

Employees, officers, agents, authorized suppliers of services to and authorized resellers of, COB5 services, are entitled to benefit from all indemnities and other provisions of these terms which are for the benefit of COB5.

Entire Agreement

These terms above (“Terms of Service”), and the COB5 Privacy policy, and the terms of any plan you purchase, and any other provisions expressly referenced to in these terms, together constitute the entire agreement between us relating to your use of the COB5 website and COB5 services.

They supersede and replace any prior agreement, arrangement or understanding between you and COB5 regarding the COB5 website and COB5 services.

Updated: April 22, 2017

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