Whereas, Cyb3rWeb is an information provider connected to the Internet. Cyb3rWeb offers storage and transfer services over the Internet through access to its Web Server;
Whereas, The customer seeks to utilize Cyb3rWeb’s server for its own purposes;
Whereas, Any parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Cyb3rWeb can make no guarantee that any given reader shall be able to access Cyb3rWeb's server at any given time. Cyb3rWeb represents that it shall make in good faith, any effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
Whereas, the party has authority to enter into this agreement on behalf of the Company, if applicable; Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
I. Financial Arrangements:
1. YOUR USE OF Cyb3rWeb’S FACILITIES AND SERVERS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO PAY FOR THE SERVICES BEING UTILIZED BY YOU.
2. Customer agrees to a contract of the term specified below, beginning upon commencement of service.
3. Fee for the term specified below, shall be due upon receipt of contract. Said amount is fully refundable if notice of cancellation is received within 14 days of commencement of services.
4. This agreement will automatically renew for successive periods of the original length for the life of the contract until canceled in writing. Customers expressly agree to have their credit card account billed for the recurring charges for the life of the contract including any automatic renewal periods, and further authorize Cyb3rWeb to process such charges on a monthly basis.
II. Taxes:
Cyb3rWeb shall not be liable for any sales and use taxes, or other fees to be paid in accordance with or related to purchases made from Customer or Cyb3rWeb's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Customer will provide Cyb3rWeb with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Cyb3rWeb. Cyb3rWeb shall make no effort to validate this information for content, correctness or usability.
2. Use of Cyb3rWeb's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Cyb3rWeb to provide this knowledge or Customer Support outside of the defined service of Cyb3rWeb.
3. Cyb3rWeb will exercise no control whatsoever over the content of the information passing through the network.
Cyb3rWeb makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Cyb3rWeb expressly disclaims any warranty of merchantability or fitness for particular purpose, and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Cyb3rWeb is at the Customer's own risk, and Cyb3rWeb specifically disclaims any and all responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to a given server, and does not represent a guarantee of available end-to-end bandwidth. Cyb3rWeb expressly limits its liability to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Cyb3rWeb specifically disclaims any liability for any actual, consequential, or incidental damages arising as a consequence of such unavailability.
In the event that the Customer’s material is not "Server-ready", Cyb3rWeb may, at its option and at any time, reject any such material, including but not limited to, after its placement on Cyb3rWeb's Server. Cyb3rWeb agrees to notify Customer immediately of its refusal of the material and will afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cyb3rWeb. If the Customer fails to modify the material, as directed by Cyb3rWeb, within a reasonable period of time, which shall be agreed upon by the parties, this Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Customer warrants that it has the right to use the applicable trademarks, if any. Customer further agrees that it shall indemnify and hold Cyb3rWeb harmless for any damages, costs and expenses it may incur as a result of any claimed infringements of any party’s trademark and copyright rights, including, without limitation, any damages awards, assessments, costs, expenses, and attorney’s fees incurred.
V. Hardware, Equipment & Software:
The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cyb3rWeb. Cyb3rWeb makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Cyb3rWeb service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Cyb3rWeb may not be used to impersonate another person or to misrepresent authorization to act on behalf of others or Cyb3rWeb. All messages transmitted via Cyb3rWeb should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be faxed or, mailed. Cyb3rWeb will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, Cyb3rWeb may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, or of its Acceptable Use Policies, which are incorporated herein by reference, including non-payment. Cyb3rWeb reserves the right to charge a reinstatement fee. Cyb3rWeb will not refund any moneys prorated for a given month, and only pre-payments for future months will be refunded at any time and for any reason.
IX. Limitations on Cyb3rWeb’s Liability to Customer:
1. Customer expressly agrees that use of Cyb3rWeb's Server is at Customer's sole risk. Neither Cyb3rWeb, its employees, affiliates, agents, third party information providers, merchants licensors or the like, warrant that Cyb3rWeb's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cyb3rWeb Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including through any alleged negligence, shall any of Cyb3rWeb, its offices, agents or any one else involved in creating, producing or distributing Cyb3rWeb's Server service, be liable to the Customer or to any other party for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Cyb3rWeb Server service; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Cyb3rWeb's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Cyb3rWeb's Server service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Customer may only use cyb3rWeb's Server for lawful purpose. Trans mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
XI. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Cyb3rWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Cyb3rWeb, its agents, its customers, servants, 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 Cyb3rWeb against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Cyb3rWeb's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on Cyb3rWeb’s Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Cyb3rWeb Services as specified in Section I. Financial Arrangements.
XIII Transfer:
Customer may not transfer this agreement without the written consent of Cyb3r.
XIV. Content
All services provided by Cyb3rWeb may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Cyb3rWeb from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Cyb3rWeb servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Cyb3rWeb will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Cyb3rWeb servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez Sites
Cyb3rWeb will be the sole arbiter as to what constitutes a violation of this provision.
XVI. Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an Cyb3rWeb server or using an email address or domain that is maintained on an Cyb3rWeb machine as reference is STRICTLY prohibited. Cyb3rWeb will be the sole arbiter as to what constitutes a violation of this provision.
XVII. Chat Rooms.
We do allow clients to install their own chat rooms, but said chat rooms may not use IRC. You may install a flash chat, PHP chat, or the like. Cyb3rWeb monitors these chat rooms, and reserves the right to shut down the chat application without warning, if service is degraded due to large drains on system resources.
XVIII. Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
XIX. IRC
We do not allow IRC or IRC bots to be operated on our servers.
XX. Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Cyb3rWeb is strictly prohibited.
XXI. Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers of Cyb3rWeb must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
This Agreement constitutes the entire understanding of the parties. It specifically includes the terms and provisions of Cyb3rWeb’s Acceptable Use Policies, the terms and provisions of which are expressly incorporated herein by reference. Any changes or modifications to this Contract thereto are agreed to by the both parties upon any periodic renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the United Kingdom and of the Internet.
YOUR USE OF Cyb3rWebS SERVICES CONSTITUTES YOUR EXPRESS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.