CyberWEB Networks Inc.
1661 Laurel Run Road
Bear Creek, PA 18702
Service Agreement
In this document the word "Client" refers to
persons who use services provided by
Acceptable Use
While it is not Service Provider's policy to monitor client web sites, nor to exercise any control over external services (even if such were possible), it is expected that Clients will practice ethical and responsible behavior in their use of our services. With this as a guideline, the following criteria are used to determine acceptable uses of Service Provider's services.
Service Provider's services may not be used to facilitate distribution of information whose content or meaning, or the distribution or transmission thereof, violates any applicable laws or regulations.
Host's system and services may not be used in any way which violates Federal, State, Local, or International law. This prohibits, but is not limited to, any actions which are threatening, obscene, defamatory, or which violate trade secret, copyright or patent protection, or rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event User is suspected of any such violation, Host reserves the right to immediately suspend or terminate User's account with no warning or notification. Adult content, classified as any site which shows nudity or sexual acts of any kind are permitted.
Service Provider's services may not be used to facilitate activities which disrupt or interfere with the performance or functional behavior of networks or systems. Such interference or disruption includes, but is not limited to: propagation of computer worms or viruses; and the transmission of information which, by virtue of its content, amount, or routing, degrades the performance, functionality, or reliability of any network or system. CyberWEB does not allow mass U.C.E. aka. SPAM, any site sending out mass unsolicited e-mail in any fashion will be immediately terminated with NO REFUND of any kind.
Service Provider's services may not be used to facilitate activities which interfere with personal productivity, privacy, or comfort of users of systems or networks. Such interference or disruption includes, but is not limited to: distribution of unsolicited advertising or recruiting materials; and transmission of annoying amounts of information not desired by the recipient(s).
If and when such activities are brought to Service Provider's attention, and upon Service Provider's reasonable investigation, a Client is found to be in violation of this policy, such account is subject to termination of Service Provider's services, with the forfeiture of any and all fees paid to Service Provider.
This Acceptable Use Policy is in effect immediately. Any Client having previously paid for services, who does not agree to abide by these terms may send notice within ten days hereof of cancellation, and receive a pro rated refund of any fees paid to Service Provider.
ECPA NOTICE. Service Provider reserves the right to monitor any and all communications through or with its facilities. Client agrees that Service Provider is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
Client Information
Client agrees to supply a current and truthful name, postal address, and telephone number for the records of Service Provider. Service Provider agrees not to sell or donate its mailing list to any other company, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.
Host will protect to the best of its ability the confidentiality of any files and electronic mail stored on or exchanged over the system, except as may be necessary to provide the requested Internet services, or as may be necessary to preserve the security and proper operation of Host's system, or to protect Host's rights or property.
Host, except as otherwise provided for in this Agreement or as required by law, will use its best efforts to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.
User acknowledges that no system on the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on or transmitted through Host's system is stored or transmitted at User's own risk.
Billing and Payment
Client agrees to supply full and timely payment for the services received from Service Provider. Client agrees that all setup fees and domain registration fees are non-refundable once setup is completed and that rates are published in U.S. Dollars and that payment must be made in U.S. Dollars.
Indemnification
Service Provider provides electronic information storage and Internet access facilities for the private use of persons and organizations who desire to make certain materials available on the Internet.
As of today, Client does verify that materials posted or to be posted at Client's site, hosted by Service Provider, are not in violation of law, including copyright, trademark, personal privacy, publicity rights of persons living or dead, obscenity law. Client understands that Service Provider does not oversee or control content whether posted by the Client or on behalf of the Client by Service Provider or another person or entity. Client understands that Service Provider does not oversee or control those who post nor those who use posted information either at the site or by moving the posted material elsewhere. Client understands that if Service Provider reasonably believes that content of the site or usage of Service Provider's service is a violation of law, then Service Provider in its sole judgment may delete material or limit access to posted material to prohibit violations of law, and that Service Provider will give prompt notice to the client if such action is taken.
Client agrees to abide by any and all existing laws. Client further agrees to indemnify and hold harmless Service Provider in the event Service Provider incurs liability either for material posted by anyone at the site or for material from the site used by anyone. Client also agrees to assign any recovered attorney's fees and costs to Service Provider sufficient to cover Service Provider's costs of defending any claim 1) against me or against or against my named client/user, if Service Provider is compelled to so defend, or 2) against me or against my named client/user in which Service Provider is also named a defending party.
Client agrees not to hold Service Provider responsible for any loss Client suffer as a result of using services provided by Service Provider, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Service Provider recognizes that any complete service interruption in excess of 24 hours will justify a refund or credit to Client for the appropriate amount, but that no further compensation will be made.
Venue for Disputes
In the event either party pursues legal action, the action shall be initiated in Luzerne County, Pennsylvania USA
Security Concerns
User is responsible for choosing a secure password and for keeping it secret.
User may not attempt to bypass any security mechanisms in place on Host's system, or use any of Host's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking software, or attempting to access a system which any user knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.
Copyright issues
User agrees not to upload to, download from, make available for public access on, or transmit through Host's system any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, User warrants that User has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works in excess of any legal right through Host's system is a violation of federal law and international treaties, and may result in not only termination of User's account, but also may result in civil and/or criminal fines and prison sentences.
User agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via Host's system.
User explicitly licenses Host to make any copies of copyright protected materials necessary to provide Internet and related services to User, as well as make any necessary copies necessary to preserve and maintain Host's system and User's files and electronic mail.
User explicitly licenses Host to make any copies, without limitation, of any copyrighted materials submitted to a public forum maintained on Host's system, or submitted to any forum to which Host provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.
User is not permitted to run any programs or software which continually send data over or access Host's system, or run any programs or software on Host's system unattended, unless such use has been approved in advance by Host's staff.
High Resource User Policy / Fair Access Policy
Resources are defined as bandwidth and/or processor utilization. Service Provider
may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available, Service Provider reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Payment Policy
All accounts are set up on a prepay basis. Although Service Provider reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Customers will automatically be charged again at the end of their prepay period.
In situations where the card number on file is declined Service Provider will give customer 4 email notifications. The first is sent at the time of the billing failure, 2 days later and another 3 days later. If the balance of the account is not paid in 7 days after the last email the account will be suspended and the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Service Provider reserves the right to suspend other services until the outstanding debt is cleared. If the account is suspended for a period longer then 60 days and payment arrangements have not been made with Service Provider the account and all data associated with the account will be purged from our system.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is only accepted in US dollars.