Terms of Service

Client contracting for Shared Hosting Services may elect a monthly, quarterly, or yearly payment schedule, but agrees to an initial lease period of ninety (90) days. Client's plan will then automatically renew for the period selected in their original order until terminated by Client or CybrHost in accordance with this Agreement.

Client contracting for Dedicated Hosting services or Virtual Dedicated Hosting services agrees to an initial Lease Period as specified in their original order. Client's plan will then automatically be continued until terminated by Client or CybrHost in accordance with this Agreement.

CybrHost shall use commercially reasonable efforts to provide all services as set forth in this agreement. CybrHost will take every reasonable action to provide timely response to all Client inquiries.

CybrHost shall not disclose any Client information to any third party unless authorized by Client or ordered to do so by an arbitration panel or court of law with competent jurisdiction.

1.Restrictions on Illegal Usage

CybrHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content include, but are not limited to: Pirated software, Hackers programs or archives, Warez sites, MP3, Real Audio, and IRC bots.

2. Security

Violations of CybrHost system or network security are prohibited. Examples include, but are not limited to the following: (a) Introduction of malicious programs into CybrHost's network or server, such as viruses, Trojans, or worms; (b) Effecting security breaches or disruptions of any Internet or network communication. Security breaches include, but are not limited to, accessing data that the Client has not been expressly granted access to. For the purposes of this section, "disruption" includes but is not limited to Internet flooding, scans of any type, port scans, packet spoofing, forged mail headers, forged packet or routing information, or any other denial of service attack; (c) Any attempt to alter or modify in any way any bandwidth tracking or utilization reporting, or any other actions that have the effect of complicating the normal operational procedures of CybrHost, including but not limited to modifying or removing CybrHost created log files; (d) Attempting to circumvent or alter CybrHost's established billing procedures; (e) Resale of any Web space under a domain name or any services without the written consent of CybrHost; (f) Long-term file storage for backups or otherwise. CybrHost is not liable for any data stored on our systems.

3. Server Resources

Any website that uses extreme server resources (including but not limited to CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. CybrHost shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice, in CybrHost's discretion.

4. CGI Scripts

CGI script sharing with domains not hosted by CybrHost.com is not allowed. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

5. Chat Room Server Software and IRC

Except for clients purchasing Dedicated Servers, CybrHost does not allow clients to install their own server-side chat rooms, IRC, or IRC bots to be hosted or operated on our servers.

6. UCE (Unsolicited Commerce Email) - SPAM

Participation in unsolicited Email or Usenet publishing, either as an originator, host of content (including web) or recipient of replies (mail drop), if such participation involves more than 1,000 individual mailings or receipts per month, is prohibited. If CybrHost's network is placed on any blacklist or blackhole Email blocking list and it can be proven that Client is the cause of this placement on such list, Client agrees to take every action to remove our network from such list at its sole liability. Client also agrees that in the event that this occurs, and Client is not removed from such list within ten (10) days, Client shall owe to CybrHost a $1000.00 fee and CybrHost may immediately terminate this Agreement and all services without prior notice.

7. Software Distribution

CybrHost's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@cybrhost.com for special arrangement.

8. Additional Web Site Change Fees

Any web site whose configuration is changed per your request after the first 30-days will be subject to a $25.00 service charge. This includes but is not limited to such items as domain name changes, additional IP pointers, Webalizer configuration changes, password protected directories, and any other change beyond the scope of normal service which you request.

9.Termination

To terminate this agreement, Client shall notify CybrHost by submitting a "Notice of Cancellation" order through www.cybrhost.com/cancel. To protect Client security, Email, HelpDesk, FAX, and phone cancellation requests will Not be accepted. Clients shall continue to be responsible for all charges to their account through the date of termination. CybrHost shall continue to provide services through the date of termination only if Client's account is current and no past-due balances exist.

9a. Termination – Shared Hosting Plans

New Clients purchasing any Shared Hosting Plan may terminate this Agreement and receive a full refund, for any reason, during the first thirty (30) days of service. This thirty day money-back offer does NOT apply to purchases of Dedicated Hosting Plans, Virtual Dedicated Server Plans, or any other service types (including but not limited to SSL Certificates, or extra MIVA Modules).

In the event this Agreement is terminated after the trial period but during the first ninety (90) days of service, Client shall pay CybrHost for the full ninety (90) days of service.

In the event this Agreement is terminated after the first ninety (90) days of service, CybrHost shall give Client a prorated refund for any months prepaid and unused.

9b. Termination – Dedicated Hosting Plans and Virtual Dedicated Server Plans

In the event this Agreement is terminated prior to the end of the initial Lease Period as defined in the original order, Client shall pay CybrHost an early termination fee equal to the number of remaining months of unused service, multiplied by their contracted monthly rate for services.

If this Agreement is terminated after the initial Lease Period, CybrHost shall give Client a prorated refund for any months prepaid and unused.

10. Payments and Late Payment Charge

Payment for all fees shall be due at the time the service is accepted by CybrHost. Fees for Services shall be in the amount and frequency set forth in the Agreement (to begin on the date that the web site release notification is e-mailed or faxed to the Client) ("Payment Date"). This Agreement is for the entire Initial Term and applicable Renewal Term(s), and Client is obligated to pay the fees for Services voluntarily selected by Client. All such fees must be received at CybrHost by 2:00 p.m. on the Payment Date.

Client shall pay a late charge of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to CybrHost. All fees that have not been timely paid may be sent by CybrHost to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney's fees, court costs, charge backs, NSF Fees, and/or interest charges that are in addition to the amount owed for services provided.

Any billing inquiries should be directed to billing@cybrhost.com.

11. Checks or Money Order

Client may pay fees by Credit Card (see section #14 below), Check, or Money Order in U.S. dollars only. CybrHost will not accept international checks in foreign currency. In the event a check is returned as un-payable, Client will be assessed a $30.00 returned check fee. If Client fails to pay all fees within ten (10) days of the Payment Date, Client will be sent a Suspension of Services e-mail, which will grant Client ten (10) days to make payment.

12. Credit Card

Client may pay fees by MasterCard, Visa, American Express and Discover ("Credit Cards"). Credit Cards shall be charged seven (7) days prior to the Payment Date to the Credit Card number given at the time Client submits the Service Order. Payment by Credit Card includes the authorization to charge all future recurring fees and charges, as well as charges for any additional services requested by Client, to the Credit Card on file with CybrHost. If Client's Credit Card is denied for any reason, Client will be sent a notice by e-mail. If payment is not received by the Payment Date, CybrHost may make one final attempt to charge Client's Credit Card on or around the Payment Date. If payment is not secured by the Payment Date, Client will be sent a Suspension of Services e-mail which will grant Client ten (10) days to make payment.

In the event Client initiates a charge back, CybrHost may immediately suspend all Services to Client until such time as full payment is received in addition to a $25.00 charge back fee and $25.00 reactivation fee.

13. Actions Taken by CybrHost

When CybrHost becomes aware of an alleged violation of this Agreement, CybrHost will initiate an investigation. During the investigation CybrHost may restrict Client access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, CybrHost may, at its sole discretion, restrict, suspend, or terminate Client's account and/or pursue other civil remedies. If such violation is a criminal offense, CybrHost will notify the appropriate law enforcement department of such violation. CybrHost does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

14. Modification

CybrHost reserves the right to add, delete, or modify any provision of this Agreement at any time without prior notice. The current version of this Agreement may be reviewed at: www.cybrhost.com/usepolicy.mvc.

15. Warranties and Limitation of Liability

THE SERVICES PROVIDED BY CYBRHOST HEREUNDER ARE PROVIDED TO CLIENT ON AN "AS IS" BASIS. THE PARTIES AGREE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING SUCH SERVICES, OR ANY COMPONENT OR ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYBRHOST DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CYBRHOST DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF, ARE OR WILL BE ERROR-FREE, UNINTERRUPTED, OR WILL MEET CLIENT'S REQUIREMENTS.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, CYBRHOST SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF SERVICES HEREUNDER, OR ANY COMPONENT OR ELEMENT THEREOF, INCLUDING, WITHOUT LIMITATION, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH SUCH SERVICES, VIRUS TRANSMISSION, OR DELETION OR LOSS OF FILES OR E-MAIL, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF PROFIT, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, WHETHER BY THE ACT OR NEGLIGENCE OF CYBRHOST OR OTHERWISE. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM LIABILITY OF CYBRHOST FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES OR LIABILITIES OF ANY KIND UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT EQUAL TO TOTAL AMOUNT OF FEES PAID BY CLIENT TO CYBRHOST THIS AGREEMENT.

Notwithstanding anything contained in this agreement to the contrary, in the event of a breach of this agreement by CybrHost, Client shall notify CybrHost of such breach in writing describing in detail such breach (the "Notice of Breach"). Notwithstanding anything to the contrary contained in this Agreement, CybrHost shall have the option, in lieu of the payment of damages to Client hereunder, to remedy as soon as is reasonably practicable following the receipt of a Notice of Breach, any such breach to Client's reasonable satisfaction.

16. Personnel and Employee Hiring

CybrHost and Client agree that, during the Term and for a period of one (1) year thereafter, each party will not hire, and will not engage as an independent contractor, any individual who has been involved in this Agreement hereunder as an employee of the other party, without the express written consent of the other party.

17. Independent Parties

CybrHost and Client shall at all times be independent parties. Neither party is an employee, joint venturer, agent, or partner of the other; neither party is authorized to assume or create any obligations or liabilities, express or implied, on behalf of or in the name of the other. The employees, methods, facilities and equipment of each party shall at all times be under their exclusive direction and control.

18. Assignment

Client may not assign any rights or delegate any obligations created by this Agreement without the prior written consent of CybrHost, which consent shall not be unreasonably withheld. Any assignment in violation of this Agreement is void. This Agreement shall be binding upon the successors and permitted assigns of the parties.

19. Force Majeure

Neither party shall be considered in default in the performance of any obligation hereunder to the extent that the performance of such obligation is prevented or delayed by a Force Majeure Event, which is defined to include a fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is not caused, in whole or in part, by that party, and which is beyond the reasonable control of that party. The parties shall take all reasonable action to minimize the effects of a Force Majeure Event. In the event that a Force Majeure Event prevents or delays the performance of a party for thirty (30) days, the other party shall thereafter have the right to terminate this Agreement upon written notice at any time before such performance resumes.

20. Severability

If any provision of this Agreement is found invalid or unenforceable by an arbitration panel or a court of law, the remainder of this Agreement shall continue in full force and effect.

21. Reservation of Rights

A delay or failure in enforcing any right or remedy afforded hereunder or by law shall not prejudice or operate to waive that right or remedy or any other right or remedy, including any remedy for a future breach of this Agreement, whether of a like or different character.

22. Entire Agreement and Amendments

This Agreement constitutes the entire agreement of the parties, superseding all prior agreements and understandings as to the subject matter hereof.

23. Headings

The headings used in this Agreement are intended for convenience only. They are not a part of the written understanding between the parties. They shall not affect the construction and interpretation of this Agreement.

24. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of Ohio, excluding its principles relating to conflicts of laws. Any arbitration or court action hereunder shall take place in Cleveland, Ohio.

25. Survival

The provisions of this Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall survive any expiration, cancellation or termination of this Agreement.