Cybersynth.com is an authorized reseller of Verio products and services. In addition to the Service Terms and Conditions contained herein, Verio's standard Terms and Conditions of Service for its services (the "Terms and Conditions," available at www.viaverio.com) also apply.
Terms of Service
Terms and Conditions
This policy represents the Cybersynth Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy.
This policy defines the terms of service all Cybersynth customers agree to when they sign-up for any of the Cybersynth services. Cybersynth reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Cybersynth agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Cybersynth. Cybersynth retains the sole discretion to make judgment regarding any violation by any Cybersynth customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Cybersynth maintaining one or more accounts (each "Account"), you, as the Cybersynth customer, agree to the following terms of service.
- "We" "Us" or "Provider" or "Cybersynth." .Cybersynth.com.
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Cybersynth is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Cybersynth capability to directly correct. Cybersynth clients are diverse and their web sites and the function of those web sites are diverse and Cybersynth cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Cybersynth MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Cybersynth nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Cybersynth, even if Cybersynth has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL CYBERSYNTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CYBERSYNTH. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CYBERSYNTH. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CYBERSYNTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CYBERSYNTH. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CYBERSYNTH FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CYBERSYNTH. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Cybersynth and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Cybersynth. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Cybersynth. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Cybersynth. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by Cybersynth
Cybersynth will provide Internet server and server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Cybersynth members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Cybersynth members will use the provided services in a manner consistent with any and all applicable laws. Cybersynth provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Cybersynth reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Cybersynth can terminate client's account without notification.
Cybersynth.com provides timely web site hosting support to our clients through emails and phones. As a client of Cybersynth you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Cybersynth.com and any employee or contractor of Cybersynth.com.
- Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Cybersynth or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Cybersynth or any third party. Customers may not run IRC, bots or clients. Clients may not use Cybersynth servers for file storage unrelated to the client's web site, storage Space is for active web site file pages only. Cybersynth' shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at Cybersynth. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. Cybersynth will be the sole and final arbiter as to what constitutes a violation of this policy. Cybersynth does not normally monitor the contents of clients servers, however if suspicion occurs, Cybersynth reserves the right to investigate and terminate the clients subscription to the service.
- Excessive Resource User Policy:
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. Cybersynth offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Cybersynth control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Cybersynth will make every reasonable effort to notify customer prior to suspension, however, Cybersynth may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Cybersynth will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
- No "Spam":
UCE/UBE or "Spam" originating from a server located on our network or associated with a Cybersynth server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Cybersynth network but is sent from an e-mail address not associated with that Cybersynth account. Client shall not use their Cybersynth services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Cybersynth reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
- Excessive Exploits
Cybersynth allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or Cybersynth.com reserves the right to terminate that clients' account and provide them with a prorated refund.
- False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Cybersynth concerning unethical, false or unlawful activities by you, Cybersynth reserve the right to suspend or terminate your service with or without notice.
- Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files:
Cybersynth provides the tools needed to create back ups of account data. Cybersynth also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Cybersynth does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Payment, Renewal, Cancellations
- Payment Obligations:
Full payment is required in advance before hosting service is established. Cybersynth sends out invoices that are due every pay period. You are given thirty (30) days to fully pay the invoice.
All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Cybersynth prior to the renewal date and although Cybersynth sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Cybersynth, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
It is the obligation of the Cybersynth customer to know when their account comes up for renewal and if their intention is to non renew their account they contact Cybersynth 5 business days prior to their account's renewal date to ensure that Cybersynth billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. It is the customer's responsibility to ensure that Cybersynth has a valid email address for which we can send out renewal notices to our clients. If Cybersynth does not receive a cancellation request prior to the customer's renewal we will renew the clients' account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date).
- Late Fees:
An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $25.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $25.00 must be submitted to Cybersynth.
Web site files are the responsibility of the Cybersynth customer and should a Cybersynth customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the web site files and any emails from the Cybersynth server prior to requesting that Cybersynth cancels their account. Once the cancelation request has been submitted to Cybersynth a cancelation of the web site hosting service may occur anytime after the request is received by Cybersynth and when a cancelation request is completed the client's hosting account with Cybersynth and their web site files are permanently removed from the Cybersynth servers. Therefore again it is the client's obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.