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TERMS & CONDITIONS
WHEREAS, Cyberjack, LLC is an information provider connected to the Internet. Cyberjack, LLC offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilise Cyberjack, LLC's server(s) for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Cyberjack, LLC can make no guarantee that any given reader shall be able to access Cyberjack's server(s) at any given time.
Cyberjack, LLC represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements:
1. Customer agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
2. There are no setup charges and if the customer wishes to cancel Cyberjack, LLC's services within thirty (30) days of the initial signup they shall be able to do so for any reason and have their money promptly refunded.
This contract will automatically renew for successive thirty (30) day periods (or six (6) or twelve (12) month periods, depending on length of pre-payment) for the life of the contract until cancelled in writing. After the first 30 days a cancelled account will be cancelled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
Taxes:
1. Cyberjack, LLC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Cyberjack's server(s). Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material and Products:
1. Customer will provide Cyberjack, LLC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Cyberjack, LLC. Cyberjack, LLC shall make no effort to validate this information for content, correctness or usability.
2. Use of Cyberjack, LLC'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 web space by the Customer.
3. The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. The Customer agrees that he or she has the necessary knowledge to create Customer's web space. Customer agrees that it is not the responsibility of Cyberjack, LLC to provide this knowledge or Customer Support outside of the defined service of Cyberjack, LLC.
5. Cyberjack, LLC will exercise no control whatsoever over the content of the information passing through the network.
6. Cyberjack, LLC makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Cyberjack, LLC also disclaims any warranty of merchant-ability or fitness for a 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 Cyberjack, LLC is at the Customer's own risk, and Cyberjack, LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Cyberjack, LLC expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
7. The customer agrees to make use of Cyberjack, LLC's server(s) primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any Cyberjack, LLC server, and if your processes are adversely affecting server performance disproportionately Cyberjack, LLC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
Cyberjack, LLC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Cyberjack, LLC may, at its option and at any time, reject this material, including but not limited to after it has been put on Cyberjack, LLC's server(s). Cyberjack, LLC agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cyberjack, LLC. If the Customer fails to modify the material, as directed by Cyberjack, LLC, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Trademarks and Copyrights:
1. Customer warrants that it has the right to use the applicable trademarks, if any.
Hardware, Equipment & Software:
1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cyberjack, LLC.
2. Cyberjack, LLC makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Cyberjack, LLC service.
Age:
1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
Internet Etiquette:
1. Electronic forums such as mail distribution lists and Usenet 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 Cyberjack, LLC may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Cyberjack, LLC. All messages transmitted via Cyberjack, LLC should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
Termination:
1. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Cyberjack, LLC will accept termination by electronic mail. Notwithstanding the above, Cyberjack, LLC may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Cyberjack, LLC reserves the right to charge a reinstatement fee.
2. Cyberjack, LLC reserves the right to terminate a customer's account without notice and without refund (where applicable) under the following circumstances:
- payment on the account is overdue and the customer has received written notice to the effect and has not responded after 7 days.
- the customer is abusive to a member of Cyberjack, LLC staff, either verbally over the phone, in person or via e-mail.
3. Cyberjack, LLC reserves the right to hold a customer's domain name and/or any other until the customer's overdue account is settled in full.
4. If payment on the account is more than 3 months overdue and the customer has received written notice to the effect and has not responded after 7 days, Cyberjack, LLC reserves the right to sell a customer's domain name in order to recoup customer's debts.
Limited Liability:
1. Customer expressly agrees that use of Cyberjack, LLC's server(s) is at Customer's sole risk. Neither Cyberjack, LLC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Cyberjack, LLC'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 Cyberjack, LLC server service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall Cyberjack, LLC, its offices, agents or any one else involved in creating, producing or distributing Cyberjack, LLC's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Cyberjack, LLC server service; or that results 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 unauthorised access to Cyberjack, LLC's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Cyberjack, LLC'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 amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Lawful Purpose:
1. Customer may only use Cyberjack, LLC's server(s) for lawful purpose. Transmission of any material in violation of any UK law is prohibited. To this effect, pornography and child pornography are strictly prohibited as well as housing any copyrighted information on Cyberjack, LLC's server(s) for the purpose of illegal distribution or infringement.
2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Cyberjack, LLC's server(s) for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Cyberjack, LLC. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Indemnification:
1. Customer agrees that it shall defend, indemnify, save and hold Cyberjack, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Cyberjack, LLC, 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 Cyberjack, LLC against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Cyberjack, LLC's server(s);
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Cyberjack, LLC's server(s).
Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
Transfer:
Customer may not transfer this contract without the written consent of Cyberjack, LLC.
Contract:
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Terms and conditions | © Cyberjack, LLC 2008
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