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Acceptable Use Policy (AUP)/Terms Of Service
(TOS)
By using our web hosting services, you agree to
comply with our policies. You are expected to
use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights
of other Internet users. We expect you to have a
basic knowledge of how the Internet functions,
the types of uses which are generally
acceptable, and the types of uses which are to
be avoided. Common sense is the best guide as to
what is considered acceptable use. The following
are unacceptable uses:
Illegality in any form, including but not
limited to activities such as unauthorized
distribution or copying of copyrighted software,
violation of U.S. export restrictions,
harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal
activities.
To view or download our Privacy Policy in PDF
Format visit:
http://Cyber-Core.Net/privacy.pdf
Interpretation
The provisions of this Policy are intended as
guidelines and are not meant to be exhaustive.
Generally, conduct that violates law,
regulation, or the accepted norms of the
Internet community, whether or not expressly
mentioned in this Policy, is prohibited.
Cyber-Core.Net, Inc. reserves the right at all
times to prohibit activities that damage its
commercial reputation and goodwill.
Illegal Use
Cyber-Core.Net, Inc. servers may be used only
for lawful purposes. Transmission, distribution
or storage of any material in violation of any
applicable law or regulation is prohibited. This
includes, without limitation, material protected
by copyright, 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 or links: "Pirated
software", "Hackers programs or archives", "Warez
Sites", "Irc Bots", "Mp3".
Cyber-Core.Net, Inc. further reserves the right
to suspend or terminate service to any websites
affiliated with known or suspected terrorist
organizations at our discretion.
We will be the sole arbiters as to what
constitutes a violation of this provision.
System and Network Security
Violations of system or network security are
prohibited, and may result in criminal and civil
liability. Examples include, but are not limited
to the following: unauthorized access, use,
probe, or scan of a systems security or
authentication measures, data or traffic.
Interference with service to any user, host or
network including, without limitation, mail
bombing, flooding, deliberate attempts to
overload a system and broadcast attacks. Forging
of any TCP-IP packet header or any part of the
header information in an e-mail or a newsgroup
posting.
It is a violation for anyone who, including but
not limited to, employs posts or programs which
consume excessive CPU time or storage space,
permits the use of mail services, mail
forwarding capabilities, POP accounts, or auto
responders other than for their own account; or
resale of access to CGI scripts installed on our
servers.
Tortious Conduct
No one shall post defamatory, scandalous, or
private information about a person without their
consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights,
or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including,
without limitation, commercial advertising and
informational announcements, is expressly
prohibited. A user shall not use another site's
mail server to relay mail without the express
permission of the site or distributing,
advertising or promoting software or services
that have the primary purpose of encouraging or
facilitating unsolicited commercial E-mail or
spam.
It is contrary to Cyber-Core.Net, Inc. policy
for customers to use our servers to effect or
participate in any of the following activities:
To post to any Usenet or other newsgroup, forum,
e-mail mailing list or other similar group or
list articles which are off-topic according to
the charter or other owner-published FAQ or
description of the group or list;
To send unsolicited mass e-mailings, if such
unsolicited e-mailings provoke complaints from
the recipients;
To engage in any of the foregoing activities
using the service of another provider, but
channeling such activities through a
Cyber-Core.Net, Inc. provided server, or using a
Cyber-Core.Net, Inc. provided server as a mail
drop for responses;
To falsify user information provided to
Cyber-Core.Net, Inc. or to other users of the
service in connection with use of a
Cyber-Core.Net, Inc. service.
When Cyber-Core.Net, Inc. becomes aware of an
alleged violation of its Acceptable Use Policy,
Cyber-Core.Net, Inc. will initiate an
investigation (within 24-48 hours). During the
investigation Cyber-Core.Net, Inc. may restrict
Customer 's access in order to prevent further
possible unauthorized activity. If the Customer
is found in violation of our SPAM policy,
Cyber-Core.Net Inc. may, at its sole discretion,
restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies.
Also, Cyber-Core.Net Inc. reserves the right to
pursue civil remedies for any costs associated
with the investigation of a substantiated policy
violation. If such violation is a criminal
offense, Cyber-Core.Net, Inc. will notify the
appropriate law enforcement department of such
violation.
Cyber-Core.Net, Inc. does not issue service
credits for any outages incurred through service
disablement resulting from Policy violations.
The Customer shall be held liable for any and
all costs incurred by Cyber-Core.Net Inc. as a
result of the customer's violation of these
terms and conditions. This is including, but is
not limited to, attorney fees and costs
resulting from Postmaster responses to
complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk
mailings and/or news server violations. First
violations will result in a Cleanup Fee of $250
and the customer’s account will be reviewed for
possible immediate termination. Each subsequent
violation thereafter will result in Cleanup Fee
of $500 and immediate termination of the
customer’s account. The Customer who violates
this policy agrees to also pay Investigation
Fees of no more than $125 per hour that
Cyber-Core.Net Inc. personnel must spend to
investigate any violations.
Modification
Cyber-Core.Net, Inc. reserves the right to add,
delete, or modify any provision of this Policy
at any time without notice. Reporting Network
Abuse Any party seeking to report any violations
Cyber-Core.Net, Inc.’s policy may contact via
e-mail: abuse@Cyber-Core.Net
Cyber-Core.Net, INC.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and
Cyber-Core.Net, Inc. regarding your use of
Cyber-Core.Net, Inc.'s computer, interactive
information, communication and server management
service. This Agreement governs the terms and
conditions under which Cyber-Core.Net, Inc.
makes the services offered by Cyber-Core.Net,
Inc. available to individual consumers through a
personal computer or similar access, or to
individual consumers or small businesses in
connection with the " Cyber-Core.Net, Inc. "
webhosting or similar services. Under this
Agreement, you must comply with Cyber-Core.Net,
Inc.'s then current "Acceptable Use Policy," as
updated from time to time by Cyber-Core.Net,
Inc., which can be viewed at : http://Cyber-Core.Net/aup.html
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
1. Cyber-Core.Net, Inc. will host an account for
you, the purchaser (hereafter referred to as the
Account Holder), for the Account Holder's chosen
domain name, for the period of time (the Term)
corresponding with the payment plan chosen by
the Account Holder. This contract will be
automatically renewed at the end of the Term and
each successive renewal term, unless terminated.
We require notification of non-renewal with at
least 30 days notice but not more than 60 days
prior to the renewal date. You must have all
account information to cancel and fill out the
form completely that is located at here (
https://billing.Cyber-Core.Nethosting.com/Cyber-Core.Net/cancellation.html
) If you do not provide this notice, you will be
charged for the next terms rate. There are no
refunds on a la carte services, dedicated
servers or server colocation.
2. Cyber-Core.Net, Inc.'s services are provided
on an as is, as available basis without
warranties of any kind, either express or
implied, including, but not limited to,
warranties of merchantability, fitness for a
particular purpose or non-infringement.
Cyber-Core.Net, Inc. expressly disclaims any
representation or warranty that the
Cyber-Core.Net, Inc. services will be
error-free, secure or uninterrupted. No oral
advice or written information given by
Cyber-Core.Net, Inc., its employees, licensors
of the like, will create a warranty; nor may you
rely on any such information or advice. The
terms of this Section will survive any
termination of this Agreement.
3. The Virtual Web Server Internet account
and/or related electronic services can only be
used for legal purposes under all applicable
international, federal, provincial, and
municipal laws. Further, the Account Holder
agrees not to store, transmit, link to,
advertise or make available any images
containing pornography, graphic violence or
death. Violations of these or any other
provisions of this Agreement may result in
termination of the services provided by
Cyber-Core.Net, Inc., with or without the grant
of a notice or cure period, such notice or cure
period to be granted at the sole discretion of
Cyber-Core.Net, Inc. based upon the severity of
the violation. Cyber-Core.Net, Inc. reserves the
right to refuse service if any of the content
within, or any links from, the Account Holder's
website is deemed illegal, misleading, or
obscene, or is otherwise in breach of
Cyber-Core.Net, Inc.'s then current Acceptable
Use Policy, in the sole and absolute opinion of
Cyber-Core.Net, Inc.. Notwithstanding anything
in this Agreement, the content of the Account
Holder's website is the sole responsibility of
the Account Holder. The Account Holder agrees to
indemnify and hold harmless Cyber-Core.Net, Inc.
from any and all claims, losses, damages,
liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and
other expenses incurred by Cyber-Core.Net, Inc.,
(collectively, Claims) related to or in
connection with the content of the Account
Holder's website. The terms of this Section will
survive any termination of this Agreement.
4. Account Holder acknowledges that the nature
of the service furnished and the initial rates
and charges have been communicated to the
Account Holder. Account Holder is aware that
Cyber-Core.Net Inc. reserves the right to change
the specified rates and charges from time to
time.
5. The Account Holder agrees to follow generally
accepted rules of "Netiquette" when sending
e-mail messages or posting to newsgroups.
Account Holder is responsible for security of
its password. Cyber-Core.Net, Inc. will not
change passwords to any account without proof of
identification, which is satisfactory to
Cyber-Core.Net, Inc., which may include written
authorization with signature. In the event of
any partnership break-up, divorce or other legal
problems that includes Account Holder, Account
Holder understands that Cyber-Core.Net, Inc.
will remain neutral and may put the account on
hold until the situation has been resolved.
Under no circumstances will Cyber-Core.Net, Inc.
be liable for any losses incurred by Account
Holder during this time of determination of
ownership, or otherwise. The Account Holder
agrees to indemnify and hold harmless
Cyber-Core.Net, Inc. from any and all Claims
arising from such ownership disputes. The terms
of this Section will survive any termination of
this Agreement.
6. The Account Holder agrees not to harm
Cyber-Core.Net, Inc., its reputation, computer
systems, programming and/or other persons using
Cyber-Core.Net, Inc.'s services. Cyber-Core.Net,
Inc. reserves the right to select the server for
Account Holder's website for best performance.
The Account Holder understands that the services
provided by Cyber-Core.Net, Inc. are provided on
a shared server. This means that one website
cannot be permitted to overwhelm the server with
heavy CPU usage, for example from the use of
highly active CGI scripts or chat scripts. If
the Account Holder's website overwhelms the
server and causes complaints from other users,
the Account Holder has outgrown the realm of
shared servers, and will need to relocate it's
website. Cyber-Core.Net, Inc. will refund any
unused portion of prepaid services. If the
Account Holder refuses to comply with this
Section, then Cyber-Core.Net, Inc. has the right
to terminate the services provided to the
Account Holder without any refunds of the unused
portion prepaid by the Account Holder. The
Account Holder agrees to indemnify and hold
harmless Cyber-Core.Net, Inc. and any other
Account Holder from any and all Claims resulting
from the Account Holder's use of the services
provided by Cyber-Core.Net, Inc. The terms of
this Section will survive any termination of
this Agreement.
7. The Account Holder's rights and privileges
under this Agreement cannot be sold or
transferred without the prior written consent of
Cyber-Core.Net, Inc..
8. If the Account Holder sells or resells
advertising or web space to a third party then
the Account Holder will be responsible for the
contents of that advertising and the actions of
that third party. Cyber-Core.Net, Inc. has the
absolute right to reject any advertising or
other third party content that is illegal,
offensive or otherwise in breach of the then
current Cyber-Core.Net, Inc. Acceptable Use
Policy. The e-mail distribution by the Account
Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If
the Account Holder refuses to remove any
advertising or other third party content deemed
objectionable by Cyber-Core.Net, Inc.,
Cyber-Core.Net, Inc. may terminate the services
being provided to the Account Holder.
9. Cyber-Core.Net, Inc. will use its best
efforts to maintain a full time Internet
presence for the Account Holder. The Account
Holder hereby acknowledges that the network may,
at various time intervals, be down due, but not
restricted to, utility interruption, equipment
failure, natural disaster, acts of God, or human
error. In no event shall Cyber-Core.Net, Inc. be
liable to the Account Holder for any damages
resulting from or related to any failure or
delay of Cyber-Core.Net, Inc. in providing
access to the Internet under this Agreement. In
no event shall Cyber-Core.Net, Inc. be liable to
the Account Holder for any indirect, special or
consequential damages or lost profits arising
out of or related to this Agreement or the
performance or breach thereof. The aggregate,
total liability of Cyber-Core.Net, Inc. under
this Agreement, if any, shall in no event or
circumstance exceed the total amount actually
paid by the Account Holder hereunder. The terms
of this Section will survive any termination of
this Agreement.
10. This Agreement applies to all accounts,
sub-accounts, and alternative account names
associated with your principal account. The
Account Holder is responsible for the use of
each account, whether used under any name or by
any person, and for ensuring full compliance
with this Agreement by all users of that
account. A Cyber-Core.Net, Inc. account may not
be transferred without prior written approval
from Cyber-Core.Net, Inc.. The Account Holder is
responsible for maintaining the confidentiality
of his/her password. In the event of a breach of
security through the Account Holder's account,
the Account Holder will be liable for any
unauthorized use of the Cyber-Core.Net, Inc.
services, including any damages resulting there
from, until the Account Holder notifies
Cyber-Core.Net, Inc.'s customer service.
11. If Cyber-Core.Net, Inc. assigns the Account
Holder an Internet Protocol address in
connection with the Account Holder's use of the
Cyber-Core.Net, Inc. services, the right to use
that Internet Protocol address will remain with
and belong only to Cyber-Core.Net, Inc., and the
Account Holder will have no right to use that
Internet Protocol address except as allowed by
Cyber-Core.Net, Inc. in its sole and absolute
discretion.
12. This Agreement constitutes the entire
agreement between the Account Holder and
Cyber-Core.Net, Inc. with respect to the
Cyber-Core.Net, Inc. services and supersedes all
prior agreements between the Account Holder and
Cyber-Core.Net, Inc.. Cyber-Core.Net, Inc.'s
failure to enforce any provision of this
Agreement shall not be construed as a waiver of
any provision or right. In the event that a
portion of this Agreement is held unenforceable,
the unenforceable portion will be construed in
accordance with applicable law as nearly as
possible to reflect the original intentions of
the parties, and the remainder of the provisions
will remain in full force and effect. The terms
of this Section will survive any termination of
this Agreement.
13. The parties shall attempt to resolve all
disputes arising out of this Agreement in a
spirit of cooperation and with a problem-solving
mindset, without formal proceedings. Any
dispute, which cannot be so resolved, shall be
subject to binding arbitration upon the written
demand of either party. Arbitration shall take
place in Orlando, FL. Should any legal action
permissible under this Agreement be instituted
to enforce the terms and conditions of this
Agreement, in particular the right to collect
money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable
attorney's fees and expenses incurred at both
the trial and appellate levels. The terms of
this Section will survive any termination of
this Agreement.
14. The Account Holder agrees to indemnify and
hold Cyber-Core.Net, Inc. harmless from any and
all Claims resulting from or connected with any
activities conducted by the Account Holder. The
Account Holder and Cyber-Core.Net, Inc. will
promptly notify the other upon receipt of any
Claim or legal action arising out of activities
conducted pursuant to this Agreement. The rights
and responsibilities established in this
paragraph will survive any termination of this
Agreement.
15. Cyber-Core.Net, Inc. may include the Account
Holder's name and contact information in
directories of Cyber-Core.Net, Inc. service
subscribers for the purpose promoting the use of
the services by additional potential clients.
However, Cyber-Core.Net, Inc. is not authorized
to print the Account Holder's name, trademarks
or other identifying information in any other
advertising or promotional materials without the
prior written consent of the Account Holder.
16. The interpretation and enforcement of this
Agreement shall be governed according the laws
of the state of Florida (excluding its choice of
law rules) and the federal laws of United States
applicable therein. The Account Holder hereby
consents to personal jurisdiction in the federal
and provincial courts of Orlando, Florida for
any action arising out of or relating to the
Account Holder's use of the Cyber-Core.Net, Inc.
services. The federal and provincial courts of
Orlando, Florida will have exclusive
jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to
recover all legal expenses incurred in
connection with the action, including but not
limited to its costs, both taxable and
non-taxable, and reasonable attorney's fees. The
terms of this Section will survive any
termination of this Agreement.
17. Notices required by this Agreement shall be
in writing and shall be delivered either by
personal delivery or by mail. If delivered by
mail, notices shall be sent by any express mail
service; or by certified or registered mail,
return receipt requested; with all postage and
charges prepaid. All notices and other written
communications under this Agreement shall be
addressed to the individuals in the capacities
indicated below, or as specified by subsequent
written notice delivered by the party whose
address has changed.
18. Because the Internet is a global
communication tool, and we have clients from
nearly every country in the world it is
difficult to dictate what is considered "adult
material." However, it is not our function to
discriminate against those who choose to utilize
adult content or adult related material. This
being said, there are still several reasons why
Cyber-Core.Net has been forced to create its no
adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund
if account is cancelled within the initial 30
days after sign up. Reseller account holders can
receive a refund if account is cancelled within
the initial 7 days after sign up. If the account
holder cancels after the time period specified,
there will be no refund given.
20. Cyber-Core.Net, Inc. may temporarily deny
service or terminate this Agreement upon the
failure of Account Holder to pay charges when
they become due. Such termination or denial will
not relieve the Account Holder of responsibility
for the payment of all accrued charges, plus
reasonable interest and any collection fees.
21. If an account holder's account becomes
overdue, the account will be suspended. Interest
will accrue on the overdue account at a rate of
5% per month until the outstanding balance is
paid in full.
22. If an account holder charges back for
services rendered, a $50.00 charge back fee will
be added to the amount charged back by the
customer.
23. If an account holder's account is overdue
for 90 days, the account will be handed over to
an outside collection agency. At that time the
account holder will incur a $50.00 collection
fee added to the balance previously due.
24. All accounts are subject to verification by
our Billing Department.
25. Terms of Verification: We must be able to
verify your account within 24 hours of signup.
Verification for U.S. citizens can be done by
phone. For foreign account holders documentation
can be sent via fax or uploaded through our
secure form. If we cannot verify your account
within 24 hours, the account will be suspended
until verified.
26. Check/Money Order Payments.
A. New accounts utilizing check/money order
payment will not be activated until payment is
received.
B. Returned checks will incur a $50 worthless
check fee. Any account holder who incurs a
worthless check fee will be required to pay all
future payments via money order or cashier's
check.
C. Customers utilizing check/money order payment
must have their check or money order payment to
us within 10 days of their rebill date. Failure
to do so will result in account suspension.
D. International customers that wish to utilize
the check/money order payment option must pay
via International Money Order and payments must
be received within 10 days of their rebill date.
Failure to do so will result in account
suspension.
27. Billing Information: All account billing
information including email and phone, must be
valid at all times for the account to remain
active. If the billing information provided is
inaccurate, 24-hour notice is given to update
the information before account suspension. If
the account holder is not available by phone
(foreign accounts) or no alternate contact email
address is given, account will be suspended
immediately.
28. You agree that Cyber-Core.Net, Inc. may
establish limits concerning use of any
Cyber-Core.Net, Inc service offered on any
Cyber-Core.Net, Inc. web site, including without
limitation the maximum number of days that
e-mail messages will be retained by any
Cyber-Core.Net, Inc. service, the maximum number
of e-mail messages that may be sent from or
received by an account on any Cyber-Core.Net,
Inc. service, the maximum size of an e-mail
message that may be sent from or received by an
account on any Cyber-Core.Net, Inc. service, the
maximum disk space that will be allotted on
Cyber-Core.Net, Inc.'s servers on your behalf
either cumulatively or for any particular
service. You agree that Cyber-Core.Net, Inc. has
no responsibility or liability for the deletion,
corruption or failure to store any messages or
other content maintained or transmitted by any
Cyber-Core.Net, Inc. service. You acknowledge
that the features, parameters (for example, the
amount of storage available to users) or
existence of any Cyber-Core.Net, Inc. service
may change at any time.
29. OFAC Compliance: Cyber-Core.Net Inc. is an
American corporation and is subject to
international commerce regulations by The Office
of Foreign Asset Control of the US Department of
the Treasury. This office administers and
enforces economic and trade sanctions based on
US foreign policy and national security goals
against targeted foreign countries, terrorists,
international narcotics traffickers, and those
engaged in activities related to the
proliferation of weapons of mass destruction.
You hereby agree to abide by all laws, rules,
guide lines and regulations set out by the OFAC.
You further agree to hold Cyber-Core.Net, Inc.,
it’s agents, officers and assignees blameless if
your actions while utilizing our reseller and
hosting services ever violates these
prohibitions. In general you agree to not sell
hosting services under any circumstances to any
entity located in the following countries:
Balkans, Burma (Myanmar), Cuba, Iran, Iraq,
Liberia, Libya, North Korea, Sudan, Syria,
Zimbabwe. Also prohibited is the selling of
hosting services to “Specifically Designated
Nationals” SDNs or blocked persons. For more
information and a list of SDNs, blocked persons
and sanctioned countries please go here: http://www.treas.gov/offices/enforcement/ofac/
What does Cyber-Core.Net consider "Adult
Material?"
Any site whose revenue is gained in part or
whole from its adult content.
Photos or videos showing frontal nudity on
either men or women for non-scientific or
non-artistic purposes.
Photos or videos showing graphic violence, death
or dismemberment.
Photos or videos showing graphic violence or
death.
Websites containing information or affiliation
of known or suspected terrorist organizations.
Revenue-generating hyperlinks to sites who
violate policy #1.
Why does Cyber-Core.Net have this policy?
Bandwidth and Resources
A virtual server is a shared environment where
many servers reside on each particular machine.
This being said, consider that an average "adult
site" gets more hits than 100 standard websites.
Some of the smaller adult sites get around 5 GB
of transfer per day. With these types of
resources being utilized, our servers would be
severely slowed if we allowed these high traffic
sites to also reside on our servers. On top of
that, we would be forced to raise our prices to
pay for the additional bandwidth. We strive to
keep our servers fast and inexpensive, and our
bandwidth clear; therefore, adult sites are not
an option.
Cyber-Core.Net reserves the right to decide what
it considers "adult content", "adult material",
"sexually explicit", or "sexually related". Let
us know if you are unsure of the approval of
your site before placing an order. |
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Full
hardware support 
Greg Eagan, manager
