Terms
Of Service
All Web Hosting, Web Site Design, Programming, Managed Services,,
are bound by this Terms of Service.
Setup Fees including, but not limited
to, additional programming are nonrefundable.
All hosting fees are due in advance
of the services provided. Failure to pay in advance may result in
termination or suspension of services without notice. Prices are
subject to change without notice. Programming and web site design
work is due upon receipt with no exceptions. Programming and web
site design is billed weekly normally charged to your credit card
or with prior approval sent as an email invoice and should be paid
in full by the following week or programming/web site design will
stop and all hosting, managed services will also be interrupted.
If you cancel your service you will
be refunded the prepaid fees for any unused month, once those services
are no longer being provided, not including setup fees, if you have
a contract, the terms of the contract apply. If you cancel your
service, but fail to transfer your site(s) to another provider and
continue to utilize our hosting network you will be billed until
such time that you are no longer utilizing our services. If you
wish services to cease immediately, you must request that our services
be discontinued immediately.
The use of any data or material,
which Customer receives from the service provided by CyberSurfHosting.com,
is at Customer's sole and absolute risk.CyberSurfHosting.com specifically
disclaims and denies any responsibility for the completeness, or
accuracy of quality of any and all information obtained through
the services to be provided hereby.
CyberSurfHosting.comt will utilize
its best efforts to maintain acceptable performance of services,
butCyberSurfHosting.com makes no warranties or representations of
any kind for the services being offered. The service is provided
on an "as is" and "as available" basis without
warranties of any kind, either express or implied, including but
not limited to warranties of title, noninfringement, or implied
warranties of merchantability or fitness for a particular purpose.
No advice or information given by CyberSurfHosting.com or its agents
or employees shall create a warranty.CyberSurfHosting.com provides
no warranty that the service will be uninterrupted or error free
or that any information, email, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall CyberSurfHosting.com be liable for
any direct, indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to use the
service, or for third parties' use of the service to access your
Web space, or to access the Internet or any part thereof, or your
or any third parties' reliance on or use of information, services,
or merchandise provided on or through the service, or that result
from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any failure of
performance. CyberSurfHosting.com is not responsible for equipment
failure or loss of data at anytime. Data stored on our servers is
not guaranteed to be backed up. It is recommended that you keep
an independent backup of all data stored on your computer. If you
are dissatisfied withCyberSurfHosting.com service or any of its
terms, conditions, rules, policies, guidelines, or practices, your
sole and exclusive remedy is to discontinue using the service.
You understand that by placing information
on CyberSurfHosting.com servers that such information becomes available
to all Internet users and thatCyberSurfHosting.com has no way of
limiting or restricting access to such information or protecting
such information from copyright infringement. You assume total responsibility
and risk for your use ofCyberSurfHosting.com, servers and the Internet.
It is solely your responsibility to evaluate the accuracy, completeness,
and usefulness of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise provided
through CyberSurfHosting.com or on the Internet generally.
You agree to indemnify, defend, and
hold harmless CyberSurfHosting.com from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees, causes of action
or claims caused by or resulting indirectly from your use of the
service which damages either you, CyberSurfHosting.com, or any other
party or parties without limitation or exception. This indemnification
and hold harmless agreement extends to all issues associated with
your account, including but not limited to domain name selection
and Web site content.
The Customer may only use CyberSurfHosting.com
services for lawful purposes. In the event that at any given time,
CyberSurfHosting.com believes that the service is being used by
the Customer in contravention with any of the terms and provisions
contained in this Agreement, CyberSurfHosting.com has the right
to immediately discontinue such service to Customer without liability
other than to refund any unearned prepaid service fees. The following
are restrictive uses and shall be cause for the immediate termination
of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation
of US export restrictions, embarrassment, fraud, trafficking in
obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or 'Spamming' is a violation
of State and Federal Law and is otherwise a violation of this agreement.
c. Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), trolling (posting outrageous
messages to generate numerous responses, mailbombing (sending multiple
messages without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system.CyberSurfHosting.com reserves the right to determine what
is Net abuse;
d. Distribution of information, transmission, storage, data, or
material in violation of applicable law or regulations is strictly
prohibited. This includes, but is not limited to: registered or
unregistered designs, trade marks; copyright material; confidential
information and any other intellectual property rights used without
proper authorization; defamatory, material that is obscene, which
constitutes an illegal threat, or violates export control laws.
You agree to supply appropriate payment
for the services received fromCyberSurfHosting.com, in advance of
the time period during which such services are provided. You agree
that all setup fees are non-refundable once setup is completed.
You agree that until and unless you notify CyberSurfHosting.com
of your desire to cancel any or all services received, those services
will be billed on a recurring basis. You agree that if you are paying
by credit card, prepayments will be billed and charged automatically,
and that CyberSurfHosting.com may apply the amount due to the provided
card at any time. CyberSurfHosting.com agrees that pro-rated refunds
for unused time periods will be provided upon request, in the event
of account termination. Accounts are due on the 1st of every month.
All accounts over 12 days late will be cut off and there will be
a $25.00 reconnect fee plus the past due balance to have the site
cut on.
This agreement supersedes any written,
electronic, or oral communication you may have had with CyberSurfHosting.com
or any agent or representative thereof, and constitutes the complete
and total agreement between the parties.
CyberSurfHosting.com will not be
responsible for any damages your business may suffer. CyberSurfHosting.com
makes no warranties of any kind, expressed or implied for services
we provide.
CyberSurfHosting.com reserves the right to terminate web services
for any reason.
CyberSurfHosting.com disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by CyberSurfHosting.com and its employees.
The services provided by CyberSurfHosting.com are provided AS-IS
and without any warranty expressed or implied. CyberSurfHosting.com
reserves the right to revise its policies at any time.
By placing and continuing to
maintain or place information on CyberSurfHosting.com's servers
you are stating and acknowledging that you have read the aforementioned
terms and conditions and that you understand such terms and conditions
and agree to be bound by them.