Terms of
Service:
CyberHostPlus.biz follows the strict
guidelines of our customer privacy statement. Please make sure you understand
the Privacy statement fully.
CyberHostPlus.biz provides Internet World Wide Web page hosting, Marketing, and
Development. CyberHostPlus.biz has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these services.
CyberHostPlus.biz general policy is to act as a provider of Internet presence.
CyberHostPlus.biz has specific ethical concerns regarding the use of its
computers detailed below. CyberHostPlus.biz reserves the right to suspend or
cancel a customer's access to any or all services provided by CyberHostPlus.biz
when we decide that the account has been inappropriately used.
Because CyberHostPlus.biz offer unlimited
hosting for our reseller their are some restrictions that we must address:
No Resellers:
As a reseller with CyberHostPlus.biz, you can NOT have resellers under
you. You can not offer your clients the opportunity to resell unlimited domain
and web space. If you are hosting multiple account for one client at one low
price, then this is acceptable, however, you can not allow them to resell
account for you.
You can setup an affiliate link for your
hosting service and allow customers to signup and make a commission on every
package that they refer to you.
Any CyberHostPlus.biz reseller caught trying to allow
customer to resell for you at one low price will be immediately terminated and
will not be notified of termination. Also, there will be NO refund made
due to termination.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of
CyberHostPlus.biz is strictly prohibited.
Unauthorized use of other people's accounts or computers CyberHostPlus.biz will
strongly react to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords), password robbery,
security hole scanning etc.
Any unauthorized use of accounts or computers by a CyberHostPlus.biz customer,
whether or not the attacked account or computer belongs to CyberHostPlus.biz,
will result in action against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - CyberHostPlus.biz has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to violation of the terms outlined below. Customers
may not run IRC, bots or clients. Unacceptable uses also include, but are NOT
limited to: Bulk emailing, unsolicited emailings, newsgroup spamming,
excessive incoming emails ( junk emails) pornographic content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or anything else
determined by CyberHostPlus.biz to be unacceptable use of CyberHostPlus.biz's
services including abuse of server resources.
Accounts may be terminated that include the following content or which have
links to the following content:
Providing material that is grossly offensive to the Web community including
blatant expressions of bigotry, racism, hatred, or profanity Promoting or
providing instructional information about illegal activities, or promoting
physical harm or injury against any group or individual Displaying material
containing obscene nudity or pornographic material Displaying material that
exploits children under 18 years of age Acts of copyright infringement including
offering pirated computer programs or links to such programs, information used
to circumvent manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker utilities
Abuse of Traffic and Bandwidth:
CyberHostPlus.biz's resellers are offered unlimited traffic for
their Hosting web sites. Each of the Domains in the resellers acct are limited
to 10 GB month. The intention of CyberHostPlus.biz is to provide a large space
to serve web documents, not an off site storage area for electronic files. All
(90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on CyberHostPlus.biz's server. Web sites that are found to contain
either/or no html documents, a large number of unlinked files are subject to
warning, suspension or cancellation at the discretion of CyberHostPlus.biz
management. Any customer who violates CyberHostPlus.biz's Policies in abusing
either space/site transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted period, the client
will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on
other domains. Sites with picture galleries (This is any site where 50% of the
files transferred is graphics) Sites offering download files or archives. (This
is any site where 50% or more of there monthly traffic is from file downloads).
Sites using more than 30% of system resources for longer than 60 seconds. Sites
running multimedia files (QuickTime, Real Audio, Real Video, MP3).
Bandwidth is advertised as unlimited for the resellers...but it is closely monitored ,
all websites in the reseller accounts cannot go over 10 GB per month. Thereafter, normal data transfer
cost of $20.00/1GB/month and will be billed to your reseller account UNLESS
additional bandwidth is ordered for that domain in advance. Additional bandwidth
can be purchased in 10 gig blocks at a recurring billing amount of 20.00 per
block, please contact
support@cyberhostplus.biz to set this up for you. It is the customers
responsibility to monitor bandwidth usage. You will receive an e-mail notice
when you have gone over your allotted bandwidth. CyberHostPlus.biz may
temporarily disable your website, until contact is made with the client, if
CyberHostPlus.biz deems the bandwidth overage excessive. You will have 7 days to
pay for your overages before the account is sent to collections.
CyberHostPlus.biz will be the sole arbiter as to what constitutes a violation of
this provision.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation. Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account suspension or cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such. Sending a message,
especially an advertisement, to more than five or six recipients, is by itself
spamming unless the individuals have specifically requested to be added to a
mailing list on that topic. E-mail is a person-to-person medium, not a broadcast
medium. Upon your first Spam offense your mail will be disabled for 72 hours.
Upon your second Spam offense your entire domain will be disabled for 72 hours
and you will be fined $100.00 per sent Spam. Upon your third offense your
account with CyberHostPlus.biz will be terminated, you will be fined $200.00 per
sent Spam. No refunds will be given if your account is terminated for Spam.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you
wish, however we reserve the right to disable any CGI script that effects normal
server operation without prior warning.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2000 pieces of e-mail per day. If you
do send more than 2000 pieces of e-mail per day, your account will be placed on
hold for Network Abuse. If you are sending legitimate e-mails and they total
more than 2000 per day your account will be moved to a special server that is
specifically designed to handle high volumes of e-mail. You will be charged
$50.00/month in addition to your regular hosting charges if your account is
moved to this server. Please contact admin@CyberHostPlus.biz to have your domain
moved.
Background Running Programs:
We may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies:
All accounts are set up on a month to month basis. All pricing is guaranteed for
the term of monthly payments. CyberHostPlus.biz reserves the right to change
prices at any time, unless other terms have been agreed upon. Any account not
brought current within a week (7 days) of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer is responsible for all
money owed on the account from the time it was established to the time that the
customer notifies CyberHostPlus.biz by email (cancellation@CyberHostPlus.biz)
requesting termination of services. All payment is in U.S. currency.
CyberHostPlus.biz will bill each client $50 per returned check and $50 per wire
transfer received.
Cancellation:
CyberHostPlus.biz reserves the right to cancel service at any time. All fees
paid in advance of cancellation will be pro-rated and paid by CyberHostPlus.biz
if CyberHostPlus.biz institutes it's right of cancellation. Any violation of
policies which results in extra costs will be billed to the customer (i.e.
transfer, space etc.)
All of CyberHostPlus.biz's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of service, you will be given a full refund of the
service amount. For web hosting services of 1 months or less, the full contract
amount less any overages will be refunded if CyberHostPlus.biz is notified
within the first 30 days following activation. No refund is available after the
30th day. This policy does not apply to any additional services such as
overages, referrer logs, real audio/video, additional disk space, additional
IP's, additional pop accounts, etc.
Cancellation of service, must be done as the
following:
Send an email to webmaster@CyberHostPlus.biz
with your domain name, username, password, and a full statement allowing us to
cancel service.
Your files WILL BE DELETED when we receive this email. Phone or email requests
will not constitute acceptance of any cancellation and a refund will NOT be
given if cancellation is not properly requested. Refunds will be made by company
check or issued back to your credit card within 30 days of receipt of
cancellation, if a refund is due.
Lawful Purpose:
CyberHostPlus.biz reserves the right to refuse service to anyone. Customers may
only use CyberHostPlus.biz server for lawful purpose. Transmission of any
material in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such described above is left entirely to the
discretion of CyberHostPlus.biz management. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue this contract was
entered into in Reno, Nevada, and any dispute will be litigated or
arbitrated in Reno, Nevada, The parties waive any objection based on
inconvenient forum in the context any manner of dispute resolution commenced
within the County of Washoe.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
CyberHostPlus.biz HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS
AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST
CyberHostPlus.biz, ITS AGENTS, ITS CUSTOMERS, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CyberHostPlus.biz AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CyberHostPlus.biz'S
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4)
ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM CyberHostPlus.biz'S SERVERS.
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