General service agreement
- This agreement is between the parties CYMANET SOFTWARE ANS SOLUTIONS (hereafter referred to as "CYMANET", "we", "us", "our"), and Customer (hereafter referred to as "you" or "your").
- You agree to the terms and conditions of this User Agreement, and its attachements and appendixes, as they may change from time-to-time, including:
- Acceptible Use Policy
- Billing Policy
- Privacy Statement
- Domain Registration Agreement
- Personal Data Statement
- Ownership Rights and Licenses. Customer is the owner of Customer's Domain Name (if applicable) and all of Customer's Content. CYMANET is the owner of CYMANET's Domain Name. Customer grants to CYMANET, in conjunction with Customer's Website only, a nonexclusive, nontransferable royalty-free, worldwide license to reproduce, distribute, publicly display, and digitally perform the Content and the tools and work product (such as the HTML, Java applets, CGI scripts, and ActiveX controls) for Customer's Website. Customer further grants to CYMANET a nonexclusive, nontransferable, royalty-free, worldwide license to use Customer's Domain Names, trade names and other commercial designations for purposes of creating content directories and indexes and for marketing and promoting the Website. The licensing rights granted in this paragraph will automatically terminate with the termination of CYMANET's service for Customer.
- Termination for Cause. Customer and CYMANET shall each have the right to terminate this Agreement in the event of any material breach of this Agreement. Notice prior to termination may or may not be given, depending on the severity of the violation.
- Referrals Following Termination. If Customer is required to move its Domain Name following any termination of this Agreement, CYMANET will, for a maximum period of 30 days upon customer's request, maintain the Website's URL. At such URL, CYMANET will provide one Web Page (including a hypertext link) that Customer may use to direct its users to its new Website or other URL of Customer's choosing. However, CYMANET will have no obligation to provide such referral if CYMANET reasonably believes Customer was engaged in activities on the Website that violate any laws.
- Non-Transferability. Your account and the right to use our services, equipment, and infrastructure, are non-transferable unless we give our consent in writing. User agrees to protect their account password and to keep it secure from unauthorized users. If CYMANET discovers that the user's account is being used improperly for any reason, CYMANET, at its discretion, can at any time suspend or cancel the user's account.
- Changes to Service. The services that we provide are expected to change as technology changes and systems are upgraded. We reserve the right to change any service or feature that we offer with 10 days notice to you. This includes changes to network access, and all system hardware and software.
- Customer Data. You are responsible for keeping a current and complete copy of your Data in your own possession. Although we may maintain backups of your data for disaster recovery purposes, it is ultimately sponsibility to keep a copy of all files in your own possession.
- CYMANET Limited Warranties. CYMANET represents that it will provide the quality and quantity of services, as orderd by customer, and as described on the CYMANET website.
- Customer Warranties. Customer represents that it will not at any time post, upload, display, or otherwise distribute any Content that violates CYMANET's Acceptable Use Policy (below).
- Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, CYMANET AND CUSTOMER EACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME CASES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
- Indemnification. Customer and CYMANET each agree to indemnify, defend and hold harmless the other from and against any third party claim, action, suit, or proceeding arising out of the inaccuracy of any respective representation stated in paragraphs 7 and 8 above. Such indemnity shall apply to all losses, damages, liabilities, and reasonable attorney's fees and costs incurred by the party receiving the benefit of this paragraph.
- Limitations on Liability. Subject to each party's respective indemnity obligations in section 10, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement and/or CYMANET's services. Some states do not allow the exclusion of limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer. CYMANET's liability to Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the total fees paid by Customer to CYMANET.
- Miscellaneous Provisions.
- If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
- The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created. Neither party shall have the power to obligate or bind the other.
- Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent.
Acceptable use policy
You may not upload any material, transmit any message, link to any website, execute any program, or otherwise use our services or infrastructure to engage in any activity, that:
- Infringes on any copyright, trade secret rights or patent rights of any third party;
- Violates any law or regulation, including without limitation the laws and regulations governing export control;
- Solicits the performance of any illegal activity;
- Is defamatory or trade libelous;
- Is pornographic, or obscene;
- Contains nudity or adult matieral;
- Contains discriminatory or hate propaganda;
- Contains "warez", hacking-related material, or material which promotes the illegal distribution of software;
- Contains viruses, Trojan horses, worms, time bombs, or cancelbots;
- Contains any computer program or defect intended to damage a computer system or its data;
- Attempts to gain unauthorized entry into another system or service;
- Conceals the identity of a person or system, by forging headers, or spoofing IP addresses, for example;
- Attempts to disable a system or service through the use of denial-of-service (DOS) attacks;
- Collects ("harvests") email addresses from mailing lists, newsgroups, or websites;
- Transmits unsolicited email in any amount;
- Results in multiple complaints from third parties.
You may not transmit, or solicit the transmission of, unsolicited email. You may not use unsolicited email to link to, or drive traffic to, any website we host, or any other service that we provide. We define "unsolicited email" to include:
- Unsolicited commercial email (UCE);
- Opt-out mailing lists;
- Any message sent to a mailing list which was created by harvesting or collecting email addresses in any manner that does not obtain EXPLICIT permission from its recipient(s);
- Any message sent in high volume for the purpose of disabling or annoying its recipient(s);
- Any message that results in multiple complaints from its recipient(s).
Shared Web Hosting share a common pool of resources, you may not monopolize our resources to the detriment of others. If your resource utilization approaches levels that might negatively impact other customers, we will notify you, and you will be required to reduce resource utilization, or purchase dedicated services. If your account severely impacts other customers, we may temporarily suspend your account without notice. You affect resource use in many ways, including:
- The rate and complexity of CGI scripts that you execute;
- The rate and complexity of database queries that you execute;
- The volume and frequency that you use email, FTP, control panel, and other services;
- The size and number of files that you upload to your website;
- The number of hits that your website receives;
- Your storage requirements, including email, database, and website storage.
If you violate these rules, you may be subject to additional charges for the costs and time we spend on diagnostics and troubleshooting, corresponding with legal counsel, communicating with authorities, responding to complaints, removing files, deleting unsolicited correspondence, and/or suspending or terminating your account.
If we believe that you are violating, or have violated these rules, we may, at our sole discretion, immediately suspend or terminate your account without notice. If we terminate your account, this does not release you from liability for charges due and owing.
We accept Cash, Paypal and Banktransfer. All payments must be in EUR currency.
Checks & Wire Transfers: Because we do not activate new accounts until payment is received, we recommend that you pay using a credit card or eCheck. CYMANET is NOT responsible for delays in processing check payments sent by mail. Send check payments to: CYMANET Inc., PO BOX 502010, San Diego, CA 92150-2010. Or, send overnight payments by express mail to: CYMANET Inc., 14284 Danielson St, Poway, CA 92064. We accept wire transfers for amounts over two hundred dollars; a $10.00 processing fee applies. When selecting your wire transfer amount, please be sure to account for your own bank's processing fees.
If you send us a check that is returned unpaid (a "bounced check"), or if your credit card charge is disputed by the issuing bank (a "chargeback"), we will charge you a $25.00 processing fee, and assess the returned payment amount to your account. If we suspect fraud, we may immediately suspend your account without notice. If multiple payments from you are returned, we will require that you pay by cashier's check or money order.
For monthly recurring services, you may choose to be billed monthly , quarterly, or annually. For all other services, pre-payment is normally required.
If you fail to pay your bill within 30 days, we will assess a monthly late payment fee of 1.5% or 5EUR, whichever is greater.
If you fail to pay your bill within 60 days, we will assess an additional late payment fee, and we will suspend your account. We will not reactivate a suspended account until we receive payment in full, at which time it will be subject to a 10EUR account reactivation fee. Although we may suspend your account, you are not eligible for a refund for the time that your account was suspended.
Please see Terms For Domain Registration for more information about Domain Names.
- What personally identifiable information is collected from you through our website, how it is used and with whom it may be shared;
- What choices are available to you regarding the use of your data;
- The security procedures in place to protect the misuse of your information;
- How you can correct any inaccuracies in the information.
Information collection, use, and sharing
We are the owner of the information collected on our website. We only collect information that you voluntarily give us via email, our control panel system, our online order forms, and/or other direct contact we have with you. We will not sell or rent this information to anyone. This information includes your name, address, phone number, fax number, email address, and credit card information required to establish service.
When you contact us, we will use your information to respond to your question, or to provide you with information regarding our services. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we may contact you via email, phone, fax, or mail in the future to tell you about specials, new products or services, or changes to our policies.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Whenever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a "closed-lock" icon at the bottom of your web browser, or by looking for "https" in the location bar of your web browser.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The systems in which we store personally identifiable information are kept in a secure environment.
We use "cookies" on this site. A cookie is a small piece of data stored on your hard drive that help us improve your access to our site, and helps us to identify repeat visitors to our site. These cookies are primarily used to store configuration information in your account control panel, and never contain personally identifiable information.
Links to other websites
This agreement may be changed at anytime without notice.