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All Web Hosting, Dedicated Hosting, Web Site Design, Programming, Managed Services, Co-Located Servers, are bound by this Terms of Service. Dedicated Accounts should refer to their individual hosting agreements, as warranted.
Setup Fees including, but not limited to, additional programming are nonrefundable.
All dedicated and 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 dedicated, 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 CyberSharks.Net, is at Customer's sole and absolute risk. CyberSharks.Net 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.
CyberSharks.Net will utilize its best efforts to maintain acceptable performance of services, but CyberSharks.Net 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 CyberSharks.Net or its agents or employees shall create a warranty. CyberSharks.Net 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 CyberSharks.Net 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. CyberSharks.Net 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 with CyberSharks.Net 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 CyberSharks.Net’s servers that such information becomes available to all Internet users and that CyberSharks.Net 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 of CyberSharks.Net, 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 CyberSharks.Net or on the Internet generally.
You agree to indemnify, defend, and hold harmless CyberSharks.Net 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, CyberSharks.Net, 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 CyberSharks.Net services for lawful purposes. In the event that at any given time, CyberSharks.Net believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, CyberSharks.Net 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. CyberSharks.Net 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 from CyberSharks.Net, 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 CyberSharks.Net 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 CyberSharks.Net may apply the amount due to the provided card at any time. CyberSharks.Net 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 CyberSharks.Net or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
CyberSharks.Net will not be responsible for any damages your business may suffer. CyberSharks.Net makes no warranties of any kind, expressed or implied for services we provide.
CyberSharks.Net reserves the right to terminate web services for any reason.
CyberSharks.Net 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 CyberSharks.Net and its employees. The services provided by CyberSharks.Net are provided AS-IS and without any warranty expressed or implied. CyberSharks.Net reserves the right to revise its policies at any time.
By placing and continuing to maintain or place information on CyberSharks.Net'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. |
