One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that CynPro Web cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because CynPro Web cannot monitor or censor the Internet, and will not attempt to do so, CynPro Web cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that CynPro Web does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over CynPro Web's network and may reach a large number of people, including both subscribers and non subscribers of CynPro Web, subscribers' postings to the Internet may affect other subscribers and may harm CynPro Web's goodwill, business reputation, and operations. For these reasons, subscribers violate CynPro Web policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward CynPro Web, but also because it can overload CynPro Web's network and disrupt service to CynPro Web subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CynPro Web has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Obscene Speech or Materials -- Using CynPro Web's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CynPro Web is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through CynPro Web's network.

Defamatory or Abusive Language -- Using CynPro Web's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- CynPro Web reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that CynPro Web determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. CynPro Web will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with CynPro Web policy or applicable law. When CynPro Web becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

CynPro Web also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching CynPro Web's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. CynPro Web does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. CynPro Web has the right to directly take action against a customer of a subscriber. Also, CynPro Web may take action against the CynPro Web subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, CynPro Web anticipates that subscribers who offer Internet services will cooperate with CynPro Web in any corrective or preventive action that CynPro Web deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CynPro Web policy.

CynPro Web also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CynPro Web urges its subscribers to assume that all of their on-line communications are insecure. CynPro Web cannot take any responsibility for the security of information transmitted over CynPro Web's facilities.

CynPro Web will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. CynPro Web may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CynPro Web may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. CynPro Web assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, CynPro Web may disclose subscriber information or information transmitted over its network where necessary to protect CynPro Web and others from harm, or where such disclosure is necessary to the proper operation of the system.

CynPro Web expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate CynPro Web policy. Finally, CynPro Web wishes to emphasize that in signing the service agreement, subscribers indemnify CynPro Web for any violation of the service agreement, law, or CynPro Web policy, that results in loss to CynPro Web or the bringing of any claim against CynPro Web by any third-party. This means that if CynPro Web is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against CynPro Web, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including CynPro Web and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@cynproweb.com.
CynPro Web sets its standards high and works hard to accomplish our guaranteed uptime so clients can feel confident in the reliability of our service.

If in one month, the average uptime of services is less than 99.9%, CynPro Web will issue a credit upon request to customer's account in the amount of 5% of the customer's monthly bill after the first 30 minutes of total verifiable downtime and 5% for each 30 minutes of total verifiable downtime thereafter. This is not to exceed the the total monthly invoice for the current month.

There might come a time when you cannot access your web site or any other service. This is not necessarily due to CynPro Web. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and CynPro Web, making communication difficult or impossible. We cannot bear the responsibility of such problems. CynPro Web uptime is measured by our statistics software and equipment and is the only means allowed for verifiable downtime. CynPro Web is not able to use third party uptime service reports provided by customers.

Outages that occur due to issues including but not limited to : customer custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), customer installed programs or server applications, any customer negligence, customer willful misconduct, or customer use of Services in breach of our Terms of Service do not apply to this guarantee.

CynPro Web can perform emergency maintenance without notice. Any downtime that occurs during a scheduled or emergency maintenance window shall not be counted towards CynPro Web's Uptime Guarantee.

How to request a credit

To request a credit, you the customer, must send your request details to CynPro Web by sending an e-mail to billing@cynproweb.com. All requests must include domain name and the dates and times of the unavailability of web site and must be received by CynPro Web within 30 days after the end of the calendar month. Credits will be applied within 7 days after CynPro Web's receipt and verification of the credit request and will be applied to the next billing date. Credits are not refundable upon cancellation and can be used only towards future billing charges.