This
Web Hosting Agreement (this "Agreement") sets
forth the terms and conditions of your use of cynproweb.com.
You certify that you are at least 18 years of age. To
become a CYNPROWEB.COM account holder, you must read
and agree to be bound by all terms and conditions of
this Agreement and any policies that are or may be published
by CYNPROWEB.COM. CYNPROWEB.COM reserves the right to
deny service to anyone. CYNPROWEB.COM may modify the
terms and conditions of this Agreement or the prices
of its services, as well as discontinue or change the
services offered. You will be bound by the modified
Agreement, prices and/or policies if you continue to
use the services. Customers that have paid in advance
for services will not be affected by any price changes
until their term is up.
1. Scope
of Services and Your Obligations
1.1.
This Agreement defines the terms and conditions of
CYNPROWEB.COM's services as offered by CYNPROWEB.COM
and used by you, including the provision of web hosting
services on CYNPROWEB.COM's dedicated servers and
connectivity to the Internet (the "Services").
CYNPROWEB.COM will provide the Services for the amount
of server storage space selected in exchange for payment
of fees and full compliance with the terms and conditions
of this Agreement. In performing the Services, CYNPROWEB.COM
maintains control and ownership of any and all Internet
protocol ("IP") numbers and addresses that
may be assigned to you and reserves the right to change
or remove any and all IP numbers and addresses at
its sole discretion.
1.2.
You are responsible for producing, electronically
uploading and maintaining HTML files, execution scripts,
applets and applications (the "Upload Materials")
to your website, and you hereby warrant that all Upload
Materials shall be owned or properly licensed by you
and shall not adversely impact the Services or violate
any rights of any third parties. You are responsible
for ensuring that all Upload Materials will function
properly and as intended. You are responsible for
all activity originating from your website, unless
proven to be a victim of outside hacking or address
forgery. You assume responsibility for all material
on your website that may be put on by a third party
(such as the usage of Free For All links pages). Use
of the Services requires a certain level of knowledge
in the use of Internet languages, protocols, and software,
which can vary depending on your anticipated use and
desired content of your website, and includes, but
is not limited to, the following: web publishing requires
knowledge of HTML, properly locating and linking documents,
FTPing web contents, graphics, text, sound, image
mapping, etc.; FrontPage web publishing requires knowledge
of the FrontPage tools as well as Telnet and FTP understanding
and capability; CGI-scripts requires knowledge of
the UNIX environment, tar & gunzip commands, Perl,
CShell scripts, .htaccess, .htpasswd, permissions,
etc.; and mail requires knowledge of use of mail clients
to receive and send mail, etc. You acknowledge that
you have the necessary knowledge to create, modify
and maintain your website. CYNPROWEB.COM assumes no
responsibility to provide you with such knowledge.
CYNPROWEB.COM is unable to review or analyze your
code/files/data. If you wish CYNPROWEB.COM to analyze
any of your code/files/data then CYNPROWEB.COM may
charge you at the current development/consulting rate.
CYNPROWEB.COM, as a courtesy, may review code/files/data
at no charge to CYNPROWEB.COM Tier 1 customers.
1.3.
In connection with the Services, CYNPROWEB.COM may
provide for your use certain tools and software, including,
but not limited to, certain specialty scripting software
and/or certain programming language software for designing
web sites (collectively, the "Tools"). These
Tools are copyrighted and proprietary property owned
by CYNPROWEB.COM. To the extent that such Tools are
provided to you, you are granted a nonexclusive, nontransferable
license to use the Tools in object-code form only
for your internal use, solely in connection with the
Services provided under this Agreement.
1.4.
During the period that CYNPROWEB.COM provides the
Services to you, you hereby grant to CYNPROWEB.COM
a nonexclusive, royalty-free, worldwide right and
license to digitally display and host your website
and its content, and to use its trademarks, service
marks, trade names, logos and other commercial or
product/service designations in connection with the
website and such Services.
1.5. For
server restoration purposes only, CYNPROWEB.COM makes
back-ups of web sites nightly; however, CYNPROWEB.COM
makes no guarantees of any kind, either expressed
or implied, as to the integrity of these back-ups.
You are responsible to maintain local copies of your
website / data. If loss of data occurs due to an error
of CYNPROWEB.COM, CYNPROWEB.COM will attempt to recover
the data for no charge. Otherwise, CYNPROWEB.COM will
attempt to recover the data from the most recent archive
for a $50 fee. If CYNPROWEB.COM is unable to recover
your website / data then you will need to restore
from your local copy / back-up. Files that are not
backed up are Program files (i.e. .exe, .com), Music
Files (i.e. .mp3, .RM, .RAM, .WAV), Archive Files
(i.e. zip, .arj, .cab). CYNPROWEB.COM does not make
backups of email data.
1.6.
CYNPROWEB.COM reserves the right to monitor its systems
electronically and to access and disclose any information
as permitted or required by any law, regulation or
other governmental request to operate its systems
properly, to protect itself or its account holders
or for any other reason it in good faith deems necessary.
CYNPROWEB.COM will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers
and reserves the right to report to law enforcement
any suspected illegal activity it becomes aware of.
It is not CYNPROWEB.COM's intention that its Services
or facilities be used in contravention of the Communications
Decency Act of 1996 (the "CDA") or any other
applicable law.
1.7. You
agree to comply with the requirements of the CDA and
the Digital Millennium Copyright Act (the "DMCA")
and acknowledge that CYNPROWEB.COM is a "service
provider" under the DMCA and is therefore immune
from liability under the DMCA, including 17 U.S.C.
§ 512. Consistent with the DMCA, CYNPROWEB.COM
will accommodate standard technical measures used
to identify and protect copyrighted works, and, as
further described herein, CYNPROWEB.COM has a policy
of terminating account holders who are repeat copyright
infringers.
1.8. Web
sites are unmodified forums containing the personal
opinions and other expressions of the persons who
post entries on a wide range of topics. Neither the
content of web sites located on CYNPROWEB.COM's servers
nor the links to other web sites are screened, approved,
reviewed or endorsed by CYNPROWEB.COM. CYNPROWEB.COM
is not a publisher of any of the content of web sites,
or of any content that may be available through the
links to and from them, and is acting solely as an
Internet web-hosting service provider. The text and
other material on such web sites are the opinion of
the specific author and are not CYNPROWEB.COM's statements
of advice, opinion or information.
1.9.
CYNPROWEB.COM provides Traffic Reports and log files
on some packages. CYNPROWEB.COM does not guarantee
the availability of these services. CYNPROWEB.COM
may at times remove server log files on the server
without notice to free space on the server. CYNPROWEB.COM
does not guarantee log file availability. CYNPROWEB.COM
does not guarantee Traffic Report Data.
1.10
CYNPROWEB.COM does not provide development support
or internal database support with any of its packages.
If CYNPROWEB.COM is asked by customer to review code
or review database/table/field structure by customer,
then customer will be required to pay the current
labor rate for such service.
1.11
CYNPROWEB.COM charges over bandwidth and over disk
quota charges for accounts that go over their allocated
package amount. Over bandwidth charges are billed
at the 1st of every month at the rate of $3.00 per
GB rounded up to the nearest GB. Over Quota charges
are billed on a daily basis at the rate of $0.25 per
MB that the account is over its bandwidth allocation.
2. Limited Warranty; Limitation of Liability;
Indemnification
2.1.
Limited Warranty. You acknowledge that the Services
are provided "as is." Neither CYNPROWEB.COM,
nor any of its employees or agents, warrants that
the Services will be uninterrupted, error free or
free from viruses or other harmful components. CYNPROWEB.COM
is not responsible for and hereby disclaims any warranties,
either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or completeness,
non infringement, merchantability or fitness for a
particular purpose of information available on its
SERVERS or residing on or passing through its interconnecting
networks. Use of information obtained from or through
the Services is at your risk. Under no circumstances
will CYNPROWEB.COM be liable to you or any other person
for any loss or damage caused by your reliance on
information available on its servers or obtained through
the Services.
2.2.
Limitation of Liability. IN NO EVENT SHALL CYNPROWEB.COM
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR
OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR
DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE
CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
OR YOUR USE OR INABILITY TO USE CYNPROWEB.COM'S SERVICES
(INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CYNPROWEB.COM'S
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EVEN IF CYNPROWEB.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL CYNPROWEB.COM'S
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO CYNPROWEB.COM FOR THE SERVICES DURING THE PRIOR
TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE
LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, CYNPROWEB.COM'S
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3.
Indemnification. You agree to indemnify, defend and
hold CYNPROWEB.COM and its affiliates, directors,
officers, employees and agents harmless from and against
any liabilities, losses, damages or costs, including
reasonable attorneys' fees, resulting from any third-party
claim, action, dispute or demand related to your use
of the Services, your violation of any of the provisions
of this Agreement or from your placement or transmission
of any materials or content onto CYNPROWEB.COM's servers.
Such liabilities may include, but are not limited
to, those arising from the following: (a) with respect
to your business, (i) infringement or misappropriation
of any intellectual property rights; (ii) defamation,
libel, slander, obscenity, pornography, or violation
of the rights of privacy or publicity; or (iii) spamming,
or any other offensive, harassing or illegal conduct
or violation of the acceptable uses described herein
or anti-spam policy; (b) any damage or destruction
to CYNPROWEB.COM's equipment or to any other accountholder,
which damage is caused by or otherwise results from
acts or omissions by you, your representative(s) or
your designees; (ac) any personal injury or property
damage arising out of your activities related to the
Services, unless such injury or property damage is
caused solely by CYNPROWEB.COM's gross negligence
or willful misconduct; and (d) any other damage arising
from your equipment or your business.
3. Payment
of Fees
3.1.
CYNPROWEB.COM will publish a notice of fee increases
30 days before such increases take effect via e-mail.
3.2.
You agree to provide CYNPROWEB.COM with accurate and
complete billing information, including your legal
name, address, telephone number, e-mail address and
applicable payment date and to update this information
immediately if any change occurs. Payments must be
submitted in advance of receiving the Services.
3.3.
You acknowledge that CYNPROWEB.COM will bill your
credit card prior to the Payment Interval you have
chosen. You authorize automatic billing by CYNPROWEB.COM
on an on-going basis during the term of this Agreement.
3.4.
CYNPROWEB.COM will charge a $15 service charge per
credit card charge back transaction and a $25 service
charge per returned check.
3.5.
Delinquent accounts are those that remain unpaid at
the beginning of the next Payment Interval. The Services
will be suspended if your account is delinquent. Notwithstanding
any other rights CYNPROWEB.COM may have in this Agreement,
all of your website contents will be destroyed if
your account is delinquent for 60 days. CYNPROWEB.COM
accounts continue to accrue charges while they are
delinquent or if the Services are suspended.
3.6. All
free domain names will reflect as a credit on the
user's account. Should the user decide to cancel their
service during the 30 day money back guarantee, a
full refund will be applied minus the cost of the
domain name.
3.7.
You acknowledge responsibility for your account until
payment in full is made.
4. Acceptable
Uses
4.1.
Use and Misuse of the Services. All complaints of
abuse, violation and misuse of the Services, whether
described in this Section 4 or otherwise, shall be
investigated promptly. If you are not sure if your
actions will be an abuse, violation or misuse, please
ask first: abuse@cynproweb.com.
You are responsible
for all use of your website, with or without your
knowledge or consent.
You agree to use the
Services only for lawful purposes, in compliance with
all applicable laws. Illegality includes, but is not
limited to, drug dealing; attempting without authorization
to access a computer system; pirating (distributing
copyrighted material in violation of copyright law,
specifically MP3s, MPEGs, ROMs, and ROM emulators); file hosting;
gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent
with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals
or groups; violating U.S. export restrictions; stalking;
or violating other state or federal law, such as the
Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
When CYNPROWEB.COM
becomes aware of possible violations of this Agreement,
CYNPROWEB.COM may initiate an investigation that may
include gathering information from you and the complaining
party, if any, and examination of material on CYNPROWEB.COM's
servers.
All accounts must refrain
from averaging more then 10% of system resources.
It is against CYNPROWEB
policy for any individual to swear at or make degrading
comments to CYNPROWEB employees. If an individual
deliberately directs any inappropriate or obscene
expletive towards CYNPROWEB and or its employees,
will constitute termination of service without refund.
CYNPROWEB.COM, in its
sole discretion, will determine what action will be
taken in response to a violation on a case-by-case
basis. Violations of this Agreement could subject
you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT,
YOU AGREE TO WAIVE AND HOLD CYNPROWEB.COM HARMLESS
FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CYNPROWEB.COM
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION
OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION
THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS
MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER
FROM CYNPROWEB.COM AS A RESULT OF CYNPROWEB.COM'S
DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN
YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY
OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF CYNPROWEB.COM'S CONCLUSION
THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES
TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2.
Use and Misuse of Materials. Materials in the public
domain (e.g., images, text, and programs) may be downloaded
or uploaded using the Services. You may also re-distribute
materials in the public domain. You assume all risks
regarding the determination of whether the material
is in the public domain.
You are prohibited
from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful
material include, but are not limited to, threats
of physical harm, child pornography, and copyrighted,
trademarked and other proprietary material used without
proper authorization. Pornography and sex-related
merchandising, or links to such material, even if
legal, are not acceptable uses of CYNPROWEB.COM's
servers. You may not post, upload or otherwise distribute
copyrighted material on CYNPROWEB.COM'S servers without
the consent of the copyright holder.
Unacceptable uses of
website content also include the presence of the following
programs or the activities associated with them, regardless
of whether or not any actual intrusion results in
the corruption or loss of data: server broadcast messages
or any message sent on an intrusive basis to any directly
or indirectly attached network; attempts to circumvent
any user authentication or security of host, network,
or account; accessing data not intended for user;
probing the security of any network; spawning dozens
of processes; port scans, ping floods, packet spoofing,
and forging router information; denial of service
attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land and teardrop; promulgation of
viruses; and IRC bots, such as eggdrop or BitchX.
CYNPROWEB.COM supports
free speech on the Internet and will not suspend or
cancel your account simply because it disagrees with
your views expressed at your website. However, examples
of unacceptable activities include posting private
information about a person without his or her consent,
defaming a person or business, and knowingly making
available code that will have a deleterious effect
on third-party computers. Where there are allegations
that your on-line activity has violated the legal
rights of a third party, CYNPROWEB.COM will not substitute
itself for a court of law in deciding tort claims
raised by the third party.
4.3.
Email Use. Unacceptable affronts to netiquette and
unacceptable activities include, but are not limited
to, the following: spamming (sending unsolicited advertising
to those with which you have no existing business
relationship and posting off-topic advertising in
newsgroups); spoofing (using a return email address
that is not the valid reply address of the sender
or sending an email message that does not contain
enough information to enable the recipient to identify
you); passive spamming (promoting a website hosted
by CYNPROWEB.COM by spamming from some other source);
trolling (posting controversial messages in newsgroups
to generate responses); mail bombing (inundating a
user with email without any serious intent to correspond
or sending large or multiple files to a user); generating
a higher volume of outgoing mail than a normal user
(over 10% of available system resources); propagating
chain letters; and subscribing someone else to an
electronic mailing list without that person's permission.
A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient
who has not requested the message. Making an email
address available to the public does not constitute
a request to receive messages. Distribution of mass
emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited
email. If you are repeatedly mail bombed or attract
such behavior, the Services will be terminated.
You should not send
email to any user who does not wish to receive it,
either at CYNPROWEB.COM or elsewhere. CYNPROWEB.COM
recognizes that email is an informal medium; however,
you must refrain from sending further email to a user
after receiving a request to stop.
You may not alter the
headers of email messages to disguise their identity
or to prevent users from responding to the messages.
CYNPROWEB.COM may disclose the usernames of accounts
responsible for forged email messages to system administrators
or users requesting the information.
You may not use CYNPROWEB.COM
e-mail servers/systems for e-mail membership services
such as allowing anyone to signup for an e-mail account
with your domain name that wishes. Your e-mail server/services
are intended to be used for you, departments and employees
within your organization/company. If you need e-mail
membership services CYNPROWEB.COM can recommend a
few companies that offer this service.
Violations of the CYNPROWEB.COM
policies outlined herein can sometimes result in massive
numbers of email responses. If you receive so much
email that CYNPROWEB.COM resources are affected, CYNPROWEB.COM
staff may shut down your mailbox.
You may not use CYNPROWEB.COM
mail services, servers or components to send out mail
from other sites or services that are not hosted with
CYNPROWEB.COM. You may not use CYNPROWEB.COM mail
services, servers or components to send out mail advertisements
for other sites not pertaining to the website you
are hosting with CYNPROWEB.COM.
You may not use CYNPROWEB.COM
mail servers for bulk e-mailing unless arrangements
have been made prior to each mail submission. CYNPROWEB.COM
staff may shut down your mailbox /site without warning
if this occurs.
You may not use CYNPROWEB.COM
shared mail servers as an email storage facility.
By storing your email on CYNPROWEB.COM servers you
do so at your own risk. CYNPROWEB.COM suggests you
download all mail content off of CYNPROWEB.COM shared
mail servers at the time of retrieval. As per section
1.5 CYNPROWEB.COM does not backup mail data and is
not responsible for loss mail data under any circumstances.
You may not use CYNPROWEB's
shared mail servers for a domain not hosted with CynPro
Web for email only unless the domain is the main domain
of any plan, otherwise the domain that email service
is being supplied to must be pointed to CynPro Web's
network.
List Server Lists are
permitted on certain packages. Large lists of more
than 1500 members are not permitted without first
consulting CYNPROWEB.COM for approval. Use of this
service is AS IS. CYNPROWEB.COM does not provide support
on the List Server service. CYNPROWEB.COM will provide
you with the URL of the List Server provider to review
help and knowledge base articles to guide you with
this service.
4.4.
System Security. You are prohibited from utilizing
the Services to compromise the security of system
resources or accounts on servers at CYNPROWEB.COM
or at any other site. Use or distribution of tools
designed for compromising security or containing viruses
or trojans are prohibited. Examples of these tools
include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
If you are involved
in violations of system security, CYNPROWEB.COM reserves
the right to release all usernames of users involved
in such violations to system administrators at other
sites in order to assist them in resolving security
incidents. CYNPROWEB.COM will also fully cooperate
with law enforcement authorities in investigating
suspected lawbreakers.
4.5.
System Resources. System abuse includes any use of
CYNPROWEB.COM resources that disrupts the normal use
of its servers or services for others. Examples of
system abuse include running excessive numbers of
processes or consuming excessive amounts of CPU time,
memory or disk space.
4.6.
MySQL / MSSQL / Database Server. MySQL / MSSQL Server
Database’s are provided on some packages on
an As IS basis. All database management and data management
must be done by customer thorough an interface provided
by customer or through the web interface provided
by cynproweb.com. Any additional services that are
not available through customers interface or the CYNPROWEB.COM
web interface may be done by cynproweb.com at the
current hourly rate for these additional services.
Any work, not limited to programming and repair, that
is required of CYNPROWEB.COM on customer database(s),
other than database creation, is subject to the current
hourly rate for these services. You are prohibited
from using cynproweb.com's SQL / Data servers from
remote servers. Using cynproweb.com's sql servers
from remote servers is a violation of cynproweb.com's
terms and conditions. One example of the violation
is you have a website hosted at another location and
you are using CYNPROWEB.COM's sql servers for storing
the data. Connections outside our Network is not permitted
unless it is a program used to create and maintain
your database like Enterprise Manger or comparable
application.
5. CYNPROWEB.COM's
Right to Terminate Agreement
(a)
CYNPROWEB.COM reserves the right to suspend or terminate
the Services to you and remove or prevent access to
any material from your website at any time, without
prior notice or liability, for any conduct that CYNPROWEB.COM,
in its sole discretion, believes violates this Agreement
or is otherwise harmful to CYNPROWEB.COM's interests
or the interests of other account holders (b)
CYNPROWEB.COM also reserves the right to comply with
the take-down provisions of the DMCA and to seek injunctive,
declaratory, interpleader or other judicial or equitable
relief (and, pending such action, to suspend all access
to your website) if any third-party claim is made
that your website content or use violates any of the
acceptable uses or your obligations or representations
described in this Agreement.
6. Cancellation
of Accounts
6.1.
You may cancel your CYNPROWEB.COM account by visiting
(http://www.cynproweb.com/backlash/clogin.php). Charges
for canceling accounts are not prorated on a monthly
basis. No refunds are given on any accounts that are
pre-paid in advance unless they are canceled within
the first 30 days of when the account was established.
The 30 day guarantee does not apply to reseller accounts.
6.3. All
free domain names are not subject to the 30 day money
back guarantee. Accounts will not be granted a 30
day money back guarantee should they receive the domain
name free of charge for purchasing hosting 6 months
or more at a time. Accounts that
fall in default due to fraud, refusal of payment or
failure to pay will result in their domain name being
held by CynPro Web and auctioned for payment.
6.3.
All CYNPROWEB.COM accounts must be paid in full before
the cancellation will be considered complete.
6.4. When
canceling an account, cancellations take effect immediately
and do not continue for the amount of your term left
on your account. CYNPROWEB.COM does not give refunds
on the remaining term left on an account that was
canceled after the charges have been billed. CYNPROWEB.COM
will send out an invoice via e-mail 5 days prior to
billing. Customer must inform CYNPROWEB.COM of cancellation
prior to the new billing date. Any charges that incurred
after the billing date and cancellation are non-refundable.
It is customer's responsibility to make sure that
CYNPROWEB.COM has accurate e-mail address / billing
information on file for the invoices to reach you.
6.5.
If your account is suspended or terminated for any
reason permitted by this Agreement, CYNPROWEB.COM
may, at its sole discretion, permanently delete your
website contents from CYNPROWEB.COM servers, and CYNPROWEB.COM
will not be able to reopen or restore such content.
If your account has been canceled or suspended due
to a violation of our Terms and Conditions and Acceptable
use policy no refunds will be given on any pre-paid
term.
7. Arbitration;
Governing Law
Terms
of Service