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Cybertec

Terms Of Service Agreement

It is very important for you to understand what you can expect from us, as well as what we can expect from you. This agreement is intended to serve such a purpose. If you have any questions regarding this agreement, please feel free to contact our staff.

The following words used in context of the Terms of Services Agreement are defined as follows:

"Provider": Ryan Industries, Inc T/A Cybertec Computer Services.

"Client": The person or entity who is applying for Web Services.

The Provider agrees to provide, and Client agrees to receive, Web (Virtual and Non-Virtual) services according to the following terms And conditions:

1. Client will use the Virtual/Non-Virtual web services in a manner consistent with any and all applicable laws of the State of Maryland, and the United States Federal Government and the state for which the client resides or business resides.

2. Provider reserves the right, in its sole discretion, to deactivate the Client's Virtual/Non-Virtual Web Service account(s) upon an indication of credit problems including delinquent payments.

3. The Provider service is provided on an "As Is, As Available" basis.   The Provider gives no warranty, expressed or implied, for the virtual/non-virtual web services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose.  This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Provider, or its Providers, beyond the fees paid by Client to Provider for services.

4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Virtual/Non-Virtual Web services for any reason.

5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on the Provider's Equipment. Client is solely responsible for independent backup of data stored on Provider.

6. Client hereby agrees that any material submitted for publication on Provider through Client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything libelous.

7. Client hereby agrees that any material submitted for publication on Provider through Client's account(s) will not contain anything obscene or pornographic.  This includes links to pornographic sites.

8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited, whether use of provider equipment is used for such actions or use of other services not associated with provider is used for such actions. The Provider reserves the right to deactivate the Client's Virtual/Non-Virtual Web Services account(s) upon an indication of such activity.

10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12. All Web Services are provided on a 3 month prepaid contract service basis. This contract will automatically renew itself at the end of the current 3 month contract service.  Setup fees are not ever refundable, however within the first 30 day period of account establishment, we offer a 30 day moneyback guarantee, should provider fail to provide services specified for the account plan chosen by the client. Canceling of service must be done in writing, 30 days before the end of the current quarter, however fees for the current quarter's service will not be refundable, even if services are canceled during the current quarter. Client will be responsible for any fees incurred by the provider for collection of outstanding balances owed by the client.

13. Client agrees to pay all fees by the Due date on invoices sent by the Provider to the Client whether the invoice is sent by Electronic Mail, or by US Postal Mail. Accounts that are delinquent may be canceled for non-payment. To Re-instate your account, a new setup fee, will be incurred at the current rates.

14. Client authorizes Provider to debit client's credit card if client chooses to pay for client's services using Mastercard, Visa,  Discover, or American Express as a form of payment for services rendered.  Client will be responsible for maintaining current, up-to-date credit card information with Provider, including notifying Provider of a new expiration date, when Client's credit card has expired, via email, phone, or CyberTec Online Update Form.

15. Client understands and agrees that for Domain Name Web Services Accounts, there is a domain registration fee of 70.00 for the domain should the client opt for a domain associated with clients account. This fee is payable to Internic or it's subsidiary's and will be billed to the client by such subsidiary's. Provider will register all US based Domain names, and forward domain registration fees, as a courtesy to the Client, however the Domain Name remains the property of the client, and as such payments for the domain name remains the responsibility of the client.

16. To reach its goal of providing the best business class web hosting services to our users, CyberTec Computer Services offers users a full range of commercial hosting services. Abuse of these services is considered a violation of our Terms of Service Contract Agreement, you must execute before web hosting service starts.  One of the most serious abuses is using your account to send unsolicited commercial e-mail, otherwise known as "spam." The following are examples of spam and are blatantly contrary to our TOS.

Inappropriate E-Mail Activities:

  • Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your CyberTec Computer Services account or e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on CyberTec Computer Services servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your CyberTec Computer Services based Virtual Server and redirectors for the same account.
  • Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your CyberTec Computer Services based Virtual Server account. This is strictly prohibited
  • Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

Inappropriate Newsgroup Activities

  • Newsgroup Spamming: Defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your CyberTec Computer Services based mail facilities to SPAM the newsgroups.
  • Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.

We take a very dim view of SPAM. It is one of the most annoying things encountered on the Internet. Any CyberTec Computer Services customer found to be spamming will have his or her account deleted immediately - no questions asked. There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, SPAMming hurts our members and us more than it helps the one spammer.

Thanks for your consideration.

- CyberTec Computer Services Administration.

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