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Cyberiot.com Web Hosting Policy

1. Introduction 

Cyberiot.com is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both Cyberiot.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein. 

2. Definitions 

A. References to "CyberRiot.net" refer to "Cyberiot.com" the entity providing web hosting service.

B. "Customer" refers to you, the party requesting service from Cyberiot.com and using services provided by Cyberiot.com.

C. "The Service" refers to the service(s) provided by Cyberiot.com to its customers, including, but not limited to, the use of space on Cyberiot.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of Cyberiot.com Internet servers to process data and return information to visitors at customer web site(s), the use of Cyberiot.com domain name servers to answer domain name queries for customer domain name(s), the use of Cyberiot.com domain name registration services to register a domain name(s), and the use of Cyberiot.com mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide. 

2. Scope of our Services 

Cyberiot.com will provide you with services as detailed on our website at www.Cyberiot.com

3. Term of This Agreement 

This agreement has a termination date of one year after accepted by customer, and services requested by you will continue to be provided until that date in perpetuity, unless terminated by you or by us as provided for in section 6 of this document. 

4. Your responsibilities 

A. You MUST supply appropriate payment for Cyberiot.com service before starting use of the service.
B. You SHOULD maintain a current copy of all data stored on Cyberiot.com servers.
C. You MUST use the service only for lawful purposes.
D. You MUST comply at all times with our policies. 
E. You MUST allow us to contact you in any way shape of form for purposes that we deem appropriate within the constructs of US Law.
F. You MUST not slander, libel, or publish defamatory information against us in any way or manner. 

5. Service at Will 

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document. We shall have no responsibility to notify any third-party providers of services, merchandise or information of said discontinuation of service, nor shall Cyberiot.com have any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies. 

You have the right to terminate your relationship with Cyberiot.com at any time for any reason as stated in paragraph 23. You may notify us of your desire to cancel your service, in writing, via email to Billing@Cyberiot.com or fax to (775)854-8455 or via US Mail to Cyberiot.com, P.O. Box 9090, Liberty, TX 77575. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document. 

6. Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Cyberiot.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Cyberiot.com in writing for a request for termination of services. All payment is in U.S. currency.

6b. Refunds 

Cyberiot.com gives a 30 day money back guarantee upon signup. 

If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, overages, long term agreements, or dedicated servers. Setup fees are refundable only if the account ordered is canceled prior to activation. Accounts are usually active within 24-48 hours. (as per line 23) 

Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, the zip/postal code of the primary contact. Payment will be made by company check within 15 days of receipt of cancellation or by issuing credit to your credit card.

Refunds resulting in OUR decision to terminate your service may be issued, if at all, at our sole discretion. 

7. Warranties 

Cyberiot.com makes no warranties or representations of any kind for the services being offered. The service is provided on as "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Cyberiot.com or its agents or employees shall create a warranty. Cyberiot.com provides not warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Cyberiot.com 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 results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Cyberiot.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
99.5% Uptime Guarantee: Cyberiot.com guarantees that its internet backbone will stay up 99.5% of the time. If in any given month, the backbone does not stay up for at least 99.5% of the time - Cyberiot.com will upon client providing sufficient proof of the outage provide client with one free site submission to a minimum of 50 search engines/classified ads sites. Service outages outside of our control including but not limited to client local ISP outage, client computer outages, etc are not covered by this guarantee. In order to redeem guarantee, send an email to Webmaster@Cyberiot.com with the exact dates and times of outage including proper traceroute showing the domain is inaccessible. 

8. Notice Under the Electronic Communications Privacy Act (ECPA) 

Cyberiot.com reserves the right to monitor any and all communications through or with our facilities. You agree that Cyberiot.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded. 

9. Prior Agreements 

This agreement supersedes any written, electronic or oral communication you may have had with Cyberiot.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. 

10. Sever ability 

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable. 

11.Jurisdiction 

This agreement shall be governed by the laws of the State of Texas. 

12. Acknowledgement 

By placing and continuing to maintain or place information on Cyberiot.com servers, or signing up for or purchasing any plans, programs, or services through the Cyberiot.com website you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them. 

13. Content:
All services provided by Cyberiot.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Cyberiot.com from any claims resulting from the use of the service which damages the subscriber or any other party.

14. Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Cyberiot.com will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links 

Pirated software 

Hackers programs or archives 

Warez Sites 

Pornography 

Spamming Software 

Cyberiot.com will be the sole arbiter as to what constitutes a violation of this provision.

15. Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigs of free traffic per month:

Shareware, sound, video, image and multimedia archives 

Mirror sites 

Distribution points 

Any site whose primary purpose is file distribution 

Sub hosting - any domain hosting additional users 


Sites that go over the allowed free traffic will be charged $10 per gig pre-paid. 

17. Background Running Programs:
As a general rule we do not allow background running programs. We may allow programs to run continuously in the background, but these are considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

18. IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.

19. Commercial Advertising, Spam Or Unsolicited E-Mail:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. 

Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. 

We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. 

In addition, we will impose a $1,000 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. 

Cyberiot.com will be the sole arbiter as to what constitutes a violation of this provision. 

As such, any violation will result in immediate deactivation of services without refund.

20. Abuse:
Any attempts to undermine, threaten, or cause harm to a Cyberiot.com server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund.

21. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Cyberiot.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cyberiot.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cyberiot.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cyberiot.com server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Even if Cyberiot.com were to be found to be negligent or at fault, Cyberiot.com shall not be liable for more than a refund of the monies paid by Customer to Cyberiot.com. 


Cyberiot.com will not be responsible for any damages your business may suffer. Cyberiot.com makes no warranties of any kind, expressed or implied for services we provide. Cyberiot.com 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 Cyberiot.com and its employees. Cyberiot.com reserves the right to revise its policies at any time. All Sub-Networks, resellers and dedicated servers of Cyberiot.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.


22. Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion. 

23. Cancellation:
If any web hosting client shall cancel their account with Cyberiot.com then they will be charged the remainder of their monthly cost. 

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.


Cyberiot.com respects your privacy and will NEVER sell or distribute your personal information to anyone, for any reason. 

 

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Cyberiot.com services may not be used for sites containing or linking to nudity or other pornographic material, illegal material, or other objectionable content.

Security software monitors our network every second of every day. Spamming software or porn are not allowed.

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