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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.
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