Effective November 31, 2001 At Cyberhost-Usa.com (an Advance Marketing Services, Inc. company, we are firm with our policies. This agreement is necessary to
enable us to provide quality services and maintain our low prices. Any questions
should be sent by e-mail to admin@cyberhost-usa.com or through postal mail to
our address at the end of this page. Prohibited Content Unsolicited E-mail Server Use Each account has unlimited, full access to its own CGI directory, although
AMS does reserve the right to disable any CGI application that affects
normal server operation. Any attempt to undermine or cause harm to a server is
strictly prohibited, and the account of any individual found to have made such
an attempt will be deactivated immediately without refund. Client is responsible for all damages resulting from any use of its Cyberhost-Usa
account or account services by client or others, whether or not such use is
authorized by Client. Accounts or any services associated with them are not
assignable or transferable without AMS' written consent.
Billing Clients are responsible for any charges incurred by connecting to Cyberhost-Usa
services. Check Payments Accounts paid by check are billed in quarterly or yearly cycles. A $15 charge
is added to the account bill if full payment is not received within 5 days
following the billing due date. Outstanding accounts are terminated 10 days
following the billing due date.
All returned checks are subject to a $25 service charge for each returned check. Charges
may vary according to state law.
Credit Card Payments Account Cancellation/Refunds Refunds are available only in cases of service failure, to be determined at
the sole discretion of AMS. Refunds are not available to accounts terminated
for or cancelled after violating the terms of this agreement. Credit card refunds apply only to the service fee(s) paid during that current
30 day period.
Account Termination Our Responsibility Privacy Policy Personal Information Indemnification LIMITATION OF LIABILITY AMS may modify this agreement at any time in its sole discretion; any
such modification is effective by notice in any one of the following: Posting on
the www.cyberhost-usa.com web site, electronic mail from cyberhost-usa.com, or postal mail. Advance Marketing Services, Inc.
This is an agreement
between you (the "Client") and Advance Marketing Services, Inc. ("AMS") regarding your use of
Cyberhost-Usa’s web site hosting services (the "Cyberhost-Usa Service"). PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY. BY CHECKING THE BOX MARKED "I ACCEPT" ON THE
ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
AMS does not host sites with explicit/adult or
warez/hacker content. Sites promoting illegal activity or those that contain
unauthorized copyrighted material from another individual or entity are
prohibited. Should an account violate these terms, the account will be
deactivated immediately without refund.
Any individual using the Cyberhost-Usa Service to send
or route unsolicited commercial e-mail or unsolicited bulk e-mail will forfeit
his/her account and any previously paid charges will not be refunded. Please
report abuses to abuse@cyberhost-usa.com.
Access to POP3 e-mail accounts may not be given to any
individual or entity not directly affiliated with the site or the site's
administrator. POP3 accounts may not be resold. Each account features an
unlimited number of POP3 addresses. Any Client using more than 50 POP3 addresses
may be asked to explain the usage in order to better manage server
resources.
Accounts are activated immediately after payment is received
and verified. The billing anniversary is the date on which a new billing cycle
is begun. Accounts receive a new invoice on or around the billing anniversary
date, with a new due date. To avoid charges, the Client must notify AMS in writing
(e-mail, fax, or postal mail) of account cancellation before the new due date of
the next billing cycle.
Accounts paid by personal or business checks are
eligible for a discounted monthly rate under an annual (12-month) prepaid
contract. Annual contracts are nonrefundable.
Accounts paid by credit card are billed
monthly. The one-time, nonrefundable setup fee is included in the first month's
payment.
At any time, the Client reserves the
right to cancel the account. Clients bound under an annual contract, however,
are responsible for the fees of the remaining months of that term (accounts paid
by check).
AMS reserves the right to refuse service to
any individual and to terminate any account for any reason. AMS is not
responsible for any damage that results from the Client's use of the Cyberhost-Usa
Service. AMS is not responsible for files that reside on the Client's web
space. AMS reserves the right to determine what constitutes a violation of
the provisions contained herein at its sole discretion.
Our responsibility is to provide quality hosting
of your data and a fast, reliable connection to our upstream providers. Cyberhost-Usa
is unable to control the access, bandwidth, or availability of those upstream
providers.
Due to the public nature of the Internet, all
information should be treated as publicly accessible. AMS is not responsible
for protecting the privacy of electronic mail or any other form of unencrypted
data that a Client may utilize. AMS is committed to protecting the privacy
of Client information. Client information is never shared with any party outside
the direct control of AMS.
You hereby certify to AMS that you are not a
minor. (A minor's parent or legal guardian may authorize a minor to use his/her
account(s) under supervision by the parent or guardian). For purposes of
identification, billing and marketing, you must provide AMS with accurate,
complete, and updated information required by the registration to Cyberhost-Usa
services ("Client Data"), including your legal name, address, telephone
number(s), and applicable payment data (for example, a credit card number and
expiration date). You must notify AMS within 30 days of any changes in your
Client Data. AMS may require a copy of a state issued form of identification
before making changes to the billing information or registration data on a
Client’s account.
Upon request of AMS, you shall defend, indemnify
and hold harmless AMS, its officers, directors, employees, agents and
licensees, from any claims, losses, damages, expenses, and fees including
without limitation reasonable attorneys fees, arising out of or relating to your
use of Cyberhost-Usa services, including without limitation any violation by you of
AMS' Terms and Conditions. The terms of this Section will survive any
termination of this agreement.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
WILL AMS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
CYBERHOST-USA SERVICES, including but not limited to reliance on any information
obtained on Cyberhost-Usa services; or that result from mistakes, omissions,
interruptions, deletion of files or e-mail, loss of or damage to data, errors,
defects, viruses, delays in operation, or transmission, or any failure of
performance, whether or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to AMS’ records, programs or
services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT
AMS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS
PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM
AMS OR ITS AFFILIATES. The terms of this Section will survive any
termination of this agreement.
3700 Coconut Creek Parkway
Coconut Creek, FL 33066
954.978.1675 (phone)
954.978.9315 (fax)