Acceptable Use Policy

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.

Agreement
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.

Prohibited Content
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.

Unsolicited E-mail
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.

Server Use
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.

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
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.

Clients are responsible for any charges incurred by connecting to Cyberhost-Usa services.

Check Payments
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 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
Accounts paid by credit card are billed monthly. The one-time, nonrefundable setup fee is included in the first month's payment.

Account Cancellation/Refunds
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).

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
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
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.

Privacy Policy
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.

Personal Information
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.

Indemnification
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.

LIMITATION OF LIABILITY
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.

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.
3700 Coconut Creek Parkway
Coconut Creek, FL 33066

954.978.1675 (phone)
954.978.9315 (fax)