Terms of services

Cybex Hosting user policies are described below explains the actions which we consider to be abused and strictly prohibited. By using by services from Cybex Hosting, you accept and agree to be bound by this Terms and Services. Cybex Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement by posting such changes on this website.  For abbreviation purposes, Companies or individual account owners using Cybex Hosting services as CUSTOMERS.

The complete Terms of Service/Usage Policy and Privacy Policy must be agreed to prior to purchase:

·         Cybex Hosting does not allow pornographic material.

·         Cybex Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.

·         Cybex Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include

 

  1. Abuse of the machines - either intentional or due to improper coding
  2. Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators".
  3. The Services to traffic in illegal drugs, gambling and/or obscene materials.
  4.  The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
  5.  Additionally, Cybex Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.
  6.  Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.
  7.   Attempts to circumvent any of our security policies, procedures or systems.

Unacceptable material on all Shared and Reseller servers include:

 

·        Torrent Sites

·        Topsites

·        IRC Scripts/Bots

·        Proxy Scripts/Anonymizers

·        Pirated Software/Warez

·        Image Hosting Scripts (similar to Photobucket or Tinypic)

·        AutoSurf/PTC/PTS/PPC sites

·        IP Scanners

·        Bruteforce Programs/Scripts/Applications

·        Mail Bombers/Spam Scripts

·        Banner-Ad services (commercial banner ad rotation)

·        File Dump/Mirror Scripts (similar to rapidshare)

·        Commercial Audio Streaming (more than one or two streams)

·        Escrow/Bank Debentures

·        High-Yield Interest Programs (HYIP) or Related Sites

·        Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

·        Sale of any controlled substance without prior proof of appropriate permit(s)

·        Prime Banks Programs

·        Lottery Sites

·        MUDs/RPGs/PPBGs

·        Hateful/Racist/Harassment oriented sites

·        Hacker focused sites/archives/programs

·        Sites promoting illegal activities

·        Forums and/or websites that distribute or link to warez/pirated/illegal content

·        Bank Debentures/Bank Debenture Trading Programs

·        Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

·        Mailer Pro

 

Refund:

30 days money back  guarantee will only be offered, If for any reason you are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money.

 Refunds will not be given to accounts that have been suspended due to abuse of our services based on our terms of service and acceptable use policy.

Money back due to lower than 99.9% of up time will be provided on all packages except for domain names.  Amount due back is calculated by taking the percentage of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month. No refunds will be given on domain names, ssl certificates, dedicated servers and mailer  accounts

Account Cancellation

Customer will need to submit a ticket http://support.cybexhosting.net  from the account holder email address stating you want to cancel the account. You need to provide user id and  password so we can validate cancellation was requested by an authorized individual. All termination requests must be submitted 30 days in advance before the actual termination date. After cancellation is verified the account will be removed and all data associated with the account will be lost.

 Charges

You agree to pay for all charges attributable to your use of the Services at the then current Cybex Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Cybex Hosting net income.

 Payments and Fees:

Services will be disabled on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge. We will remove or terminate these accounts within 30 days if not paid.

Charge backs

If you ever feel that Cybex Hosting incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.

Backups

We will make every attempt to retain nightly backups, which are available only for a short period in event of server failure (we will keep the backups for the last seven days). However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date at out Billing panel

 

Disclosure to Law Enforcement: 

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Cybex shall have the right to terminate all service set forth in this Agreement.