CybHosting.com provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. We have set up the following guidelines to ensure these crucial obligations are met. These Policies, Guidelines, and Disclaimer are intended for all domains residing on Cybhosting.com servers.

User Agreement

UNACCEPTABLE ACTIVITIES:

Sending unsolicited commercial e-mail (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an CybHosting.com e-mail address or web site URL is prohibited. The use of CybHosting.com servers as a mail drop for responses to activities described above is also prohibited. These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by CybHosting.com by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with e-mail without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an e-mail address available to the public does not constitute a request to receive messages. Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited e-mail. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first abuse@cybhosting.com . We also do not allow sites selling spamware. Accounts canceled due to spam or any unlawful activity mentioned herewith will be billed a cleanup fee of $500.

ABUSE OF THE LEGAL RIGHTS OF OTHERS:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. CybHosting.com supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, CybHosting.com will not substitute itself for a court of law in deciding tort claims raised by the third party. If an account is used unlawfully or is in violation of the user policy, CybHosting.com reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to CybHosting.com, including but not limited to, CybHosting.com systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 cleanup fee. Determining what constitutes a policy violation is the sole discretion of CybHosting.com

ABUSE OF THE LAW:

CybHosting.com’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating US, UK or any other countries export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. CybHosting.com reserves the right to check system files, e-mail., and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

ADULT CONTENT:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of CybHosting.com’s servers. Sites containing adult material, links to adult material or adult-oriented merchandise are not permitted. The final determination of what constitutes "adult content" is made by CybHosting.com.

ABUSE OF CYBHOSTING.COM'S SERVER RESOURCES:

Running programs in the background on a CybHosting.com’s server without CybHosting.com’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of CybHosting.com’s servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, domains having bandwidth traffic exceeding ten gigabytes will be more suited for dedicated hosting and you will be contacted to make arrangements. These abuses include, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of CybHosting.com, or using disproportionate amount of system resources for CGI Scripts. CybHosting.com will determine what constitutes system abuse.

SYSTEM UPDATES:

CybHosting.com updates systems in real time as queued batch processes. Therefore, any updates made to the system may not be immediate. These processing times may be changed at anytime without notice. If a client or CybHosting.com support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates occurred.

LOG FILES:

Log files will be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

HACKING/CRACKING:

CybHosting.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3's). Sites that contain links to pirated software or illegal contraband are also prohibited.

WEB SITE CONTENT MANAGEMENT:

CybHosting.com is not responsible for web site management or files lost or damaged by users. Web site construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of CybHosting's network. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of $100 is applicable should a client require any files from our backup systems. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site. Full backups are made weekly. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information.

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@cybhosting.com

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. Attempts to manipulate CybHosting.com's servers or client web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to CybHosting.com servers, mail bombing, or other means of deliberately overloading systems.

CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of sgDomain's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of CybHosting.com to provide this knowledge or support outside matter specific to CybHosting.com's servers.

IP NUMBERS:

CybHosting.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

LIMITATION OF LIABILITY:

CybHosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CybHosting.com’s servers going off-line or being unavailable for any reason whatsoever. Further, CybHosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CybHosting.com’s servers. All damages shall be limited to the immediate termination of service.

CybHosting.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. CybHosting.com reserves the right to terminate an account at any time and for any reason that causes harm to any CybHosting.com customer's web sites. CybHosting.com reserves the right to delete all content and files upon termination. CybHosting.com reserves the right to withhold any prepaid funds for any site removed for violations of these policies. CybHosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion. Further, CybHosting.com does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use CybHosting.com services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to CybHosting.com's servers, domain name registar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters.

CybHosting.com reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. By using CybHosting.com services, the client agrees to indemnify and hold CybHosting.com harmless against any liabilities arising out of defective products sold to customers from CybHosting.com servers, personal injury or property damage caused by products or services sold or distributed from CybHosting.com's servers, any material that infringes or allegedly infringes on the rights of a third party available from CybHosting.com's servers, and any material that libels or allegedly libels a third party available from CybHosting.com's servers.

Violations of these Policies should be referred to abuse@cybhosting.com

All complaints will be investigated promptly.

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