Terms Of ServiceCyber Ultra Network (or "we", "us", "company" below), agrees to furnish services to the "Subscriber" (or the "customer", "you" below), subject to the following TOS (Terms of Service).
Use of Cyber Ultra Network Services constitutes acceptance and agreement to both Cyber Ultra Network's TOS (Terms of Service) and Cyber Ultra Network's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by Cyber Ultra Network shall not be grounds for early contract termination or non-payment by the Subscriber.
The initial service term of the Agreement shall begin on the date that Cyber Ultra Network generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the duration stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for an unlimited successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Cyber Ultra Network or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term ."
2) 30 Days Money Back Guarantee:
- Only first time customers are eligible for this guarantee.
- Customer must submit a Billing ticket within 30 days after the order date to cancel the hosting account and request a refund.
- Refund will be issued by Cyber Ultra Network within 3 working days.
- Subscriber will be refunded the hosting fee the Subscriber has paid, minus any transaction fees charged by the payment gateway that would have applied.
- Non hosting fees are unrefundable. This includes but not limited to domain name services, SSL and VPS order.
- Cyber Ultra Network will not issue any refund if the Subscriber is found violated our Terms of Service or Acceptable Use Policy.
- Refunds will be given at the discretion of the Cyber Ultra Network's Management.
3) 99.9% Server Uptime Guarantee
We guarantee that our server always have at least 99.9% of uptime. If in any calendar month we fail to achieve this, a 7 days of extension will be granted to your account(s) hosted on the server.
Customer shall not receive any extension under this guarantee in connection with any failure or deficiency if caused by or associated with:
- Circumstances beyond Cyber Ultra Network's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.
- Failures caused by Cyber Ultra Network's scheduled maintenance and upgrades.
- Hardware failures.
- Service interruptions caused by non-payment, Terms of Service or Acceptable Use Policy violation.
- DNS issues outside the direct control of Cyber Ultra Network.
All claims for credit under this guarantee must be submitted to the Cyber Ultra Network helpdesk and should be received in the first 7 days of the next calendar month. Customer must be current on all invoices in order to receive extension.
A. All services must be paid for in advance of service delivery. Subscribers will be charged automatically for the same service fee on the due date for service renewal.
B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.
C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must respond to emails generated by the Sales Department requesting payment within 72 hours.
D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response.
E. Customers paying by bank transfer or check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by bank transfer check. There is a $100.00 minimum transaction amount on all bank transfer transactions. Returned checks will result in termination of service and will incur a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect terminated service.
F. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.
G. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Cyber Ultra Network does not issue refunds or credits except as explicitly specified within the Terms of Service.
5) Adherence to Acceptable Use Policy (AUP):
A. Subscriber agrees not to allow Cyber Ultra Network equipment and services to be used for activities specifically prohibited by the Cyber Ultra Network Acceptable Use Policy (AUP) posted at AUP . It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.
Subscribers must not allow Cyber Ultra Network resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
B. Subscriber agrees to compensate Cyber Ultra Network for any expenses Cyber Ultra Network may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution.
C. Subscriber is responsible for any activity conducted on his/her account/server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Cyber Ultra Network will endeavor to assist Subscriber but Cyber Ultra Network is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account/server.
D. Cyber Ultra Network does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
E. Resellers are responsible for enforcing the AUP and TOS to all of their clients. An sub-account will be suspended without prior notice to the reseller if it is found to have violated any of our terms. The reseller will also be responsible for all activities conducted by the client/sub-account. This includes but not limited to compensating any expenses Cyber Ultra Network may incur resulting from the violation.
F. Cyber Ultra Network does not issue refunds for terminating service due to any TOS or AUP violation.
6) Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by Cyber Ultra Network are leased to the Subscriber and remain the property of Cyber Ultra Network. Cyber Ultra Network reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Cyber Ultra Network will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
7) Service Levels:
A. Cyber Ultra Network may interrupt service to perform maintenance. Cyber Ultra will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, Cyber Ultra Network will provide its best efforts to repair the system as quickly as possible.
B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to Cyber Ultra Network. In the event that Cyber Ultra Network suspects that server security has been breached, Cyber Ultra Network reserves the right to disable the account/server in order to facilitate investigation and recovery in coordination with Subscriber.
C. Subscriber agrees that Cyber Ultra Network shall not be responsible for any service interruptions.
8) Limitation of Liability, Indemnification:
A. Upon the discovery of facts which reasonably indicate that Cyber Ultra has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Cyber Ultra Network of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Cyber Ultra Network with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Cyber Ultra Network as requested by Subscriber anytime during the twelve (12) month period following such notification, Cyber Ultra Network shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Cyber Ultra Network for service fees. Payment will be made via company check from Cyber Ultra Network. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Cyber Ultra Network breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
B. The parties acknowledge and agree that Cyber Ultra Network shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
C. Cyber Ultra Network is not responsible for data or content maintained and distributed by Cyber Ultra Network facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Cyber Ultra Network DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CYBER ULTRA NETWORK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
9) Back Up & Data Loss:
Customer agrees to maintain a current copy of all content hosted by Cyber Ultra Network notwithstanding any agreement by Cyber Ultra Network to provide backup services. Cyber Ultra Network does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data, regardless of any reason(s) such as human error or system failure.
10) Chargeback Dispute:
The customer must contact Cyber Ultra Network when there is any dispute on payment, instead of filing a chargeback. Any chargeback attempt will lead to immediately suspension of all services of the customer until the dispute is fully resolved according to the agreement between Cyber Ultra Network and the customer. Failure to resolve the dispute within 7 days will lead to termination of all services of the customer.
Cyber Ultra Network respects the privacy of our customers. We will never disclose/sell the email addresses, web addresses and any private information of our customers to any third party members without our customers' permissions. All email messages sent from Cyber Ultra Network will also be related to our customers' hosting accounts and our services. This policy does not apply to fraudulent orders and customers who violate our TOS and AUP. We will disclose any information about customers upon, in our sole discretion, any valid request by government or law officials.
A. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.
B. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Cyber Ultra Network, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
C. Cyber Ultra Network reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Cyber Ultra web site. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
D. The Customer agrees to the domain registration agreements:
Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and Cyber Ultra Network hereby agree by making use of the Cyber Ultra Network service.