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Policies, Guidelines, & Disclaimer Cybertize's Policies, Guidelines, and Disclaimer are intended for all domains residing on Cybertize servers, including regular hosting clients, resellers, and their clients. By using our webhosting services, you agree to comply with our policies. Cybertize has a zero-tolerance policy with regard to all Unacceptable Content and Behavior. Age: The client must be 18 years of age to obtain our services. If you are under the age of 18, you must have a parent or legal guardian obtain services for you. Content and Use of Services: Cybertize's services may be used for lawful purposes only. Transmission, distribution or storage of any material in violation of any applicable laws or regulations are prohibited. Linking to illegal material is also prohibited. Examples of illegality, unacceptable content, links and behaviors include but are not limited to: Pirated software, pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)Hacker programs or archives, Warez sites, Pornography and sex-related merchandising; 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, Schemes to defraud, Threatening bodily harm or damage to individuals or groups, Violating U.S. export restrictions, Stalking 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 email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message Trolling (posting controversial messages in newsgroups to generate responses) Mailbombing (inundating a user with email without any serious intent to correspond) Subscribing someone else to an electronic mailing list without that person's permission Distribution of mass emailing programs 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 Promulgation of viruses IRC bots such as eggdrop or BitchX Or violating other state or federal laws, including the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. In addition, we do not allow any of the following without prior written permission from Cybertize: Chat Rooms - We will allow certain types of chat rooms but you must obtain written authorization from us prior to installing or running any chat rooms Running programs in the background on our servers without prior written authorization Internet Relay Chat - IRC bots - We do not allow IRC or IRC bots to be operated on our servers. Any violation of these policies may result in immediate account termination or suspension without prior notification and without any refunds. Any client who violates our policies will be held responsible for any and all damages to Cybertize and may be charged a fee for any necessary repairs or clean ups. Resellers: Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing Cybertize services, you hereby agree that Cybertize shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by Cybertize. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s). 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. Each client should have the necessary knowledge to create and maintain their web space. Although it is not the responsibility of Cybertize to provide this knowledge or support (outside matters specific to Cybertize's servers), Cybertize has put together a Resources Section to help users obtain a basic knowledge of the Internet and its operating principles and procedures. It is the clientsß responsibility to maintain local copies of their website content. Cybertize is not responsible for loss of website files, data, information, etc. If loss of data occurs due to an error of Cybertize, Cybertize will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Cybertize will attempt to recover the data from the most recent archive for a $75.00 fee. Payment Policies: All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. Cybertize reserves the right to change prices at any time, unless other terms have been agreed upon. The credit card that you use to activate your account will be automatically charged each month, unless you have chosen to pay for multiple months. Any account not brought current within five (5 days) is subject to suspension unless prior arrangements have been made. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Cybertize in writing for a request for termination of services. All past due accounts will be placed with collections and any additional fees will be the responsibility of the client. 30 day Money Back Guarantee: Our monthly hosting plans include a 30 day money back guarantee. Should you become dissatisfied with our services within the first 30 days of your account activation, Cybertize will refund your hosting fee according to our refund policies. Reseller Accounts excluded. Our refund policy does not apply to any additional items or services not included in the above plans, such as our shopping cart, name servers, etc. Any setup fees, pre-paid plans and overage fees are nonrefundable. No refunds are available after 30 days. Any cancellation request must be made according to our cancellation guidelines below. Cancellations via the telephone and regular email are not accepted. All refunds will be made by company check within 30 days of receipt of cancellation. Our 30 day money back guarantee does not apply to reseller accounts or dedicated servers. Any accounts terminated by Cybertize for violation of our policies do not qualify for the 30-day money back guarantee. Cancellation Policy: Client Cancellation: Due to security concerns, ALL account cancellations MUST be done via our cancellation form and must be received at least five (5) business days prior to your billing date. Phone requests will not constitute acceptance of any cancellation. Upon receipt of proper cancellation notification, Cybertize will cancel said account within (3) business days unless other arrangements are made and all credit card charges or billing will cease immediately. If the account has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve the account holder of any outstanding financial obligations. Cybertize's services are independent of account usage and domain name records, and are still in effect whether the account holder's domain is pointing to Cybertize's nameserver or to some other nameserver. If the account holder transfers a domain without properly notifying Cybertize, they will continue to be charged/billed until the cancellation guidelines have been followed. In other words, until you have notified Cybertize of your cancellation, we are still providing your account with our services and you will be billed for same. If you have any questions regarding this policy, please contact us at billing@Cybertize.com. Limitation of Liability: Cybertize shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Cybertize's servers going off-line or being unavailable for any reason whatsoever. Further, Cybertize 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 Cybertizeßs servers. All damages shall be limited to the immediate termination of service. Cybertize shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Cybertize reserves the right to terminate an account at any time and for any reason that causes harm to any Cybertize customer's web sites. Cybertize reserves the right to delete all content and files upon termination. Cybertize reserves the right to withhold any prepaid funds for any site removed for violations of these policies. Cybertize reserves the right to refuse, cancel, or suspend service at our sole discretion. Cybertize reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. Violations of these Policies should be referred to violation@Cybertize.com. All complaints will be investigated promptly.