Terms of Service | CyberVision Media Inc

Overview

Cybervisionmedia.com, www.cybervisionmedia.com, is operated by CyberVision Media Inc.

This service contract (hereinafter the “CONTRACT”) is between Canadian Web Hosting Inc (hereinafter CVM) and the applicant, You (hereinafter CLIENT) who wishes to purchase Internet Web Hosting and/or Co-location services with CVM.

The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, and local laws.

Relationship between CVM and CLIENT

CVM will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
CLIENT’s rights and privileges cannot be sold or transferred without the written consent and approval from CVM sixty (60) days in advance.
This contract represents the complete understanding between CLIENT and CVM. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
CLIENT agrees not to harm CVM, its reputation, computer systems, programming and/or other CLIENTS using CVM’s services.
CVM reserves the right to refuse service and cancel a CLIENT account at any time.

Interruptions in Service

CVM is not liable for any errors or interruption in service, whether within or outside of CVM’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold CVM free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by CVM or by third-party providers, or because of power interruptions or other causes.

Password Protection

CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use CVM’s service to guess passwords or to access other systems or networks without authorization. CVM will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

IP Addresses

CLIENT must return to CVM all IP addresses issued by CVM to CLIENT if CLIENT discontinues service with CVM or if CVM discontinues service.

Internet Etiquette

CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which CVM may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against CVM by offended users. CVM reserves the right to refuse or terminate service at any time. CLIENT will indemnify CVM and hold CVM harmless from any damage to CVM’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Content

CVM has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@cybervisionmedia.com.

The use of a shared, VPS or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.

Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.

Examples of unacceptable material on all hosting plans include:

Email Marketing
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
Large collection of MP3 files and/or DVD/CD ISO Image Files
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow
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/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute 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
Push button mail scripts
Broadcast of Streaming of Live Sporting Events
Anonymous or Bulk SMS Gateways
Bitcoin Mining
PayDay Loan Site

CLIENTS who provide the above-mentioned content are in breach of the contract. CVM may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.

Resource Usage

The following are restrictions on shared hosting plans:

Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
Running unattended standalone server side daemons such as IRCD
Running any scripts (web spider) which indexes websites
Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
Running any file-sharing/peer-to-peer activities
Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc
Running any cronjobs less than 15 minute intervals
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension will occur.

Backups and Data Loss

The backup service is provided as a courtesy to our shared and reseller customers. CVM backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. CVM makes no guarantees about the weekly backups, and require a $35 fee to restore the backups. CVM will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by CVM. Any shared or reseller account using more than 10 GB of disk space will be removed during weekly backup.

Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please contact sales@cybervisionmedia.com for optional backup services. It is your responsibility to maintain backups.

Uptime Guarantee
Unsolicited Commercial Email

The CVM network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of CVM may not use, or permit others to use, the CVM network(s) to send UCE. CVM will not host, or permit hosting of sites or information that is advertised by UCE from other networks. CVM will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on CVM’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. CVM reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to CVM’s strict “NO SPAM” policy. CVM reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. CVM will also fine the individual $500.00 per SPAM incident.

Warranty and Assumption of Risk

CLIENT uses CVM services at CLIENT’s own risk. CVM makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. CVM shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. CVM has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

Term of Contract, Termination, and Renewal

All contracts are on a recurring basis. CLIENT shall pay CVM recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on CVM’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. CVM may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
All cancellations by CLIENT of service or changes in service must be done in writing to CVM by email. The 60-Day Money-Back Guarantee is offered on Shared Hosting plans, VPS plans and Reseller plans. If a cancellation is requested within 60 days of the initial setup date, then the full hosting fees will be refunded. After 60 days, Shared Hosting plans will be refunded based on the regular price per month for the plan, and not the discounted price that the customer may have paid for an annual plan. For example, if a client wishes to cancel their plan early, their refund will be calculated assuming that they have paid the regular price per month in full. VPS and Reseller Plans will be refunded on a prorated basis of any unused time. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, cheques, and money orders. There are no refunds on Dedicated Servers, Microsoft365 licenses with annual billing, installation fees for custom software, domain name purchases, or SSL purchases. Yearly and monthly Weebly site builder plans are only eligible for a refund if the plan is cancelled within the first 7 days. If the Weebly plan is cancelled after this time, the CLIENT must pay for it until the subscription period ends (either until the end of the month or end of the year, depending on the plan purchased). Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
If CLIENT breaches any part of this contract and CVM has to engage the services of an attorney, the CLIENT will pay any and all of CVM’s reasonable attorney fees and court costs.
All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any SLA Credits applied. The fees for additional or upgraded services for which the “Order” is accepted will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the following renewal terms until cancelled in Section 13a. In the event that a customer does not pay service fees by the Renewal Date, customer will be assessed a fee of $20.00 and must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.

Limitation of Liability

In no event shall CVM or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if CVM has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless CVM from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.

Changes

CVM reserves the right to revise its policies at any time without notice.

Enhanced Business SMS

Use of Enhanced Business SMS must comply with RingCentral’s Terms of Service and Acceptable Use Policy.

RingCentral Enhanced Business SMS guidelines

Send no more than 50 messages per originating number per minute
If sending marketing, promotional or informational messages, capture written consent of recipients prior to sending your messages
Do not use purchased lists or third party generated lead lists when sending SMS
Provide clear opt-out instructions on informational, marketing, or promotional messages
Avoid using link shorteners and non-branded domains for embedded links
Complete required TCR registration prior to sending SMS messages

If you need to send more than 50 messages per originating number per minute, please evaluate utilizing our High Volume SMS solution which allows up to 60 messages per minute for long code numbers, and 180 messages per minute for toll-free numbers.

Automated messaging

Automated SMS messaging may be used on RingCentral’s platform through RingCentral provided tools, third-party integrations, and RingCentral SMS APIs. Automated messaging must only be sent from numbers that have been linked to a TCR campaign designed for automated messaging (ie an “Automated” campaign type). Prior to sending any automated messages, you must have express and logged consent as outlined by the CTIA guidelines from the recipient to message them. Promotional messages (regardless of if automated) must have express, written, and logged consent. Automated messages must include opt-out language on each message (eg “Reply STOP to end”), and all opt-out requests must be honored.

Opt-in/ user consent

Before sending an SMS message to any number you must have their express consent to do so. It’s important to note that implied consent is not considered sufficient for SMS outside of immediately responding to a received message, nor is purchasing a list of “users who have opted in to SMS.” A user must actively ask to receive SMS messages from you. Remember, consent must be given for each campaign or message type you intend to send. Marketing or promotional messages require the recipients’ express prior written consent.

Examples of obtaining consent include using a web form where it is clearly explained that a user is opting into SMS messages, or by having them send a message to your number. It is highly recommended to use a double opt-in, confirming their consent via SMS and validating their number.

You must also log and track consent, and opt-ins and opt-outs. In certain cases carriers may request proof that an individual has opted in including an overview of how your opt-in/ opt-out process works.

Failure to ensure opt-in may result in your number or service being blocked or suspended by mobile carriers or RingCentral.

Opt-out

You must provide a clear way for users to opt out of your SMS messages, via text. The CTIA guidelines provide clear command keywords that must be honored for opt-out requests, including STOP and UNSUBSCRIBE.

Instructions for opt-ing out must be included on any informational or promotional messages.

Long-code and Toll-free SMS when used outside of our High Volume SMS solution do not automatically manage opt-outs, and you will need to manage and track opt-out requests when not using High Volume SMS. Similarly, you will need to manage opt-outs received through other methods, to avoid sending SMS to consumers that have opted out.

Prohibited campaigns

While SMS provides a great way to engage your opted-in customers, there are limitations and restrictions in terms of what types of messages may be sent, and to the content of the messages. The following campaigns (use cases) are strictly prohibited across all of RingCentral’s SMS solutions:

Loan and mortgage advertisements
Credit repair offers
Debt relief offers
Debt collection attempts
Work from home advertisements
Secret shopper advertisements
Political advertisements and messages
Alcohol, tobacco, or firearms advertisements
Pharmaceutical, vitamin, or other drug advertisements
Campaigns that may be similar to the above

In addition, businesses that engage in the following activities are prohibited from using SMS, regardless of their message content, consent, or how they would otherwise use SMS:

Companies that engage in indirect lending (or otherwise are providing loans not financed directly by them), short-term high-interest loans, payday loans, or student loans
Companies that offer services for stocks, bonds, cryptocurrency, or other types of investment opportunities
Companies that engage in or provide gambling or sweepstakes
Companies that engage in credit repair, debt relief, debt collection, or tax relief services
Companies that promote or provide work from home opportunities including but not limited to multi-level marketing opportunities
Companies that promote, sell, or otherwise reference products or services related to alcohol, tobacco (including vape), firearms, or fireworks
Companies that promote, sell, or otherwise reference substances defined as controlled substances under federal law, regardless of legality, including marijuana (cannabis)
Companies that promote, sell, or otherwise reference Kratom or similar substances, regardless of legality
Companies that buy, sell, or otherwise share SMS opt-in or phone numbers for the purpose of sending SMS with third-parties
Companies that engage in third-party affiliate/lead generation, including the collection of information to be shared with loan providers, service providers, or for other lead generation purposes

Note: RingCentral is currently unable to offer exceptions to the above prohibited campaigns. Messages similar in nature may also be blocked by RingCentral or the carriers at their discretion. Some messages (e.g., an update on your loan application) may be blocked accidentally, in which case RingCentral recommends filing for an individual brand ID and a campaign specific to your messages.

Prohibited content

The following message content is also strictly prohibited and may result in your service being blocked or suspended by the carriers or RingCentral:

Messages that engage in any illegal activity or otherwise violate our terms of service, including the acceptable use policy
Messages that engage in or promote, pornographic or adult entertainment, regardless of legality
Messages that contain text or references to violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior
Messages that contain text or otherwise reference substances defined as controlled substances under federal law, regardless of legality, including marijuana (cannabis)
Messages that contain third-party affiliate/lead generation links
Messages that contain obfuscated links for the purpose of misleading the reader, or use links contrary to the expectation of the user based on the message text
Messages that are structured to evade this policy or the policies of carriers (e.g. misspelling, uncommon capitalization, snowshoeing, etc.)

RingCentral reserves the right to add to this list at any time or determine messages are prohibited at its discretion.

Carrier fees and account restrictions

Accounts in violation of RingCentral or carrier rules and regulations may be subject to reduced deliverability of messages, additional campaign registration requirements and fees, suspension of service, or termination of service in addition to fines and other penalties passed through RingCentral by the carriers.

It is your responsibility to be aware of any additional restrictions or changes to policies, regulations, and laws when sending SMS messages, and to adhere to any and all policies related to the recipient number.