Legal

Overview

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

This service contract (hereinafter the "CONTRACT") is between CyberVision Media Inc. (hereinafter CVM) and the applicant, You: (hereinafter CLIENT) who wishes 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, state 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 can not 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, it's 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 anothers 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 support@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 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

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 on a random day, 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 $75 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 gigs of disk space will be removed from daily and weekly backups.

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

If your shared or reseller hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Justification must be given to CVM in writing via email to billing@cybervisionmedia.com within 15 days of previous month end and approval of credit is at the discretion of CVM. All requests must be made in writing via email. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller plans. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our 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 $750.00 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. It can be done by email (support@cybervisionmedia.com). After 60 days of cancellation, it will 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, Western Union Money Transfer, cheques, and money orders. There are no refunds on dedicated servers, install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled 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 on the anniversary billing date 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-rata charge on the next Billing date. 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 be come inaccessible and will automatically be reclaimed.
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 also reserves the right to refuse service and cancel CLIENT at anytime. 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.

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.