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
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:
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:
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
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.