Cyberlinnium Design Website Design,
Development, and Hosting
Terms and Conditions of Service
General
The terms and conditions outlined below are designed to protect and benefit all customers. In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no customer uses an 'unfair' proportion of the system's resources.
This agreement represents the complete agreement and understanding between Cyberlinnium Design and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via Cyberlinnium Design services, Cyberlinnium Design may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
Cyberlinnium Design requires that its agreements be made with a person who is qualified to contract. As such, customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Cyberlinnium Design cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
Limitation of Liability
The customer agrees to indemnify and hold Cyberlinnium Design and any of its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the customer or to any other party.
Uptime Guarantee against outages
We will back our 99.7% uptime Guarantee by reimbursing customers on a prorata cost basis relative to their current Monthly Plan cost, on request by the customer, for any excess downtime hours within any one Month. With the understanding that the following is not included as outage down time:
Downtime due to: Scheduled Server Maintanence or any internet disturbance outside of the data centre where the server resides, caused by any circumstance out our control .
Use of Servers
Customers should not attempt to access the sites of other customers, and should not attempt to hinder the operation of our servers in any way. With this in mind and for additional security we require a photo ID of any person who wishes to obtain SSH access,We reserve the right to refuse or cancel service to any customer.
Acceptable Content
Your site must not contain material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour. This includes any site with material relating to hacking or pirated software. Cyberlinnium Design has sole discretion to determine whether a site's content is acceptable. Sites with unacceptable content will be removed from our servers.
Copyright Infringement
a). Customer warrants that any material submitted for publication on Cyberlinnium Design does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Cyberlinnium Design reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
b). If Cyberlinnium Design becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Cyberlinnium Design, at its discretion, may, at any time deny access to the challenged material of Customer.
Traffic
Sites with more than 3% daily average CPU Useage or using more than 30% of system resources
will be charge extra. Charges will be based on usage and applied to future billing.
Sites that have excess traffic will be charged $5/Month per excess gigabyte over the amounts allowed as listed in the hosting table
Use of Disk Space
Your disk space is for your own organisation or individual to use as you see fit. But you or any third party using your space must adhere to the terms of service.
Please set your mail software to delete your mail from the server. This will speed up your mail retrieval and will help you avoid excess disk space charges. Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server.
Chat Rooms and IRC
Server side based Chat rooms tend to monopolise system resources and for that reason we do not allow customers to install this type of chat room. IRC or IRC bots are not allowed on our servers. Client side Java and html chats are ok.
Resource-Useage
If you install and run a highly resource-intensive program on our servers, or your site uses a greater percentage of system resources, than you are entitled to. there may be an additional monthly charge.
Spam (Unsolicited Bulk Email)
Spamming, or sending of unsolicited bulk email, from a Cyberlinnium Design server is strictly prohibited. Additionally, you must not use an email address or domain name which is hosted by Cyberlinnium Design to send unsolicited bulk email. The installation and use of email spamming scripts or programs is not allowed. If we decide that you have violated this condition then your account will be deactivated immediately.
Domain Names
Domain Name Registration is $15.00/year or $30.00/ 2 years, this applies to ( com net org info and biz) domains only, there will be no other fees due from internic or anyone else.
If you choose to register your domain name yourself, then you will be responsible for handling the registration process and paying the necessary registration fees. Cyberlinnium Design will, however, be happy to provide you with the technical details and name server information required to register your domain name.
Technical Support
We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion.
Customer contact List
Your email address that is given to us when you signup for our service, will be added to our customer contact list, to enable us to contact you with regard to scheduled maintainence, Network changes and Service enhancements.
Hosting Billing Cycle, Invoices and Payments
30 Day Money-Back Guanatee
- If you are not satisfied with your service cancel within the first 30 days a receive a full refund.
Our minimum billing cycle is 30 days. The initial payment is due at the time you open your account. You will be billed automatically at the end of each billing cycle, unless you have previously cancelled your account, with at least 7 days notice before the next payment is due, this notice period is necessary to give you time to transfer your account (the account with be shut down at the end of the 30 day cycle). There are no refunds for partial billing cycles. Please note that
if your payment is overdue then your account(s) may be suspended without notice at our discretion. Domain Name registration fees and Secure Certificates fees are non-refundable, as once you purchase Domain Names or Secure Certificates they belongs to you for the duration of the registration period.
Web Development Billing, Invoices and Payments
We bill half of the package price (or milestone for large custom projects) before starting a project. This amount is refundable within 7 days. The package (or milestone) will be completed within 30 days of the start of the project (or milestone). The second half of the payment is due on completion of package (or milestone) is a non-refundable payment for services rendered.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion. If you breach any of the above terms and conditions we reserve the right to deactivate your account immediately.
Server/Network Specifications:
- Apache 1.3.23
- Multiple redundant oc3 connectivity
- Daily data backups
- UPS and stand by generator power backup
- 24/7 network monitoring
- 99.7% uptime
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