These Terms and Conditions represent the complete agreement and understanding between Cyber-Designs and you, the customer, and supersede any other written or oral agreement pertaining to your Web Page Creation and/or Hosting Services.
Upon notice, Cyber-Designs may modify the Terms and Conditions, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of Cyber-Designs’ services following such notification will be deemed acceptance of the modification.
1.a. Cyber-Designs will provide services on its computing systems to you in exchange for recurring payment of hosting fees and full compliance with this Agreement.
1.b. Cyber-Designs reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which Cyber-Designs, in its sole discretion, believes violates these Terms and Conditions, or is otherwise harmful to Cyber-Designs’ interests or the interests of other accountholders.
1.c. You may only use Cyber-Designs’ services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through Cyber-Designs’ services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.
1.d. To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, Cyber-Designs reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. Cyber-Designs will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.
2.a. A list of current Web Page Design and Hosting fees for Cyber-Designs’ services can be found on the Web at http://www.cyber-designs.net/website/fees.html. Notice of fee increases can also be obtained at this site at least 30 days before such increases take effect.
2.b. Cyber-Designs will provide you with a color copy of your Web Page and begin hosting of such Web Page after it receives satisfactory payment for services negotiated.
2.c. This agreement will automatically renew for successive contracted periods for the life of the contract until cancelled in a manner prescribed under §3. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed quarterly for the recurring charges for the life of the contract including any automatic renewal periods.
2.d. Cyber-Designs will place all hosting accounts which do not reinstate during future billing cycles on suspension. Suspended hosting accounts will be removed from the Web until payment for reinstatement is received.
2.e. Cyber-Designs reserves the right to charge a service reconnection fee to reinstate suspended accounts.
2.f. There is a $15.00 service charge for each returned check.
3.a. To cancel your hosting account, you must contact Cyber-Designs via email, fax, postal mail or phone. Cancellation requests must include the hosting account’s Web Page address, and your name, address and phone number and/or other identifying information as they appear in Cyber-Designs’ billing records. This is necessary to protect account holders from unauthorized cancellations.
4.a. "As Is" Services. You acknowledge that Cyber-Designs’ services are provided "as is". Cyber-Designs, its employees, agents, suppliers, vendors, and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Cyber-Designs services will be uninterrupted or error free. Cyber-Designs expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.
4.b. In any case, Cyber-Designs’ entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability.
5.a. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
All Rights Reserved
259 Tasso Loop
Eunice, LA 70535