Cybershore Acceptable Use Policies
This agreement represents the complete agreement between Cybershore, Inc. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that Cybershore may amend or modify this agreement or impose new conditions at any time. Any use of Cybershore’s services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the Cybershore home page at http://www.cshore.com/tos.htm
Cybershore Acceptable Use Policy
You may only use Cybershore’s services for lawful purposes, in compliance with all applicable laws including copyright and trademark law.
Cybershore reserves the right to limit promotional offers. Coupons, vouchers, and gift certificates carry no cash value and can not be redeemed for cash or a refundable account credit. Promotional offers can not be used in conjuntion with any other any other promotional offer or discounted service offer, bundled service, certificate, voucher or coupon.
The following are violations of Cybershore’s policies:
Sending unsolicited mass e-mailings to more than 25 recipients which provoke complaints from those recipients, or which excessively load Cybershore’s facilities or unfavorably reflect upon the Cybershore’s service image and reputation.
Cross-posting or posting a message to seven or more USENET newsgroups.
Sending mailings that contain more than 50 addresses.
Originating either of the three activities (1) ,(2) or (3) above from a provider other than Cybershore and/or using a Cybershore account as a mail drop for responses. Using any of the three described in (1), (2) or (3) above from an account at another provider to promote Web pages hosted by Cybershore’s Web server.
Making physical threats against another person via email, USENET news, or any other media Cybershore provides access to. If it comes to Cybershore’s attention that you are violating any of these policies, Cybershore will investigate and may suspend or terminate your account and remove your data from Cybershore’s computers.
Payment and Billing:
All accounts are due and payable upon the first day of each month. Accounts must be paid within 30 days of current month. All accounts unpaid after the 30 day period will be deactivated until full payment is received – no exceptions.
Accounts that are in arrears greater than 60 days will terminated. Cybershore will delete any and all data associated with said accounts. This may include but is not limited to Web data, and Email. To reactive a dialup account there will be a $15 access reactivation fee. For website the reactivation fee is $50.00. If customers web data needs to be restored from tape backup there will be $100.00 charge. Note only web data can be restored, email data cannot be restored.
Accounts may be prepaid up to a year in advance to prevent “missed bills”. Cybershore reserves the right to change its fees, price structure and or features offered at anytime for any reason. In the event of any changes Cybershore will provide you with reasonable notice of such change.
Billing Disputes Any billing disputes must be brought to our notice within 30 days of the charge/invoice date. NO REFUNDS WILL BE GIVEN AFTER THIS PERIOD. Even if there’s no activity on the account. Please contact our Billing department via email at firstname.lastname@example.org or by phone at 203.245.1175.
Account Cancellation: You may cancel your account at any time and it will stay active until the end of that month. Since charges are made at the beginning of the month, it is important to cancel within the last month that you wish to have service. For example, if you cancel on January 1, you WILL be charged for the month of January and the account will close on January 31. We will not refund any charges for accounts cancelled within that month, EVEN IF YOU DON’T USE THE ACCOUNT.
CANCELING WEBHOSTING – EMAIL ACCOUNTS
Please note moving DNS server does not consitute account cancelation. WE MUST RECEIVE A FORM ON COMPANY LETTER HEAD REQUESTING DOMAIN CANCELLATION You are responsible for retrieving your mail, Web site files, and all other information stored on our servers prior to canceling your account. Account Re-activation A $15 fee will be charged to reactivate a dialup account. The charge is if the account is reactivated after this 60 day period, a set-up fee of $15 will be charged for dialup accounts. For website the reactivation fee is $50.00. Website data cannot be restored. 30 days advance notice is required to close any web hosting account (Please call for a “Domain Close form” which we require to be filled out and faxed back on company letterhead to cancel your hosting/site)
The maximum size of NEW business class mailbox is 25 gigs. People still using the older mail system with reduced diskspace may lose mail due to a full mailbox as messages will automatically be returned undelivered to the sender when the mailbox is full. Please contact Technical Support if you have questions regarding the specifics of your particular configuration.
By using Cybershore and Internet resources you are agreeing as a condition of use to accept personal responsibility for considerate, ethical and responsible behavior in your use of the available resources.
You are solely responsible for determining if use of a particular number will cause you to incur long-distance, toll, or other charges. Cybershore Inc. is not responsible for any long-distance, toll or other telecommunications charges you incur.
You understand that Cybershore provides full uncensored Internet access. You assume total responsibility and risk for your use of the service and the Internet.
You are responsible for the security of your account. It is your responsibility to protect your account with a password which will protect it from unauthorized use and to change that password as frequently as you think necessary. If you discover that someone has made an unauthorized use of your account, you are to report the intrusion to Cybershore Inc. and to change your password.
Cybershore assumes no responsibility for the security of your account. You are responsible to make any back-ups of electronically stored data which you have created or maintain. Cybershore assumes no responsibility for lost or corrupted data. You are responsible to report any weakness you discover in the security of the computing resources to Cybershore.
You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with Cybershore resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact Cybershore for authority to act and for further instruction.
You are responsible to clearly and accurately identify any on-line communication including messages, sentiments and declarations as coming from you. If you are acting as the authorized agent of a business or organization, the communication must be identified as coming from that business or organization.
You are responsible to take steps to avoid being a victim or an unwitting distributor of computer viruses or other destructive computer programs. Cybershore assumes no responsibility for avoidance of or for the impact of computer viruses or other such destructive programs.
Cybershore reserves the right in its sole discretion to delete any information placed on Cybershore servers by any subscriber. Cybershore and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Subscriber understands and accepts that bandwidth and phone lines provided by Cybershore are shared resources, each subscriber’s share of which must be within parameters normal for an individual account. Cybershore regular dialup services are not intended to be full-time dedicated connections and will be automatically disconnected after maximum session limits and/or continued inactivity.
Subscriber agrees to not use any automatic method to avoid disconnection or to cause repeated reconnection; to keep a connection active only when the subscriber is personally using it, and to not attempt to operate any kind of continuously available server via such a connection. Cybershore reserves the right to terminate and/or impose whatever restrictions it deems appropriate on accounts it determines to be in violation of these conditions.
Consequences of Misuse
Misuse of Cybershore Inc. computing and Internet Resources may result in one or more of the following consequences which may be implemented at the discretion of Cybershore. A written warning. Cancellation of user’s account with Cybershore Inc. Financial restitution to Cybershore Inc. for funds owed and or expended because of misuse. Referral to civil authorities for prosecution.
The service is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability, fitness for a particular purpose or confidentiality. No advice given by Cybershore or their affiliates or their agents or employees shall create a warranty. Neither Cybershore or any of their affiliates warrants that the service will be uninterrupted or error free or that any information, software, or other material accessible on the Internet is free of viruses, worms, Trojan horses, or other harmful components.
Under no circumstances shall Cybershore or any of their affiliates, agents, or employees be liable for any direct, indirect, incidental, special , punitive or consequential damages that result in any way from your use or inability to use the service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through Cybershore Inc. or the Internet, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
If you are dissatisfied with the Cybershore service, or with any terms, conditions, rules, policies, guidelines, or practices of Cybershore or any of its affiliates in operating those services, your sole and exclusive remedy is to discontinue using those services.
Any liability of either Cybershore or any of their employees or agents, including without limitation to any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other legal theory shall be strictly limited to the amount paid by you to Cybershore for the calendar month in which the action arose.
I understand that Cybershore reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is inactivated, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my account. If my account includes space on Cybershore’s server, anything stored in this space will be deleted upon inactivation.
I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Cybershore, and would be a likely cause for termination of my account.
I agree to abide at all times by Cybershore’s then-current Policy on Appropriate Use as made available via a link on the Cybershore home page at cshore.com/tos.htm. and by any other policies posted on the Cybershore web site.
Our network is monitored 24 hours per day by an automated monitoring system. In the event of a possible network problem, a system administrator is notified immediately via email or pager. Unfortunately, there are situations that fall outside the realm of our monitoring system, or are beyond our control (such as fluctuations in electric power, etc.). In these cases, we try our very best to respond as quickly as possible, or to actively work with someone who can fix the problem. User requests that are left on voice-mail after hours are addressed at regular intervals. If the situation demands it, the system administrator on duty is notified as soon as possible to rectify any problems.
We Site Project refunds
We make every effort to deliver your new site on time however, we do require your involvement and prompt response to our communications. You are responsible for delivery of assets needed – logo, photos, copy as well as other items.
You have 30 days to cancel your project and receive a full refund of your deposit, providing no work was done by Cybershore on your project.
After 30 days your deposit is non-refundable.
For further information call: 203-245-1175 or contact us.