The use of hosting services from CyberOptik Web Development LLC [hereafter referred to as “CyberOptik”] constitutes an agreement to these terms.
1.) Account Setup / Email on file
It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
2.) Content
All services provided by CyberOptik may only be used for lawful purposes. The laws of the State of Illinois and the United States of America apply.
CyberOptik services, including all related equipment, networks and network devices are provided only for authorized customer use. CyberOptik systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of CyberOptik system(s) constitutes consent to monitoring for these purposes.
3.) Zero Tolerance Spam / Mass Mailing Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.
4.) Payment Information
You agree to supply appropriate payment for the services received from CyberOptik, in advance of the time period during which such services are provided. You agree that until and unless you notify CyberOptik of your desire to cancel any or all services received, those services will be billed on a recurring basis.
5.) Backups
Our backup service runs daily and we keep daily, weekly, and monthly backups. This service is provided to you as a courtesy and if at any time you need access to an old backup or need us to revert back to a previous version of the website, please let us know.
6.) Cancellations and Refunds
CyberOptik reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Customers may also cancel at any time. CyberOptik does not offer refunds for web hosting services.
7.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server.
3) Run any type of web spider or indexer.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Participate in any file-sharing/peer-to-peer activities
6 ) Run cron entries with intervals of less than 15 minutes.
7) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase (accounts by default are allowed 20gb of bandwidth). Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Uptime Guarantee
If your account has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of CyberOptik. 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 web server, which may differ from the uptime reported by other individual services.
10a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold CyberOptik harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CyberOptik, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CyberOptik against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CyberOptik; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from CyberOptik’s server.
10b.) Arbitration By using any CyberOptik services, you agree to submit to binding arbitration. If any disputes or claims arise against CyberOptik or its subsidiaries, such disputes will be handled by an arbitrator of CyberOptik’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Illinois. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
11.) Disclaimer
CyberOptik shall not be responsible for any damages your business may suffer. CyberOptik makes no warranties of any kind, expressed or implied for services we provide. CyberOptik disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by CyberOptik and its employees.
12.) Disclosure to law enforcement
CyberOptik may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
13.) Changes to the TOS
CyberOptik reserves the right to revise its policies at any time without notice.
