Terms, Conditions and Acceptable Use Policy.
CyberPages Virtual Servers (herein referred to as "CyberPages") provides Internet World Wide Web page hosting and e-mail services. CyberPages has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.
CyberPages's general policy is to act as a neutral provider of access to the global Internet. CyberPages has specific ethical concerns regarding the use of its computers detailed below. CyberPages reserves the right to suspend or cancel a customer's access to any or all services provided by CyberPages should CyberPages deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.
Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers
CyberPages will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.
Any unauthorized use of accounts or computers by a CyberPages customer, wether or not the attacked account or computer belongs to CyberPages, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the
seriousness of the attack.
Commercial Advertisements Within E-mail and Spamware
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Using "instant message software" such as ICQ, AIM, Yahoo Messenger or anything similar to send spam messages are treated identically to email spam and will result in similar action taken against the sender.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
Upon your first Spam offense your account will be terminated and a maintenance fee $120 will be billed to you. This is due to the enormous amount of time it takes to serve spamming victims.
Sites that provide software or services to acquire e-mail addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving e-mail addresses without the knowledge and consent of the owners of those e-mail addresses will be terminated without issuing a refund.
Adult Oriented Websites
We do not allow adult oriented websites on our servers due to the fact that they are resource intensive. We do not feel is it fair to our other customers to allow sites that inhibit their performance. We reserve the right to terminate any adult sites that are found on our servers without issuing a refund.
Use of Disk Space
Your disk space is for your own use only. You may not resell or give away disk space to any third party. 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. The combined disk space used by databases, email and website files should not go above 50 Mb or your account will be charged at the usual excess disk space rates.
File backups and restore
Although CyberPages does back up data daily, it is the users responsibility
to back up all files. CyberPages's automatic back up system is designed to
restore entire file systems in the event of complete disk loss. It is not,
however, designed to restore individual user's files. At no time will we
be liable for lost data, and if asked to restore files for an individual
customer outside of a complete file system failure, we may charge up to
$150/hr for the service. Customers who use CGI scripts to maintain
file-based databases should take precautions to ensure that data is not
lost in the event of a shortage of disk space (including over quota
errors), reboots or killed processes. At no time shall be liable
in the event a customer CGI application fails to take
and truncates user data, even in the event of a reboot or shortage of diskspace.
CyberPages makes every
reasonable attempt to provide an environment suitable
for use by its customers for the purpose of an on-line
presence, including sufficient bandwidth and CPU resources.
Bandwidth and CPU resources are on an open and "first
come first serve" basis whereby bandwidth and CPU
resources are allocated in order of who requests them
first. In this environment, it is possible for a user
to consume more than their share of CPU resources and/or
bandwidth and therefore impede the performance of the
network and servers as a whole, adversely limiting the
resources available to other users. CyberPages closely
monitors the performance of its systems and network.
If at any time CyberPages deems that a user is imposing
an unreasonable load on a server or the network (such
as an inordinate number of CGI processes), CyberPages
may, at its sole discretion, take any action it deems
necessary to correct the problem and free up resources
for other users, including but not limited to killing
processes or shutting down service for an offending
user without notice. Processes should not exceed 2%
CPU utilization sustained, and peak at no more than
6% for less than 10 seconds. The number of processes
run per day should not exceed 2880, which is one process
every 30 seconds. Cronjobs should be limited to running
no more than once per hour.
Some specific examples
of processes that are not allowed are FFA links scripts
and sites, webproxies, BNC, IRC and chat scripts, bots,
anonymous emailers, daemons of any kind, spiders or
web crawling robots, portal sites (Yahoo like sites),
network monitoring/probing scripts and denial of service
(DoS) attack scripts.
CyberPages reserves the
right to refuse service to anyone. Customers may only
use CyberPages' server for lawful purpose. Transmission
of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally
judged to be threatening or obscene, material protected
by trade secrets, child pornography and satanic materials.
CyberPages expressly forbids anyone from using CyberPages'
servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way
the above, or any other material which we deem to be
objectionable. The designation of any materials as such
described above is left entirely to the discretion of
are intended for the end user only. Customers cannot
sublease, subhost, or give away control of any portion
of CyberPages' resources. Doing so could result in immediate
Your password is considered
private and is not to be given out to any third party
outside your organization.
All accounts are set
up on a pre-pay basis. All pricing is guaranteed for
the term of pre-payment. CyberPages reserves the right
to change prices at any time. Payment is due each anniversary
month or period following the date the account was established.
Any account not brought
current within two weeks of e-mail notice or exceeding
this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the
account from the time it was established to the time
that the customer notifies CyberPages in writing for
a request for termination of services. Checks returned
unpaid (NSF) will be assessed a $30 charge. If you are
a check paying customer, invoices will be sent to you
via e-mail. Invoices are payable immediately upon receipt,
however, we allow up to 30 days for payment to arrive.
In the event we do not receive payment for an invoice
within 30 days of the date of the invoice, we may apply
late fees, deactivate your service for non-payment,
or both. In the event that your account is deactivated
for non-payment, a $40 reactivation fee will be applied
upon reactivation of your account. The standard late
fee is $5, or 10% of the overdue amount, which ever
is greater. All payment is in U.S. currency.
Customers can cancel
service any time. Due to security
concerns, all account cancellations must be done in
writing via postal mail with a valid signature of
the primary contact of the account, account name, reason
for cancellation, and last 4 digits of credit card on
file. If payment was made by check or bank transfer,
the zip/postal code of the primary contact.
CyberPages reserves the
right to cancel service at any time without notice for
any reason that CyberPages deems appropriate. All monthly
service fees paid in advance of cancellation will be
pro-rated and refunded by CyberPages if CyberPages institutes
its right of cancellation. If cancellation is caused
by the customer's violation of these policies, then
no refund is due. If customer initiates cancellation, then no refund is due.
Customer agrees that
it shall defend, indemnify, save and hold CyberPages
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys
fees asserted against CyberPages, 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 CyberPages against liabilities arising
out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with CyberPages' server; (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 customer from
CyberPages will not be
responsible for any damages your business may suffer
for any reason, including negligence on our part. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by CyberPages and its employees. CyberPages makes
no warranties of any kind, expressed or implied about
the services we provide. CyberPages specifically disclaims
all warranties of merchantability and fitness for a
Agreement (for domain registration)
1. AGREEMENT. In this
Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we",
us" and "our" refer to CyberPages and
"Services" refers to the services provided
by us as offered through CyberPages, the Registration
Service Provider ("RSP"). This Agreement explains
our obligations to you, and explains your obligations
to us for various Services. By selecting our Services
you have agreed to establish an account with us for
such Services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access
to additional Services or to cancel your Services (even
if we were not notified of such authorization), this
Agreement covers such service or actions. By using the
Services under this Agreement, you acknowledge that
you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules
or policies that are or may be published by us.
2. SELECTION OF A DOMAIN
NAME. We cannot and do not check to see whether the
domain name you select, or the use you make of the domain
name, infringes legal rights of others. If we were asked
to register a domain name, the domain name should not
be considered registered until a confirmation email
is received from the registrar that specifically states
"This Domain has been registered". We urge
you to investigate to see whether the domain name you
select or its use infringes legal rights of others,
and in particular we suggest you seek advice of competent
counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain
name. You should be aware that there is the possibility
we might be ordered by a court to cancel, modify, or
transfer your domain name. You should be aware that
if we are sued or threatened with lawsuit in connection
with your domain name, we may turn to you to hold us
harmless and indemnify us.
3. FEES, PAYMENT AND
TERM. As consideration for the services you have selected,
you agree to pay us the applicable service(s) fees.
All fees payable hereunder are non-refundable unless
we provide otherwise. As further consideration for the
Services, you agree to: (1) provide certain current,
complete and accurate information about you as required
by the registration process and (2) maintain and update
this information as needed to keep it current, complete
and accurate. All such information shall be referred
to as account information ("Account Information").
You hereby grant us the right to disclose to third parties
such Account Information. The Registrant, by completing
and submitting the Domain Name Registration Agreement
("Registration Agreement"), represents that
the statements in its application are true and that
the registration of the selected Domain Name, so far
as the Registrant is aware, does not interfere with
or infringe upon the rights of any third party. The
Registrant also represents that the Domain Name is not
being registered for any unlawful purpose.
TO AGREEMENT. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of
this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will
be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement, Section
20. You agree to review our web site, including the
Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing
us with notice by e-mail or regular mail as per the
Notices section of this agreement, Section 20. Notice
of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use
the Services following notice of any revision to this
Agreement or change in service(s), you abide by any
such revisions or changes. You further agree to abide
by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree
that, by maintaining the reservation or registration
of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such
modifications, you may request that your domain name
be deleted from the domain name database.
TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier
and Password that you selected when you opened your
account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event
will we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name
to us from another registrar, you agree to be bound
the Dispute Policy which is incorporated herein and
made a part of this Agreement by reference. The current
version of the Dispute Policy may be found at:
Please take the time to familiarize yourself with such
NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified
in the Dispute Policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions contained
in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of your domicile,
the courts of the geographic location indicated by your
WHOIS information for your domain name, and the courts
of Alberta, Canada.
You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased our Services
on your behalf, you are nonetheless bound as a principal
by all terms and conditions herein, including the Dispute
9. ANNOUNCEMENTS. We
reserve the right to distribute information to you that
is pertinent to the quality or operation of our services
and those of our service partners. These announcements
will be predominately informative in nature and may
include notices describing changes, upgrades, new products
or other information to add security or to enhance your
identity on the Internet.
10. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive
remedy, with respect to any Service(s) provided under
this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s).
We and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental
damages, in such states, our liability is limited to
the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss
or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or misuse
of your Account Identifier or Password; (5) loss or
liability resulting from errors, omissions, or misstatements
in any and all information or service(s) provided under
this Agreement; (6) loss or liability resulting from
the development or interruption of your Web site or
email service. The registrant agrees that we will not
be liable for any loss of registration and use of registrant's
domain name, or for interruption of business, or any
indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised
of the possibility of such damages. In no event shall
our maximum liability exceed five hundred ($500.00)
11. INDEMNITY. You agree
to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating
to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without
limitation infringement by you, or someone else using
the E-mail Service with your computer, of any intellectual
property or other proprietary right of any person or
entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided.
You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the
Dispute Policy. When we are threatened with suit by
a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure
to provide those assurances may be considered by us
to be a breach of your Agreement and may result in deactivation
of your domain name.
12. BREACH. You agree
that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach
and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days
of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then
we may delete the registration or reservation of your
domain name or terminate your e-mail account without
further notice. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier
in response to that, or any other breach by you.
13. NO GUARANTY. You
agree that, by registration or reservation of your chosen
domain name, such registration or reservation does not
confer immunity from objection to either the registration,
reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you
provide to us to register or reserve your domain name
or register for other Services is, to the best of your
knowledge and belief, accurate and complete, and that
any future changes to this information will be provided
to us in a timely manner according to the modification
procedures in place at that time. You agree that your
use of our Services is solely at your own risk. You
agree that such Service(s) is provided on an "as
is," "as available" basis. we expressly
disclaims all warranties of any kind, whether express
or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information
obtained through the our e-mail service or that defects
in the Services software will be corrected. You understand
and agree that any material and/or data downloaded or
otherwise obtained through the use of the our e-mail
service is done at your own discretion and risk and
that you will be solely responsible for any damage to
your computer system or loss of data that results from
the download of such material and/or data. We make no
warranty regarding any goods or services purchased or
obtained through the e-mail service or any transactions
entered into through the e-mail service. No advice or
information, whether oral or written, obtained by you
from us or through the e-mail service shall create any
warranty not expressly made herein. Some jurisdictions
do not allow the exclusion of certain warranties, so
some of the above exclusions may not apply to you.
15. REVOCATION. You agree
that we may delete your domain name or terminate your
right to use other Services if the information that
you provided to register or reserve your domain name
or register for other Services, or subsequently to modify
it, contains false or misleading information, or conceals
or omits any information we would likely consider material
to our decision to register or reserve your domain name.
You agree that we may, in our sole discretion, delete
or transfer your domain name at any time.
16. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register
you for other Services, or to delete your domain name
within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register
or reserve your domain name or register you for other
Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that
may result from our refusal to register or reserve,
or delete your domain name or register you for other
17. SEVERABILITY. You
agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent
with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
18. NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policy shall
be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure
to require performance by the Registrant of any provision
hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
20. NOTICES. Any notice,
direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail
or via regular mail. In the case of e-mail, valid notice
shall only have been deemed to have been given when
an electronic confirmation of delivery has been obtained
by the sender, in the case of notice to us or to the
RSP to support@CyberPagesDesign.com
or, in the case of notice to you, at the e-mail
address provided by you in your WHOIS record or as updated
from time to time. Mail shall be sent to:
CyberPages web site design,
148, 954 - 16th Avenue N.E.,
Calgary, Alberta T2E 1L1,
and to you at the mailing address provided in your Affiliate
application or as updated from time to time. Any e-mail
communication shall be deemed to have been validly and
effectively given on the date of such communication,
if such date is a business day and such delivery was
made prior to 4:00 p.m. (EST time) and otherwise on
the next business day. Any communication sent via regular
mail shall be deemed to have been validly and effectively
given 5 business days after the date of mailing.
21. ENTIRETY. You agree
that this Agreement, the rules and policies published
us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether established
by custom, practice, policy or precedent.
22. GOVERNING LAW. THIS
AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF ALBERTA AND
THE FEDERAL LAWS CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT
MUST BE BROUGHT IN CALGARY, ALBERTA AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest
that you are of legal age to enter into this Agreement.
OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
CyberPages reserves the
right to revise its policies at any time.