DOCUMENT of AGREEMENT
Please read this agreement.
Cyb Informatics Systems has a zero tolerance policy for spam, pornography and warez. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.
This User Agreement (the 'Agreement') governs the terms of the use by the 'Client' of services offered by Cyb Informatics System ('Provider'). The 'Client' agrees to receive access to the Virtual Server services according to the following terms and conditions:
1. Selection of Service Plan.
The 'Client' will select one of the service plans offered by the 'Provider' and agrees to receive services according to the service plan selected.
2. Payment for Services.
The 'Client' will pay for services provided under this Agreement by credit card
authorization provided to the 'Provider' or by Bank Transfer to the 'Provider'
Bank account.
When
initiating
service,
the
'Client' will be charged the whole published fee for the service plan selected.
If this Agreement is terminated in 3 months period, the 'Client' will be obligated
to pay for only the pro rata portion
of
the monthly
service plan charge for the months until the service is terminated.
3. Term.
This Agreement may be terminated by the 'Client' or the 'Provider' at any time without prior notice and without cause. If either party is in default under this Agreement (including non-payment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party. The 'Provider' keeps the right to deny, terminate or suspend our services at will; The 'Provider' will not be responsible for the positive or negative consequences, which are the result of the one web-site’s termination from the server. All the damages are being confined to the direct termination of the services.
4. Compliance with Law.
The 'Client' will use the services offered by the 'Provider' in a manner consistent with all applicable Greek, european and international laws, conventions, treatments and regulations concerning Internet, the e-commerce and the 'community of information' in general.
5. File Back-up.
The 'Provider' is not responsible for the 'Client's' files residing on Provider's servers. The 'Client' is solely responsible for independent backup of data stored on the 'Provider's' servers.
6. Prohibition of Publication of Certain Material.
The 'Client' shall not knowingly or unknowingly submit to the 'Provider' for publication any of the following material (including pictures, links or any other content). The 'Client' also agrees not to do or participate in any of the following non-exclusive list of UNACCEPTABLE content and behaviors:
a. Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
b. Any material that is libelous or slanderous, obscene, lewd, lascivious, excessively violent or otherwise objectionable;
c. Any material, which is or contains anything nude, obscene or pornographic;
d. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
e. Any abuse of shell account privileges including but not limited to:
1. Use of any program/script/command or sending messages of any kind, designed to interfere with a users terminal session via any means, locally or by the Internet.
2. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
3. Repeated running of CPU-intensive user-compiled programs, which negatively impact other system users.
4. Running eggdrop or any other IRC bot, which is connected to a remote IRC server.
f. Any material that condones, promotes, contains or links to warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities or other piracy - related information, whether for educational purposes or not.
g. Any material that is racist or otherwise offensive to the 'Provider' network and community, including content which aggravates, harasses, threatens, defames or abuses others, such as bigotry, prejudice, racism or hatred and promotion, assistance or information of any type related to violence against governments, groups, organizations or individuals.
h. Any material that exploits children under 18 years of age.
i. Any material that contains, links to or participates in pyramid schemes, gambling, raffles, lotteries and so forth.
j. Storage of log files or non-HTML content, unless a PROVIDER service, tool or feature is expressly provided for such purposes.
k. Password-only, hidden, or restricted access pages, unless a PROVIDER service, tool or feature is expressly provided for such purposes.
l. Content that holds the PROVIDER up to public scorn or ridicule.
m. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
n. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to illegally harm any people or animals.
o. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
Any violation of the above conditions will result in termination of the 'Client's' account without notice. Due to the public nature of the Internet, all material submitted by the 'Client' for publication will be considered publicly accessible. The 'Provider' does not screen in advance the 'Client's' material submitted to the 'Provider' for publication. The 'Provider's' publication of material submitted by the 'Client' does not create any express or implied approval by the 'Provider' of such material nor does it indicate that such material complies with the terms of this Agreement.
7. DISCLAIMER OF WARRANTIES.
THE 'PROVIDER'S' SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. THE 'PROVIDER' SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE 'PROVIDER' BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE 'PROVIDER' HAS BEEN ADVISED BY THE 'CLIENT' OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF THE 'PROVIDER'S' SERVICE TO THE 'CLIENT' IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, THE 'PROVIDER' SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY THE 'CLIENT' TO THE 'PROVIDER' FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
8. Limitation/Disclaimer of Liability.
The 'Provider' is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. The 'Provider' does not guarantee the availability of the domain name that you want, even if the domain name appears to be available at the time of your registration request. As we rely on a second party to fulfill these registrations, the 'Provider' cannot be held responsible for this process. The domain name that you register is not finalized until you receive a bill from Cyb Informatics Systems telling you the domain name is registered. The 'Provider' assumes no responsibility or liability for the successful acceptance and/or registration of your proposed domain name registration. The 'Provider' does not represent or warrant to the 'Client' that the 'Client' will receive continual and uninterrupted service during the term of this Agreement. In no event shall the 'Provider' be liable to the 'Client' for any damages resulting from or related to any failure or delay of the 'Provider' to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond the 'Provider's' control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
9. Indemnity.
The 'Client' agrees to defend, indemnify and hold the 'Provider' harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by the 'Provider' to the 'Client' under this Agreement, including without limitation claims made by third parties (including customers of the 'Client') related to any false advertising claims, liability claims for products or services sold by the 'Client', claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the 'Client' for publication by the 'Provider', but excluding those related to the negligence of the 'Provider'.
10. Resale of Provider's Service.
If the 'Client' acts as a 'reseller' of the services provided by the 'Provider' to the 'Client' hereunder, by the 'Client' providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, the 'Client's' obligations under Section 9 ('Indemnity') shall apply to any and all claims made against the 'Client' and/or the 'Provider', which arise out of the resale of the 'Provider's' services.
The 'Provider' retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound and so forth on its Web sites. The 'Client' acknowledges that all content and technology available on the 'Provider’s' sites is protected by Greek, European and International copyrights, trademarks, service marks, patents or any other proprietary rights and laws and that the 'Client' is permitted to use content and technology and its compilation, selection, arrangement, assembly and coordination only as expressly authorized by the 'Provider'. The 'Client' agrees - under a penal clause of € 100.000,00 - not to copy, reproduce or create derivative works of the services, technology, content, text, design, graphics and other features of the 'Provider' sites.
11. Governing Law/Venue.
This Agreement shall be governed by the Greek Law, the European and the International conventions and treatments concerning Internet, E-commerce and the 'Community of Information' in general. Venue for any action hereunder shall be in Rethimno, Crete, Greece.
12. Relationship of the Parties.
The parties intend that an independent contractor relationship will be created by this contract and that no partnership, joint venture or employee/employer relationship is intended.
13. Taxes.
If any governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by the 'Provider' to the 'Client' under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then the 'Provider' may pass the direct amount of such cost on to the 'Client' and the 'Client' shall promptly pay such cost.
14. Waiver.
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
15. Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
16. IP Addresses.
The 'Provider' maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the 'Client' and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
17. Cancellation.
In order to stop service, the 'Client' must follow the cancellation procedure,
which can be found at Cancellation Policy.
The 'Client' accepts all the terms and conditions listed above, and acknowledges
that the use of the 'Provider's' services is subject to certain limitations set
forth above. If the 'Client' does not accept this agreement, may not proceed
with the sign-up process.
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Cyb Informatics Systems. All rights reserved. |