responsible for abiding by the rules set forth in the paragraphs
below. Any violation of the terms set forth below may result in
immediate suspension and/or termination of all services
currently being provided.
As a Web Hosting Provider ("WHP"), we offer our customers the
means to acquire and disseminate a wealth of public, private,
commercial and non-commercial information. We also want our
customers to be fully informed of their rights and obligations
-- and ours -- in connection with their use of the Internet.
This Network Access Policy, which supplements and explains
certain terms of each customer's respective services agreement
(the "Services Agreement"), is intended as a plain English guide
to those rights and obligations.
The fundamental fact about the Internet is that no one --neither
us, nor anyone else -- owns or controls it. This fact accounts
for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of
those who use the Internet, both in the information they acquire
and in the information they disseminate to others. When
customers obtain information through the Internet, they must
keep in mind that we cannot monitor, verify, warrant or vouch
for the accuracy and quality of the information that customers
may acquire. For this reason, the customer must exercise his or
her best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted to
the Internet is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet, and will not
attempt to do so, we cannot accept any responsibility for injury
to our customers that results from inaccurate, unsuitable or
offensive Internet communications.
When customers disseminate information through the Internet,
they also must keep in mind that we do not review, edit, censor
or take responsibility for any information our customers may
create. This places on customers what will be, for most, an
unfamiliar responsibility. When users place information on the
Internet, they have the same liability as other authors for
copyright infringement, defamation and other harmful speech.
Also, because the information they create is carried over our
facilities and may reach a large number of people, including
both customers and non-customers of ours, customers' postings to
the Internet may affect other customers and may harm our
goodwill, business reputation and operations. For these reasons,
customers violate our policy and the Services Agreement when
they, their affiliates or subsidiaries engage in the following
Adult Sites/Unacceptable Content – Pornography and
pornographic related merchandising are prohibited under all
CyberTec Communications, Inc. services. This includes sites that
include links to pornographic content elsewhere. Further
examples of unacceptable content or links include pirated
software, “hacker” programs, archives of “Warez Sites”, game
rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal
software or shareware. In addition sites offering online
gambling, casino functionality, sportsbook betting (including
offshore), and Internet lotteries are prohibited.
Copyright Violation – Engaging in activity that infringes
or misappropriates the Intellectual Property rights of third
parties, including copyrights, trademarks, service marks, trade
secrets, software piracy and patents and other similar rights
held by third parties shall result in termination of all
"subscribers" privileges on the "CyberTec Communications"
How to claim a copyright infringement:
Pursuant to 17 U.S.C. 512(c) (2), all notifications of claimed
copyright infringement on the "CyberTec Hosting" system or Web
sites should be sent to our Network Administrator at email@example.com
and shall include the following information:
A: a physical or electronic signature of the copyright owner or
a person authorized to act on the copyright owner's behalf.
B: identification of the copyrighted work(s) claimed to have
C: identification of the material claimed to infringe the
copyrights(s), reasonably sufficient to enable "CyberTec
Communications, Inc." to locate the material in order to remove
the material or disable access.
D: information reasonably sufficient to allow "CyberTec
Communications, Inc." to contact the complaining party
(including name, address, phone number, and e-mail address)
E: statement that the complaining Claimant has a "good faith
belief that use of the material in the manner complained of is
not authorized by the copyright [holder], its agent or the
F: statement that the information in the notice is accurate, and
under PENALTY OF PERJURY, that the complaining party is
authorized to act on behalf of the copyright owner.
NOTE: UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY CYBERTEC COMMUNICATIONS, INC., OR BY
ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A
MISREPRESENTATION. IN ADDITION, YOU MAY ALSO BE SUBJECT TO
CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE LAW.
CCI. PROSECUTES TO THE FULL EXTENT ALLOWABLE BY LAW.
Customer Billing - When
excepting CCI's terms of service the customer hereby agrees and
authorizes CCI to use the credit card information they have on
file for any future reoccurring our periodic billing charges.
The customer acknowledges that this action will take place
automatically upon the customers monthly, quarterly or annual
account renewal date. All customer credit card information is
considered confidential and will not be released or shared with
any other third parties without their permission. The customer
also agrees that in order for CCI to cancel an active account,
they must submit to CCI a request to cancel their services 30
days in advance of the accounts normal renewal date. No
refunds will be allied after an account has been renewed
For additional information
regarding our refund policy, please see the following posted web
site reference: http://www.cybertec.net/guarantee.htm
Note: All cancellation
requests must be submitted to the email address
Customer Support –
CyberTec Communications, Inc. promotes a mutually professional
relationship with its customers. Obscene, abusive, threatening
or otherwise harassing communications with agents of the
Company, via telephone, email, online chat or other means will
result in immediate account termination not withstanding any
other terms of this agreement. CCI reserves the right to
terminate any customer account along with its associated
services at its own discretion. Violation of this will result in
Defamation -- Defamatory speech distributed over the
Internet can result in civil liability for the defamer and
litigation against the WHP whose facilities were used to
distribute the defamatory material.
Distribution and/or Transmission of Obscene or Indecent
Speech or Materials -- Violation of indecency and obscenity
laws can result in criminal penalties.
Distribution of Internet Viruses, Worms, Trojan Horses and
Other Destructive Activities -- Distribution of Internet
viruses, worms, Trojan horses and other destructive activities,
such as hacking, can result in serious civil and or criminal
liability under federal and state law.
DNS Transfers – By registering a domain name through
CyberTec Communications, Inc., the Customer is establishing a
relationship with DomainPeople.com separate from the Company and
this Agreement. CyberTec Communications, Inc. is the domain name
hosting business. All customer accounts are setup with the
understanding that the Customer will transfer authoritative DNS
control of the domain hosted with us, i.e., CyberTec
Communications, Inc. requires the Customer to update the domain
name registration of any domain hosted to the appropriate
nameservers. CyberTec Communications, Inc. does not provide
extended access to its network through non-authoritative DNS
means for any purpose other than initial account setup.
Third-level domains are provided for 30 days after account
creation and may not be used as a primary means of access to an
assigned web space.
Export Control Violations -- The law limits the ability
of persons to export encryption software, over the Internet or
otherwise, to points outside the United States.
Illegal/Unauthorized Access to Other Computers or Networks
-- The illegal or unauthorized accessing (often known as
"hacking") of computers or networks carries potential civil and
criminal penalties under both federal laws and the laws of most
Image Repository -- The WHP services are not to be used
as a software/image repository. This means you cannot use your
account to store images that are pulled from another website. An
example of this would be storing images to be pulled from an
eBay auction site.
Software/Script Support – Customer acknowledges that
CyberTec Communications, Inc. cannot provide technical support
for any software and/or script that the Customer installs, other
than variable name changes. Customer also acknowledges that
CyberTec Communications, Inc. does not supply technical support
for Microsoft FrontPage, other than initial configuration.
CyberTec Communications, Inc. supplies technical support for
web hosting issues only. CyberTec Communications, Inc. shall be
the sole arbiter as to what constitutes a “webhosting” issue.
Email Services - CyberTec email services are intended to
be used for direct account holders only and can not be offered
to the general public as an email service. This action is
in direct violation of CCI's T.O.S. and can be grounds for
immediate termination without refund.
Spamming -- Unsolicited, commercial mass e-mailing (known
as "spamming") is a strongly disfavored practice among Internet
users and web hosting providers. It is particularly harmful not
only because of its negative impact on consumer attitudes toward
us, but also because it can overload our equipment and disrupt
service to our customers. This includes listing a hosted domain
in any unsolicited email.
Unmetered Data Transfer -- CyberTec Communications, Inc.
provides the unlimited space and unlimited transfer in good
faith to our Customers so that they may create their websites
without the fear of running over their web space or web traffic
allocation. While most Customers will use the extra web space
and traffic for their legitimate web site needs, we recognize
that others may try to take advantage of our offer and use the
space and traffic in ways for which it is not intended. If at
any time the Customer’s website generates enough bandwidth usage
to affect the performance of the other customer sites on the
server, CCI reserves the full right to terminate the Customer’s
domain name without refund.
Other Activities, whether lawful or unlawful, that we determine
to be harmful to our customers, operations or reputation,
including any activities that restrict or inhibit any other user
from using and enjoying the service or the Internet. Any
violations of this agreement will result in refund
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
customer. We will not, as an ordinary practice, monitor the
communications of our customers to ensure that they comply with
our policy or applicable law. When we become aware of harmful
communications, however, we may take any of a variety of
actions. We may remove information that violates our policies,
implement screening software designed to block offending
transmissions, or take any other action we deem appropriate,
including termination of a customer's contract with us.
We also are aware that many of our customers are, themselves,
providers of web hosting services, and that information reaching
our facilities from those customers may have been originated by
customers of those customers or other third parties. We do not
require our customers who offer web hosting services to monitor
or censor transmissions created by customers of its customers.
At the same time, customers who knowingly transmit materials
that violate law or our policy are, themselves, in violation of
our policy. Similarly, we anticipate that customers who offer
web hosting services will cooperate with us in any corrective
action that we deem necessary, in order to correct and prevent
the transmission of material that is harmful to us or our
customers. Failure to cooperate with such corrective and
preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line
communications. In general, the Internet is neither more nor
less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, we urge our customers to assume that all of their
on-line communications are insecure.
We cannot take any responsibility for the security of
communications transmitted over our facilities. We will comply
fully, however, with all applicable laws concerning the privacy
of our customers' on-line communications. In particular, we will
not intentionally monitor or disclose any private electronic
mail messages sent or received by our customers unless required
to do so by law. We may, however, monitor our service
electronically to determine that our facilities are operating
satisfactorily. Also, we may be required to disclose information
transmitted through our facilities in order to comply with court
orders, statutes, regulations or governmental requests. Finally,
we may disclose information transmitted over our facilities
where necessary to protect us and our customers from harm, or
where such disclosure is necessary to the proper operation of
CCI will not be responsible for loss of any customer content. We
do, backup our systems daily, but these backups are used only to
restore customer content after a server failure, and we cannot
guarantee that all content will be up-to-date. It is the
customer's responsibility to have a full backup of their site.
We expect that our customers who provide Web hosting services to
others will comply fully with all applicable laws concerning the
privacy of on-line communications. A customer's failure to
comply with those laws will violate our policy. Finally, we wish
to emphasize that in signing the Services Agreement, customers
indemnify us for any violation of the customer of the Services
Agreement, or of law or corporate policies, that results in loss
to us or the bringing of any claim against us. This means that
if we are sued because of activities of the customer that
violate any law, the Services Agreement or this policy (which is
part of the Services Agreement), the customer will pay any
damages awarded against us, plus costs and reasonable attorneys'
fees. When using CCI's services the customer agrees to
not take any type of legal action against CyberTec
Communications, Inc. for any reason. This includes the
interruption of hosting and email services, disputes regarding
domain registrations and Web site design.
We hope this Policy Statement is helpful in clarifying the
obligations of Internet users, including us and our customers,
as responsible members of the Internet.
We reserve the right to permanently discontinue service
at any time, without notice, should you be found in violation of
our aforementioned terms and conditions.
Note: You are not permitted to have any commercially available
software, fixes, patches or electronic media (ex. MP3s, AVI,
WAVE, etc.) for download on your site. We reserve the right - at
any time, to terminate service if we find that you have violated
this term. Additionally, should you be found to be in violation
of any licensing agreements currently in place, we reserve the
right to permanently terminate your service without refund. In
English - NO DOWNLOAD SITES!
Complaints about violators of our policies should be referred to
firstname.lastname@example.org. Each complaint will be investigated.