Introduction [-TOP-]
This Cyera Solutions LLC (“Cyera Solutions”) Acceptable Use Policy ("AUP") describes the proper conduct and prohibited uses of Cyera Solutions hosting services (the "Services"). This AUP is not exhaustive and Cyera Solutions reserves the right to modify this AUP at any time, without notice, effective upon posting of the modified AUP at www.CyeraSolutions.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Cyera Solutions deems appropriate. These terms are negotiable, but only on a case-by-case basis. For more information, or to customize a these terms to fit your needs, please contact legal@cyera solutions.com. Please note that no alteration of these terms is to be considered in effect without a written contract signed by an authorized employee of Cyera Solutions LLC.
Server Abuse [-TOP-]
Any attempt to undermine or cause harm to a server, or customer, of Cyera Solutions is strictly prohibited.
Unauthorized use of accounts or computers owned by other people or organizations [-TOP-]
Cyera Solutions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Cyera Solutions customer, whether or not the attacked account or computer belongs to Cyera Solutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Cyera Solutions has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers . Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, illegal distribution of software (“warez”) or audio/video, cracks, software serial numbers, and/or anything else determined by Cyera Solutions to be unacceptable use of Cyera Solutions services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Bandwidth Traffic [-TOP-]
Each plan with Cyera Solutions comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account you will be billed at $3.50 per 1 GB/month. If you wish to prepay for bandwidth overages, you will need to pay $2.50 per 1 GB/month. You can add prepaid bandwidth to your account via your control panel. If you go over your limit, you will be billed automatically at the non-prepaid rate for any bandwidth you have not prepaid.
You will receive a notice weekly detailing your bandwidth usage only if you exceed your allotted bandwidth.
If , for any reason, we cannot bill your credit card for any overage charges you incur, you will receive a notice. You will have 7 days to visit http://www.CyeraSolutions.com/hosting/payments.cfm to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. You may also contact billing@cyerasolutions.com to arrange for payment.
Unsolicited Email (Spam) [-TOP-]
Unsolicited commercial advertisements (spam) are not allowed in email, and will likely result in account cancellation.
Cyera Solutions takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account 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.
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
- Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Cyera Solutions (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Cyera Solutions reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will NEVER be returned to you.
99.9% Uptime Guarantee: [-TOP-]
(1.) Coverage
This 99.9% uptime guarantee applies to any Cyera Solutions client in good financial standing with Cyera Solutions at the time of a service outage.
(2.) Service Level Agreement and Specifications
Cyera Solutions endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Cyera Solutions to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Cyera Solutions online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Cyera Solutions Hosting Support Center. Cyera Solutions administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Cyera Solutions network.
(3.) Credits
In the event that your web site is not available for more than 99.9%, Cyera Solutions will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
Monthly Uptime |
Credit |
95% to 99.8% |
10% |
90% to 94.9% |
20% |
89.9% or below |
50% |
For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.
Minutes of continuous downtime |
Credit |
60 |
10% |
5+ 60 minute intervals |
25% |
In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to hostingrefunds@cyerasolutions.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Cyera Solutions. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Cyera Solutiosn, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Cyera Solutions reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Cyera Solutions "Terms, Conditions and Acceptable Use Policy" (this policy) causing a machine to fail as a result.
CGI Scripts [-TOP-]
(This section does not apply to managed dedicated or colocation servers.)
Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse [-TOP-]
(This section does not apply to managed dedicated or colocation servers.)
Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Chat Rooms [-TOP-]
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Cyera Solutions Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: This rule does not apply to Parachat chat rooms. They are perfectly fine to install.
Abuse of SMTP Mail Server [-TOP-]
We do not allow clients to send more than 2000 pieces of email per day from a shared hosting account. If you do send more than 2000 pieces of email per day, your account will be placed on hold for Network Abuse. If you are sending legitimate emails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@CyeraSolutions.com to have your domain moved.
Background Running Programs [-TOP-]
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers)
IRC [-TOP-]
We currently do not allow IRC. IRC clients, or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages [-TOP-]
You will not exceed the bandwidth, storage and email usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed email storage and attachment size limitations, Cyera Solutions may, in its sole discretion, assess you with additional charges. If Cyera Solutions elects to take any corrective action, Cyera Solutions will not refund any unused prepaid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or email usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges.
Overage Fees are as follows:
Bandwidth: $3.50/GB ($2.50/GB if you prepay)
Disk Space: $0.30/MB
Email Attachements Over 10MB: $0.10/MB
MySQL Database Storage: $0.50/MB ($0.45/MB if you prepay)
Microsoft SQL Server Database Storage: $0.50/MB
To prepay for overages, please log into your control panel and choose to do so from within your current plan. If you wish to upgrade your plan, you can do so at any time.
If you go over your monthly limit of allotted storage space, your credit card will be automatically billed for the overage fees. If , for any reason, we cannot bill your credit card for any overage charges you incur, you will receive a notice. You will have 7 days to visit http://www.CyeraSolutions.com/payments.cfm to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. You may also contact billing@cyerasolutions.com to arrange for payment.
Payment Policies [-TOP-]
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Cyera Solutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email 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 Cyera Solutions at http://www.CyeraSolutions.com/cancel.cfm to request for termination of services . All payments are in U.S. currency. Cyera Solutions will bill each client $20.00 per returned check, per wire transfer received and per credit card chargeback received. All Cyera Solutions accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $20.00 fee. Please contact the billing department at billing@CyeraSolutions.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card is declined for any reason, Cyera Solutions will charge your account an additional $1.00 service charge every time your card is declined. Cyera Solutions may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Cyera Solutions) shall be paid by Customer.
Cancellation and 30-day Money-Back Guarantee [-TOP-]
Cyera Solutions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Cyera Solutions if Cyera Solutions institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Cyera Solutions's web hosting plans are backed by a 30-day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, add-on/upgrade fees and overages. Please note that domain registration fees will not be refunded as you will continue to own the domain after you cancel your hosting account with Cyera Solutions. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Cyera Solutions is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if Cyera Solutions is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, credits to the account (see below), etc. Due to security concerns, all account cancellations must be done via our cancellation form at http://www.CyeraSolutions.com/cancel.cfm. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. The decision to send a company check or credit to your credit card will be solely at the discretion of Cyera Solutions. All refunds will be processed within four weeks from the date of cancellation. For the purposes of this cancellation provision, the term "processed" shall mean either (1) a company check has been mailed to the address we have on file for you or your company, or (2) a credit has been sent to the bank through which you have a credit card. If the credit card you used to pay your first month's payment is no longer valid, Cyera Solutions will automatically send a company check to you for the first month's fees. Another credit card other than the one used to sign up cannot be credited in conjunction with this 30-day money-back guarantee. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cyera Solutions must receive your termination notice from http://www.CyeraSolutions.com/cancel.cfm prior to the last seven (7) days of the 30-day period. This allows Cyera Solutions enough time to process your cancellation. Any cancellation requests received less than 7 days prior to the end of the 30-day period could result in a charge being processed for the next month's billing cycle. If this should occur, you will be credited for the next month's billing cycle in addition to the first billing cycle. You must fill out every field on the cancellation form including the reason for cancellation. Please note that all files on the server associated with your account will be deleted immediately upon cancellation. It is your sole responsibility to remove any files you wish to keep prior to submitting your request for cancellation.
Account Credits and the Cancellation Policy:
If the customer cancels the account at any time, all monetary credits to the account are forfeited at that time. No refunds will be issued for credits on the account at the time of cancellation.
Liability and Obligations on Cancellation [-TOP-]
If the Agreement expires or is cancelled for any reason, Cyera Solutions is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever resulting from the termination or expiration. If you terminate this Agreement, Cyera Solutions will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Cyera Solutions under this Agreement.
Material and Product Requirements [-TOP-]
You must ensure that all material and data placed on Cyera Solutions equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Cyera Solutions. Cyera Solutions will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Cyera Solutions may reject this material. Cyera Solutions will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Cyera Solutions requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. Cyera Solutions does not provide this knowledge or customer support outside of the Services.
Intellectual Property Rights [-TOP-]
Material accessible to you through Cyera Solutions services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Cyera Solutions or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Cyera Solutions network. If you use a domain name in connection with Cyera Solutions or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security [-TOP-]
Customers may not use the Cyera Solutions network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, denial of service attacks, or other deliberate attempts to overload or crash a host or network. Cyera Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Cyera Solutions will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Cyera Solutions or any of its other customers.
Electronic Commerce [-TOP-]
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static/Dynamic Content Caching [-TOP-]
You expressly (i) grant to Cyera Solutions a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Cyera Solutions under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership [-TOP-]
Cyera Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Cyera Solutions and Cyera Solutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration [-TOP-]
Customer agrees to pay Cyera Solutions prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Cyera Solutions price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Cyera Solutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Cyera Solutions to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Cyera Solutions) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Cyera Solutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Cyera Solutions will reinstate Customer's domain name registration solely at Cyera Solutions discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Offer for Free Domain Registration :
If the customer takes advantage of any offer for free domain registration during the signup process, the customer agrees to pay the intial fee for domain registration, which is $9.95. A credit will then be applied to the customer's account with Cyera Solutions for this amount. This credit is non-refundable should the customer choose to cancel his or her hosting account with Cyera Solutions whether during the 30-day trial period or at any other time. If the customer's account is not kept active before the credit has been applied to a billing cycle, the credit will be lost. Please see the section entitle Cancellation and 30-Day Money Guarantee for further details on refunds.
Copyright Infringement [-TOP-]
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Cyera Solutions system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING CYERA SOLUTIONS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Cyera Solutions LLC
Legal Department
206 Seventh Street
Riverside, NJ 08075
copyright@CyeraSolutions.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, email address).
- Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
- 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.
Lawful Purpose [-TOP-]
Cyera Solutions reserves the right to refuse service to anyone. Customers may only use Cyera Solutions servers for lawful purposes. 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, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Cyera Solutions management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Burlington County, New Jersey and any dispute will be litigated or arbitrated in Burlington County, New Jersey. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Burlington County, New Jersey Courts. IN NO EVENT SHALL CYERA SOLUTIONS MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Limitation of Liability
Cyera Solutions liability (including, for the purposes of this paragraph only, any of its agents, employees, or representatives, to the Customer (either directly or as a third-party defendent), shall be limited to the amount of fees paid by customer to Cyera Solutions under this Agreement within one year preceding the date Customer contents its claim arose. In no event shall Cyera Solutions be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect, or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Cyera Solutions has been advised of, or is aware of, the possibility of such damages.
Indemnification [-TOP-]
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CYERA SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CYERA SOLUTIONS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CYERA SOLUTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CYERA SOLUTIONS 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 CYERA SOLUTIONS SERVER.
Disclaimer [-TOP-]
CYERA SOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CYERA SOLUTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CYERA SOLUTIONS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CYERA SOLUTIONS AND ITS EMPLOYEES. CYERA SOLUTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF CYERA SOLUTIONS MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. |