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Web Hosting and E-mail Acceptable Use Policy
CyberLynk provides World Wide Web page hosting and e-mail services on the
Internet. CyberLynk has certain legal and ethical responsibilities regarding
the use of its computer network and equipment involved in these services.
CyberLynk's general policy is to act as a neutral provider of access to
the global Internet. CyberLynk has specific ethical concerns regarding the
use of its computers detailed below. CyberLynk reserves the right to suspend
or cancel a customer's access to any or all services provided by CyberLynk
when CyberLynk decides that the account has been inappropriately used.
CyberLynk 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 CyberLynk customer, whether
or not the attacked account or computer belongs to CyberLynk, 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.
It is the customer's responsibility to maintain a current backup of their website.
CyberLynk maintains backups for disaster recover of the operating system only.
Commercial advertisements with e-mail
CyberLynk customers are prohibited from sending unsolicited commercial
advertisements in e-mail. Sending unsolicited commercial advertisements
via e-mail 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.
Sending a message, especially an advertisement, to more than five 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.
Abuse of Traffic and Storage
CyberLynk customers are privileged to be offered high traffic and storage
limits for their web sites. The intention of CyberLynk is to provide a
large space to serve web documents, not an offsite storage area for electronic
files. All web pages (html) must be 'linked' with all files (.gif, .jpeg,
.exe, etc.) stored on CyberLynk's server. Web sites that are found to
contain no html documents or a number of unlinked files are subject to
warning, suspension or cancellation at the discretion of CyberLynk management.
E-Mail Storage
It is the responsibility of the Customer to permanently store, save or retain
any email messages that are desirable to save and keep. The size of your
incoming email temporary storage at CyberLynk is very liberal but not unlimited
in size. Most Customers will never exceed the limits under normal use. However,
excessively large temporary email boxes create a Resource Usage problem and
violate our AUP. To avoid this, Customers may not use CyberLynk's email servers
for permanent or long-term storage. Customer Support at CyberLynk will assist
you in configuring your email client NOT to store messages on CyberLynk's servers;
instead to store those message locally on your computer. Please call Customer
Support at 414-858-9335 for more information. Messages that are older then 90
days may be removed from the server during routine maintinance.
CyberLynk will not host music, video, or software archive sites that violate
any copyright laws in any file format. Any sites that are found to contain
this content will be warned, suspended or canceled at the discretion of
CyberLynk management.
Cancellation
CyberLynk reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by CyberLynk if
CyberLynk institutes its right of cancellation. If cancellation is caused
by customers violation of these policies, then no refund is due.
Customers can cancel service any time and be refunded any amount exceeding
the pre-payment of the current month. Due to security concerns, all account
cancellations must be done in writing via US mail or fax with a valid signature
of the primary contact of the account, account name, and reason for cancellation.
Payment will be made by company check within 15 days of receipt of cancellation
or credit card return. The account will be canceled at the end of the current
billing period, unless a date of cancellation is specified.
Lawful Purpose
CyberLynk reserves the right to refuse service to anyone. Customers may
only use CyberLynk's 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, and material protected by trade secrets.
CyberLynk expressly forbids anyone from using CyberLynk's servers for
the propagation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, or pornographic material, or any other
material which we deem to be objectionable, including, but not limited
to, pornography, satanic materials, and any and all materials of an adult
nature. The designation of any materials as such described above is left
entirely to the discretion of CyberLynk management.
CyberLynk's services are intended for the end user only. Customers cannot
sublease, subhost, or give away control of any portion of CyberLynk's resources
unless specific contractual arrangements are in place. Doing so could result
in immediate account cancellation. CyberLynk offers a resale program.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold CyberLynk
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against CyberLynk, 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 CyberLynk against liabilities arising
out of; (1) any injury to person or property caused by any products sold
or otherwise distributed in connection with CyberLynk's 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 CyberLynk's server.
Disclaimer
CyberLynk will not be responsible for any damages your business may suffer.
CyberLynk makes no warranties of any kind, expressed or implied for services
we provide. CyberLynk disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by CyberLynk and its employees. CyberLynk reserves the right to
revise its policies at any time.
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