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/ Co-Location Agreement
cyberMIND's Web Hosting Agreement
The Service includes: Server Co-Location (via one of cyberMIND's
Server Co-Location Plans); electronic mail ("email"),
Domain Name Service and Internet connectivity. Your usernames
and email addresses are our property and we may alter or replace
them at any time.
2. Registration Requirements
You must be at least 18 years old to register for our Service.
You must provide us with accurate and complete billing information
including your legal name, address, telephone, number and
credit card information. You must report to us all changes
to this information within 30 days of the change.
You are responsible for all charges to your account until
you terminate your account pursuant to Section 9.
Fees paid are nonrefundable.
Current prices for cyberMIND's Server Co-Location Service
are posted on our Rate Chart at http://www.cybermind-usa.net/policies/ColocationInfo.pdf.
They may also be obtained by calling (877) 373-6680. We reserve
the right to change prices and institute new fees at any time
upon 30 days prior notice which may be given by updating our
online rate chart.
A $15.00 service charge will be assessed to your account
for each bounced check.
Payments are due within 10 days after the month in which
the charges are incurred. If your account is delinquent, it
may be suspended or canceled at our sole discretion. If you
suspend your account, regular charges continue to accrue until
you cancel your account. If your account is disconnected due
to delinquent payments we may charge a $50.00 disconnection
fee. We may charge $50.00 to reinstate a suspended account.
Interest charges of 5% per month will accrue daily, with
a minimum finace charge of $2.00 on any unpaid balance which
is more than 30 days old.
You are responsible for all taxes, duties, and levies and
all of our attorney and collection fees arising from our efforts
to collect any unpaid balance.
If you have questions about any charge, you must contact
our Customer Service Department at (877) 373-6680 within 60
days after the invoice or transaction date of the charge.
Adjustments will not be made for charges more than 60 days
4. Use of the Service
You agree to abide by the terms of cyberMIND's then current
Acceptable Use Policy. The terms of cyberMIND's then current
Acceptable Use Policy is expressly incorporated into and made
a part of this Internet Access Agreement. You and members
of your household or of your business are the only authorized
users of your cyberMIND account. No one else may access the
Service through your account. You must ensure that all users
of your account comply with this Agreement. You are responsible
for maintaining the confidentiality of your passwords and
you must notify us within 24 hours of discovering any unauthorized
use of your account.
You will not use the Service or permit others to use the
Service through your account in any way that violates any
law or regulation, subjects cyberMIND to liability, or violates
our Acceptable Use Policy including but not limited to, publishing,
posting, distributing, or disseminating any defamatory, obscene,
libelous, slanderous, or other unlawful material or information.
You agree to comply with all cyberMIND security procedures
and standards and to be bound by the terms and conditions
of the Software License Agreement for any software provided
5. Monitoring the Service
cyberMIND has no obligation to monitor the Service but may
do so and may disclose information regarding your use of the
Service for any reason if in the sole discretion of cyberMIND
we believe that it is reasonable to do so, including to: satisfy
laws, regulations, or governmental requests; operate the Service
properly; or protect itself and its subscribers. cyberMIND,
in its sole and absolute discretion, may remove or refuse
to post any information or materials, in whole or in part.
We agree to abide by the terms of the then current Privacy
6. No Warranties
Except for certain products and services specifically identified
as being offered by cyberMIND, cyberMIND does not control
any information, products, or services on the Internet.
You assume full responsibility and risk for use of the Service
and the Internet. The service is provided on an "as is"
and "as available" basis. cyberMIND does not warrant
that the Service will be uninterrupted or error-free or that
any information, software, or other material accessible via
the Service is free of viruses, or other harmful components.
cyberMIND makes no express or implied warranties, representations,
or endorsements including, but not limited to, warranties
of title, non-infringement, or implied warranties of merchantability
or fitness for a particular purpose regarding any merchandise,
information, or service provided through cyberMIND or on the
Internet generally. No advice or information given by cyberMIND
or its representatives shall create a warranty.
cyberMIND is not liable for any costs or damages arising
directly or indirectly from use of the Service. You are solely
responsible for evaluating the accuracy, completeness, and
usefulness of all services, products, and other information,
and the quality and merchantability of all merchandise provided
through the Service or on the Internet.
The Internet contains unedited materials, some of which are
sexually explicit or may be offensive to you or others accessing
the Service through your account. cyberMIND has no control
over and accepts no responsibility for such materials.
7. Your Remedies
If you are dissatisfied with the Service or any of its terms,
conditions, rules, policies, guidelines, or practices, your
sole and exclusive remedy is to terminate this Agreement by
one of the methods outlined in Section 9 and discontinue using
Our cumulative liability to you for any and all claims relating
to the Service shall not exceed the total amount of the Service
fees you have paid to us within the prior year. UNDER NO CIRCUMSTANCES
ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE
FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE.
8. Term of Agreement
This Agreement is effective when you click the "Buy Now"
button at the end of the online order process or when you
first use the Service, whichever is first. If you are a current
cyberMIND member when this Agreement is activated, your continued
use of the Service means you accept this Agreement.
9. Termination of Agreement
You may terminate your cyberMIND account and this Agreement
by the following methods only: first-class registered or certified
mail, return receipt requested addressed to cyberMIND, Accounts
Customer Service, 326 West Kalamazoo Ave, Suite 312, Kalamazooo,
Michigan 49007; or telephone calls directed to Accounts Customer
Service at (877) 373-6680. Email cancellations will not be
accepted. Your termination will only be complete upon your
receipt of a confirmation number from cyberMIND. You will
receive verbal confirmation if you cancel by telephone, and
a written reply through U.S. mail if you cancel by mail or
cyberMIND may terminate this Agreement if you, or any person
who has access to the Service through your account, breach
this Agreement, or if you fail to pay any charges when due.
Any incoming email sent to canceled accounts will not be
bounced back or forwarded to another account. If your account
included space on cyberMIND's servers, anything stored on
this space will be deleted upon termination.
Sections 3, 7, and 10 shall survive termination of this Agreement.
cyberMIND may provide notice to you by: email addressed to
your email account or by U.S. Mail or courier service registered
for the service. All notices to you shall be deemed effective
on the first (1st) calendar day following the date of electronic
mailing or on the fourth (4th) calendar day following the
date of first-class mailing or deposit with a commercial courier
10.1. All disputes relating to this Agreement or the Service
shall be resolved by arbitration conducted in Kalamazoo, Michigan
in accordance with the Commercial Arbitration Rules of the
American Arbitration Association ("AAA"), and judgment
upon the award rendered by the arbitrator may be entered in
any federal or state court having jurisdiction in Michigan;
provided however, that any party seeking only equitable remedies
may seek such remedies in the federal or state courts having
jurisdiction over Kalamazoo, Michigan. You consent to the
personal jurisdiction of the federal and state courts and
AAA office having jurisdiction over Kalamazoo, Michigan with
respect to all disputes arising out of this Agreement, your
use of the Service or otherwise between you and cyberMIND,
and waive your rights to removal or consent to removal.
10.2. This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan without
regard to its conflicts of law provisions. Our failure to
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver.
10.3. Neither this Agreement, nor any of your rights or obligations
arising hereunder, shall be transferable by you to any third
party without our prior written consent.
10.4. This Agreement, the Rate Chart, the Acceptable Use Policy,
the End-User License Agreement and our other user policies
and agreements constitute the entire agreement between you
and us with respect to the Service.
10.5. No amendment or modification to this Internet Access
Agreement, or of the cyberMIND Acceptable Use Policy, by you
shall be valid or binding on us unless we agree to it in writing.
We reserve the right to amend, alter, or modify this Internet
Access Agreement, or the cyberMIND Acceptable Use Policy,
at any time and in any manner. Any amendment, alteration,
or modification is effective thirty (30) days after posting
on cyberMIND's Web site (www.cybermind-usa.net).