Terms Of Service
This agreement represents the complete agreement and understanding between Umbra Hosting and its affiliates (hereinafter called the Provider) and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Customer agrees to the following terms and conditions regarding the term and termination of this Agreement and regarding billing cycles for each of the hosting Packages (in addition to such other provisions as the Package may include). The Provider reserves the right to modify this agreement at any time, effective upon posting of the modified Policy at http://www.umbrahosting.com/tos
If you do not agree to these terms and conditions, please notify our Billing Department so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.
- The Provider makes no guarantees of service of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Provider will not be responsible for damages the Customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber’s errors or omissions, or due to the fault of third parties. The Provider agrees to maintain and provide the highest level of service possible, and to maintain a good-faith relationship with the Customer.
- Services provided to the Customer by the Provider may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. The Provider reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and or notice of copyright infringement. The Provider agrees that in except for extreme cases, customers will be contacted prior to disconnection of service.
- Customer agrees to defend, hold harmless and expeditiously indemnify the Provider from any liability, claim, loss, damage or expense arising out of the indemnifying party’s breach or violation of any covenant contained in this Policy and resulting from the Customer’s use of the service.
- Customer will pay CyberLynk in advance for provision of the Service pursuant to the requirements of Customer’s Package. Customer is responsible for monitoring storage and bandwidth utilization.
- The Provider accounts cannot be transferred or used by anyone other than the subscriber and authorized account sub-users. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy, unless the Provider.s plan allows such service. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.
- The Provider reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.
- If Customer re-registers after the Provider’s cancellation of the account without the Provider’s written consent, the Provider will cancel Customer’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
- If Customer cancels more than (30) days into a payment period, all unused fees may be returned to the subscriber on a pro-rata basis. For hosting accounts that include a free domain name(s), a $15 charge will be assessed to cover the cost of the domain name registration. Customer will retain the ability to access the domain name and have the option to point it to another hosting provider, providing this fee is paid.
- All website & email hosting packages include unlimited email accounts, limited storage space, FTP accounts and support. Hosting packages with a description including only the phrase ‘Email Hosting’ also include website hosting. CyberLynk does not offer ‘Email’ only hosting packages. If the Customers hosting account was ordered through a hosting company that CyberLynk acquired the description of that hosting account was not changed. As part of the acquisition and migration to CyberLynk owned and maintained hosting servers the Customer’s account was upgraded to the closest matching CyberLynk website & email hosting package that matched the storage space requirements at the time of the acquisition. The hosting package pricing was grandfathered as of the acquisition date.
- Customer agrees not to utilize the Provider service, network, equipment or email addresses in connection with the transmission of the same or substantially similar unsolicited message. Customers responsible for violating this clause of the Provider’s Terms and Conditions will be fined $200 per message, due immediately. Payment by Customer under this provision shall not prevent the Provider from seeking other legal remedies against Customer.
- Again, if any Customer is involved with “spam” sent from our network, and/or spam sent from other networks attempting to advertise the Customer’s site or service hosted on the Provider’s network, the Customer agrees to be fined $200 per message, due immediately.
- Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”) and services which send unsolicited advertisements.
- The Provider requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. The Provider cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
- Customer shall ensure that its use of the Provider’s network services shall not disrupt the Provider, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, the Provider reserves the right to place CPU process limits on the Customer’s account, or a bandwidth throttle, to prevent disruption of service to other customers. Provider will make all attempts to contact Customer prior to applying any traffic-slowing restriction to the Customer.s account. Customer shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any Provider user or to any directly or indirectly attached network. Use of the Provider’s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by the Provider shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of the Provider’s service, the Provider’s equipment or any site hosted on any Provider’s network.
- Customer warrants that any material submitted for publication on the Provider does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. The Provider reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
- If the Provider becomes aware of material that could be infringing on a third party’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, the Provider, at its discretion, may, at any time deny access to the challenged material of Customer.
- Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
- Use of the Provider’s hosting services could involve listing subscriber’s participation in relevant directories, and subscriber expressly grants permission for such listings.
- Any party seeking to report violations of the Provider’s policy may contact via e-mail: [email protected]
- Website & Email hosting package pricing includes the package features (unlimited email accounts, specified storage space, bandwidth, etc) as defined on CyberLynk’s website. 94% of the hosting costs are related to website hosting which includes the cPanel/WHM software, support, access to open source software, file manager, backups, PHP, MYSQL and other related technologies/software. 6% of the hosting costs are related to email hosting software, storage and support.
- Transferring your domain to another provider does not constitute canceling your account with the Provider. You must notify the Provider to formally cancel your account to avoid further charges.
- On occasion, the Provider may have a need to communicate with Customer through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the Customer to check e-mail sent to the e-mail address listed with the Provider.
- It is the responsibility of the Customer to contact the Provider of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.
- Accounts are payable in full at the time the account is created. Any account reaching fifteen (15) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after thirty (30) days in a past due state.