Terms and Conditions

The use of services from CyberWebService.com, hereafter referred to as "CyberWebService" constitutes agreement to these terms.

1] Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with CyberWebService, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. CyberWebService is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should send an email request from your registered email id with us to our Support Team, support@cyberwebservice.com. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account. For domain ownership, the email id which is in the registrant contact details is treated as the email id of the domain owner.

Website Transfers
CyberWebService will guide you to transfer your website files from another host to us. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. CyberWebService can transfer your website files from your old host to us for a reasonable charge; please contact our support department with specific details to receive a price quote.

Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. CyberWebService is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by CyberWebService are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2] Content
All services provided by CyberWebService may only be used for lawful purposes. The laws of the Indian Government apply.

The customer agrees to indemnify and hold harmless CyberWebService from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email to support@cyberwebservice.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel/WebSitePanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

Examples of unacceptable material on all Dedicated servers include:
IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

CyberWebService services, including all related equipment, networks and network devices are provided only for authorized customer use. CyberWebService systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of CyberWebService system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. CyberWebService may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt via email only and will have a response within 48 business hours.

Sites hosted on CyberWebService.com's service(s) are regulated only by Indian law. CyberWebService.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

CyberWebService.com is a republisher and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, CyberWebService.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under CyberWebService.com's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at support@cyberwebservice.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3] Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read http://www.CyberWebService.com/mailpolicy.html for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

CyberWebService reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

CyberWebService reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of CyberWebService.

4] Payment Information
You agree to supply appropriate payment for the services received from CyberWebService, in advance of the time period during which such services are provided. You agree that until and unless you notify CyberWebService of your desire to cancel any or all services received, those services will be billed.

As a client of CyberWebService, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify CyberWebService of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by CyberWebService. CyberWebService reserves the right to bill your credit card or billing information on file with us. CyberWebService provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to CyberWebService for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our Support Department via email to support@cyberwebservice.com after paying for any of our services. Domain renewal email notices are provided as a courtesy reminder and as per the ICANN domain policy and CyberWebService cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. No refunds can be given, once a domain is registered or renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions or online NEFT Transfers can only be added as credit towards the account and cannot be refunded as cash or via paypal or bank. CyberWebService reserves the right to change the monthly payment amount and any other charges at anytime.

5] Backups and Data Loss
Backup option is given with your hosting control panel and your use of this service is at your sole risk. CyberWebService is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CyberWebService servers.

6] Cancellations and Refunds
CyberWebService reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any domain name, web hosting, web development and seo purchases are non-refundable.

It is the client's responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.

7a] Resource Usage
User may not:
1) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
2) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
3) Run any software that interfaces with an IRC (Internet Relay Chat) network.
4) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
5) Participate in any file-sharing/peer-to-peer activities
6) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
7) Run cron entries with intervals of less than 15 minutes.
8) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
9) To help reduce usage, do not force html to handle server-side code (like php and shtml).
10) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox in Linux Hosting, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c] Backup Limit
Any shared account using more than 20 GB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8] Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9] Reseller: Client Responsibility
Resellers are responsible for supporting their clients. CyberWebService does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. CyberWebService will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

10] Dedicated Servers
CyberWebService reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. CyberWebService reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.

11] Price Change
The amount you pay for hosting may vary every year. We reserve the right to change prices listed on CyberWebService.com, and the right to alter the amount of resources given to plans at any time.

12] Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

13] Indemnification
Customer agrees that it shall defend, indemnify, save and hold CyberWebService harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CyberWebService, 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 CyberWebService against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CyberWebService; (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 customers from CyberWebService's server.

14] Disclaimer
CyberWebService shall not be responsible for any damages your business may suffer. CyberWebService makes no warranties of any kind, expressed or implied for services we provide. CyberWebService disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by CyberWebService and its employees.

15] Disclosure to law enforcement
CyberWebService may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16] Disputes
All disputes are subject to Coimbatore jurisdiction only.

17] Changes to the TOS
CyberWebService reserves the right to revise its policies at any time without notice.