1. Limitation of Warranty
Cylinx Solutions makes no warranties of any kind, whether expressed or implied, for the service it is providing. Cylinx Solutions also disclaims any warranty of merchantability or fitness for a particular purpose. Cylinx Solutions will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, system failures or service interruptions caused by any source whatsoever, including Cylinx Solutions' own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customers understand and agree that Cylinx Solutions undertakes no obligation to maintain, protect or safeguard Customer's data stored on any Cylinx Solutions equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to Cylinx Solutions' equipment at Customer's own risk and Customer expressly assumes such risk.
2. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided by Cylinx Solutions will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any U.S., State or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on Cylinx Solutions' web servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.
3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that Cylinx Solutions shall have the absolute right to remove any and all materials, which, in the sole and unrestricted discretion of Cylinx Solutions, violate law or fail to conform to this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.
4. Indemnity
Customers and System Users agree to defend, hold harmless and expeditiously indemnify Cylinx Solutions from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any Cylinx Solutions system, network or service.
5. Use of Network Access
Cylinx Solutions DSL, Dial-up Access, and Web Hosting accounts cannot be transferred or used by anyone other than the Cylinx Solutions Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Cylinx Solutions. Use of Network bandwidth is expected to be reasonable and moderate. Cylinx Solutions reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will receive advanced notice of Cylinx Solutions' intent to impose any such charges.
6. Account Cancellation
Cylinx Solutions reserves the right to cancel service for any reason without prior notice. In the event of cancellation, unused fees for the current month will not be refunded or pro-rated. Customers must notify Cylinx Solutions prior to the end of their current billing period to avoid further charges. Notification will be accepted via email, fax, telephone call, or letter. Confirmation of cancellation must be received by customer for cancellation to be effective. Cylinx Solutions is not responsible for unconfirmed cancellations and will not refund charges for unconfirmed cancellations. Customers who cancel a pre-paid account plan (3 months, 6 months, 1 year plans) after the first 30 days of service will not receive a refund of any unused fees.
7. Agreements with Minors
Cylinx Solutions requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of Cylinx Solutions' services and for Customer's compliance with this Agreement.
8. Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of Cylinx Solutions' network services shall not disrupt Cylinx Solutions, its associated networks or equipment forming part of Cylinx Solutions' or the associated networks' systems. Customers and System Users 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(SPAMMING). Customer understands that Cylinx Solutions tracks, controls, and reports violations of network abuse, including but not limited to SPAMMING, computer worms, and viruses, to the proper authorities. Use of Cylinx Solutions' Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Cylinx Solutions shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use Cylinx Solutions' services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising, - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of Cylinx Solutions' access service, equipment or network connection.
9. Automated Software and Connections
The installation, compiling, use, or implementation of any of the following is prohibited without express permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any Cylinx Solutions server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. All Cylinx Solutions access accounts are for the use of human beings and require that a human being be present to initiate and monitor connections. Cylinx Solutions has a 15-minute inactivity timeout, except for DSL accounts, which are always active. The use of any program to defeat this timeout is strictly prohibited. Any violation may result in immediate termination of service.
