Last Updated August 31, 2008

Use of Cybertronics' Service constitutes acceptance of and agreement to Cybertronics' TOS (Terms of Service) as well as Cybertronics' AUP (Acceptable Use Policy). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Cybertronics, the usage of "you", "your", "they", "them" shall refer to client / customer of Cybertronics.

Acceptance of Contractual Agreement

Client agrees that by placing an order either by means of electronic ordering or telephone ordering or e-mail ordering, that you are agreeing to our TOS and AUP. No Modifications of said contract by customer is allowed.

Cybertronics will provide, and Customer will purchase and pay for, the Services, and service fees for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per TOS and AUP.

We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.

All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://www.cybertronics.net/tos.htm. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

Web Hosting.

1. Hosting.

Cybertronics will provide server computers with an Internet address for storage and access of Content, User Content, E-Mail and the Website. The Website, Content, and User Content must be "server-ready."

2. Website Backup.

Cybertronics will backup the Website in a commercially reasonable manner. However, Cybertronics is not responsible for lost Content, lost User Content or lost E-Mail. Website backups will be stored by Cybertronics for no longer than 7 days. Cybertronics will provide, at Customer's expense, an electronic copy of the backup Website excluding e-mail to Customer upon written request by Customer. Backups are intended for disaster recovery, not the restoration of individual files.

3. Standards.

Cybertronics' services will conform to the following:

1. Availability of Website.
   Cybertronics will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
2. Security.
   Cybertronics will take commercially reasonable steps to prevent unauthorized access to the Website, Content and User Content stored on Cybertronics' server computers.
3. Server/Network Computer Outages.
   Cybertronics will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages.
4. Disclaimers.
   Cybertronics provides no equipment, software, or communication connections to Customer. Cybertronics makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with Cybertronics' hardware and service.

4. Ownership of Content.

All Content and User Content stored by Customer on Cybertronics' server computers shall at all times remain the property of Customer. Customer grants to Cybertronics a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Cybertronics to host the Website.

Content Control.

1. Lawful Purpose.

Customer will only use Cybertronics' hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service and any modifications thereof, Cybertronics' posted Acceptable Use Policy or any other Cybertronics policy.

2. Remedy for Violation.

Should Cybertronics become aware that Customer is in violation, Cybertronics may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website, and/or notify authorities. If hosting is terminated, Cybertronics may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.

3. What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:

- Warez
- IRC
- Hacking tools / material
- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
- Anything that may harm us, the server, or anyone else (mentally, physically)

If you find any of the above materials hosted on one of our web servers, please report it to abuse@cybertronics.net.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Payments.

Establishment of this service is contingent upon receipt of payment from Customer to Cybertronics. Customer shall pay fees agreed upon during account signup. Cybertronics will invoice quarterly or annually, and payment is due fourteen (14) days from invoicing. In the case of credit card payments Cybertronics will automatically charge Customer Credit Card on file all fees associated with the account on the due date. Cybertronics may, at its option, charge a 10% fee for late payments. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Returned Checks and Declined Credit Cards may incur a fee.

Delinquent Accounts:

Cybertronics may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of all accrued service fees, or any collection fees.

Credit cards that are declined for any reason are subject to a $10.00 declination fee.

All accounts that become more than 5 days past due will be charged a $15.00 late fee.

Service will be interrupted on accounts that reach 10+ days past due.

Accounts that are not collectable by Cybertronics will be turned over to an outside agency for collections. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" fee of not less than fifty dollars ($50.00) and no more than one hundred, fifty dollars ($150.00)

Account Cancellation:

All requests for canceling any service(s) must be made in writing with at least 7 days notice but not more than 30 days prior to when services need to be stopped. A written email to sales@cybertronics.net is required to complete your request. If a termination request is submitted less than 7 days before the renewal date for the account, the client will be held liable for any charges that are automatically charged to the account for hosting while the request is in our queue. When submitting a termination request, include your domain name in your e-mail.

All termination requests must be sent from the person listed on file as the owner of the account. Any outside requests will be rejected.

Termination requests sent to any other location other than sales@cybertronics.net are invalid.

Refunds and Disputes:

All payments to Cybertronics are nonrefundable. This includes any setup fees, monthly fees, and yearly hosting fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Cybertronics' discretion which is valid, under the terms and conditions of our AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Account Updates.

It is the responsibility of the customer to maintain accurate billing information with Cybertronics. This may include updated credit card information, e-mail address and mailing address.

Taxes.

Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.

Term and Termination.

A. Term.

The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a month-to-month or year-to-year basis until terminated.

B. Termination by Customer.

During the initial term, Customer may terminate this Agreement upon the material breach of Cybertronics, if such material breach remains uncured for thirty (30) days following written notice to Cybertronics. This cure period shall be extended by delay caused by events beyond the control of Cybertronics including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of Cybertronics, or technical faults of Cybertronics' service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to Cybertronics.

C. Termination by Cybertronics.

Cybertronics may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due; breach of this Agreement; violation of the Terms of Service and any written modifications thereof; and violation of any other Cybertronics policy. Cybertronics may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.

Suspension and Cancellation:

Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer located in our datacenter for violation of the AUP without notice. Company reserves the right to terminate service without notice for any violations of the AUP.

Violations of the AUP will result in the following:

A warning notification via email, contact abuse@cybertronics.net within 72 hours notice for resolution.

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.

Failure to resolve the AUP violation within 72 hours will result in the following:

Removal of the violating content or service
Removal of DNS for the server
Temporary shutdown of the server
Block on outgoing mail
IP address routing to null

Repeat violation of the above terms will result in the following actions.

Immediate disconnection of service with no re-activation.

$100 fee assessed to Customer account for violation.

Resource Abuse Policy

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Cybertronics does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

A. AVERAGE SERVER RESOURCE LIMITS

Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

B. SUSPENSIONS

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by emailing our abuse department at abuse@cybertronics.net.

DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CYBERTRONICS, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH CYBERTRONICS' HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. CYBERTRONICS, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE CYBERTRONICS' HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO CYBERTRONICS.

Customer Indemnity.

Customer shall defend Cybertronics against any third party claim, action, suit or proceeding arising as a result of Customer's use of Cybertronics' hardware or services and indemnify Cybertronics for all losses, damages, expenses, and costs incurred by Cybertronics as a result of a final judgment entered against Cybertronics in any such claim, action, suit or proceeding.

General Provisions.

A. Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of Texas. Both parties agree to submit to personal jurisdiction in Bowie County, Texas, and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in Bowie County, Texas, United States of America.

B. Severability and Waiver.

If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

C. Relationship of Parties.

No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.