Syberdelix Records Web Hosting Policies and
Agreement
Carefully read the following terms and conditions of this
agreement. By accessing and using the web hosting and electronic commerce
services and associated software of
Syberdelix Records (“Paul Mascott DBA Syberdelix Records”), you
(“Customer”) indicate the acceptance of the following terms and conditions and
you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, DO NOT ACCESS OR USE THE SYBERDELIX RECORDS WEB HOSTING AND ONLINE
SERVICES or associated software.
This agreement constitutes the complete and exclusive
statement of the agreement between you and Syberdelix Records with respect to
the Syberdelix Records web hosting and online services and associated software
and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other
communications relating to the subject matter of this agreement.
Now, therefore, in consideration of the mutual covenants set
forth herein, Syberdelix Records and Customer agree as follows:
All orders are subject to acceptance by Syberdelix Records.
An order will be deemed accepted by Syberdelix Records when Syberdelix Records
successfully charges the credit card of the Customer.
Syberdelix Records has certain rules and regulations for the
use of its services and equipment, to make sure that all of our Customers get
the quality service as promised at the time of signup.
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Important Notice
Syberdelix Records reserves the right to cancel and suspend
a Customer’s access and usage of our services and equipment when it (Syberdelix
Records) decides that the account has been inappropriately used by the Customer,
without any prior notice.
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Content:
All services may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material, material we judge to be
threatening, obscene, demeaning to others, or material protected by trade
secret and other statute. The subscriber agrees to indemnify and hold us
harmless from any claims resulting from the use of the service which damages
the subscriber or any other party.
Note:
Pornography
and sex-related merchandising are prohibited on all servers. This includes
sites that may infer sexual content, or link to adult content elsewhere. This
is also true for sites that promote any illegal activity or content that may be
damaging to our servers or any other server on the internet. Links to such
materials are also prohibited.
In addition
any site selling or promoting Bulk email services is not allowed
Examples of
non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3’s which you are not the copyright holder or have written
permission from the copyright holder
We will be the sole arbiter as to what constitutes a
violation of this provision.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use
any CGI scripts you wish, however we reserve the right to disable any CGI
script that affects normal server operation without prior warning.
Chat Rooms:
We do not allow Customers to install their own chat
rooms.
IRC:
We currently do not allow IRC or IRC bots to be operated on
our servers.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or
destination address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. Sending spam with links to sites on other
servers which in turn contain links to a domain on our servers is prohibited.
We consider spam any mass unsolicited message in the mediums of Newsgroups and
Email. If you are found to have spammed, then we will immediately, without
warning, disable your domain. In addition, we will impose a $100 penalty for
each spam policy violation. We reserve the right to refuse or cancel service to
known spammers. Lastly, we reserve the right to determine what violates this
policy.
As such, any violation will result in immediate deactivation
of services without refund.
Hacking/Unauthorized use of other
Customers/people’s accounts:
Any hacking/unauthorized use of accounts or computers by a
Syberdelix Records Customer (whether or not the attacked account or computer
belongs to Syberdelix Records) will result in account cancellation and civil or
criminal legal action, depending upon the nature of the misuse. The misuse
includes but not limited to internet scamming i.e. tricking people into releasing
their passwords, unauthorized use of accounts, security hole scanning etc. Any
attempts to undermine or cause harm to a server is strictly prohibited.
Syberdelix
Records Payment Policies:
All payment is due in U.S. currency
only. Syberdelix Records shall charge Customer’s credit card for the applicable
set-up fees and monthly fees according to the Package(s) selected by Customer
and provided by Syberdelix Records. Syberdelix Records reserves the right to
change the amount of, or basis for determining, any fees or charges and
institute new fees and charges upon prior notice to Customer. Customer must
provide Syberdelix Records with a valid credit card number (through the use of
Pay Pal) to which Syberdelix Records will automatically charge all Syberdelix
Records fees as they become due. All monthly fees and set-up fees shall be due
in advance of the month incurred and all additional charges shall be due at the
time in which such charges are incurred. Syberdelix Records does not issue pro
rata refunds for fees paid in advance. If payment by Customer’s credit card or
check is denied, or Customer’s charge is returned to Syberdelix Records for any
reason, including charge back or Customer otherwise fails to make any payments
owing to Syberdelix Records, Syberdelix Records may, at Syberdelix Records’
discretion, suspend or terminate access to the Syberdelix Records Services
and/or terminate this Agreement. Customers that pay by check must keep a valid
credit card on file at all times with Syberdelix Records. Syberdelix Records
reserves the right to charge a Customer’s credit card for any fees that may be
due to Syberdelix Records for both check and credit card customers including
cancelled or bad check fees. Customer’s right to use the Syberdelix Records
Services are subject to any limits established by Syberdelix Records or by the
issuer of Customer’s credit card. Customer shall be responsible for any and all
taxes related to this Agreement.
Syberdelix
Records Cancellation Policy:
Syberdelix Records reserves the right to cancel service of a
client at any time without prior notice at its discretion. If cancellation is
caused by Customers violation of Syberdelix Records user policies, then no
refund is due. Any violation of policies which results in extra costs will be
billed to the Customer (i.e. transfer, space etc.). Customers have the right to
cancel service any time. Due to security concerns, all account cancellations
must be done through canceling their Syberdelix Records subscription through
Pay Pal. The account will be considered cancelled as of the date Syberdelix
Records receives the request.
Refusal of
Service:
We reserve the right to refuse or cancel service at our sole
discretion.
Exclusion of
Warranties:
Syberdelix Records PROVIDES THE Syberdelix Records SERVICE
ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or
implied, including, but without limitation, any implied warranty of
merchantability, or fitness for a particular purpose.
While Syberdelix Records makes reasonable efforts to
maintain the Syberdelix Records service, many factors are not within Syberdelix
Records’ control. Therefore, Syberdelix Records does not warrant, and is not
responsible for (even if caused by the negligence of Syberdelix Records) any
loss of data, delays, non-delivery or misdelivery of information, lack of
access, slows response time, or service interruptions or errors. Loss, delay or
non-delivery of data can be due to but not limited to Syberdelix Records’ own
negligence, viruses or other third parties. Customer’s data is defined as any
data held by Syberdelix Records and includes account information, web hosting
data, email and domain name services. This disclaimer and waiver shall apply
equally to any and all third party providers. Syberdelix Records provides no
warranty to Customer regarding the accuracy of usage statistics, which
Syberdelix Records may provide in its discretion. Further, no advice or
information given by an Syberdelix Records representative shall create a
warranty or serve as an amendment to this agreement.
Syberdelix Records has the right to change prices, or add or delete product
features of any existing product or service. The right to change products or
services extends to any software supporting a product or service. Syberdelix
Records reserves the right to change prices or material features at any time
upon 30 days prior notice. Syberdelix Records reserves the right to institute
new fees or new material features at any time upon 30 days prior notice.
Syberdelix Records has the right to discontinue products or services and the
right to remove or reassign IP addresses of a Customer’s web site. Syberdelix
Records also has the right to deactivate a Customer’s service with a thirty
(30) day notice. Except for certain products and services specifically
identified as being offered by Syberdelix Records, Syberdelix Records does not
control any materials, information, products, or services on the Internet. The
Internet contains unedited materials, some of which are sexually explicit or
may be offensive to you. Syberdelix Records has no control over and accepts no
responsibility for such materials. You assume full responsibility and risk for
use of the services and the Internet and 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 the Internet.
Limitation of
Liability and Damages:
THE TOTAL AGGREGATE LIABILITY OF Syberdelix Records TO
CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO Syberdelix Records BY CUSTOMER
HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH
Syberdelix Records IS LIABLE TO CUSTOMER. IN NO EVENT SHALL Syberdelix Records
BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND
WHETHER OR NOT Syberdelix Records HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Indemnification:
Customer shall indemnify and hold Syberdelix Records harmless against all third
party claims, demands, suits, actions, judgments, losses, costs, damages
(direct, indirect and consequential), attorney’s fees and expenses that Company
may sustain or incur by reason of any breach or alleged breach of any term or
condition of this Agreement (including reasonable attorney’s fees) and for any
act or omission of Customer or its clients which are in any way related to the
Syberdelix Records Service.
Force Majeure:
Either party shall be excused from any delay or failure in
performance hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental requirements. The
obligations and rights of the party so excused shall be extended on a
day-to-day basis for the period of time equal to that of the underlying cause of
the delay.
Miscellaneous:
Customer may not assign its rights or delegate any of its duties under this
Agreement without our prior written consent of Syberdelix Records, and any
attempted assignment or delegation without such consent shall be void. If one
or more provisions of this Agreement shall be held to be invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining
provisions shall not be affected or impaired thereby. Nothing in this Agreement
or in the understanding of the parties construes upon the parties the status of
partners or joint ventures. Syberdelix Records may subcontract any work,
obligations or other performance required of Syberdelix Records under this
Agreement without consent of Customer. Other than the termination of this
agreement, all notices provided hereunder sent by email, mail or certified mail
to Syberdelix Records, will be effective upon transmission. Syberdelix Records
has the right to amend the Agreement from time to time, and will do so by posting
the new Agreement on the Syberdelix Records web site under the Terms and
Conditions at the Policies and Agreements page. The Agreement shall be governed
by the laws of Massachusetts, without
giving effect to applicable conflict of laws provisions. The federal and state
courts located in Boston, Massachusetts alone have
jurisdiction over all disputes arising out of or related to this Agreement and
the Services. You consent to the personal jurisdiction of such courts sitting
in Massachusetts with respect
to such matters or otherwise between you and Syberdelix Records, and waive your
rights to removal or consent to removal. In the event any litigation or other
proceeding is brought by either Party in connection with this Agreement, the
prevailing Party in such litigation or other proceeding shall be entitled to
recover from the other Party all costs, attorneys’ fees and other expenses
incurred by such prevailing Party in such litigation.
Any questions for clarification should be emailed to us.
Issued by:
Syberdelix
Records
11
Webquish Ln
Mashpee, MA 02649
info@syberdelix.com
(508)
477-1054
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