What is the CyOp Acceptable Uses Policy?

CYOP.NET ACCEPTABLE USES POLICY

By using our webhosting services, you agree to comply with our policies. You are expected to use the internet with respect, courtesy, and responsibility, giving due regard to the rights of other internet users. When customers place information on the internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, a user’s postings to the internet may harm our goodwill, business reputation and operations. For these reasons, customers violate our policy when they, their affiliates or subsidiaries engage in the prohibited activity described herein. We expect you to have a basic knowledge of how the internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are examples of unacceptable uses: illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software or other copyrighted work, violation of U.S. export restrictions, harassment, fraud, drug dealing, and other illegal activities.

Interpretation

The provisions of this policy are intended as guidelines and are not meant to be exclusive. Generally, conduct that violates applicable laws, regulations, or the accepted norms of the internet community, whether or not expressly mentioned in this policy, is expressly prohibited. CyOp reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

CyOp servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, indecent, defamatory, constitutes an illegal threat, or violates export control laws.

CyOp will be the sole arbiter as to what constitutes a violation of our policies.

System and Network Security

Violations of system or network security are expressly prohibited, and may result in criminal and/or civil liability. Examples include, but are not limited to the following: (a) unauthorized access (often known as hacking), use, probe, or scan of a systems security or authentication measures, data or traffic; (b) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (c) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and (d) other destructive activities.

Misuse of System Resources

It is a violation for anyone who employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account, or resale of access to CGI scripts installed on our servers. CyOp may, from time to time, determine other actions which constitute a misuse of system resources.

Disk space utilized by our "web hosting" clients is for web content only. Web content includes text and graphics that are for display on web pages within a web browser. Disk space may not be used for "backups" or "archiving" of content that will not be displayed in a web browser. This is considered "offsite storage" and will not be allowed under any circumstances. Clients who misuse disk space and directly or indirectly attempt to circumvent our policies, may be subject to immediate termination without a refund.

Bandwidth utilized by our "web hosting" clients is for the display of web content only. Web content includes text and graphics that are for display on web pages within a web browser. Bandwidth may not be used for download sites that offer software distribution via the web. That includes software distribution via a web browser or FTP client. Clients who misuse bandwidth and directly or indirectly attempt to circumvent our policies, may be subject to immediate termination without a refund.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. Spamming is harmful because it can negatively impact consumer’s attitudes toward us, and can overload our equipment as well as disrupt service to subscribers.

It is contrary to CyOp policy for customers to use our servers to effect or participate in any of the following activities:

• To post to any usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list
• To send unsolicited mass e-mailings
• To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a CyOp provided server, or using a CyOp provided server as a maildrop for responses
• To falsify user information provided to CyOp or to other users of the service in connection with use of a CyOp service
• Attempting without authorization to enter into a secured computer system.

Consequences of Violation

When CyOp becomes aware of an alleged violation of its Acceptable Use Policy, CyOp will initiate an investigation. During its investigations, CyOp may restrict a customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, CyOp may, at its sole discretion: (a) restrict, suspend, or terminate a customer’s account, (b) remove information that violates our policies, (c) implement screening software to block transmissions, (d) pursue any other civil remedies, and/or (e) take any other action we deem appropriate. Failure to cooperate with our corrective or preventive measures is a violation of our policy. If such violation is a criminal offense, CyOp will notify the appropriate law enforcement department of such violation.

CyOp does not issue service credits for any outages incurred through service disablement resulting from policy violations.

Privacy

We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our faciliites in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our clients from harm, or where such disclosure is necessary to the proper operation of the system.

Indemnity

We wish to emphasize that by accepting our web hosting and/or internet related services, clients indemnify us for any violation of the client and/or user of this policy, or of law, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the user that violate any law, or this policy, the user will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. You further agree that CyOp and any other parties involved in creating, delivering and hosting web sites by or on behalf of CyOp have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site.

This web site (excluding linked sites) is controlled by CyOp from its offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this web site both you and CyOp agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site.

You and CyOp also agree and hereby submit to the exclusive personal jurisdiction and venue of the applicable courts of Dallas County, Texas and the United States District Court for the Northern District of Texas with respect to such matters. CyOp makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Cancellation Policy

The following is CyOp’s cancellation policy for Web hosting services, after the money-back guarantee period. If for whatever reason an account is cancelled prior to the termination of the contracted payment period (the "contract"), the account will incur the following charges. All accounts will incur a $50 cancellation fee. Additionally, If there were any fees waived at the time of sign-up, such as, and including, set-up fees, pre-paid discounts, etc., such fees will charged at the time cancellation along with the amortized amount of time actually used on the contract.

Permitted Use of CyOp Trademarks

CyOp trademarks identify CyOp products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article without our permission), provided you follow standard trademark usage practices and provide proper attribution. Other uses require prior written permission from CyOp. Please make such requests by email. We will evaluate your request as soon as possible.

In addition, you may not use CyOp trademarks, whether design or word marks, in the following ways:

• In a non-CyOp product name or publication title
• In, as, or as part of your own trademarks
• To identify products or services that are not CyOp’s
• In a manner likely to cause confusion
• In a manner that implies inaccurately that we sponsor, endorse, or are otherwise connected with your own activities, products and services; or In a manner that disparages CyOp.
• Commercial Use of CyOp Web Site Materials and Screen Shots

Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the CyOp web site is strictly prohibited without the express written permission of CyOp.

Licensed Logo Use

Use, reproduction, copying, or redistribution of CyOp logos is strictly prohibited without written permission from CyOp.

Modification

CyOp reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations of CyOp’s policy may contact us via e-mail at: service@cyop.net. Please send a detailed report of it to the foregoing e-mail address.