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All customers of Cyntrax services agree to abide by these policies. Cyntrax reserves the right to change and update these policies as deemed necessary. These policies represent a legal and enforceable contract between the user and Cyntrax, Inc.
The Customer is subject to the following terms and conditions:
1. Liability, Warranties, and Disclaimers
Cyntrax makes no warranties of any kind, expressed or implied, for the service it is providing. Cyntrax also disclaims any warranty of merchantability or fitness for a particular purpose. In no event shall Cyntrax aggregate liability exceed the amount paid for one month's service by customer to Cyntrax. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of the Customer or of Cyntrax, errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer. Cyntrax specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2. Content and Acceptable Use
Cyntrax exercises no control over, and cannot be held liable for, the content of the information passed through its network. Cyntrax's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Customer's business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless Cyntrax from any claims (including Cyntrax's attorney fees) resulting from the Customer's use of service which damages the Customer, or any other party or parties. The customer agrees, when accessing another network through Cyntrax's network, to abide by the rules of that network as well.
3. Payment and Contingencies
Payment is due by the date indicated on the invoice. Cyntrax may temporarily deny service or terminate service upon failure of the customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of accrued charges, plus interest charge of 1.5% per month and any collection fees.
4. Other Agreements and Assignment Rights
These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Cyntrax also reserves the right to use subcontractors of its choice or to assign the active account to another entity.
5. Account Cancellations
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and may be submitted via our online cancellation form (only applies after the money back guarantee period has expired). Accounts are set to expire at the end of your current cycle, charges are not pro-rated. Without notice, Cyntrax will consider Customer to auto-renew existing contract extension if not notified of service cancellation.
6. Cyntrax Right to Change Service
Cyntrax reserves to right to change and without notice, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
7. Mutual Waivers and Limitations of Liability
Mutual Waivers and Limitations of Liability. By entering into this Agreement, we both waive important rights. You agree our maximum liability is limited to a refund or rebate of charges you have paid or owe to us. We agree your maximum liability is limited to charges you owe us, any actual damages caused to our business or property, and any damages collected from us by a third part arising out of your use of our products or services. Neither of us can recover punitive, treble, consequential, indirect or special damages or attorney's fees. Instead of suing in court, you and we agree to arbitrate disputes arising out of or related to the Agreements between us--independent arbitration involving a neutral arbitrator administered by the American Arbitration Association under arbitration rules applicable to our industry.
8. Liability for Acts Beyond Cyntrax's Control
Cyntrax shall not be responsible or liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, acts of United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Cyntrax, insurrection, riot, national emergencies, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOAs or intermediary private networks over whose facilities Customers Web traffic is carried to and from the network provided by Cyntrax.
9. Data Storage
Cyntrax is not responsible for any Customer's personal files residing on Cyntrax. The Customer is responsible for independent backup of the Customer's data that is stored on Cyntrax. Cyntrax reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Cyntrax and the Customer. Cyntrax web hosting is not a online file storage space. If this is what you require, you must contact Cyntrax first. All files must be viewable by a web document.
10. Acceptable Use Policy
Users are responsible for regularly reviewing the Cyntrax Acceptable Use Policy (AUP). The Acceptable Use Policy is subject to change, without prior notice, upon posting to the aforementioned web address.
11. Confidentiality of Personal Subscriber Information
Cyntrax will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Cyntrax's judgment as to the validity of any court order of subpoena shall be considered proper and final.
12. Refunds/Guarantee
Money back guarantee terms differ for each service type; Shared Hosting - 45 days; VPS - 15 days; Resellers - 30 days; Dedicated - None. Cyntrax reserves the right to deduct bandwidth fees at a rate of $2/GB from any amount due. After the guarantee period has lapsed, refunds will not be issued for any unused period of service. If any refund is due, it shall be issued back only the same way payment was originally received. Customers who repeatedly sign up and cancel under this guarantee, presumably in order to avoid their hosting fees indefinitely, will be considered ineligible for the guarantee. The guarantee is null and void on accounts cancelled due to AUP violations such as illegal content or spamming.
13. Disputes
Any overcharges or billing disputes must be reported to reported to Cyntrax before escalating it to your credit card issuer. If a charge is disputed to your credit card issuer before reporting to Cyntrax and/or the charge is valid, customer agrees to pay Cyntrax an administrative fee of $50 for each disputed item.
14. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Georgia and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Cyntrax service through customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Cyntrax. The customer shall defend, indemnify and hold harmless Cyntrax from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Cyntrax or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Cyntrax or Cyntrax's Acceptable Use Policies. At Cyntrax's discretion, Cyntrax may revoke any Customer's access to Cyntrax or accounts for inappropriate usage.
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