This Agreement is between Cyberbay.NET, doing business as Cyberbay.net, a Texas corporation duly authorized and existing under the laws of the State of Texas, with its main office at 311 W. Edgewood Dr, Friendswood, TX 77546 (hereafter "we," "us," "our," or "Cyberbay.net"), and the Customer(s) or Account Holder(s) (hereafter "you," "your," "yours" or "the Customer") for Cyberbay.net and its affiliated companies to provide certain computer network services as more particularly described below, and is considered executed on the commencement of your use of Cyberbay.net's service. This Agreement covers Cyberbay.net's guidelines for Internet Provider Services and World Wide Web Page Hosting Services as listed on its New Service Registration form.

Your continued use of our services constitutes your acceptance and agreement with the following terms and conditions:

1. Access, Network Usage and Home Page Maintenance

To use our services, you must have an appropriate and legal method of access to Cyberbay.net's network services, and to any other services you may access via Cyberbay.net's network services. You acknowledge that Cyberbay.net does not normally own or control the various cable, telecommunications or other facilities to which it may provide access, except those specifically identified as belonging to Cyberbay.net. Arrangements for use of, or access to, such facilities must be made with those who own or control them. The Customer is responsible for providing, operating and maintaining the necessary cabling, peripherals, and computer hardware and/or software used for this service at their site. Cyberbay.net access shall be offered to the Customer in accordance with the criteria set by Cyberbay.net, as listed in Exhibit A. The Customer shall be responsible for their own user/access security and network access. Cyberbay.net provides no user access security with respect to the Customer's facilities or the facilities of others. Cyberbay.net may, from time to time, assist in network security breach detection or identification, but does not undertake any duty to do so, and shall not be liable for any inability, failure or mistake in doing so. All local access installation costs and dial-up costs (e.g., telephone, xDSL and/or ISDN lines) are the responsibility of the Customer.

2. Home Page Maintenance

Cyberbay.net will assign you a password and account login name.You agree to protect your password and login name and not share it with others.  You are responsible for updating and maintaining your own Home Page and associated information on the Internet. Cyberbay.net is not liable for data integrity and graphical file images, so please keep a backup of all web pages, web page images and other associated data. 

You may upload web pages of your own, but not of any other person or entity. You may not resell your own web space provided by Cyberbay.net to some other person or entity.

Cyberbay.net allows most forms of home page hosting. However, you may not set up an "adult-based" home page, or link to adult-based web pages, without Cyberbay.net's express consent. Adult-based web pages are those which pertain generally to violence, nudity, and sex. 

Bandwidth policies apply to all home pages. Please view the Bandwidth Policies page.

3. Network Use

You may not connect to Cyberbay.net more than once (one session) at any one time unless your account provides for multiple simultaneous connections (a standard dial-up account provides for only one connection at a time). A Cyberbay.net session is defined as a connection between a Customer's host computer and modem (or access device) using the public switch telephone system, public data networks (e.g. ISDN or xDSL), or any other form of interconnection media. 

4. Anniversary Date

You agree to pay to Cyberbay.net, via charges to your credit card or by invoice, the fees charged for the services you have ordered. The setup fee (if any) is non-refundable. Service Commencement is initiated on the basis of the receipt of the validated credit card information, or payment of invoice, of the appropriate fees. The date of such initiation shall be referred to as the "Anniversary Date". If you are paying by credit card, Cyberbay.net will debit your credit card, or account, for these charges. 

Cyberbay.net reserves the right to evaluate your account usage on a quarterly basis and adjust monthly fees in accordance with usage, with the lowest fees being Cyberbay.net's published fees. 

4.1 Domain Name Policy and Fees

Network Solutions, Inc. serves as the InterNIC domain name registrar under a cooperative agreement sponsored by the National Science Foundation. We strongly suggest that you review the following information published by InterNIC: 

Fees and Procedures 

Invoicing and Payment Procedures 

Frequently Asked Questions 

Domain Name Registration Form 

 

Our policies concerning Domain Name Registration, which can be found at http://www.Cyberbay.net/policies-domain.htm, also apply to and are a supplement of this Service Agreement.

5. Warranties

NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE REGARDING Cyberbay.NET'S SERVICES AND SOFTWARE OR THE PROVISION THEREOF, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are responsible for the integrity of your data and all graphical files. Cyberbay.net assumes no responsibility for any damages suffered by Customer, including but not limited to, loss of profits or revenue or loss of data from delays, non-deliveries, mis-deliveries, or service interruptions caused by Cyberbay.net and/or its affiliated companies' own negligence or Customer's errors and/or omission. You understand and agree that Cyberbay.net would have to charge you much higher prices in order to provide such warranties.

6. No Warranty on Related Hardware or Software Products

Cyberbay.net makes no warranty with respect to any software of hardware used or provided by Cyberbay.net in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. Cyberbay.net assumes no responsibility for any actions or liabilities arising from the possession or use of this software or hardware products

7. Limitation of Liability

Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of the service or equipment, however caused, whether grounded in contract, or tort (including negligence) or theory of strict Liability. The parties agree to work in good faith to implement the purposes of this Agreement, but recognize that the network connection and services to be provided by Cyberbay.net can not be made available under these terms or similar terms without a substantial increase in cost if the parties were to assume a greater degree of liability to each other

8. Specific Disclaimer and Prohibited Uses

Cyberbay.net's Internet service and software is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, weapons systems or securities/commodities trading, or indirect monitoring of any of the preceding thereby, in which the failure of the Internet service or software could lead directly to death, personal injury, severe physical or environmental damage, or loss of revenues or profits. ACCORDINGLY, CYBERBAY.NET AND ITS LICENSORS PROHIBIT USE OF Cyberbay.NET'S INTERNET SERVICE OR SOFTWARE IN CONNECTION WITH THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH AND SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES. Use of the Internet services or software by you constitutes a full release and discharge of Cyberbay.net, its officers, directors, employees, agents and legal representatives by you of any liability in the event that you use the Internet service or software for the purposes prohibited in this paragraph and suffer or cause harm, whether physical or financial, thereby.

9. Term/Extension/Termination

This Agreement shall extend from the Anniversary date until one month from the Anniversary date, and shall continue month-by-month as per this Agreement.

10. Notices

You agree to follow up all correspondence from you that is electronically mailed (E-Mailed) or telephoned in to Cyberbay.net in writing, addressed to Cyberbay.net , 311 W Edgewood Dr, Friendswood TX 77546

11. Access to Other Networks

Use of other Networks may sometimes require approval of the respective network authorities and use will be subject to any acceptable usage policies such network establishes. 

12. Regulation and Authorization

All services to be provided to the Customer either in part or in total through Cyberbay.net are appropriate subject to relevant Federal and State regulations. If these same services are offered through other networks, Cyberbay.net accepts no responsibility for their authorization. This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state, Federal or international regulations is prohibited. This includes, but is not limited to, copyright material, threatening or obscene material, or material protected by trade secret. Customer agrees to indemnify and hold harmless Cyberbay.net from any claims resulting from Customer and third party use of this service. 

13. Proration of Fees

Please refer to our Acceptable Use Policy

14. Rates

Cyberbay.net's U.S. Standard service costs are outlined in its Registration Form. Prices are subject to change in proportion with business needs as required

15. No Assignment

The Customer shall not sell, resell, transfer, or assign this Agreement without the prior written consent of Cyberbay.net. Any act in derogation of the foregoing shall make this Agreement null and void; provided, however, that any such assignment shall not relieve you of your financial obligations under this Agreement. 

16. Severability and Entire Agreement

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or invalid, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other Agreement or Understanding, written or oral.

17. If Cyberbay.net Terminates Your Service

Cyberbay.net retains the right to terminate your account for any reason it determines in its sole and absolute discretion. Should Cyberbay.net terminate your service, you specifically waive the right to sue or have the ability to surrogate those rights for any losses. If Cyberbay.net terminates your service, Cyberbay.net will prorate and refund any unused monthly service fees in 1 month increments.