In this AUP, "you," "your," "yours," "User," and "account holder" refer to you, our customer.  "We," "ours," "our," "us," "its," and "Cyberbay.net" refer to, doing business as Cyberbay.net. 

To contact Cyberbay.net, please refer to this web page:  http://www.cyberbay.net/contact.htm

Questions about this AUP? Specific questions about this AUP should be directed to support@cyberbay.net

Use your primary Cyberbay.net email account.  You are reminded that all communications with Cyberbay.net, including important messages concerning billing, system updates and company information will occur via your primary Cyberbay.net email address. You should therefore configure your email software to access your primary Cyberbay.net email address, even if you are otherwise aliasing your email through a different domain name. If you need help with configuring your email program to access your primary email account, contact our Technical Support staff.

Cyberbay.net does not waive its rights in this AUP. Any failure by Cyberbay.net to exercise its rights and remedies as described in this AUP does not constitute a waiver by Cyberbay.net of its rights and remedies at any future time or to exercise the same at the occurrence of any future violation or ongoing investigation of a violation.

These statements represent a guide to the acceptable use of Cyberbay.net's facilities and services. Cyberbay.net recognizes as acceptable all forms of data communications across its network, except where Federally subsidized facilities of transport (such as national backbones like NSFNET) may require limitations, or where State/Federal/International Law prohibits. In those cases, use of the network should adhere to the general principle of advancing science and education through interchange of information among research and educational institutions except where specific policy statement exist. 

In cases where data communications are addressed to recipients outside of the Cyberbay.net supplied Network and are carried over the regional networks or the Internet, Cyberbay.net users are advised that acceptable use polices of those other networks apply and may, in fact, limit use. If Cyberbay.net is informed by Federal/State/International authorities of inappropriate or illegal use of Cyberbay.net's facilities and/or other networks these determinations will be binding on the Customer. 
 

1. Users must obey the law. You agree to use Cyberbay.net's services only for lawful purposes, in compliance with all applicable laws.
2. Cyberbay.net may investigate suspected violations and cancel the accounts of violators. Cyberbay.net reserves the right to conduct investigations of suspected violations of the AUP. Such investigations may involve gathering information from the account holder(s) involved (including information from their email account or any other means used by the account holder for Internet communication), information from the complaining party, as well as examination of material on Cyberbay.net servers. If Cyberbay.net believes, in its sole and absolute discretion, that a violation of these guidelines has occurred, it may take actions which may include without limitation temporary or permanent removal of material uploaded by the account holder to Cyberbay.net's servers, the cancellation of newsgroup posts, warnings to the account holder or holders responsible, and the suspension or termination of Internet-related services, including access and e-mail, to the account holder(s) responsible. Cyberbay.net, in its sole and absolute discretion, will determine what action or actions will be taken. Violations of these guidelines could also subject the account holder(s) to criminal or civil liability, and Cyberbay.net reserves the right to initiate, prosecute or file such legal actions where it deems appropriate.
3. You are responsible for how your account is used - by you or by others. The account holder of record is responsible for any and all use of the account, with or without the knowledge or consent of the account holder. You are therefore advised to guard and protect passwords and other confidential means of authentication to protect your account from use by unauthorized persons, or by persons who may violate the law or abuse Cyberbay.net's systems or services.
4. Unlimited Dial-up does NOT mean unlimited time. You may manually dial into our access numbers as many times as you wish as long as the total amount of time per day between Monday and Friday does not exceed 10 hours per day. If you exceed this time limitation, you may have your account(s) reviewed for possible termination of service. Prior to termination, Cyberbay.net will notify you by email to your main or primary Cyberbay.net email address or, alternatively, we may contact you by phone. In this notification, you will be given the option of (1) discontinuing service, (2) discontinuing sessions of 10 or more hours per day (Monday though Friday), or (3) be upgraded to either a Dedicated account or an Occupy Line account. These accounts are more expensive, but compensate us for the future unavailability of what was once a shared resource.
5. Defeating system timers to stay online is prohibited. Persons who use routers as their means of connection to the Internet are advised to not have their router automatically reconnect, as this can lead to many hours of wasted on-line usage (e.g., during your closed hours or during times you are not actually using the Internet) and a violation of our ten-hour per day time limitation policy. Using software programs (such as email or autodial programs) or hardware (such as routers) to defeat system timers and idle timeouts is strictly prohibited. Cyberbay.net may, at the company's sole discretion and without notice, deactivate the account or cancel the account if the abuse occurs a second time after the initial warning. 
6. System abuse (as defined here) will not be tolerated. System abuse is defined as any use of Cyberbay.net resources which disrupts the normal use of the system or the Internet services of others. Examples of abuse include, but are not limited to: 
   • Restricting or inhibiting any other user from accessing the Internet.
   • Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any, local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws. 
   • Storing, distributing or transmitting any unlawful material on Cyberbay.net servers of unlawful material including but not limited to direct threats of personal harm, child pornography, and copyrighted, trademarked, trade secret and other proprietary material used without proper authorization. Account holder(s) may not post, upload or otherwise distribute copyrighted material on Cyberbay.net's servers without the consent of the copyright holder. Failure to abide by these guidelines may subject the account holder to criminal as well as civil liability in addition to actions outlined in Use of Services Guidelines above.
   • Using Cyberbay.net services and servers to store or distribute programs containing viruses, trojans and tools to damage or compromise the security of other sites.
   • Providing network services from dial-up accounts including, but not limited to, mail, http, IRC servers and multi-user interactive forums.
   • Hosting of Adult-Oriented sites, designed for entertainment or commercial purposes, are not allowed on Cyberbay.net's servers. Forbidden sites include those that provide access to pornographic materials, whether for free or for payment, regardless of whether adult verification is used or not. Banners or links to adult oriented sites are not allowed on Cyberbay.net's servers. IF ANY of the above mentioned are found on your website, you agree to pay Cyberbay.net a $500.00 fine.
   • Interfering with the proper operation of Cyberbay.net's systems, including but not limited to, defeating identification/authentication procedures, obtaining access beyond that for which you are authorized, and impairing the availability, reliability, or quality of service of other customers.

1. Only one login at a time - no simultaneous usage, no sharing of passwords. Cyberbay.net dial-up accounts are for individual use only. The account holders(s) may not share passwords or accounts with other individuals. Account holder(s) of Business accounts, or of accounts that expressly permit multiple users, and pay the enhanced rates for these services, may share passwords and access with individuals associated with the account. Please note that sharing an account password and username (login ID) does not allow for concurrent connections to our servers. Users may not login using the same account for more than one online session at a time.
2. Protect your password. Each Cyberbay.net Internet account holder is responsible for the security of his or her password. It is suggested that passwords be at least 6 characters long and contain letters of mixed case and numbers and can not be found in whole or in part, in normal or reverse order, in any dictionary of words in any language. 
3. We may change your password if security appears compromised to us. Cyberbay.net staff may monitor the security of your password at any time and may opt to change your password at our discretion if we deem such actions are necessary to maintain the integrity of our network.
4. Password compromised? Contact us ASAP! You agree that if you feel that your password has been compromised in any way, you will notify Cyberbay.net immediately by contacting us.
5. Accounts suspended for apparent security violations. If any security violations are believed to have occurred in connection with your account, Cyberbay.net has the right to suspend your Internet access pending an investigation and resolution.
6. We cooperate with legal investigations. Cyberbay.net will fully cooperate with any government or legal investigation regarding any aspect of your account.
7. You agree to provide us with valid ID and address information when you sign up with us. You agree that you are the person legally responsible for the use of the account, are at least 18 years of age, to supply us with your current and truthful name, postal address and telephone number for our records, and you agree that you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have the right and obligation to fully investigate any possible fraudulent credit card use by you or anyone using your credit card to pay for our services.

1. System access and resources will be allocated to provide the best service. Cyberbay.net will allocate resources to provide all account holders with the best service possible. Cyberbay.net may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. In addition, Cyberbay.net may charge additional fees for account holders who are interested in accessing system resources beyond the time limitations previously described in this AUP.
2. System abuse is logged. Cyberbay.net may log instances of abuse of system resources and take appropriate actions as outlined in Use of Service guidelines.

1. BACK UP your web pages and other data on your own media. Use Cyberbay.net's services at your own risk. Cyberbay.net is not responsible for the files residing on your account, or for files you have uploaded to Cyberbay.net's servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup files and data stored on Cyberbay.net's servers.
2. Cyberbay.net does not back up your data for you. Although Cyberbay.net does make backups of files on our servers, such backups do not constitute the acceptance of any duty on our part to protect or back up any data uploaded to our servers by you. You should always have and maintain backups of your data, whether it be web pages, picture files, program files or other data, on your own local PC or by any other means of media backup available to you. 

1. We disconnect if idle for 15 minutes. If a dial-up line connection is idle for more than 15 minutes, we will disconnect that line without notice. You can reconnect as many times as you like.
2. We disconnect after 4 hours' continuous use. If a dial-up line connection is active for more than 4 hours, we will disconnect that line without notice. If there is a need to connect for more than 4 hours, we recommend taking a break before resuming connection. Otherwise, a dedicated line account may be required. You can reconnect as many times as you like.
3. Only one login per account at any given time. As mentioned earlier, each login account entitles the account holder to only one connection to our network at any given time unless your account is one that allows multiple connections.

1. We bill according to anniversary or "start" date. We will start billing our customers on their registration date, also known as the Anniversary date. However, under some circumstances, we may adjust the billing date. 
2. We deactivate unpaid accounts. For check-paying customers, we will mail the invoice 10 days before the due date. If the bill is 10 days past the due date, the account will be deactivated without further notice and a reactivation fee of $5.00 will be imposed to the account. In this case, monthly charges still apply to any usage after the due date and before termination. If the subscriber calls us and requests for his account to be reactivated, we can reactivate at Cyberbay.net's discretion but will require payment to be received within 15 days of the anniversary date. We will not, under any circumstances, reactivate the account if it is 15 days past due unless we receive payment in full. 
3. To reactivate a suspended account, use credit card or sign up for multiple months. For reactivated accounts, we will only accept payments through credit cards or by our 6 or 12 month contracts. 
4. Credit cards charged on anniversary date. For credit card paying customers, we will charge on the Anniversary date. 
5. Refunds for full unused months only after nondiscounted used months are deducted. Refunds or prorations are applicable only to unused full months. A deduction for the nondiscounted price of used or partially used months will be deducted from your total payment to Cyberbay.net prior to making your refund.  Partial months will not be refunded. Setup fees, if any were charged, will not be refunded. 
6. You must check your primary Cyberbay.net email account. We will communicate with our customers through email. We therefore require our users to expect all important correspondence with Cyberbay.net to be through your Cyberbay.net e-mail account.
7. Invoicing by mail is an additional $2.00 per invoice. Invoicing by email is free. 
8. There is a $25.00 charge for insufficient funds on returned checks. Collections will be made by (CCA) Collection Corporation of America. 
   

There are 2 ways to cancel your account. 

The first way is to send a letter requesting cancellation to our office at this address:

Cyberbay.net
2880 East Main St. Suite C-3
League City Texas 77573

The second way is to call us at (281)338-4730. Ask for the Billing department. 

In any communication to us (by mail, email or otherwise) please give us your username, password, and personal information you gave us when you originally signed up the account Also, please note whether you prefer that the account be terminated immediately, at end of your billing period, or at a specific date. Please check back with us in a few days to make sure your account has been canceled.