YOUR USE OF CyVon Inc. SERVICES IS SUBJECT TO THESE TERMS AND CONDITIONS.
By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.
The following is not permitted :
Please view our Acceptable Use Policy for more information.
For legal reasons we disclaim any warranties, expressed or implied with respect to any service including (but not limited to) implied warranties of merchantability and fitness for a particular purpose or which otherwise arise from trade usage or course of dealing.
CyVon Inc. does not warrant or represent the accuracy or quality of information obtained through any Service. CyVon Inc. is not responsible for any loss of data from delays, non-deliveries, misdeliveries, or service interruptions due to any cause.
As a condition precedent to obtaining any Customer rights under the terms of this Agreement, Customer specifically agrees that no claims shall be made by Customer against CyVon Inc. arising from the content of messages published by any other CyVon Inc. customer or other third party. Any claims between CyVon Inc. customers, including but not limited to requests for depublication or retraction, shall be resolved between the customers themselves without Simple Host.s involvement.
This Service may only be used for lawful purposes. You are prohibited from transmitting via the Service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal regulation(s) or applicable international covenant or treaty. You agree to comply with all federal, state, local and foreign laws and regulations, as applicable.
Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party.s intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files. The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited.
You agree to indemnify and hold harmless CyVon Inc. from any claims resulting from Customer.s use of this Service that results in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all CyVon Inc..s costs and legal fees incurred in connection therewith.
In the event that CyVon Inc. determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but CyVon Inc. shall take such further steps as required by law or court order.
CyVon Inc. reserves the right to delete or limit access to any material at CyVon Inc..s sole discretion, should such material come to CyVon Inc..s attention. In such cases, CyVon Inc. shall attempt to notify customer within 48 hours of such action.
Notwithstanding the foregoing, Customer acknowledges and agrees that CyVon Inc..s customer and practice is to not monitor, review, limit, censor or control content transmitted on the Service. Customer further acknowledges and agrees that it is practicably and technically not feasible for CyVon Inc. to attempt to do so to any degree. Nothing in this agreement shall be deemed to imply that CyVon Inc. can or will monitor, review, limit censor or otherwise control content transmitted or stored on the Service. Customer shall be solely liable for the Content transmitted or stored.
Customer warrants and represents that all information published by Customer via the Service is either owned by Customer or that Customer has obtained the requisite licenses granting Customer permission to electronically publish the material.
Notwithstanding these warranties, CyVon Inc. disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from Customer.s use of the Service.
Limitation on Liability
In no event shall CyVon Inc. be liable for any damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss) arising out of your use or your inability to use the Service, even if CyVon Inc. has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event shall CyVon Inc..s liability arising out of, or relating to this Agreement, exceed the amount paid to CyVon Inc.
The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Full payment is required in advance, before hosting service is established. You grant CyVon Inc. the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by Simple Host according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Simple Host may require) is accurate and truthful.
All credit card payments are automatically processed 5 days prior to due date. If declined, an e-mail is sent to your billing e-mail address, and the charge is re-tried each day until the due date. If a check payment is returned to us unpaid, your account will be deemed to be in default and you will be charged a returned check charge of $25 in addition to interest and penalties as further provided herein. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request 30 days in advance requesting termination of your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.50 percent per month on the outstanding balance. If your state law does not allow an interest rate of 1.50 percent per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Simple Host's reasonable expenses, including attorney fees and collection costs, incurred in enforcing its rights under this Agreement.
Modifications to Service
CyVon Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that CyVon Inc. shall not be liable to you or any third party for any modification, suspension or discontinuance of the service.
Termination of Service
This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by CyVon Inc. in the event of nonpayment by Customer, (iii) by CyVon Inc., at any time, without notice, if, in CyVon Inc..s judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in CyVon Inc. .s judgment, could disrupt, CyVon Inc.'s business operations.
Failure to Act
Failure of CyVon Inc. to insist upon compliance with the Terms Of Service shall not constitute a waiver of any violation, and CyVon Inc. expressly reserves the right to demand strict compliance with its Terms of Service at any time thereafter.
If any portion of these Terms Of Service shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms Of Service are invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Governing Law and Venue
These Terms Of Service shall be construed in accordance with the laws of the State of Illinois. In the event of litigation between you and CyVon Inc., venue for such proceedings shall be in the Circuit Court of the 19th Judicial Circuit, Lake County, Illinois.
If you wish to cancel, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. CyVon Inc. will refund to you the prepaid fees for any service the full months remaining after effectiveness of cancellation, less any prior fees and charges, including an early cancellation fee of $30. All refunds are paid via check within 60 days of service termination. Reseller accounts and Maintenance agreements are non-refundable. All cancellations must be received in notarized writing as per the deadlines indicated; regular mail and fax notifications are acceptable. E-mail and Phone requests will not constitute acceptance of any cancellation.
YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.