Terms and Conditions of Service

CyberCell Hosting Inc. Terms & Conditions for Web Site Hosting
REVISED EDITION 03/8/2002

1.) CyberCell Hosting Inc. shall configure User’s web site and provide the services according to the specifications and terms set forth on the Customer Contract and Customer shall make all payments for web hosting and other such services as provided by CyberCell Hosting Inc. in accordance with the terms of the Customer Contract.

2.) CyberCell Hosting Inc., in its sole business judgment may terminate this agreement immediately or suspend User’s access to CyberCell Hosting Inc.’s services upon any breach of this agreement or any terms of its Customer Contract, including, but not limited to, refusal or failure to pay for services on a timely basis, rejection of any credit card charges or checks, or a determination by CyberCell Hosting Inc., in its sole judgment, that User may be performing activities harmful to CyberCell Hosting Inc. or its other Users, employees, vendors, business relationships or any other Users of the Internet.

3.) CyberCell Hosting Inc. will provide User with customer support on the terms set forth in the Customer Contract. User may at any time contact CyberCell Hosting Inc. for additional customer support or other services to be provided at CyberCell Hosting Inc.’s standard rate.

4.) CyberCell Hosting Inc. reserves the right to change the service without notice, including, but not limited to, access procedures, commands, documentation, directory or file structures, vendors and services offered, so long as CyberCell Hosting Inc. continues to provide equivalent or greater functionality of services specified in the User’s Customer Contract.

5.) User is responsible for all use of User’s account's) and confidentiality of User’s password information. CyberCell Hosting will suspend access or change access to User's account within a reasonable time upon written notification that a User’s password's information has been lost stolen or otherwise compromised.

6.) CyberCell Hosting Inc. retains control and any ownership of any and all IP numbers and addresses that may be assigned to User and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

7.) User agrees to use service in a manner consistent with any and all applicable laws and to use service in a manner consistent with that for which it was intended.

8.) Use of distribution lists via electronic mail (SPAM) or other mass electronic mailings is forbidden from the CyberCell system

9.) USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON CyberCell Hosting Inc.’s SERVERS WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. IT IS THE SOLE RESPONSIBILITY OF THE USER AND CyberCell AND ALL IT SUBSIDIARIES ARE HELD LIABLE LESS IN ANY ACTION OR LAWSUIT ARISING FROM SUCH VIOLATIONS. HOWEVER CyberCell Hosting AND ALL ITS SUBSIDIARIES WILL ABIDE BY ANY COURT DECISIONS WITH REGARD TO ANY DISPUTES ON ANY SUCH MATERIAL

10.) CyberCell Hosting Inc. reserves the right, in its sole discretion, to remove from public view any information incorporated by CyberCell Hosting Inc. on or through its servers. CyberCell Hosting Inc. and its authorized representatives shall have the full right, but shall not be obligated, to remove publicly viewable information.

11.) CyberCell Hosting Inc. reserves the right, in its sole discretion, to remove User’s files and return such files and information in a reasonable time to User after one or both parties terminates this agreement.

12.) DISCLAIMER OF WARRANTY: THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13.) While CyberCell Hosting Inc. shall make reasonable efforts to protect and backup data for User on a regular basis, CyberCell Hosting Inc. is not responsible for User’s files residing on our servers. User is solely responsible for independent backup of data stored on CyberCell Hosting Inc.’s servers.

14.) Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. CyberCell Hosting Inc. is not liable for site names, protection or privacy of electronic mail or other information transferred through the Internet or any other network provider User may utilize.
In addition user will be responsible for the following: to include but not limited to any actions with regard to such material and any and all damages, court fees or any other expenses incurred by CyberCell Hosting and Development 

15.) LIMITATION OF LIABILITY: NOTWITHSTANDING, ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, NEITHER CyberCell Hosting Inc. NOR ANY RESELLER WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (i) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID BY USER FOR THE SERVICES UNDER ITS CUSTOMER CONTRACT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (ii) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSS OF FILES OR DATA, PROFIT, GOODWILL, TIME, SAVINGS OR REVENUE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

16.) This agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to the conflicts of law provisions thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorney fees.

17.) Non-enforcement of any section of this Agreement by either party does not constitute a waiver or consent and both parties reserve the right to enforce this Agreement at their discretion.

18.) If any one or more paragraphs in this Agreement become unenforceable or invalid, User’s and CyberCell Hosting Inc. agreement on all other paragraphs shall remain valid.

19.) All notices to CyberCell Hosting Inc. shall be sent to: CyberCell Hosting Inc 645 Pittsburgh Street, PMB 360, Greensburg Pa. 15601-0902 or 724-838-1557 or webmaster@CyberCellcorp.com

20.) All notices to User shall be provided at the address set forth by User in the Customer Contract. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

PAYMENT

Customers paying for hosting  by check shall be billed on or about the 25th day of the last month of the quarter. Payment is due by the 5th day of the new quarter. Those that are late after the 5th to the 20th day of the first month of the quarter must add an additional 10 dollar late fee. Customers not paid by the 20th will have their sites turned off till paid and deleted after the first day of the second month of the quarter. all customers paying by check are paying the quarter in advance. Customer also understands that all hosting either paid monthly or yearly constitutes a 1 year aggreement with Cybercell Corporation.

Customers paying with credit card shall be charged on the 1st of every quarter and are paying for the quarter in advance.

If payment is not received in a timely manner, CyberCell Hosting will make an attempt at contacting customer and will give customer an additional days to make payment. If after all attempts payment has not been received, CyberCell Hosting Inc. reserves the right to "shut off"  customer's web site. All payments are non-refundable unless otherwise authorized by the management of CyberCell Hosting. Customers Closing accounts before the end of the contract will be liable for the remainder or balance of contract or outstanding invoices. .

For any questions regarding our terms and conditions please feel free to contact us at 724-838-1557
Terms and Conditions provided by PGH Law Firm, Pittsburgh  PA Richard Johnson ESQ.