WEB HOSTING

TERMS OF SERVICE

Cynergy Digital Design’s Terms of Service (TOS) contains information about what type of activities is and is not allowed on the Cynergy Digital Design (referred hereinafter as ‘Cynergy Digital Design, ‘our’, ‘we’ and ‘us’). This policy applies to all customers (also known as ‘subscribers’) using the products and services provided by Cynergy Digital Design. This policy is intended to protect the security, integrity, reliability, and privacy of both the Cynergy Digital Design network and the products and services Cynergy Digital Design offers to its customers. Cynergy Digital Design reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://cynergydigital.com/hosting/tos.html

Your use of Cynergy Digital Design’s products and services is conditional upon acceptance of the TOS  in effect at the time of your use. You are exclusively responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

Network and System Security and Responsibilities

It is customer’s responsibilities to protect their password and for any authorized or unauthorized use made of their password. Customers are prohibited to use or permit anyone to use Cynergy Digital Design’s services to guess passwords or to access other systems or networks without Cynergy Digital Design’s authorization.

Unacceptable use includes, but is not limited to, any of the following:

1. Attacking services and servers provided by Cynergy Digital Design or its customers (known as Hacking). Activities includes, but it not limited to, tricking other people into releasing their password (known as ‘Internet Scanning’, password robbery, security hole scanning, port scanning etc.


2. Unauthorized accessing or using of data, systems or networks including explore, scan or test the vulnerability of a system or network or to breach security or authentication measures without authorization of the system’s or network’s owner.


3. Unauthorized monitoring of data or traffic on any network or system without permission from the system or network owner.


4. Interfering with service to any user, host or network including, without limitation, mail bombing, flooding, intentional attempts to overload a system and broadcast attacks.


5. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.


6. Posting, transmitting, or allowing Internet access to information the customer desires to keep confidential.


7. Distributing information related to the creation of and sending Internet viruses, worms, Trojan horses, pinging or denial of service attacks.


8. Sending Unsolicited Bulk Email/Unsolicited Commercial Email (UBE/UCE) over the Internet (also known as "Spamming"). Cynergy Digital Design defined UBE/UCE as any electronic communication included but not limited to e-mail, ICQ, IRC, Instant Messenger, etc. sent to a recipient who has not agreed to receive such communication for the purpose of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds. Such activities not only overload Cynergy Digital Design’s network/servers but also caused disruptive service to Cynergy Digital Design’s customers. We do not tolerate any kind of mass emails even ones using scripts to their own members. A bulk email in 100's is considered very harmful to the server & to Cynergy Digital Design's clients. If any client is found doing this - we check our logs regularly so we know, your account will be terminated right away and you will not be eligible for any refund.


9. We are very strict about other forms of Spamming as well! You MAY NOT SPAM using services such as AIM / AOL / IRC / etc. This includes spamming regularly with known bots, etc. This put loads on our server and if we find out you are spamming using such services, your account may be terminated right away without notice and you will not be eligible for 30 day Money back guarantee. We do give three warnings before we proceed to termination.


10. Sending or advertising any Fraudulent, malicious, false or misleading electronic communications including, but not limiting, chain letters, pyramid schemes etc.


11. Advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group is also strongly prohibited.


12. Transmitting or posting any Defamatory, Harassing, Abusive or Threatening Language through Cynergy Digital Design’s system or network.  Server accounts are limited in use of the amount of server resources. Server resource abuse includes any process or service usage that affects normal server operation, and which causes the server to become overloaded. If server overload does take place, suspension or termination of account will be taken without prior notice or warning.


13. Copying, posting, transmission, re-transmission or storing material through Cynergy Digital Design’s products or services, its right is protected by the Intellectual Property law is strongly prohibited included, but not limited to, Copyright, Trade Secret, Patent, Trade Mark, or any other intellectual property laws or regulations.


14. Distributing or delivering Illegal Activities included, but not limited to illegal drugs, illegal gambling, obscene materials or any products or services that are prohibited under applicable legislation.


15. Using or sharing IP addresses, which were not assigned to them by Cynergy Digital Design. Any server found using unofficially assigned IPs will be suspended from network access until IP overlap be corrected.


16. Hosting copyrighted materials to which you do not have rights to. This includes links to access such materials on other servers.


17. Other Unlawful Activities included, but not limited to advertising, transmitting or making available pyramid schemes, fraudulently charging credit cards, and pirating software.

Modification to the agreement

Cynergy Digital Design reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Violations of any of the above activities are strongly prohibited and may result in criminal and civil liability. Cynergy Digital Design reserves the right to investigate any incidents involving such violations and will fully cooperate with law enforcement authority if any illegal activity is suspected. Violation may also result in the immediate termination or suspension of the services you receive from Cynergy Digital Design. You shall solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of our services. “Content” includes, but is not limited to, any of the followings: your e-mail, web pages, personal home pages, and domain names. It is Cynergy Digital Design’s policy to terminate repeat infringers and we reserve the right to refuse service to anyone at any time and if you violate our TOS we will not refund your money! Violators of the TOS are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Cynergy Digital Design. Labor is categorized as emergency security breach recovery and is currently charged at USD $250 per hour. We reserve the right to terminate ANY account on the server without notice that we think is tampering or in conflict with our server(s). Any site found to be putting load or either not following our TOS can be terminated without prior notice as well and this includes all sites' not just the ones you own but the ones hosted under you (resellers) as well as they count as YOUR accounts. And as a result we hold no liability for people hosted by our resellers either.

Disclaimer

Cynergy Digital Design disclaims any obligation to monitor its customers and other users with respect to violations of this TOS. Cynergy Digital Design has no liability or responsibility for the actions of any of its customers or other users or any content any user may post on any website. We don't take liability for backups either. Any data lost over the network is considered to be clients fault, even if the account is terminated. It is your responsibility to take care of backup for sites that may be yours or ones under you.

Any complaints about a subscriber's violation of this TOS should be sent to support@cynergydigital.com