Subject to the provisions hereof, the account will be opened upon reception of contract, and
repeated in each successive billable period thereafter at the then applicable prevailing rates and
charges, unless written notice of cancellation is received from User at least 30 days prior to the
beginning of the next billable period.
Charges for "billable period rate" services are payable prior to the beginning of each period.
Failure to pay in no way relieves the user's obligations to make full payment. User hereby agrees
to pay any and all attorney fees, court costs, and related expenses incurred by Cyber Scriber in the
collection of any amount due it.
Cyber Scriber may, with 30 days written notice, amend the rates and or charges for any future
server usage and/or services.
User agrees to use all Cyber Scriber services and facilities at User's own risk. Cyber Scriber
specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no
event shall Cyber Scriber be liable for any loss, or loss of data, or any other damages.
User agrees to protect and indemnify Cyber Scriber against any and all liability, loss, or
expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents,
violations of rights and privacy and infringement of copyrights and property resulting from User's
use of Cyber Scriber services.
Cyber Scriber reserves the right to cancel any account, at any time, without notice, for any
reason Cyber Scriber considers appropriate. Use of the email system to send unsolicited email or
Usenet postings is not allowed from any Cyber Scriber account. "Sexually Explicit Adult Content"
is not allowed on Cyber Scriber Servers. At Cyber Scriber's discretion, access to Cyber Scriber's
virtual server account may be revoked at any time for abusive conduct on the system and/or the
Internet and its resources as a whole.
User is solely responsible for usage of Cyber Scriber servers and any statement User makes on
Cyber Scriber's system may be deemed a "publication" of the information entered.
Acknowledging the foregoing, User specifically agrees not to use Cyber Scriber's service in any
manner that is illegal or libelous.
The minimum contract length is 3 months. Payments shall be made quarterly or annually.
Each of Cyber Scriber's virtual server accounts carries a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount, excluding any setup fees, domain
registration fees and overages. Setup fees are refundable only if the account order is canceled
prior to activation. For virtual server accounts the full contract amount less any setup fees,
domain registration fees and overages will be refunded if Cyber Scriber is notified within the first
30 days following activation. No refund is available after the 30th day.
The billable service period begins on the date the services indicated in this agreement become
available to User.
This Agreement shall be governed by and interpreted in accordance with the laws of the State
of California, United States of America, and the courts of the judicial district of the county of San
Luis Obispo shall have exclusive jurisdiction in respect of any proceeding in connection with this
Cyber Scriber will make all reasonable efforts to keep the server available and safe from
hackers. If the web site uptime falls below 99% in any calendar month, a prorated amount will be
credited to the client for each day the server is unavailable. Cyber Scriber will provide a
guaranteed response time of 15 minutes to any server outage 24 hours a day, 365 days a year.
This account will be configured with a backup virtual hosting account at a separate facility with
DNS failover. The backup server will take over traffic in the event the primary server account
becomes unavailable for more than 5 minutes. This provides backup for the primary domain only.