Terms of Service
Every online service / ISP has policies. Here's ours! Reading through the rules can sometimes be tedious. We've done our best to come up with a set of policies that protects you and us. We think you'll find that they are all pretty sensible and necessary. If you ever have ANY questions about them, please don't hesitate to let us know!
1. Definitions:
1. Access: The Subscriber's a : permission, liberty, or ability to enter, approach, communicate with, or pass to and from b : freedom or ability to obtain or make use of c : a way or means of access d : the act or an instance of accessing
2. Account: A mechanism of keeping track of billing and providing service(s) through.
3. Account Password: A password that is determined by Subscriber during Sign-up and given to CyberXpress in order for the Subscriber to access CyberXpress's service(s).
4. Authorized Access Password or Filtering-Password: A password that is determined by Subscriber during Sign-up in order for the Subscriber to temporarily bypass the filtering process of CyberXpress.
5. Authorized Users: A person who the Subscriber has authorized to use the system under the direct supervision of the Subscriber.
6. Bill Date: The date that a bill is generated and sent out.
7. Content: Communication, graphics, information, music, photos, software, sounds, video, and other materials collectively.
8. CyberXpress, CXP, us and we refer to CyberXpress, Inc. and shall include its agents, assigns, officers and representatives
9. Domain Name: A name that is assigned and licensed by Network Solutions.com
10. Due Date: The latest date that payment should be received by to avoid receiving late charges, fees, and/or suspension of the billed account(s).
11. Email Account: A name that is determined by Subscriber during Sign-up and given to CyberXpress that identifies the particular Subscriber, which is non-transferable by the Subscriber.
12. Filtered Internet Access: Internet Access that blocks Web sites which contain content considered objectionable.
13. Hacking: To gain access to a computer illegally. Unauthorized Access to a computer, whether damage was caused or not.
14. Member, Subscriber, User or You refers to the person or entity who is bound by this Agreement and meets all qualifications of the terms and conditions of this Agreement.
15. Netiquette: This is what is considered proper "etiquette" for Communication on the Internet.
16. Prepaid: Paying in advance, which normally saves you money. As a result of the savings, there are normally no refunds for paying in advance. Normally paid in 3, 6, or 12 month advance.
17. Service: Any access, content or other services provided directly by CyberXpress to Subscriber.
18. Spam: Unsolicited (usually commercial) eMail. Normally Spam is sent out to a large number of eMail addresses. Ponzi schemes and Chain letters can be considered Spam. Example: Make Money Fast letters, multi-level money scams and other pyramid schemes.
19. TOS: Terms of Service Agreement (this Agreement).
20. Unlimited Access: To use as much access/time as you want, as long as you are actively at the computer! Maintaining a connection using eMail programs, re-dialers, scripting or any other utilities program are NOT considered actively using your computer which violates the TOS.
21. User Ability: The Subscriber or Authorized Subscriber's ability to connect to CyberXpress services.
CyberXpress agrees to provide and Subscriber agrees to receive access to the CyberXpress Internet service according to the following terms and conditions:
2. General Provisions:
(a) CyberXpress provides Filtered Internet access, Regular Internet access and other Services to Subscribers, which term includes any Authorized User, subject to the terms and conditions of this Agreement which comprises the entire agreement between CyberXpress and Subscriber, superseding any prior oral or written agreements. Additionally, Subscriber acknowledges and understands that additional terms and conditions may be imposed on Subscriber in other areas of service, third-party content, or software.
(b) CyberXpress may change the terms and conditions of this Agreement at any time. Such change shall take effect for existing Subscribers thirty (30) days after the notice is to be posted on the CyberXpress Web page, and shall include the effective date. Any new Subscribers that sign up after the revision date, will immediately be held up by the new TOS and will not receive the thirty (30) days. Subscriber agrees to review CyberXpress's TOS periodically. In the event Subscriber does not agree with any change of TOS, Subscriber may discontinue the User Ability provided by this Agreement. Continued use of CyberXpress's services on and beyond the effective date of any change of TOS constitutes acceptance of the all terms and conditions of the modified TOS.
3. Subscriber Obligation:
(a) Subscriber certifies that he/she is at least eighteen (18) years of age; and that all verbal or on-line registration information provided to/for CyberXpress is accurate, complete, and current.
(b) If signing up for Internet Service (Filtered or Regular), Subscriber acknowledges that: Subscriber will receive (i) an eMail Account, (ii) the Account Password, (iii) up to 5 eMail addresses, and (iv) 10 megabytes disk space for a non-commercial home page. eMail names may be chosen by the Subscriber; provided, however, that the eMail name is not in use by another Subscriber, and that such name is acceptable to CyberXpress.
(c) Subscriber's are authorized to access CyberXpress's Internet access in an individual capacity, and may not permit another individual or entity to use the Subscriber's password for Internet access, except under the Subscriber's direct supervision.
(d) The Subscriber agrees to pay CyberXpress's reasonable attorney's fees and court costs, where permitted, in collecting the amount due in the Subscriber's contract or subscription agreement, including returned checks and charged back credit card transactions.
(e) Subscriber acknowledges that CyberXpress may offer credits to Subscribers who refer additional users who sign up for and keep CyberXpress accounts through at least one billing cycle, provided that the new Subscribers signing up mention at the time of signup the login name or Customer ID number of the Subscriber who referred them.
4. Access Charges:
(a) Billing rates for CyberXpress's Internet access, connect of accounts, web-page hosting, eMail addresses, passwords, and other charges, that are not contained in this Agreement, are detailed in the Pricing Schedule contained within this Web site. CyberXpress reserves the right to make ANY changes to the system in ANY way without prior notice. This includes but is not limited to our access numbers, access procedures, commands, documentation, hours of operation, menu structures, online availability, rates, services offered, & vendors.
(b) Charges for services are due in advance for the period billed. Subscriber's billed on credit cards (cards which are acceptable to CyberXpress) will also be billed in advance for the period billed.
(c) Payment is due fifteen (15) days after the Bill date. In the event that Subscriber's full payment has not been received within five (5) days past the Due Date, Subscriber will receive a notification through eMail. In an event that a Subscriber's full payment has not been received with ten (10) days past the Due Date, Subscriber will be charged a $5.00 late charge and sent another notification through eMail. The amount of $5.00 must be paid in addition to the full payment, to prevent disruption of service. In the event that a Subscriber's full payment (plus the $5.00 late charge) has not been received within fifteen (15) days past the Due Date, Subscriber's account(s) will be suspended until payment is received.
(d) In the event a Subscriber issues a bad check, CyberXpress reserves the right to charge a service charge in the amount of $25.00 per occurrence. If a credit card is denied, CyberXpress reserves the right to charge a service charge of $25.00 per occurrence.
(e) If Subscriber fails to use their account(s) it does not relieve the Subscriber of payment obligations. Subscriber may cancel services at any given time, unless bound by a specific term or agreement.
(f) Subscribers that are using a Prepaid plan that cancel before the end of their term, will be refunded 50% of every Full Unused Month remaining in the term. If an account is active in our system, it will be considered actively using our system. However, CyberXpress strictly reserves the right to refuse any refund(s) for an account.
5. Filtering Policy:
(a) Even though we offer Filtered Internet Access, you can and will not hold CyberXpress responsible for any reason(s) because you find something objectionable or illegal through CyberXpress services.
(b) CyberXpress provides filtering of websites which CyberXpress, in it's sole discretion, deems inappropriate for viewing. CyberXpress, to the best of it's ability and knowledge, will search for and prevent Internet access to known websites which contain inappropriate or offensive content or photographs on: pornography, hate, illegal drugs, and other inappropriate subject matters.
(c) Subscriber acknowledges and agrees that CyberXpress filtering of websites relies on two factors: (i) CyberXpress's subcontracting with thirty-party firm(s) whose function is to locate known websites and provide CyberXpress with filtering information; (ii) Subscriber software (optionally purchased) that can trace visited websites where the Subscriber, or an Authorized User, has viewed.
(d) CyberXpress does not represent nor warrant that all websites that contain such inappropriate or offensive Content are filtered. CyberXpress is relying on the Subscriber's (collectively) to assist CyberXpress in its ongoing endeavor to locate and filter known inappropriate websites; and because there may be a difference of opinion between the policies of CyberXpress and any opinion of Subscriber on whether or not a website should be filtered, Subscribers' acknowledge and agree that CyberXpress, at it's sole discretion, shall make the determination on filtering, and such determination shall be final.
6. Internet Content & Copyright Information:
(a) Subscriber acknowledges that: CyberXpress does not own the Internet; CyberXpress is not a content provider (except for CyberXpress's web-page), and that all Content on the Internet is supplied by others, which Content is wholly beyond the control of CyberXpress; Subscriber shall use CyberXpress's service at their own risk; and Subscriber is solely and entirely liable for all activities of Subscriber, including any Authorized User on the Account.
(b) Subscriber further acknowledges that: CyberXpress provides access to websites that contain Content that is protected by copyrights, trademarks, and other intellectual and property rights (collectively "Rights"). Subscriber agrees to use such Content in a legal manner, and Subscriber shall use CyberXpress's Internet access only to properly obtain and use Content that: (i) is not subject to any Rights, or (ii) the holder of Rights has given express authorization for distribution to the Subscriber.
(c) Subscriber acknowledges that: Content downloaded may contain viruses or other programs designed to harm, interrupt, or compromise programs or files on CyberXpress's or Subscriber's computer(s). Subscriber agrees that it is their obligation to install current and up-to-date virus-checking/protection software, and to have a verified current back-up of programs and files necessary to properly and accurately recover from a virus or other loss of data.
(d) Subscriber further acknowledges that: CyberXpress's filtering processes may be bypassed with a Filtering-Password. Subscriber understands that once the Filtering-Password has been entered, websites that contain inappropriate or offensive Content can be accessed; and that the Subscriber or their Authorized User agree to immediately take measures to protect other persons who might view or have access to such Content.
(e) Subscriber agrees that they will NOT and can NOT hold CyberXpress responsible for ANY Content that they either bring in or send out through CyberXpress services. Whether it be, but not limited to: Viruses, Illegal Material, Pornography or anything else considered illegal or objectionable.
7. Subscriber Conduct (Netiquette); Certain Acts Prohibited:
Subscriber agrees that the following acts of Subscriber or any Authorized User are prohibited and that Subscriber shall not: post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable Content; harass, threaten, embarrass, cause distress, unwanted attention, or discomfort upon another Subscriber or user of the Internet; post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by CyberXpress to be inappropriate or offensive; store sexually explicit content or photographs, or illegal or prohibited Content on CyberXpress's server; disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users of the Internet; impersonate any person or entity, including but not limited to a CyberXpress employee, a forum leader, guide or host, or communicate under a false name or a name that the Subscriber is not entitled or authorized to use, or impersonate a minor; post or transmit a chain letter or pyramid scheme; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to any user of the Internet, except in those areas that are expressly designated for such a purpose; collect or harvest eMail names of other users of the Internet without permission; "spamming" which can be described as the use of (and/or appearing to use) the service for sending unwanted and unsolicited electronic eMail messages; connect or use of an IRC (chat) server on CyberXpress's network; or transmit any communication or solicitation designed or intended to obtain any password, account, or private financial information from any user of the Internet; access, attempt to access, or tampering with CyberXpress's equipment in any unauthorized manner; violate any law, provision, operating rule, policy, or guideline of CyberXpress, or any other interactive service; or violate any applicable local, state, national, international, or foreign law, or rules or regulations having the force of law.
Subscriber agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, CyberXpress reserves the right to cooperate with all or any law enforcement agencies.
CyberXpress reserves the right to collect damages (software, hardware & man hours) if any harm is done (due to Subscriber's negligence) to CyberXpress which requires repair or reconfiguration of any kind.
The following violations of "netiquette" are grounds for immediate termination of service. When these violations occur, it puts our company at risk with our own provider(s) and with other ISPs. Due to their serious nature, and the work it takes for us to "undo" the damage, there is a PENALTY assessed for each violation in the amount of $200.00 per occurrence.
(a) Posting a single article or substantially similar articles (SPAM) to an excessive number of newsgroups or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited commercial mass eMailings (i.e., SPAM) whether or not it provokes complaints from the recipients. If some of the recipients complain, even if it's from just one recipients, it will be counted as Spam. If we receive Spam complaints about Subscriber, Subscriber will need to show written proof that the eMails they sent were not Spam.
(c) Engaging in either (a) or (b) from a provider other than CyberXpress and using an account on CyberXpress as a mail drop (or website) for responses.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by CyberXpress.
(e) Impersonating another user or otherwise falsifying one's user name in eMail, Usenet postings, on IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(f) Use of IRC "bots" on CyberXpress, whether on our IRC server or any other. Such software may not be stored on CyberXpress.
(g) Attempting or succeeding in hacking, no matter why or how.
Subscribers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by CyberXpress.
FBI WARNING: Computer and Internet crimes are investigated by the FBI utilizing many criminal statutes under the FBI's jurisdiction. The Computer Fraud and Abuse statute was amended during the prior Congress and is a comprehensive tool to address computer crimes. Internet crimes conducted to defraud consumers are addressed within myriad statutes including Fraud by Wire, Mail Fraud, Interstate Transportation of Stolen Property, and Money Laundering to name only a few. Other computer related crimes involving Intellectual Property including Hacking, Destruction of Property, Industrial Espionage, Economic Espionage, and Copyright Infringements are also investigated. Convictions of federal computer and Internet crimes can involve fines of up to $1,000,000.00 and imprisonment of up to 20 years.
8. Subscriber Information:
(a) CyberXpress, to the best of it's ability, has taken measures to prohibit unauthorized access to Subscriber account information, including Subscriber's name, address, telephone numbers, eMail addresses, eMail messages, billing information, credit information, passwords, and credit card numbers. CyberXpress will not release this information to any third-party, except at the Subscriber's direction, or as required by law, court order, subpoena, or criminal investigation by a law enforcement agency. CyberXpress does not represent that its efforts cannot be defeated or circumvented.
(b) Subscriber acknowledges that information released by the Subscriber to a third-party on the Internet is beyond the control of CyberXpress. Subscriber understands that disclosure of information (i.e. eMail address, telephone number, address, place of work, and other personal information) to any third-party should be done with caution. Subscriber and any Authorized User shall not at any time disclose any Account-Password or Filtering-Password to any third-party.
9. Collection of Information
Messages left on CyberXpress's eMail computer systems are stored for one hundred eighty (180) days. CyberXpress does not retain information, except under special circumstances, on chat rooms, oral on-line communication, or records with whom the Subscriber communicated with in chat rooms.
10. CyberXpress's LIABILITY; DISCLAIMER OF WARRANTY; AND INDEMNIFICATION:
CyberXpress MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO CyberXpress's SERVICE, SOFTWARE, INTERNET, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT CyberXpress DOES NOT OWN THE INTERNET, IS NOT A CONTENT PROVIDER, DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED THROUGH THE INTERNET, AND SUCH CONTENT, PRODUCT, AND SERVICE IS WHOLLY BEYOND THE CONTROL OF CyberXpress; CyberXpress PROVIDES ITS SERVICE TO THE INTERNET ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR SUBSCRIBER'S PERSONAL USE. CyberXpress MAKES NO REPRESENTATIONS THAT INTERNET ACCESS WILL BE AVAILABLE AT ALL TIMES; THAT SUBSCRIBER ASSUMES ALL RISKS OF LOSS OR DAMAGE; THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY CyberXpress SHALL NOT BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER IS NOT RELYING ON CyberXpress's SKILL OR JUDGMENT IN SELECTING ANY PARTICULAR SERVICE SUITABLE FOR ANY PURPOSE; AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THIS AGREEMENT.
IN THE EVENT ANY THIRD-PARTY TO THIS AGREEMENT MAKES ANY CLAIM OR FILES ANY ACTION AGAINST CyberXpress, SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CyberXpress FROM ANY AND ALL SUCH CLAIMS AND ACTIONS AND SHALL PAY ALL COSTS OF SUCH CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY AGREES TO WAIVE RIGHT OF SUBROGATION, AND AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE COMPANY IN ANY ACTION AGAINST CyberXpress.
11. Service Termination:
(a) Either party may terminate the service under this Agreement by giving the other party thirty (30) days advance notice by way of telephone. Subscriber understands and agrees that termination of service is Subscriber's sole remedy with respect to any service dissatisfaction with CyberXpress.
(b) Notwithstanding paragraph (a) of this section, CyberXpress may without liability terminate service without further notice in the event Subscriber violates any of the terms or conditions contained herein, and CyberXpress shall not be obligated to refund to Subscriber any unearned portion of prepaid fees.
12. Determination, Venue, and Non-Waiver:
Any judicial or other determination nullifying or declaring unenforceable any clause or condition herein shall not affect the remainder of this Agreement, which shall remain in full force and effect. This Agreement is performable in Jacksonville, Duval County, Florida, and venue involving any action in this Agreement shall be performed in Duval County, Florida. In the event CyberXpress fails to enforce any breach of agreement, policy, or rule, it shall not be deemed to create a waiver of such enforcement in the future.
Non-enforcement of any section of this Agreement does not constitute consent and CyberXpress reserves the right to enforce this Agreement at its sole discretion.
This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Florida.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Subscriber's and CyberXpress's agreement on all other paragraphs shall remain valid.
CHOICE OF LAW: Since our service(s) can be reached by callers from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all of these laws and their requirements, you agree that the law of our own state, Florida, will apply to all matters relating to this Agreement and to our bulletin board system. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, Florida, will have exclusive jurisdiction over any such legal actions.
13. Personal homepage:
(a) Personal Homepages with up to 10 megabytes of disk space is included with Internet Accounts for non-commercial, not-for-profit use. Reselling of your web space is prohibited unless expressly contracted with CyberXpress. Sexual images and illegal material on your web pages are prohibited.
(b) Subscriber agrees to keep a current copy of their Personal homepage. CyberXpress does not keep a copy of personal homepages.
14. Domains:
(a) Commercial Web site hosting is for commercial use. Reselling of your web space is prohibited unless expressly contracted with CyberXpress. Subscriber is responsible for all Third Party fees. Sexual images and illegal material on your web pages are prohibited.
(b) If CyberXpress registers a Domain name for Subscriber, Subscriber agrees to pay CyberXpress an amount of thirty ($30) for the Domain Registration by CyberXpress.
(c) If Subscriber wants to Transfer a Domain from CyberXpress, Subscriber agrees to notify CyberXpress via Postal Mail on company letterhead prior to the Domain transfer request. Without prior authorization, CyberXpress will disregard any Domain Name Transfer Request.
(d) Subscriber is responsible for obtaining the most recent copy of their Web site before canceling with CyberXpress. Canceling before getting the Web site copy from CyberXpress may result in the loss of the entire site. CyberXpress does not archive nor keep Web sites after they have been canceled.
(e) Subscriber understands that CyberXpress provides Website space for Domains and does not provide or maintain any content. However, CyberXpress can remove any content off of a Domain or the Domain entirely without any notification first to Subscriber.
(f) Subscriber understands that CyberXpress will not take any actions to remove or change Domain information from a dispute without prior LEGAL authorization.
15. Service Connections:
(a) Subscriber is required to have local telephone service through the carrier of their choice. Local (non-toll) calling is necessary for Subscriber to avoid long distance telephone charges. However, if Subscriber is out of CyberXpress's local telephone service area, Subscriber may dial CyberXpress's access number with the understanding that Subscriber is responsible for all long distance telephone charges.
(b) Subscriber acknowledges that telephone connection quality varies between areas of town and individual connections. Modem speeds are reduced when the modem senses a low-quality connection. Modem speeds of 56Kb are not obtainable with current service available from Regional Bell Operating Companies utilizing a POTS (plain old telephone service) line. More sophisticated lines are sometimes available from your local telephone carrier at an additional cost. Subscriber assumes all responsibility and all liability in connection with subscriber's telephone service.
(c) Subscriber acknowledges that Internet connections will drop requiring a re-dial into the system if the telephone service looses quality, or for other reasons, such as an interruption by call-waiting beep, person picking-up an extension line, and other factors, all of which are beyond the control of CyberXpress.
(d) Subscriber acknowledges that non-dedicated Internet connections with CyberXpress will automatically terminate if Subscriber has not made a request within thirty (30) minutes; or if the Subscriber has been connected for more than twelve (12) hours. Subscriber shall not devise any method of automatically requesting information for the purpose of maintaining a connection; all requests for websites shall be legitimately made.
(e) Subscriber acknowledges that while CyberXpress's service has unlimited dial-ups, if Subscriber should use CyberXpress's service beyond the average customers usage, CyberXpress has the right to council with the Subscriber on their use, or terminate Subscriber's service.
(f) Subscriber acknowledges that a single Subscriber account entitles Subscriber to one (1) simultaneous Internet connection, unless otherwise agreed in writing by CyberXpress. Violations may, at CyberXpress's option, result in termination of the account.
(g) Subscribers may use their account at any location or locations they choose under the following terms. 1) An individual account may NOT be used by persons not a member of the immediate family. 2) A business account, purchased by an employer for an employee may not be used by that employee at home as a personal account. It may, however, be used on a laptop computer if the employee uses such a computer while away from the employment location as part of a business trip or the regular duties of his/her employment.
(h) CyberXpress will not reimbursement for losses of income due to disruption of service by CyberXpress or its providers.
(i) Neither CyberXpress nor its Information Providers are responsible for any damages arising from Subscriber's use of CyberXpress or by Subscriber's inability to use CyberXpress service.
(j) Subscriber shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
(k) CyberXpress dialup connections are not intended to be full-time dedicated connections and we reserve the right to disconnect a Subscriber for inactivity or for using what we consider an excessive amount of time online.
(l) Unless specifically contracted for a full-time dialup connection, Subscriber may not remain connected when not at his/her computer.
(m) Subscriber may not run publicly accessible "services" such as SMTP, HTTP, MUD or IRC servers.
(n) Subscriber agrees not to resell their account(s). Your account is meant to be for you to be used by you. If you are dialing into us to provide Internet Service(s), you are overstepping the scope of your account, and must have us quote you for a commercial or business account.
16. Privacy / Security:
CyberXpress reserves the right to correct system errors using means, including but not limited, to examining logs and other records, accessing an account mailbox, or other various means necessary to ensure proper functioning of systems. CyberXpress does not guarantee the security of any eMail or other data on the system including that transmitted using secure servers. CyberXpress assumes no liability for the loss of private or confidential information or material. Subscriber's should be aware that no computer system/network is safe from system failures or intrusions by unauthorized parties, and therefore no sensitive material should be passed through or stored in the network. CyberXpress will endeavor to provide the latest security measures.
17. Miscellaneous / Other Specific Rules
- Subscriber is responsible for all use of Subscriber's account and confidentiality of password. We will suspend access or change access to Subscriber's account immediately upon notification by Subscriber that his her password has been lost, stolen or otherwise compromised. CyberXpress is not liable for any usage and or charges prior to CyberXpress making the necessary account alteration.
- Subscriber agrees to pay CyberXpress all charges relating to the use of Subscriber's account according to rates and prices stated online at the time of commencement of that subscription term.
- CyberXpress may offer credits to Subscribers who refer additional users who sign up for and keep CyberXpress accounts through at least one billing cycle, provided that the new Subscribers signing up mention at the time of signup the login name or Customer ID number of the Subscriber who referred them.
- CyberXpress is not responsible for Subscriber's personal files residing on CyberXpress. Subscriber is responsible for independent backup of his or her data stored on CyberXpress.
- CyberXpress reserves the right to delete Subscriber's personal files after one or both parties terminates agreement.
- CyberXpress reserves the right in its sole discretion to delete any information entered into CyberXpress by Subscriber. CyberXpress and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
- Subscriber hereby agrees that any material submitted for publication on CyberXpress through Subscriber's account does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on CyberXpress.
- CyberXpress, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the service upon any breach of this Agreement by Subscriber, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of CyberXpress that Subscriber may be performing activities harmful to CyberXpress or its Subscribers, employees, vendors, business relationships or any other users of the Internet.
- Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of CyberXpress.