www.cyberls.com

Terms & Conditions

Cyberls's Terms of Service is strictly enforced. By purchasing one of Cyberls's products, you agree to follow and abide to these rules set forth below. Failure to comply is cause for immediate suspension/termination of your account and all accounts that may be under your name. Further action may be taken by the discretion of Cyberls.

Accepting Cyberls's Terms of Service means you have read the following:

1. Payment of Fees
1.a. Cyberls may charge the following fees where applicable. All such fees are subject to change with or without notice.
1.b. Cyberls may charge a setup fee where applicable on any product. These fees are subject to change and without notice.
1.c. Cyberls may charge a Service Fee when applicable. These fees may be charged for fixing/assessing a technical problem with your account, technical support time outside of our normal support hours/normal support terms.
1.d. Cyberls will notify you by e-mail/phone if any outstanding fees are due. You will be given a grace period of 4 days to pay any fee(s) before your account is suspended.
1.e. Cyberls accepts payments made by Paypal, Credit Card(Visa/Mastercard/American Express)through Paypal, bank transfer, Credit/Debit Cards through EBS payment gateways.
1.e.a. To pay with Bank Transfer, you must first get approval by a Cyberls Officer. Cyberls may refuse any bank transfer payment if customer has not been approved. Bank transfers must first be cleared by Cyberls for account creation/modification. A customer wishing to pay a recurring monthly bill will have to pay 3 days ahead of the due date for the amount to arrive in our bank account. Money orders will not be accepted unless approved by a Cyberls officer.
1.f. If no payment is received along with late fees or any data restoration fees as applicable within 7 days since an account is suspended, Cyberls shall remove the data/contents from the server without any further notice.

2. Non-Refundable
2.a. No payments are eligible for refund, once paid.
2.b. All payments paid to Cyberls are non-refundable ! On certain occasions, Cyberls may refund a payment made on accident/wrong payment. Only with approval by a Cyberls officer may you receive a refund or partial refund. You may be subject to a service fee while Cyberls processes your claim.
2.c. Cyberls do not provide any pro rated refunds, your services remains with us until the next payment date.
2.d. Accounts suspended/terminated for abuse complaints are not eligible for refund.

3. Reseller Services
3.a. Cyberls agrees to provide you with reseller services according to the plan purchased by you upon ordering/activation. Cyberls reserves the right to amend any such services without prior notice to you and reserves the right to amend any fees applicable to your chosen service. You agree to receive periodic e-mails from Cyberls regarding issues of billing, service, and server updates.
3.b. Cyberls agrees to offer support to the reseller only/VPS client only. No end user support will be offered unless with the discretion of any Cyberls technical staff member. Applicable fees of $50/hr with a minimum of 1/2 hour billed may be charged for such a service. You are responsible for paying any outstanding fees due at the time of service. Failure of payment may be cause for immediate suspension/ termination of your account and all accounts under your reseller package.
3.c. By purchasing a reseller package, you agree to follow both the Acceptable Use Policy as well as the guidelines outlined in this document. Also, you agree that your clients will also abide by the rules in the Acceptable Use Policy as well as the guidelines outlined in this document. Failure to comply may be cause for immediate suspension/ termination of your account and all accounts under your reseller package.
3.d. Cyberls will not be held responsbile for any lost data due to your negligence or that of your clients. All data lost is your responsbility. You should ensure that you have a locally backed up your data at regular intervals to minimize any risks.
3.e. Cyberls reserves the right to offer promotional e-mails, coupon codes, and/or discounts to any and all reseller clients. These promotional offers may be sent either phone or e-mail.

4. Suspensions/Termination
4.a. Cyberls reserves the right to suspend any account associated with Cyberls at any given time without warning. Just information will be sent to the account owner explaining why Cyberls may have suspended the account. Upon receiving notice, the account holder will have a grace period of 24 hours to fix any breach to either the Acceptable Use Policy or Terms of Service agreements. If the breach is not corrected within 5 days, the suspended account will be terminated with or without notice. All files associated with the account will be terminated without backup. Service charges will still continue on the account as if the account was never suspended, it is your responsibility to cancel your account after suspension/termination. Recurring charges will be charged, and failure to comply with requested payments may result in legal action against you and/or your party.
4.b. Termination shall include the permanent removal of any and all of your information from the Cyberls servers. Such data may not be made available to you after such termination. You may not take legal action against Cyberls for losing/deleting any personal and confidential information upon and after termination.
4.c. After suspension/termination, Cyberls will not provide any refund of any kind for day(s) your account has been suspended/terminated.
4.d. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. If you are not a customer yet, you could be banned from contacting our customer care or website if you use abuse words.

5. Privacy Policy / Information Usage
Cyberls reserves the right to disclose any information to law enforcement agencies. Cyberls may collect from you and/or maintain with respect to you, including, but not limited to, Address, Name, Date of Birth, Site statistics, User statistics, Domain information, correspondence to or from Cyberls concerning your account, or other information in which Cyberls maintains, to the public or private third parties as applicable law may require or permit. Kindly note that we do not keep your Account or payment information on our servers, payments are processed by paypal , alertpay and EBS ( http://ebs.in ) through their websites. The information collected from you during registration is not provided to any third party. We do not provide your contact number to any third party. The only emails that you receive from us will be related to your hosting account with us. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You can browse the forums and blogs without registering but to take part in the discussions you must register. Please note that the information that we collect is minimal and is purely to enable us to provide the required service to you. if you wish to change any information that we hold about you, you can do this online by clicking on the .My Account. link once logged in. If you would like us to remove your information from our database then please contact us through our helpdesk. We will NOT sell, distribute or lease your personal information to third parties, under any circumstances.

6. VPS/Dedicated Hosting
Cyberls reserves the right to charge for the following additional serviecs.
Non-approved or non-standard software install: $50/hr with a minimum of 1/2 hour billed Re-Install OS/cPanel on Dedicated: $50
Re-Install OS/cPanel on VPS : $25
Backup Restoration: $50/hr with a minimum of 1/2 hour billed
Downgrade to shared hosting: $25
Disaster/Hack/Abuse recovery: $50/hr with a minimum of 1/2 hour billed

7. Setup Time
7.a. Setup times may vary depending on product/service. Cyberls strives to uphold all service setup times to be less than 24 hours upon payment receipt; however, all orders are subject to a setup time of 24-72 hours.

8. Chargebacks and Refunds
8.a. Simply doing a chargeback for a product or service as a means for non-payment, refusal to pay, and/or accidental payments is not negotiable. A completion of a chargeback without the prior consent of Cyberls Systems may be cause for suspension/termination of your account. Also, a completion of a chargeback without notifying Cyberls may be cause for legal action against you and/or your party.
8.b. Legitimate refunds are reimbursements that are authorized and approved by Cyberls Systems.
8.c. Refunds demanded from a Paypal dispute is strictly prohibited. If you dispute by Paypal against Cyberls without the prior consent of Cyberls Staff, legal action may be taken against you and your party. If a dispute is issued to us by Paypal because of your doing, a $10 service and action fee will be issued to your account. Cyberls will not reimburse funds through a dispute without proper cause.

9. Notices
9.a. Any notice under this agreement shall be given by Cyberls to you by e-mail. Cyberls will send the notice to the e-mail registered at the commencement of this agreement or to the e-mail Cyberls is advised. Our sending of the notice is considered to be sufficient regardless of your receipt. E-mail addresses that are not up to date are deemed the customer's responsibility and will be held responsible for all charges/notices to that e-mail. It is strongly advised that you keep all your contact information up to date under this agreement.
9.b. Any notice made by you should be via our support e-mail addresses or through our ticket support system. Failure to notify Cyberls of any contact information, billing information, or cancellation request 30 days ahead of the renewal date is deemed the customer's responsibility and will be held accountable for any notices/charges to the account.

10. Warranty and Limitations/Uptime Guarantee
10.a. Cyberls strives to maintain operation of Cyberls services; however, some aspects of operation are beyond the control of Cyberls.
10.b. Cyberls is proud to offer a 99.9% uptime guarantee. This guarantee does not cover downtime due to mistakes on the clients behalf, due to account suspension or due to hardware failure. Clients may be eligible for a full refund of that month's service or a free month of service on behalf of actual downtime. Actual downtime is when any service that you pay for is down for more than 15 consecutive minutes. From the minute the actual downtime occurs to the minute the service becomes active again will be the statistics used when computing refunds/credits.
10.c. You agree to waive your claim for any damages, loss of profit or business as a result of any action associated with Cyberls's services, including, but not limited to, server downtime and lack of available service.

11. Change without notice
11.a. This agreement may be amended at any given time without notice. All changes will go into effect immediately. It is your responsibility to check for updates to this agreement. Cyberls will make the determination of anything that is deemed inappropriate under this agreement.

12. Uptime Guarantee SLA
12.a. To be eligible for this SLA, your account must be in good standing. All requests for credit or refunds should must fulfill these requirements: - Request must be submitted using the ticket system - Request must be submitted within 4 days of the issue in question - Your request must include a ticket number to reference that shows the issue being reported and acknowledged.

13. Network Guarantee
13.a. We guarantee that the network will be available 99% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. If network downtime occurs for a consecutive 15 minutes or more, the customer will be given credit for an entire month of hosting on their next due invoice.
13.b. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services, deamons, software running on your server, or hardware failure on a server. Network uptime means the network itself will be up and available.
13.c. We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the free invoice credit of Service Availability: - Scheduled downtime or maintenance (kernel, software updates, hardware upgrades or replacement)
- Traffic conditions on the internet outside our network
- ISP or local problems such as Browser or DNS caching
- DDoS, Attacks, Exploits or hacked servers
- An outage from an upstream facility outside of our network
- Interruptions or failure of individual service caused by client, their employees, client's customers, friends, or family to their service.
- Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.

13.d. Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance. Scheduled service outages do not qualify for this guarantee! Downtime must be ackonwledged by a staff member, thus proof of downtime would be needed when requesting a free month.
13.e. Downtime is measured from the time the customer records such failure in the support ticket system and until a resolution is provided in that ticket.

14. Backups and Data Loss
Your use of the service is at your sole risk. Cyberls Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cyberls servers.

15. As a client of Cyberls, you hereby agree all the terms mentioned at our Acceptable User Policy.
By agreeing to these terms, you fully understand that Cyberls redeems the right to take action or determine if anything is inappropriate under this agreement. Cyberls may suspend/terminate your account if an officer determines you have violated any of the rules above. This Terms of Service may be amended at anytime without warning. Policy Updates will go into effect immediately. We will inform about the updates to this policy through email, however it is your responsibility to check for updates to this policy.