This Terms of Service Agreement (TOS) is a formal and legally binding agreement
between cyclone-hosting.net (We, Company) and You, the service user (You,
Subscriber). Use of our service constitutes acceptance and agreement to the TOS
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
IV) Network Performance
V) Payment Policy
VI) General Operations
VII) Violation Reporting
VIII) Violation Procedures
IX) Miscellaneous Provisions
I) PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our Subscribers and users a clear understanding of
what we expect of them while using our services. All users of our services
including those who access our services but do not have accounts, as well as
those who pay a service fee to subscribe to the services, must comply with our
We support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any website, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary websites. However, in
accordance with our TOS, we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability, or which may violate
the TOS. We may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of the TOS may result in the suspension or immediate termination of
your account without prior notice.
The following are guidelines for the establishment and enforcement of the TOS:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the
networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and
exchange of information
Preserve the privacy and security of individual users
While we are committed to the principles of free speech, certain activities that
may be damaging to the resources of both us and the Internet and cannot be
permitted under the guise of free speech. The resources of us and the Internet
are limited, and abuse of these resources by one user has a negative impact on
the entire community.
We do not routinely monitor the activity of accounts except for measurements of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the right to terminate your service without
notice. We prefer to advise Subscribers of inappropriate behavior and any
necessary corrective action, however, flagrant violations of the TOS will result
in immediate termination of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right to do so at any
II) SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any of the following specific
violation of the TOS. The following constitute specific violations of the TOS:
Illegal use: Our services may not be used for illegal purposes, or in support of
illegal activities. We reserve the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime or
civil wrongdoing. If anything is not legal in the United States of America, it
is not permitted to reside on our servers. If illegal content or usage is found,
the account will be suspended and/or terminated. Subscriber agrees that the
Company may disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification to the
Harm to minors: Use of our service to harm, or attempt to harm, minors in any
way, including, but not limited to child pornography is prohibited. Violation of
this policy will result in immediate termination of your service and a report
will be made to law enforcement authorities.
Threats: Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or destruction of
property is prohibited.
Harassment: Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another is prohibited.
Fraudulent activity: Use of our service to make fraudulent offers to sell or buy
products, items, or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain letters" is prohibited This also
includes any knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon it.
Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. Forging any message header, in part or whole, of any
electronic transmission, originating or passing through our service is in
violation of the TOS. The use of anonymous remailers or nicknames does not
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of our service
to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violation of this SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, we will initiate an
investigation. During the investigation, we may restrict Subscriber access to
the network to prevent further violations. If a Subscriber is found to be in
violation of our SPAM policy, we may, at our sole discretion, restrict, suspend
or terminate the Subscriber's account. Further, we reserve the right to pursue
civil remedies for any costs associated with the investigation of a
substantiated policy violation. We will notify law enforcement officials if the
violation is believed to be a criminal offense. Anyone using our service to host
websites or services that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their account(s)
immediately suspended. The account will not be unsuspended until such time that
you agree to remove any and all traces of the offending material immediately
upon reconnection. First violations of this policy will result in an
"Administrative Fee" of $25 and your account will be reviewed for possible
immediate termination. Severe violations may result in immediate and permanent
removal of the account(s) from our network without notice to the customer. A
second violation will result in an "Administrative Fee" of $100 and immediate
termination of your account.
E-mail/News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of the
Usenet Abuse/Spamming: We have a zero tolerance policy for the use of our
service for the posting of messages or commercial advertisements which violate
the rules, regulations, or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup or mailing list or
that are solicited by the recipients are permitted.
Unauthorized access: Use of our service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of ours or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly prohibited and
the offending account is subject to immediate termination. You may not attempt
to circumvent user authentication or security of any host, network or account.
This includes, but is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use or
distribution of tools designed for compromising security is prohibited. Examples
of these tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools. Violations of system or network
security may result in civil or criminal liability. We will investigate
occurrences, which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such
Copyright or trademark infringement: Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted material,
the digitization and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted software is
prohibited. This also includes intellectual property rights. Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
Collection of personal data: Use of the service to collect, or attempt to
collect, personal information about third parties without their knowledge or
consent is prohibited.
Network disruptions and unfriendly activity: Use of the service for any activity
which affects the ability of other people or systems to use our services or the
Internet is prohibited. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption of
other network users, services or equipment is prohibited. This includes, but is
not limited to: "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host. It is the Subscriber's responsibility
to ensure that their account(s) are configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their account for
illegal or inappropriate actions. A Subscriber may not permit their account,
through action or inaction, to be configured in such a way that gives a third
party the capability to use their account in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. We will not tolerate any
Subscriber attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results in corruption or
loss of data. We reserve the right, to drop the section of IP space involved in
Spam or Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open relays
are on your account, or if denial of service attacks are originating from your
account. In certain rare cases, we may have to do this before attempting to
contact you. If we do this, we will contact you as soon as is feasible.
Distribution of Viruses: Intentional distributions of software or anything that
attempts to and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using our services could
result in suspension of service.
IRC networks: It is forbidden to host IRC (Internet Relay Chat) that is part of
or connected to another IRC network or server. Accounts found to be connecting
to or part of these networks will be immediately suspended without notice. The
account will not be unsuspended until such time that you agree to remove any and
all traces of the offending material immediately upon reconnection. Severe
violations may result in immediate and permanent removal of the account(s) from
our network without notice to the customer. Any user who commits a second
violation will be immediately and permanently removed from our network without
Streaming Video and Audio: Streaming Video and Audio is not permitted on our
shared servers. You must zip the content to prevent this if you wish to have it hosted,
and like everything else this content must be legal and in compliance with our
Eggdrop Scripts: Eggdrop scripts/bots and IRC bots of any type are not allowed,
these are grounds for immediate account deletion.
Adult Material: Adult Material is not allowed, unless specified in your package
deal. If a website is found to contain adult material that is not on an adult
approved server/package, the website will be suspended.
Objectionable Material: You may not use our service to publish material, which
we determine, at our sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of communications
including but not limited to: narrative descriptions, graphics (including
photographs, illustrations, /images, drawings, logos), executable programs,
video recordings, and audio recordings. If you unsure if your content is
objectionable, please contact us before posting it.
Chinese Forums: Chinese Forums are not allowed on our network. These sites
require too much CPU usage. They typically require a dedicated server to run
properly. If they are found on any server we will suspend and/or terminate them.
ANIME: Anime websites are not allowed on our network. If an Anime website is
found we will terminate the account. These sites are not allowed on our servers
because most of them are illegal, and almost inevitably cause server problems.
Demo Accounts: Due to the potential of a security breach, or malicious activity
aimed at our network, control panel demo accounts are not allowed. We recommend
linking directly to the control panel maker's website for their demo (for
Use of our service by minors: Persons under the age of eighteen (18) must have
permission from their parent/guardian to use our services. By signing up for our
service, you agree that you are over the age of eighteen, OR your
parent/guardian has permitted you to do so and has read and agreed to the TOS,
and has accepted responsibility for any actions you may take as a minor under
By using our services you agree to adopt adequate security measures to prevent
or minimize unauthorized use of your account. Your password provides access to
your account. It is your responsibility to keep your password secure. Sharing
your password and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since you will be
held responsible for such use.
Subscribers will be held responsible for any activity by third parties using
their accounts in a way that violates the TOS. You are responsible for any
misuse of your account, even if the inappropriate activity was committed by a
friend, family member, guest or employee. Therefore, you must take steps to
ensure that others do not gain unauthorized access to your account.
Subscribers who are resellers are responsible for enforcing the TOS to all of
their clients. If their clients are found to be violating the TOS, we will
suspend and or/terminate the offending site and let the reseller know. It is
advisable that you adopt similar or stricter policies than ours. Our Subscribers
may use and/or modify a copy of our TOS for use on their website(s).
IV) NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on
shared resources. Excessive use or abuse of these shared network resources by
one customer may have a negative impact on all other customers. Misuse of
network resources in a manner which impairs network performance is prohibited by
this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive programs
which negatively impact other customers or the performances of our systems or
networks. This may include certain scripts or forums that put excessive use on
the SQL server in a way which degrades performance for other users. We reserve
the right to terminate or limit such activities. Additionally, if your account(s)
becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks
against the server, we reserve the right to end your service.
Policy for Unlimited Accounts: Unlimited Accounts are indeed unlimited per these
terms of service. For all legal and practical purposes, the word "unlimited", as
used in any of our advertising or other material, shall be defined only by these
terms of service. These accounts may not to be used to host a collection of
MP3's, Warez, or media files. An account may not be used to backup your computer
or another source. They may not be used for general storage of any type. All
content stored on an unlimited account must be directly used on the Internet by
the website associated with that account. These accounts may not be used as a
download distribution point for your software or files. They are to be used for
standard web practices only. This means that all content stored on an unlimited
account must be used for "normal" website use. "Un-normal" usage is anything
that a shared server would not be able to provide under standard circumstances.
If you are unsure of whether your account may violate this policy, please
contact us prior to subscribing.
V) PAYMENT POLICY
By using our services you agree to the following payment policy and
Refunds: We offer a thirty-day money-back guarantee. If during the first 30 days
after subscribing you are unhappy with the service you may submit a full refund
request. Any such request must be made in writing and must be made before the
end of thirty days from the moment your initial payment was made. In such case
your payment will be refunded and your account will be deleted from our network
upon 7 days after refunding. If for any reason you require any training or any such services during the 30 days, and cancellation is within the 30 day period, you will be refunded for the web hosting minus the additional services requested. The cost per additional services will be stated at the time of cancellation of the hosting services if any services were requested. Domain name registrations or transfers are non-refundable due to ICANN policies. The thirty-day money-back guarantee only applies to the first
payment made on a new account. After the initial thirty-day period, no refunds
will be made at any time for the first payment on a new account. All subsequent
payments made to cyclone-hosting.net are absolutely non-refundable. If you
dispute a charge to your credit card issuer or take any action that results in a
payment being reversed that, in our sole discretion is a valid charge under the
provisions of the TOS, you agree to pay us an "Administrative Fee" of $100.
Payment/Subscription: Establishment of this service is dependent upon receipt by
the Company of payment of stated charges. We require that all Subscribers use an
automatically recurring payment subscription through one of our payment
processors (currently Paypal). Your recurring subscription must remain active at
all times for your account to remain activated. If a subscription becomes
inactive and/or is cancelled, we will suspend the account and issue a warning to
the Subscriber to their email address on file. If the subscription is not
rectified within 7-days of the warning we will delete the account from the
server. If it is a reseller account we will also delete any domains "under" the
primary account. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees. We may allow some users to purchase our services with a
one-time payment or subscription that is not automatically recurring. Any such
allowance does not forfeit our right to require any such user to activate a
recurring subscription at any time.
Cancellation: All cancellations must be made by the subscriber by canceling
their recurring subscription. We will not comply with verbal or written requests
to cancel accounts. It must be done by canceling the subscription with the
payment processor. Upon notification that a subscription has been cancelled we
will delete the Subscriber's account from the server. We will not wait until the
end of any advertised or perceived billing cycle, and we will not refund any
unused portions of any subscription payment. We require that a recurring
subscription be active at all times and will therefore delete the account upon
termination of the subscription.
Service Rates: Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
VI) GENERAL OPERATIONS
By using our service you agree to the following policy and limitations
pertaining to our services.
Uptime: Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the negligence of
the Company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, Subscriber agrees that the Company shall not
be liable for any damages arising from such causes. In no event shall the
Company be liable for any special or consequential damages, loss or injury.
Although many of our own network providers guarantee an uptime of 99% or more,
we make no guarantees about uptime performance because we realize there are
influencing factors that are outside of our control, and in most cases even
outside the control of the data centers and network providers we work with.
Support Boundaries: We provide technical support to our Subscribers. We limit
our technical support to our areas of expertise. We provide support related to
your account or virtual site's physical functionality. We do not offer tech
support for application specific issues such as cgi programming, html, or any
other such issue. We do not provide technical support for your customers, unless
an outsourced support subscription has been purchased. We provide a variety of
support information and options to our Subscribers. These support options can be
found on the support page of our website.
Abuse of Our Staff or Network Staff: Abuse towards our staff or our network
staff will not be tolerated. If you use foul language, threaten us, or do
anything we find offensive, we may suspend and/or delete your account. Per our
payment policy we offer no refunds.
Internet Protocol (IP) Address Ownership: If we assign a Subscriber an IP
address for the Subscriber's use, the right to use that IP address shall belong
only to us, and Subscriber shall have no right to use that IP address except as
permitted by us in our sole discretion in connection with the services. We shall
maintain and control ownership of all IP numbers and addresses that may be
assigned to Subscriber by us, and we reserve the right to change or remove any
and all such IP numbers and addresses, in our sole and absolute discretion. Our
allocation of IP addresses is limited by the policies set forth by ARIN
(American Registry for Internet Numbers). These policies state that use of IP
addresses for IP-based virtual hosts will not be accepted as justification for
new IP addresses. What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage, and if we find
that clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used with
Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall
not exceed the quota for the services ordered by Subscriber on the order form
(the "Agreed Usage"). We will monitor Subscriber's bandwidth and disk usage. We
have the right to take corrective action if Subscriber's bandwidth or disk usage
exceeds the Agreed Usage in our sole discretion. Such corrective action may
include the assessment of additional charges, or disconnection or discontinuance
of the service. If we take any corrective action under this section, Subscriber
shall not be entitled to a refund of any fees paid in advance prior to such
VII) VIOLATION REPORTING
By using our service you agree to report violations of the TOS to us. Anyone who
believes that there is a violation of our TOS should direct such information to
us by email immediately. If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log
files. Other situations will require different methods of providing the above
information. We may take any one or more of the following actions in response to
Issue written or verbal warnings
Suspend the Subscriber's newsgroup posting privileges
Suspend the Subscriber's account
Terminate the Subscriber's account
Bill the Subscriber for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any,
cause by violations
VIII) VIOLATION PROCEDURES
By using our services you understand and agree with the following procedures and
We are under no duty to look at each Subscriber's or user's activities to
determine if a violation of the TOS has occurred, nor do we assume any
responsibility through our TOS to monitor or police Internet-related activities.
First violation: Any Subscriber, which we determine to have violated any element
of the TOS, shall receive an email, warning them of the violation. The service
may be subject at our discretion to a temporary suspension pending a
Subscriber's agreement in writing, to refrain from any further violations.
Second Violation: Subscribers that we determine to have committed a second
violation of any element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation: We reserve the right to suspend network
access to any Subscriber if in the judgment of the network administrators the
customer's account is the source or target of the violation of the TOS or for
any other reason which we choose. If inappropriate activity is detected, all
accounts of the Subscriber in question will be deactivated until an
investigation is completed. Prior notification to the Subscriber is not assured.
In extreme cases, law enforcement will be contacted regarding the activity.
IX) MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the TOS, Subscriber indemnifies us for any
violation of the TOS that results in loss to us or the bringing of any claim
against us by any third-party. This means that if we are sued because of a
Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay
any damages awarded against us, plus all costs and attorney's fees.
Contact Information: You must provide us with, and keep current, good contact
information for yourself including an E-mail address and telephone number. If we
fail to communicate any information to you due to a non-current, inoperative, or
incorrect email address you are still responsible and accountable for any such
information we attempted to communicate.
Waiver: A waiver by the Company of any breach of any provision of the TOS by
Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
Assignment: Subscriber shall not transfer or assign the TOS without the prior
written consent of the Company. Company may assign the TOS at anytime without
consent from or notice to Subscriber. Company reserves the right to cancel
Subscriber's rights under this contract at any time without further obligation.
3rd Party Disclaimer: We take no responsibility for any material input by others
and not posted to our website by us. We are not responsible for the content of
any other websites linked to us; links are provided as Internet navigation tools
only. We disclaim any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation of
Disclaimer of warranties: We are not responsible for any damages your business
may suffer. We do not make implied or written warranties for any of our
services. We deny any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by us.
3rd Party Software and Services: We may provide you access to third party
software and/or services ("Third Party Products ") through reseller
relationships we have established with certain commercial vendors. Subscriber
understands that product support for Third Party Products is provided by us and
not by the Third Party Vendor, unless otherwise notified. Neither us nor any
Third Party Vendor makes any representations or warranties, express or implied,
regarding any Third Party Products. Subscriber expressly acknowledges and agrees
that use of third party products is at customer's sole risk and such third party
products are provided "as is" and without representation or warranty of any kind
from us or any third party vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose, accuracy or
completeness of responses or results, correspondence to description, or
non-infringement of third party rights. To the maximum extent permitted by
applicable law, neither us nor any third party vendor will be legally
responsible for any damages, whether direct, indirect, or consequential, arising
from the use or inability to use any third party product. Subscriber agrees to
observe the terms of any license and/or applicable end-user subscriber agreement
for third party products and that customer shall be fully liable to third party
vendors and us with respect to any improper use of such third party products or
violation of license agreements with them and/or applicable end user subscriber
agreements. Subscriber agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on Third Party
Products or that appear during the use of Third Party Products. Subscriber
further agrees not to reverse engineer, decompile, or disassemble the Third
Revisions to the TOS: We reserve the right to revise, amend, or modify the TOS
at any time and in any manner. In such case the amended or revised TOS will be
posted to our website. Subscriber understands that changes to the TOS shall not
be grounds for early contract termination or non-payment.
Location and Severability: The TOS shall be construed in all respects in
accordance with the laws of the State of Colorado. If any part of the TOS is
found to be invalid or unenforceable by law, the remainder of the TOS will
remain enforceable and in full effect.
Trouble free hosting, great customer support. I tried a few more hosting companies, they sucked, came back here :)
I cant believe my luck! Cheap webhosting, and since I am computer illiterate, around the clock support!! I wish I had found cyclone-hosting directly. It would have spared me a LOT of grief.
Thank you so much Dennis!
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