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This Agreement is made and entered between CyberSpaceBuddy.com, a division of CYBERSPACEBUDDY HOSTING, and the customer (hereinafter called Customer) and supersedes any other written or oral agreement or understanding. The following Terms and Conditions shall apply to the provision and use of the products and services (individually a "Service" and collectively the "Services") provided pursuant to a CyberSpaceBuddy.com order form, submitted electronically via CyberSpacebuddy’s Web site at http://www.CyberSpaceBuddy.com, or via Postal Mail, Facsimile, or hand-delivered. CYBERSPACEBUDDY HOSTING may amend these Terms and Conditions at any time and post them on its Web site (http://www.CyberSpaceBuddy.com) indicating the effective date thereof. Your submittal of an order for service, or your continued use of CYBERSPACEBUDDY HOSTING's service(s) after an updated posting, shall be deemed to be your acceptance of any such modifications. The use of CYBERSPACEBUDDY HOSTING's services is subject to the following Terms and Conditions:

 

Orders for Service and Service Date. All orders for service are subject to acceptance by CYBERSPACEBUDDY HOSTING. An order will be deemed accepted by CYBERSPACEBUDDY HOSTING when confirmation of the order is sent to Customer. CYBERSPACEBUDDY HOSTING may refuse to accept any order, or delay acceptance, awaiting completion of conditions CYBERSPACEBUDDY HOSTING may choose to exercise. The Service Date shall be the date any CYBERSPACEBUDDY HOSTING services ordered under this Agreement are first available for use by Customer. Customer understands and acknowledges that certain services require third-party involvement, of which CYBERSPACEBUDDY HOSTING has no control, and Service Date may be delayed or postponed, or services as included in this Agreement or Order Form may be unavailable to Customer. CYBERSPACEBUDDY HOSTING shall endeavor to provide Customer with reasonable notice by telephone, e-mail or fax of any intent to delay or decline the acceptance of any order, or if third-parties have notified CYBERSPACEBUDDY HOSTING of any delays or changes in available service.

 

Customer Use of Services. Customer agrees that CYBERSPACEBUDDY HOSTING's services may only be used for lawful purposes. Any use of the services that violates any local, state, provincial, federal or international law is prohibited. Customer also agrees that use of the services shall be in accordance with CYBERSPACEBUDDY HOSTING's Acceptable Use Policies, applicable Domain Name Registration Agreements and Domain Name Dispute Policies, and others, which are posted on its Web site (http://www.CyberSpaceBuddy.com) and modified from time to time. It is Customer's responsibility to monitor all policies regularly to determine whether the policies have been modified. If changes have been made, and if Customer does not agree with any policy change, Customer must immediately stop using CYBERSPACEBUDDY HOSTING's services and notify CYBERSPACEBUDDY HOSTING of the cancellation of service.

 

Term. The Term shall be as shown on the Order Form and shall begin on the Service Date. In any case, the minimum length of term for services shall be 1 month.

 

Renewal. The Agreement shall renew automatically for identical successive terms and for the same fees unless either party provides notification of non-renewal at least ten (10) days prior to the end of the current term to avoid being charged for the next billing cycle.

 

Changes. CYBERSPACEBUDDY HOSTING reserves the right to change these Terms and Conditions, its services, fees, and order forms at any time, however, the service fees stated on the Agreement or Order Form shall remain in effect during the term of the Agreement. (If Customer has prepaid for services, the service fees stated on the Agreement or Order Form shall remain in effect for the period that Customer has prepaid.) Increases in fees, if any, shall become effective for the successive term. Customer may elect not to accept any increase in fees, at which time Customer may decide, at its sole discretion, to cancel this Agreement and terminate service.

 

Payment of Initial Fees and Service Fees. CYBERSPACEBUDDY HOSTING's accounting cycle begins on the 1st of each month. Customer agrees to pay for the Services rendered by CYBERSPACEBUDDY HOSTING in advance of the time period for which the Services are to be provided. Payment of Initial Fees (or Setup Fees) and the Service Fee for the first billing period shall accompany the Agreement or Order Form for Service. CYBERSPACEBUDDY HOSTING shall not be obligated to provide or initiate any Services until this initial payment has been received.

 

Payment for additional on-line time, additional Web site or FTP storage or traffic, or co-location traffic shall be invoiced each month and is due and payable according to the terms stated on the invoice. CYBERSPACEBUDDY HOSTING has no obligation to warn Customer regarding on-line time, traffic or storage.

 

Interruption of Services, Accounting Hold, and Cancellation for Nonpayment. Services may be interrupted if any fees are delinquent, or if Customer engages in any conduct or activities which CYBERSPACEBUDDY HOSTING in its sole discretion believes breaches any of the terms of this Agreement. Delinquent accounts are those that remain unpaid 10 days beyond the beginning of the accounting cycle, or the invoice due date, whichever is later. Any delinquent Customer accounts are subject to a late charge of 1-1/2% per month and suspension of services ("accounting hold") and may not be used. CYBERSPACEBUDDY HOSTING accounts on "accounting hold" continue to accrue charges while they are on hold. Customer must pay all past due amounts in order to remove accounts from their "accounting hold" status.

 

In the event CYBERSPACEBUDDY HOSTING instigates any legal action to collect any sums owed by customer, CYBERSPACEBUDDY HOSTING shall be entitled to an award of reasonable attorney fees and costs incurred by CYBERSPACEBUDDY HOSTING in connection with such legal action, if a judgment in CYBERSPACEBUDDY HOSTING's favor is entered in the legal action. An interruption of service does not relieve Customer of its obligation to continue to pay Service fees. This Agreement is cancelable by CYBERSPACEBUDDY HOSTING if Customer fails to pay any amount payable under this Agreement on the date that such amount is due and payable.

 

Cancellation. The Agreement is cancelable by Customer upon payment of all past-due fees and fees due for the remainder of the current term. Unless otherwise required by Special Provisions for your service, the request to cancel this Agreement must be in writing at least ten (10) days prior to the end of the current term. Customer may send cancellation request via an e-mail message to support@CyberSpaceBuddy.com, by postal mail, or by fax. Upon receipt of notice of cancellation, CYBERSPACEBUDDY HOSTING shall send written confirmation via e-mail, which shall indicate the effective date of cancellation. If Customer does not receive this e-mail confirmation within 2 business days, please call CYBERSPACEBUDDY HOSTING and speak to a representative.

 

Taxes. CYBERSPACEBUDDY HOSTING shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer's or CYBERSPACEBUDDY HOSTING's server(s). Customer agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold.

 

Assignment. Customer shall not, without prior written consent of CYBERSPACEBUDDY HOSTING (which shall not be unreasonably withheld) assign, transfer or in any other manner dispose of, and of its rights, privileges, or obligations under this Agreement.

 

Customer Equipment and Facilities. Customer shall at its own expense undertake all necessary preparations to comply with CYBERSPACEBUDDY HOSTING's installation instructions and provisioning process. Customer is responsible for the use, compatibility and maintenance of all Customer owned equipment.

   

Disclaimer; Compliance. Customer acknowledges that CYBERSPACEBUDDY HOSTING does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general, and any use of such information is at Customer's own risk. By using CYBERSPACEBUDDY HOSTING's services, Customer agrees to comply with the terms and conditions stated herein or otherwise generally provided by CYBERSPACEBUDDY HOSTING to Customer from time to time.

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