Welcome to Cyon ISP
Terms and Conditions
PLEASE CAREFULLY READ THIS CONTRACT AND CYON ISP'S ACCEPTABLE USE GUIDELINES BEFORE OPENING OR CONTINUING TO USE AN ACCOUNT WITH CYON ISP. WITH RESPECT TO SOFTWARE AND DOCUMENTATION FROM A THIRD PARTY PROVIDED BY CYON ISP, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (i) WITH THE INTERNET ACCESS SERVICES OFFERED BY CYON ISP IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (ii) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS OR OTHER NETWORK SERVICE. THIS CONTRACT, TOGETHER WITH THE ACCEPTABLE USE GUIDELINES, ALL APPLICABLE QUOTES, PRICE LISTS AND SOFTWARE LICENSE AGREEMENTS OF CYON ISP AND THIRD PARTIES (COLLECTIVELY "THE AGREEMENT" OR "THIS AGREEMENT") REPRESENTS THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN CYON DATA SYSTEMS, INC. ("CYON ISP") AND YOU, THE CYON ISP ACCOUNT HOLDER ("YOU"), AND SUPERSEDES ANY OTHER WRITTEN OR ORAL AGREEMENT PERTAINING TO YOUR CYON ISP SERVICES. BY USING CYON ISP OR CYON ISP SOFTWARE, OR BOTH, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. VIOLATION OF ANY PROVISION OF THIS AGREEMENT IS GROUNDS FOR IMMEDIATE TERMINATION OF YOUR CYON ISP ACCOUNT.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF CYON ISP SERVICES AND CYON ISP SOFTWARE AND NOTIFY THE CYON ISP CUSTOMER SERVICE DEPARTMENT TO CLOSE YOUR ACCOUNT. YOU SHOULD RETURN OR DESTROY ALL COPIES OF SOFTWARE PROVIDED BY CYON ISP INCLUDING THIRD PARTY SOFTWARE DISTRIBUTED BY CYON ISP. CYON ISP MAY CHANGE THESE GUIDELINES AND/OR THE TERMS OF SERVICE AT ANY TIME. SUCH CHANGES AND THEIR EFFECTIVE DATE WILL BE POSTED ON THE CYON ISP WEBSITE OR BROUGHT TO YOUR ATTENTION BY APPROPRIATE MEANS. YOU AGREE TO REVIEW THESE GUIDELINES AND THE TERMS OF SERVICE PERIODICALLY, AND IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU AGREE TO TERMINATE YOUR SUBSCRIPTION OR AUTHORIZED USE BY NOTIFYING THE CYON ISP CUSTOMER SERVICE DEPARTMENT. YOUR CONTINUED USE OF CYON ISP SERVICES AFTER THE EFFECTIVE DATE OF ANY SUCH CHANGE CONSTITUTES ACCEPTANCE OF ALL THE CHANGES. "SERVICES" REFERS TO ALL SERVICES AND EQUIPMENT PROVIDED BY OR THROUGH CYON ISP, INCLUDING WITHOUT LIMITATION INTERNET ACCESS AND THE LICENSING OF CYON ISP OR THIRD PARTY SOFTWARE.
1.0 Services
This Agreement establishes the terms and conditions for all types of accounts offered by Cyon ISP, both personal and business, and the services available through those accounts. Cyon ISP will provide Services on its systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement. Cyon ISP will publish a notice of fee increases at least 30 days before such increases take effect. Cyon ISP reserves the right to charge and require payment of setup fees prior to activation of any Services. Bundled products may not be unbundled or used separately. You may not lease, rent, transfer or resell Cyon ISP Services or any portion of Cyon ISP Services to any other party in any other way. You may not use Cyon ISP Services to compete with Cyon ISP or promote products or services which compete with Cyon ISP.
Cyon ISP reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which Cyon ISP, in its sole discretion, determines to violate the Agreement or is otherwise harmful to Cyon ISP's interests or the interests of others. Cyon ISP also may limit, restrict or prohibit access to its system resources as Cyon ISP, in its sole discretion, considers appropriate to provide the availability of such resources.
You are responsible for obtaining and maintaining any communications equipment necessary to connect to Cyon ISP services, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with Cyon ISP's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through Cyon ISP services or other Internet services, and for all use of your account with or without your knowledge or consent.
If Cyon ISP receives complaints or otherwise becomes aware of possible violations of the Agreement, Cyon ISP may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about account holders and examining the content of personal electronic communications, Web pages or Cyon ISP Personal Pages on Cyon ISP's servers. During any investigation, Cyon ISP may suspend services to any customer being investigated and/or remove the material from its servers. You agree to cooperate with any such investigation. If Cyon ISP determines, in its sole discretion, that a violation of the Agreement has occurred, it may, but will not be obligated to, take enforcement measures as defined in the Guidelines. Violations of this nature could also subject you to criminal or civil liability including monetary damages and a $200 handling fee charged to your Cyon ISP account. You grant Cyon ISP permission to bill this fee to your credit card.
Any use of Cyon ISP software or third-party software distributed by Cyon ISP is governed by the end-user license agreements that accompany the software. Use of such software indicates your acceptance of all terms in any such license agreement.
2.0 Content
Cyon ISP Services include access to many areas of the Internet. Some of these areas contain discussion, materials, and pictures that could be harmful, offensive and/or intended for adult audiences. Cyon ISP account holders must be at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you agree: (a) to exercise supervision over the minor's access to the Internet, (b) to assume all risk associated with viewing content or exposing any minor or other person to content in the Internet, and (c) to defend, indemnify and hold Cyon ISP harmless from any claims, losses and damages, including attorney's fees, resulting from viewing content or exposing any minor or other person to content on the Internet.
From time to time Cyon ISP may offer rating systems and filtering software or procedures to help you screen out language or images that you do not wish to receive through your Cyon ISP Services. There is no guarantee that all harmful, offensive, adult or other information you wish to block out will be blocked out because, among other reasons, each rating system depends on the content provider's evaluation and self-rating or on ratings by a third party.
If you are a Web Hosting or Dedicated Service customer, you may request certain Internet filtering options based on network number, protocol or host computer. Cyon ISP will comply with these requests only if made by e-mail from an authorized technician designated by you. Internet filtering services may be subject to additional fees.
Cyon ISP exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between you and other individuals or entities or between you and Cyon ISP related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from or which are related in any way to the content of information passing through Cyon ISP's network or equipment are your sole and exclusive responsibility. You agree to indemnify and hold Cyon ISP harmless from and against all claims, damages, costs and expenses (including attorneys' fees) which result from or which are related in any way to the content of information passing through Cyon ISP's network or equipment, or to your use of Cyon ISP Services, equipment, bundled software or the Internet. It is your responsibility to use Cyon ISP Services for lawful purposes only. This agreement to indemnify shall survive the termination of the Agreement. You will not assign or transfer the rights and Services granted hereunder to any other person or any other location. Use of Cyon ISP Services, equipment, any bundled software or the Internet constitutes acceptance of this Agreement in full. Use of the Internet and the information available through it is at your own risk.
Cyon ISP reserves the right to extend, limit or alter access to accounts and services that are deliquent under the terms outlined in section 4.0.
To comply with applicable laws and appropriate requests from government and law enforcement to operate our systems properly, or to protect ourselves or our account holders, Cyon ISP reserves the right to access and disclose any information including without limitation to the user names of accountholders, the contents of the of personal electronic communication passing through its network, and any other information it deems necessary or appropriate. Cyon ISP will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Cyon ISP reserves the right to report to law enforcement any suspected illegal activity of which it becomes aware.
3.0 Hardware
All hardware sold by Cyon ISP to you shall be on an "as is" basis, governed only by any applicable manufacturer's warranty.
For Dedicated Service customers, Cyon ISP offers its Priority Express Service covering the first twelve months after commencement of Services. If notified by you during Cyon ISP's standard business hours (9:00-5:00 Eastern Standard Time), and Cyon ISP's support staff determines that hardware provided by Cyon ISP is not functioning properly, Cyon ISP will ship an equivalent pre-configured replacement by overnight courier to you at no additional charge, provided that you return the faulty hardware to Cyon ISP within 10 days of receipt of the replacement hardware. Any unreturned hardware will be charged to you.
4.0 Billing
You agree to provide Cyon ISP with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a Cyon ISP account or Service by fraudulent means will result in immediate and permanent termination of the account, possible civil damages and criminal penalties.
Your Cyon ISP account will be considered delinquent if your balance remains unpaid at the beginning of the next accounting cycle. This includes if the credit card company refuses for any reason to pay the amount billed to it and that amount. All accounts must be paid in advance except invoices on approved Purchase Orders. Invoices based on approved Purchase Orders shall have payment terms of net 30. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the account holder. You acknowledge responsibility for any account you have opened until payment in full is made. If your account is delinquent, Cyon ISP will not release your domain name.
Cyon ISP reserves the right to charge a service reconnection fee to reinstate suspended accounts.
Cyon ISP reserves the right to charge a $5.00 service charge for each returned check.
Should Cyon ISP determine, in its sole discretion, that you have violated any aspect of the Agreement, then without limiting or excluding any other remedy available to Cyon ISP, Cyon ISP may charge to your account a $200 handling fee.
Cyon ISP Customer Service may be reached by e-mail at: support@cyonisp.net, or by calling 508-384-1399.
To cancel your account, you must notify Cyon ISP's Customer Service department in writing. Cancellation requests must include all identifying information as it appears in Cyon ISP's billing records. If the information provided to Cyon ISP for an account does not match the account's records, cancellation may be delayed or prevented. Dial-up cancellations must be received in Customer Service by 5:00 PM Eastern Time on the 25th of the current month in order to be effective for the following month and to avoid charges for the following month. Be aware that cancellation requests directed to other Cyon ISP departments may not be received by the Customer Service Department. All Cyon ISP accounts must be paid in full before a cancellation will be considered complete.
If a Cyon ISP account is canceled, suspended or terminated, Cyon ISP may maintain the account for 30 days. You may contact Cyon ISP within that time to inquire about reopening a suspended account, or forwarding mail to another address. Cyon ISP reserves the right to refuse to forward the mail of any account terminated for violation of any provision of the Agreement. If you do not contact Cyon ISP within 30 days, your account and associated files will be deleted from Cyon ISP's servers, and Cyon ISP will not be able to reopen it or restore files. Cyon ISP is not responsible for maintaining material that it deletes from its servers if the material violates any provision of these Terms and Conditions, or Cyon ISP's Acceptable Use Guidelines.
5.0 "As Is" Services; Limitation of Liability; Indemnification.
The Services provided by Cyon ISP and any equipment owned by Cyon ISP and used by you, are provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT CYON ISP WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF CYON ISP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Cyon ISP, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Cyon ISP Services will be uninterrupted or error free.
Neither party will be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use Cyon ISP Services, other than for payment of fees due and for indemnification under section 5.3 and 5.4, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through Cyon ISP is at your own risk. Under no circumstances will Cyon ISP be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on Cyon ISP's services and systems.
You agree to waive and hold Cyon ISP harmless from claims related to any action taken by Cyon ISP as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from Cyon ISP as a result of Cyon ISP's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of Cyon ISP's conclusion that a violation has occurred. This waiver applies to all violations described in the Agreement. IN NO EVENT WILL CYON ISP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR RELATED TO THE AGREEMENT OR YOUR USE OF OR INABILITY TO USE CYON ISP SERVICES. CYON ISP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT CYON ISP'S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, Cyon ISP's entire liability under or arising out of this Agreement will be limited to the amount you paid for the Services in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and Cyon ISP limits its liability in such jurisdictions only to the degree allowed by applicable laws.
You agree to defend, indemnify and hold Cyon ISP harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto Cyon ISP's servers, or from any and all use of your account, with or without your knowledge or consent. This agreement to indemnify shall survive the termination of the Agreement.
6.0 Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of laws principles. The parties' consent to the exclusive jurisdiction and venue of the state and federal courts located in and serving Bristol County, Massachusetts. The parties submit to the personal jurisdiction of such courts.
Section 5 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.
If any aspect of the Agreement is held to be unenforceable, such aspect will be performed only to the extent necessary and in such a manner to preserve to the greatest extent possible to effect the original intent of the parties. The remainder of this Agreement will remain in full force and effect.
You shall not sell, transfer or assign this Agreement.
Except for the payment of money, neither party will be liable for any failure or delay in performance under the Agreement which might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of any nature beyond the reasonable control of such party, including without limitation acts of nature, court or government.