These Terms of Service were last revised on January 28th, 2009

The terms that follow exist to maintain the integrity of all services provided by CyberLand-USA. By purchasing services from CyberLand-USA, you are agreeing to each of the terms listed below.

Indemnification and Relationship of Parties

1. Customer agrees to indemnify and hold CyberLand-USA harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's website provided hereunder.

2. Nothing contained herein shall be deemed to create a relationship between the CyberLand-USA and the Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that CyberLand-USA has no interaction with the data or substance of the Customer’s website, except as necessary to maintain the website.

Payment Terms:

CyberLand-USA accepts payment by Credit Card (Visa, MasterCard, Discover, American Express, and by personal check, cashier's check, electronic check, or money order). In addition, CyberLand-USA may from time to time allow additional forms of payment; however the offering of a particular form of payment does not obligate CyberLand-USA to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If paying by check, accounts will not be setup until the check has cleared.

Prior to the activation of a customer's account and at any applicable time thereafter the customer agrees to allow CyberLand-USA to charge their provided credit card or bank account and at stated regular intervals the agreed service fee amount for the stated period.

The customer further authorize CyberLand-USA to charge their credit card or bank account for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period.

The customer agrees to maintain a current valid credit card or bank account information with CyberLand-USA for the purpose of satisfying the CyberLand-USA charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of CyberLand-USA. In addition, the refusal, rejection or return of any such charges or any portion thereof is grounds for account suspension and/or termination at the sole option of CyberLand-USA.

Billing Cycle:

The Customer billing cycle is based on the day that the client signed up for service initially. The Customer will receive an invoice approximately fourteen (14) days prior to their account becomes due (For PayPal and Check payments). If a Customer is on a recurring billing cycle (For Credit Cards), the Customer will receive a paid notice at the time their credit card is billed or a failure notice if the c.c. was declined. The customer will then need to login and correct the billing error. If payment is not received within 7 days of their due date, their account will be suspended. If payment has not been received within 10 days of their due date, the account will be completely terminated.

Additional Charges:

Additional charges for services, such as extra IP addresses, charges for the use of extra Bandwidth or disc space, is due upon billing. Failure to make remittance for such services may result in suspension or termination of the Customer’s account.

Suspended accounts will incur a $25.00 re-activation fee.

CyberLand-USA will not be held liable for any taxes or additional fees that are to be paid in accordance with, or due to, purchases made by the customer. It is solely the customer's responsibility to handle all taxes and fees that are associated with our service.

CyberLand-USA does not send invoices by postal mail, or contact their customers pertaining to late invoices, unless required by law to collect payment.

The client understands and agrees that they are responsible for payment to CyberLand-USA or its agents, suppliers, and subcontractors of costs related to a charge-back excluding the charge-back fee itself.

The client further agree that CyberLand-USA or its agents, suppliers, and subcontractors can enforce this agreement to recover such cost related to the handling of a charge-back-related issue in accordance with this Agreement or through any other legal rights or remedies that CyberLand-USA or its agents, suppliers, and subcontractors may have.

Refusal of Service

CyberLand-USA may, at its sole discretion, terminate or suspend the access to Services or any portion thereof for failure to follow any terms or conditions established by CyberLand-USA. Furthermore, termination for failing to follow our terms or conditions will result in the forfeiture of any refund either in whole or in part.

CyberLand-USA, at its sole discretion, reserves the right to refuse or deny service to any company or individual.

Content

CyberLand-USA hosting services may only be utilized for lawful purposes. Any actions by the Customer that violate federal, state, local, or international laws is strictly prohibited. Furthermore, CyberLand-USA does not condone racist, hatred (Hate-Sites) against another race, religion, gender, or excessively violent material. Any and all violation of this section will result in immediate removal of the Customer’s account.

CyberLand-USA believes in freedom of speech, and is not responsible for the content a Customer posts on their web site. Further more, CyberLand-USA is not obligated to monitor, warrant, or vouch for the accuracy and quality of said content. If CyberLand-USA is made aware of content that violates our Terms of Service, in our sole discretion, CyberLand-USA has the right, but not the obligation, to remove, deny access, or terminate an account without notice.

Pornographic or pornographic related merchandising is strictly prohibited. This includes, but is not limited to, any sites that may infer sexual content or links to adult content elsewhere. CyberLand-USA will be the sole arbiter as to what constitutes a violation of this provision.

Use of the CyberLand-USA 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 strictly prohibited.

CyberLand-USA Customers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Terms of Service Policy.

Use of Service

1. Customer agrees to maintain their site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.

2. Customer agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.

3. Customer agrees to keep their contact email address with CyberLand-USA current at all times, and agrees CyberLand-USA has no liability for lost or undelivered email messages concerning the status or payment due for Customer's account.

4. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disc space and session time. The Customer may not use resource-intensive programs, which negatively impact other customers or the performances of CyberLand-USA systems or networks. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in immediate suspension or termination of the Customer's account.

Examples of scripts or programs not allow include; phpshell, UltimateBBS, Ikonboard, IRC related programs, Proxy Servers, nph-proxy, formmail.pl, any Shell, SSH, or Telnet alternative, any script that uses and processes a large numbers of flatfiles or databases.

Any script found that could negatively impact one of our servers will be removed from the customer’s account and may result in immediate suspension or termination of your account.

5. Running cron entries with intervals of less than 15 minutes is prohibited.

6. Customers are not permitted to resell, store or give away web-hosting or email services to other parties under any conditions. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. This does not apply to our Reseller Accounts.

7. CGI/Perl based forums are not allowed, as they use to many system resources. If CyberLand-USA finds that a customer is running a CGI/Perl based forum on their site, it will be removed without notice.

8. Content on a customer’s web site shall not be encrypted in any fashion so as to disguise the purpose of said content.

9. Addon Domains:
Multiple Domain accounts are for our customer’s personal use only, to host their sites. The customer may not give away these account to family, friends or sell the accounts. The domain name must be owned by the Customer. Any violation may result is the suspension or termination of the account without notice.

SPAM Policy

1. CyberLand-USA is committed to a zero-tolerance, anti-Spamming policy.

Customers are prohibited from engaging in improper use or distribution of electronic mail ("e-mail").

Customers are strictly prohibited from sending unsolicited SPAM email messages, or Email containing any type of advertising material to individuals who did not specifically request such materials.

Customers are strictly prohibited from having a third party send mass or commercial emails on any Customer's behalf, and using CyberLand-USA’s facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts).

Mass or bulk commercial emails may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by CyberLand-USA.

Customers that send mass or bulk commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide CyberLand-USA with such records upon request of CyberLand-USA. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

In the absence of positive, verifiable proof to the contrary, CyberLand-USA considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

CyberLand-USA will react quickly and seriously to violations. We further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts canceled due to spam will be billed a "clean up" fee of $50.

Term of Contract and Termination

This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder.

Account Downtime:

We guarantee a 99.9% uptime for all servers. While every effort will be made to ensure this occurs, the Customer understands that issues may arise with hardware, software, the Data Center, or weather, among other things. CyberLand-USA shall not be held responsible for any claimed damages, including incidental and consequential damages, which may arise from CyberLand-USA's servers going off-line or being unavailable for any reason, other then the refund policy stated below. Furthermore, CyberLand-USA is not responsible for any claimed damages, including incidental or consequential damages, resulting from the deletion, modification, or corruption of any web site from one of CyberLand-USA's servers, other then the refund policy stated below. All damages shall be limited a partial or complete refund of the last invoice paid, with a limit of 12 months pre-paid service. No additional damages may be saught other then your last invoice paid. CyberLand-USA reserves the right to be the sole judge in terms of acceptable use and downtime. CyberLand-USA reserves the right to refuse, cancel, or suspend service at our sole discretion. Failure to follow any term or condition will be grounds for immediate account deactivation.

Cancellations and Refunds

Customers may terminate their account at any time. The Customer shall contact CyberLand-USA by email or via help desk expressing their intent. To insure the security of the Customer's account, CyberLand-USA may contact the Customer via email to confirm the Customer's wishes before terminating the account completely.

CyberLand-USA shall issue the Customer a refund for the remainder of the term of service of the Customer’s contract if so requested by the Customer.

If a customer seeks a refund due to a failure of CyberLand-USA's ability to meet their own guarantees (IE: Server Uptime) then a refund will be issued for the pro-rated amount based upon the percentage that the guarantee was missed by. The maximum amount CyberLand-USA would ever be liable for is a single (1) month's hosting fee, as all guarantee's start over at the 1st of the month. This is non-negotiable and all clients agree to this term by continuing to make use of our hosting services.

Account Backups:

It is the sole responsibility of the client to do all back ups of their site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of your files. CyberLand-USA.com is not held liable, in any way, for any files, money, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files can be retrieved successfully or up to date. Summary: All backups are the client's responsibility. Further Information

Domain Name Renewals:

If Stormwire.com registered your domain then domain registration renewals will occur automatically up to 1 month prior to your renewal date as long as your account is current and in good standing. The cost is $19.00/year, and the term is 1 year. If you register a domain through us and you leave Stormwire.com's services within that year, it is your (the customer's) responsibility to submit a support request at the following url to have it renewed at the $19.00/year price or it will not be renewed at all.

This means that if you terminate your account with us, and we are your original registrar, your domain will expire and be released for re-registration if you do not submit the support request to renew and pay in full. Automated domain renewals, for which we are the original registrar, only occur for current clients who have an account in good standing.

Stormwire.com does NOT renew any domains that have been registered via Cyberland-USA.com, Americashost.com, or Rockhosting.com automatically. If your domain name was registered with any of these sites (prior to Stormwire.com's acquisition of them) then it is up to you to either renew the domain on your own or submit a request ticket for us to renew the domain for you. There are no refunds on a domain that has allready been auto-renewed or registered.

Our registry (enom.com) will automatically send notifications to the administrative contact's email address notifying you of impending domain expiration. Typically, the registry sends these notifications at 90 days, 60 days, 30 days, 14 days, and the day of prior to the domain name's expiration. Thus, please ensure that you always keep a working email address on file with the registry so you receive those notifications. Please understand that it is the always the client's responsibility to ensure their domain names continue to be renewed whenever they are about to expire.

Bandwidth And Disc Space Usage

The intention of CyberLand-USA is to provide ample disk space and other resources, such as email or FTP accounts, for our customer's convenience. These resources are dedicated towards serving web documents and email services. They are not to be used as an offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All files stored on the server have to be available for download via an HTML document (web page) in a publicly or privately accessible area.

Any account found to contain either/or no html documents, or a large number of unlinked files are subject to suspension or cancellation at the sole discretion of CyberLand-USA.

The Customer agrees to monitor their bandwidth and disc usage, and further agrees that such usage shall not exceed the number of megabytes per month in accordance with the customer's hosting plan. CyberLand-USA shall have the right to take corrective action if Customer's bandwidth or disc usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in CyberLand-USA’s sole and absolute discretion

Security

Customer agrees not to attempt to undermine or cause harm to any server or customers of CyberLand-USA. Failure to comply with this rule will result in immediate termination of the Customer's account.

Email From CyberLand-USA

CyberLand-USA will post current news and events in the Announcement Section (e.g. announcements, newsletters or other related material pertaining to the operation of CyberLand-USA) which the customer agrees to review periodically. However, CyberLand-USA does reserves the right to email current Customers pertaining to certain events.

Support Boundaries

CyberLand-USA does not offer tech support for application specific issues such as cgi programming, html, installing scripts or any other such non-related server issues.

If the customer request CyberLand-USA assistances in installing a script, there will be a minimum service fee of $10.00.

Customers Responsibilities

The Customer is responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to their website. In addition, the Customer hereby warrants that all Upload Materials shall be owned or properly licensed by the Customer and shall not adversely affect the Services or violate any rights of any third parties.

The Customer is responsible for ensuring that all Upload Materials will function properly and as intended. The Customer is responsible for all activity originating from their website, unless proven to be a victim of outside hacking or address forgery.

Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software. The Customer is responsible for the content of their web site, and includes, but is not limited to the following:

a) Web site publishing including FrontPage Web Publishing (requires knowledge of the FrontPage tools).
b) Properly locating and linking documents.
c) Perl, PHP and CGI-scripts (requires knowledge of the UNIX environment and Permissions).
d) Email Client (requires knowledge of use of email clients to receive and send mail).
e) Installing third party scripts. CyberLand-USA does not provide support for Cpanel's third party scripts. If support is needed, the customer must contact the vendor.
f) Any and all backups of their web site's files.

By accepting our Hosting service, the Customer acknowledges that they have the necessary knowledge to create, modify and maintain their website. CyberLand-USA assumes no responsibility to provide the Customer with such knowledge.

Scope of Services and Your Obligations:

This Agreement defines the terms and conditions of CyberLand-USA's services as offered by CyberLand-USA and used by you, including the provision of web hosting services on CyberLand-USA's dedicated servers and connectivity to the Internet (the "Services"). CyberLand-USA will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, CyberLand-USA maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

As part of the Services, CyberLand-USA will also provide your own web-based control panel (the "Control Panel") containing links to your summaries of the Services you have chosen, other features, etc... YOU AGREE TO VISIT THE TERMS OF SERVICE AT LEAST ONCE EVERY 30 DAYS TO LOOK FOR ANY UPDATES AND OR CHANGES. Your Control Panel also permits access to your website for uploading and modifying the contents. You will provide a unique password for authentication each time you access your website. You and CyberLand-USA will keep such password confidential.

You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Uploaded Materials") to your website, and you hereby warrant that all Uploaded Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. CyberLand-USA assumes no responsibility to provide you with such knowledge.

In connection with the Services, CyberLand-USA may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools"). Access to these Tools may be via your Control Panel (cpanel). These Tools are copyrighted and proprietary property owned by CyberLand-USA. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement. Said tools are provided to you (the client) for FREE, and can be revoked, discontinued, updated, or changed at any time under this Agreement. Said tools are provided on an as-is basis, and CyberLand-USA offers no guarantees to their complete functionality and/or limitations. Furthermore, all tools and software usage must stay within the constraints of the server's configuration limits, as such limits are imposed for the protection of it's users and the server as a whole.

During the period that CyberLand-USA provides the Services to you, you hereby grant to CyberLand-USA a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

For server restoration purposes only, CyberLand-USA attempts to makes full back-ups of websites weekly, however, CyberLand-USA makes no guarantees of any kind, either expressed or implied, as to the integrity or existence of these back-ups. You are responsible to maintain your own local copies of your website using the tools provided in your control panel.

If loss of data occurs due to a hardware failure, CyberLand-USA will attempt to recover the data at no additional charge. However, it is important to understand that hardware failures are beyond our control and often result in a loss of the client's data if no local backups are made using the free tools provided. It is the sole responsibility of the client to do all back ups of their site. If, in the unfortunate event, something happens to your files, mail, databases, or any other data stored on our server, it is the sole responsibility of the client to have a local copy to restore from.

CyberLand-USA is not held liable, in any way, for any files, income, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files can be retrieved successfully or if they will be up to date. The total damages CyberLand-USA could ever be liable for in a US court of law is limited to the most recent invoice amount paid by the client for their hosting account with CyberLand-USA.com. Summary: All backups are the client's responsibility.

CyberLand-USA reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. CyberLand-USA will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not CyberLand-USA's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that CyberLand-USA is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, CyberLand-USA will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, CyberLand-USA has a policy of terminating accountholders who are repeat copyright infringers.

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on CyberLand-USA's servers nor the links to other websites are screened, approved, reviewed or endorsed by CyberLand-USA. CyberLand-USA is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not CyberLand-USA's statements of advice, opinion or information.

CyberLand-USA.com reserves the right to patch, upgrade, modify, tune, configure, and globally install any 3rd party software they see fit to protect the server, and all clients hosted, from any outside threats. These changes, additions, and 3rd party global script installs are solely up to CyberLand-USA.com to determine, as the server owner and operator, and is for the protection of the clients and owners of the machine. Examples of such software include, but are not limited to: firewalls, SSH access limitations, any level of mail scanning (to fight SPAM), virus filtering, MRTG, Kernal Upgrades, and more. Please note that we will work with any client to help them resolve any issues that may arise as a direct result of said software, however, we will not remove any software deemed necessary at a user's request. All software installed and running on the server where a shared account is hosted is specifically configured to protect the server and the clients from outside threats, and to keep the hosting environment safe, secure, and reliable.

Limited Warranty; Limitation of Liability; Indemnification:

Limited Warranty. You acknowledge that the Services are provided "as is." Neither CyberLand-USA, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. CyberLand-USA is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will CyberLand-USA be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

Limitation of Liability. IN NO EVENT SHALL CyberLand-USA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CyberLand-USA'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CyberLand-USA'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CyberLand-USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CyberLand-USA'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CyberLand-USA FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CyberLand-USA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Extended. Warranty/Limitation of Liability - Customer hereby agrees that CyberLand-USA makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that CyberLand-USA shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from CyberLand-USA to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. CyberLand-USA's liability arising out of delays in installation, commencement or restoration of Service, or out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, CyberLand-USA shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement.

IN NO EVENT SHALL CyberLand-USA BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF CyberLand-USA PURSUANT TO THIS AGREEMENT. CyberLand-USA MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY CyberLand-USA ARE HEREBY EXCLUDED AND DISCLAIMED

Indemnification. You agree to indemnify, defend and hold CyberLand-USA and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto CyberLand-USA's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to CyberLand-USA's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your web master; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by CyberLand-USA's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Service Interuptions. Customer understands and agrees that occasional temporary interruptions of Internet Services may occur and agrees that under no circumstances will CyberLand-USA be held liable for any financial or other damages due to such interruptions. In no event shall CyberLand-USA be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Examples of such temporary interuptions include, but are not limited to: Data Center issues, routing issues, hardware failures/issues, upstream provider issues, etc...

Force Majeure. CyberLand-USA shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; CyberLand-USA failures, shortages, breaches or delays

Liability of Customer - Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to CyberLand-USA's facilities, shall not result in the imposition of any liability upon CyberLand-USA and Customer shall pay to CyberLand-USA any reasonable costs, expenses, damages, fees or penalties incurred by CyberLand-USA as a result thereof, including costs of local exchange company, labor and materials

INDEMNITY BY CUSTOMER - CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY CyberLand-USA, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF CyberLand-USA'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF CyberLand-USA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF CyberLand-USA'S REASONABLE ATTORNEY'S FEES

Arbitration; Governing Law:

Except for CyberLand-USA's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by CyberLand-USA pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of CyberLand-USA's servers, such controversy or dispute shall first be presented for resolution by CyberLand-USA and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Ohio and or North Carolina for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section.

Miscellaneous Terms:

You may not assign your rights and obligations under this Agreement without the prior written consent of CyberLand-USA, which may be withheld at CyberLand-USA's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of CyberLand-USA to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by CyberLand-USA of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by CyberLand-USA. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and CyberLand-USA and supersede and govern all prior proposals, agreements, or other communications.

Fees and Rates

CyberLand-USA reserves the right to alter, change, or amend the rate charged for any fees under this agreement as long as a notice period of 7 days has been provided.

Scope of Agreement

This agreement must be honored by customer's of resellers who purchase services from CyberLand-USA.

Changes to the TOS

CyberLand-USA reserves the right to revise its policies at any time without notice. The continued use of our Hosting Services after the effective date of any posted change constitutes the acceptance of the amended Terms of Service as modified by the posted changes.