These Terms of Service were last revised on October 24, 2007

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.

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 $5.00 re-activation fee.

Returned checks will be charged and additional fee of $30.00.

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.

Cancellations and Refunds

Customers may terminate their account at any time. The Customer shall contact CyberLand-USA by email, telephone or letter 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.

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.

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

The Customer agrees that CyberLand-USA reserves the right to email current Customers pertaining to certain events (e.g. announcements, newsletters or other related material pertaining to the operation of CyberLand-USA).

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.

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.

Fees and Rates

CyberLand-USA reserves the right to alter, change, or amend the rate charged for any fees under this agreement with 30-days notice.

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.