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Cyboretum.com Acceptable Use Policy

From time to time Cybortum.com / CBF Productions Inc. may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.cybortum.com. The AUPs are not exhaustive and Cybortum.com / CBF Productions Inc. reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.cybortum.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Acceptable Use Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action, as Cybortum.com / CBF Productions Inc. deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM KORKSOFT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS KORKSOFT'S POLICY TO TERMINATE REPEAT INFRINGERS. KORKSOFT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities.

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $125 USD per hour. Enquiries regarding security matters may be directed to support@cybortum.com

System And Network Security.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Cybortum.com / CBF Productions Inc. may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in e-mail or a newsgroup posting.
  • IRC chat 'bots' or daemons being run from shared hosting, dedicated servers and/or co-location servers.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Cybortum.com / CBF Productions Inc.. Such labor is categorized as emergency security breach recovery and is currently charged at $125 USD per hour required. Enquiries regarding security matters may be directed to support@cybortum.com. Cybortum.com / CBF Productions Inc. is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Cybortum.com / CBF Productions Inc. urges its customers to assume that all of their online communications are insecure. Cybortum.com / CBF Productions Inc. cannot take responsibility for the security of information transmitted over Cybortum.com / CBF Productions Inc.'s facilities.

Password Protection.

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Cybortum.com / CBF Productions Inc.'s service to guess passwords or to access other systems or networks without authorization. Cybortum.com / CBF Productions Inc. will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

 

Internet Etiquette.

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Cybortum.com / CBF Productions Inc. may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Cybortum.com / CBF Productions Inc. by offended users. Cybortum.com / CBF Productions Inc. reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy.

The Cybortum.com / CBF Productions Inc. network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. Cybortum.com / CBF Productions Inc. will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility.

Customers have a responsibility to use the Cybortum.com / CBF Productions Inc. network responsibly. This includes respecting the other customers of Cybortum.com / CBF Productions Inc.. Cybortum.com / CBF Productions Inc. reserves the right to suspend and or cancel service with any Customer who uses the Cybortum.com / CBF Productions Inc. network in such a way that adversely affects other Cybortum.com / CBF Productions Inc. customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to Cybortum.com / CBF Productions Inc. or its customers (i.e. computer hacking), and/or
  • Participating in behavior, which result in reprisals that adversely affect the Cybortum.com / CBF Productions Inc. network or other customers' access to the Cybortum.com / CBF Productions Inc. network.

Cybortum.com / CBF Productions Inc. will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Cybortum.com / CBF Productions Inc. customer, whether or not the attacked account or computer belongs to Cybortum.com / CBF Productions Inc., will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Cybortum.com / CBF Productions Inc. is strictly prohibited.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Cybortum.com / CBF Productions Inc. will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any Cybortum.com / CBF Productions Inc. service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or violation of federal export restriction in connection with use of Cybortum.com / CBF Productions Inc. services or products is prohibited. Using the Cybortum.com / CBF Productions Inc. network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Cybortum.com / CBF Productions Inc. network are open to the public. You are solely responsible for your usage of the Cybortum.com / CBF Productions Inc. network and servers and any statement you make on servers hosted within the Cybortum.com / CBF Productions Inc. network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet.

Cybortum.com / CBF Productions Inc. will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Cybortum.com / CBF Productions Inc. network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Commercial Advertisements with E-mail.

Cybortum.com / CBF Productions Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Cybortum.com / CBF Productions Inc. may not use or permit others to use our network to transact in UCE. Customers of Cybortum.com / CBF Productions Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Cybortum.com / CBF Productions Inc. are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Cybortum.com / CBF Productions Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Cybortum.com / CBF Productions Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Cybortum.com / CBF Productions Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Cybortum.com / CBF Productions Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cybortum.com / CBF Productions Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Cybortum.com / CBF Productions Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cybortum.com / CBF Productions Inc. will notify law enforcement officials if the violation is believed to be a criminal offense. Violation of Cybortum.com / CBF Productions Inc.'s SPAM policy may be reported to abuse@cybortum.com.

IP Address Overlap.

Cybortum.com / CBF Productions Inc. administers the network on which customer servers reside. The customer cannot use IP addresses, which were not assigned to them by Cybortum.com / CBF Productions Inc. staff. Any server found using IPs that was not officially assigned would be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC.

Cybortum.com / CBF Productions Inc. does not allow the use of IRC inside the Cybortum.com / CBF Productions Inc. network under any circumstances.

Billing.

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Customer accounts are billed per the terms their original orders (e.g. Monthly, Quarterly, Annually). Customers may request that monthly accounts be adjusted to Annual billing, however Annual billing customers are not eligible for adjusting to Monthly billing. Customer accounts automatically renew per the terms of their original purchase, unless we receive a notification a minimum of 30-days prior to their next renewal of service (Note: exception is made for those customers within the first 30-days of new service as they may request a full refund excluding setup fees, domain names and SSL certificate purchases); if notification is not received for modification of service and/or cancellation, customer is fully responsible for all charges for renewal of service.

All services must be paid in full by the first day of commencement or renewal of the respective service and term. Customers are given a grace period of 3 days. After this time, all accounts and services will be disabled or suspended until paid in full. Chargebacks from customers as well as NSF cheques will include a $50 service charge . We reserve the right to refuse reactivation of any delinquent account or service.

Suspension.

Cybortum.com / CBF Productions Inc. reserves the right to suspend network access to any customer if, in the judgment of the Cybortum.com / CBF Productions Inc. network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Cybortum.com / CBF Productions Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Cancellation.

Cybortum.com / CBF Productions Inc. reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Cybortum.com / CBF Productions Inc. if Cybortum.com / CBF Productions Inc. institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e. transfer, space etc.). Customers must provide cancellation requests in writing (i.e. email, fax, mail) a minimum of 30-days in advance to service cancellation. Customers that have applied for annual service are bound to the terms of the service and pro-rata refunds are not available.

Indemnification.

Cybortum.com / CBF Productions Inc. wishes to emphasize that in signing the Dedicated Server Agreement or its equivalent, customer indemnifies Cybortum.com / CBF Productions Inc. for any violation of the Dedicated Server Agreement or its equivalent, law or AUP that results in loss to Cybortum.com / CBF Productions Inc. or the bringing of any claim against Cybortum.com / CBF Productions Inc. by any third-party. This means that if Cybortum.com / CBF Productions Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Cybortum.com / CBF Productions Inc., plus costs and reasonable attorney's fees.

Disclaimer of Responsibility.

Cybortum.com / CBF Productions Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Cybortum.com / CBF Productions Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

All Sub-Networks, resellers and managed servers of Cybortum.com / CBF Productions Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.